Contract adaptation under legal constraints - Myassignmenthelp.Com

Question: Discuss about the Contract adaptation under legal constraints. Answer: Introduction Development of a property is an intensive task that requires a lot of research and specification analysis in order to reach a successful completion. There are different factors that are significant in the successful project completion and the factors that are evaluated at the beginning of implementation of the project life cycle has the highest influence of the project and its related outcomes (Kerzner 2013). In any project, the client is the key decision maker and therefore, presence of proper feedback path is necessary throughout the implementation of the project. Proper decision-making plays a key role in proper development of any project and largely affects the viability of any project. Therefore, it can certainly be said that there are certain factors that influences the proper implementation of the project. These factors can be termed as the project success criteria or variables that measure the success of a project. These criteria mainly affect and evaluate the size, complexit y, duration, type and requirement of the stakeholders associated with the project. The success criteria of the project refer to some measurable and non-measurable items. The essay discusses the different factors that contribute to the successful development of the project (Sears et al. 2015). Project inception or the planning phase is an important phase of any project development life cycle. The primary goal of a project is to gain the stakeholders consensus and evaluate the different requirements and objectives of the project. This project is undertaken in order to develop a property. The property is to be constructed by properly evaluating the different criteria specified by the client (Walker 2015). This project scope phase of the construction project management is responsible for setting up of realistic project goals that the entire project team will adhere to throughout the project implementation phase (Fageha and Aibinu 2013). The essay discusses the overall viability of the p roject that is associated with the construction of Salamander resort and Spa, by analyzing the overall viability of the project. Client Brief Details The project is based on a company that is formed in the 2005. The client for this project is Salamander Development, LLC. The main major goal of the client is to develop a project that will provide its clients unforgettable experiences. The company mainly specializes on management of the luxury hotels and resorts and this project aims at developing similar resort. The main focus of the client is to gain customer satisfaction thorough the project. The major funding of this project comes from the company Salamander Hospitality. Since the project size is considerably large, the company is aiming to develop the project in such a manner that will minimize the cost impact of the changes on the overall project. The owner of this project expects a high quality product that will serve the needs of its clients. Therefore, a contractor is hired for the project that will look after the entire constructional work associated with the project. For this, the cost and schedule of the project is needed to be estimated before the initiation of the project in order to implement the project successfully. General estimate of the costs are used for iteration in the later phases of the project. The cost and schedule of the project is estimated by evaluating the requirements that is gathered in the requirement analysis phase of the project life cycle (Pritchard 2013). However, considering the size of this project, it is not always possible to schedule the entire project at the project initiation phase. The schedule of the project must be accurate in order to reduce the number of errors in the execution or implementation stage of the project life cycle. The client expects a proper cost estimation and feasibility analysis of the project in order to eliminate the risk of change in project scope and delay in the project at the later stages of the project life cycle. For this, certain techniques of cost estimation are applied. These techniques include parametric estimation where the statistical modeling is used to develop the cost estimate of the project (Fewings 2013). This method mainly uses historical data of key cost drivers that helps in proper estimation of the project cost. Bottom up estimation is another technique employed for proper cost estimation of a project. It uses the estimates of the individual work packages, which are summarized in ord er to estimate the cost of the project accurately. Three-point estimate on the other hand uses the concept of program evaluation and review technique in order to define an approximate cost of the project. Other techniques include the cost of quality technique, different project management software and vendor bid analysis. Use of these tools and techniques is prevalent in project management. The type of contract that the project is likely to follow is determined in this step. This is essential for planning the project and setting up the schedule of the project by consulting with the contractor appointed for the project (Burke 2013). Key Objectives of the selected Project The objectives of this project are to design and develop a proper constructional project that meets the requirement of the client. The planning phase of the project is important in ensuring the success of the project. The key objectives of the project include development of 168 guestrooms, restaurants, conference facilities, a ball room and so on in order to provide effective services to its customers. The project management process for this project has given a proper emphasis on the project planning stage in order to eliminate the chances of project failure or the project facing delays. An architect is appointed for the project in order to plan and design the project according to the specification of the client. The construction site is located at Middleburg, VA and proper methodologies are appointed for managing this project and developing this organization according to the requirements. Stakeholders Analysis Stakeholders generally refer to the individual group or an organization, who are a major part of the project and is largely affected by the outcome of the project. The major stakeholders associated with the project include: the client, salamander development, the project manager appointed for the project and the builder of constructional works, the heritage consultant, the acoustic builder, the designer, the quality manager appointed for the project, the cost planning manager and the site engineer apart from the laborers and the workers. The stakeholder engagement plan was laid at the project initiation phase, which is important in order to manage the stakeholders throughout the project life cycle. The stakeholder engagement plan for the project are elaborated below- Stakeholder Preferred Communication Method Role Project Phase of Interest Internal orExternal to Project Power (1 - low to 5 - high) Interest (1 - low to 5 - high) Heritage Consultant Email Project Monitoring Planning and implementation External 4 4 Client, Builder Project Manager Email and phone Project supervision Implementation Internal 4 5 Acoustic engineer Email and phone Project implementation Implementation phase External 4 3 Project Manager Email and phone Project planning, execution and closure Entire project life cycle Internal 5 3 Cost Planning Manager Email and phone Project cost estimation Implementation phase Internal 5 4 Construction Site Manager Email Project Initiation Project initiation and project planning phase External 4 3 Construction Manager appointed for the project Email, phone and meetings Project Implementation Entire project life cycle External 5 4 Concept and viability The space provisions for the constructional work are evaluated at the inception phase of the project. The project is located in Middleburg, Virginia, to the west of Washington DC. The preferred methods of construction are further decided in the early planning phases of the project. The method of construction used in this project includes use of stone faade in the main entrance apart from using the masonry and brick construction. The constructional works of the project needs recycling of the waste products of the constructional site, the wastes are to be collected from the site and removed by a third party company in order to transfer it to the recycling plant. The materials needed for the constructional site includes cement render, bricks, marble, plaster and gypsum board, paint, wall covering, carpet and so on. Resource planning of the project is also done in the project initiation phase that ensures proper availability of the resources while the project implementation. An architect is appointed for the project to look after all the technical and the functional designing characteristics of the project. Development of a constructional project is associated with the property rights in order to ensure that the project does not come under any legislative scrutiny. The anticipated project cost for this project is almost $93 million. The project program and the process of project management in planned in the project inception phase in order to submit a proper site development plan to the local authority. All these aspects of the project is discussed in the project briefing phase so that all the employees and the project team members have a clear knowledge about the project progress. The project manager and the construction manager generally conduct the project brief. This is necessary as the project brief mainly aims at verifying the priorities and objectives of the project. Another major aim of the project briefing is to ensure that the time and cost parameters of the project are aligned with the requirements of the client. In construction projects, the architectural preferences of the clients are considered as well. The project requirements identified for the project should be clarified with the client in order to determine the structure of the project. This is project structure is discussed in the project briefing in order to gather the contextual information. Furthermore, the briefing stage helps in establishing the building life span and flexibility requirements of the project. The project briefing further evaluates the building or construction site surveys, detailed information about the ground condition of the construction work place. Project briefing is important as it defines the final stage of project inception phase. The client being the key decision maker in any project, project briefing attempts to describe the project to the team members according to the clients point of view. The strategic project briefing is generally a part developed from the statement of need or scope statement of the project. It describes the clients requirements in detail that allows the appointment of the project resources in a proper way (Yu and Shen 2013). Master planning The functional requirement of the project consists of completion of the project within the set schedule. The project was originally aimed at to be completed in the year 2010. Demographic brief: The entire project work includes involvement of about 1000 labors and workers. The construction manager appointed for the project is in charge of the monitoring the entire constructional work. The designer or the architect appointed is responsible for developing a detailed architectural drawing of the project. The project manager appointed for the project is responsible for supervising the entire project work. Apart from this, the quality control manager and safety manger has a huge role in development of this project. Physical Legislative requirements: Legislative requirements refer to the regulations that the work activities of a constructional site must conform to (Hughes, Champion and Murdoch 2015). The legislative requirements relate to the employment law, the safety requirements of the labors and workers working on the construction site, building regulations requirements and environmental requirements. These requirements if not taken into consideration can have negative impact on a project such as delay in achieving the set milestone, financial proceedings and possible criminal proceedings as well (Zanarone 2012). Planning Scheme: The planning stages of a constructional project include evaluation of the project scope, cost and schedule estimation of the project, evaluation of the project risks and determination of the feasibility of the project. Feasibility stage Analyzing the project feasibility is important for properly shaping the project development. It is essential to ensure whether the project is feasible to be completed within the time given by the client. This is essential to clarify this before the project initiation. The project milestones are generally set on basis of the time allocated by the client in development of a project. However, the time allocated by the client is subjected to change on basis of the requirements identified for the project. The set milestone however, is needed to be strictly followed throughout the project life cycle. Therefore, performing the feasibility study of the project is essential for proper implementation of the project (Larson and Gray 2013). Market analysis: The market value of this project is high as it aims at building a luxury property. The location is appropriate and is capable of attracting a number of customers. Therefore, the development of this construction project is sure to yield positive results. Financial viability (ROI): The return of investment of this project is around 0.62 for this project. The financial viability of the project is represented below- Suitability of Plans: The project is thoroughly planned at the project inception phase and the entire project is carried out according to the plan. Risk Analysis: It is essential for any project to evaluate the risks associated with it in order to eliminate the risk. The risks that are mainly associated with a construction project includes technical risks, environmental risk, logistical risks, financial risks and so on. The risk management process followed during this project is represented below (Raftery 2003)- Figure 1: Representing the risk management process (Source: Raftery 2003) Schematic Design The schematic design of the Salamander Resort project are represented below- Figure 2: Representing the schematic design of the project Detailed Design The detailed project design included the selection of the preferred construction methods that would be followed throughout the project implementation. It includes evaluation of the certain conditions that include certain work scope in the project such as, the extent of demolition required, the structural steel frame, and requirement of the electrical system and so on (Walker, 2015). BOQ and Tender preparation and Tender action The bill of qualities and the render preparation of the project is prepared according to the standard methods of measurement. It is prepared according to the widely recognized methodology in order to prevent any ambiguities arising in the constructional work. The primary purpose of BOQ and tender preparation in the project is to enable all the contractors in tendering for a contract to price on same information. Proper tender preparation is essential for hiring effective contractors for the work. The tender for this project was prepared and drafted at the project initiation phase. The tender with the most suitable bid are selected for the project (Sears et al. 2015 ). Project planning The major aspect of project planning is setting up the environment on which the project has to be prepared. Setting up a project environment is essential for initiation the process of project implementation. In this phase the project member are made to understand the project requirements and the task they are needed to perform while implementing the task. Furthermore, a construction project involves many labors and workers who are needed to be briefed about the tasks they will be performing along with the milestone set for such task (Cooke and Williams 2013). The objective of the project should be clear among the team members in order to eliminate the risk of project not meeting the set objectives. Preparation of a project environment further helps in motivating the employees and the workers who are associated with a project. Since the size of a construction project is huge, it is essential to set up a working environment that will keep the workers and the employees motivated through out the project life cycle (Tang and Shen 2013). Furthermore, evaluation of the project risk is one of the major factors for shaping the project development. A risk register is maintained throughout the project in order to ensure or monitor that the project does not experience any risk. The risks that are identified should be mitigated with a highest priority. Project inception phase thus play a major role in successful implementation of a construction project (Alinaitwe, Apolot and Tindiwensi 2013). Operations on site and Construction The operations on the site of construction in the initial planning phases of the project include the project briefing. The project briefing in this project helped the project team members in proper understanding the requirements of the project. Discussing and defining the overall objective of the project is essential for understanding the different parameters of the project. The intended audience of the project briefing should include the entire project team members in order to eliminate the risk of communication gap within the project (Chou and Yang 2012). Project briefing is generally done at the beginning of the project so that the entire team has a clear idea about what is to be done in a project. The main purpose of the project brief is to define all the project objectives, scope, deliverables budget and project schedule so that the project members get a clear idea about what is to be done in a project (Salisbury 2013). A proper project briefing clearly indicates the objectives of the project, It helps in understanding the parameters of the project along with the business objectives that the project is needed to fulfill. The project scope is another important aspect of project briefing. It mainly deals with the understanding of various factors that are essential to consider in order to eliminate the risk of change in scope while the project implementation. A proper project scope definition includes discussion of a proper project deliverable that is set in the project-planning phase. It further gives a clear idea about the project milestones and the project deliverables. This is essential as the project milestone is one of the most common issues that can affect the momentum of the project (Hartmann et al. 2012). Closeout A proper project checklist is prepared at the end of the project so that the project manager can use it in order to evaluate whether all the project requirements set at the beginning of the project is evaluated or not (Fewings 2013). Project Checklist Have all the deliverables been met? Yes Has individual performance feedback been given? Yes Have all the drawings and specifications been recorded? Yes Has a lesson learned been conducted? Yes Has a performance evaluation been conducted? Yes Has the project status been communicated to all stakeholders? Yes Has a project turnover memo been drafted? Yes References Alinaitwe, H., Apolot, R. and Tindiwensi, D., 2013. Investigation into the causes of delays and cost overruns in Uganda's public sector construction projects.Journal of Construction in Developing Countries,18(2), p.33. Burke, R. 2013. Project management: planning and control techniques.New Jersey, USA. Chou, J. S., and Yang, J. G. 2012. Project management knowledge and effects on construction project outcomes: An empirical study.Project Management Journal,43(5), 47-67. Cooke, B. and Williams, P., 2013.Construction planning, programming and control. John Wiley Sons. Fageha, M.K. and Aibinu, A.A., 2013. Managing project scope definition to improve stakeholders participation and enhance project outcome.Procedia-Social and Behavioral Sciences,74, pp.154-164. Fewings, P. 2013.Construction project management: an integrated approach. Routledge. Hartmann, T., Van Meerveld, H., Vossebeld, N. and Adriaanse, A., 2012. Aligning building information model tools and construction management methods.Automation in construction,22, pp.605-613. Hughes, W., Champion, R. and Murdoch, J., 2015.Construction contracts: law and management. Routledge. Kerzner, H. 2013.Project management: a systems approach to planning, scheduling, and controlling. John Wiley Sons. Larson, E. W., and Gray, C. 2013.Project Management: The Managerial Process with MS Project. McGraw-Hill. Pritchard, C. 2013.The project management communications toolkit. Artech House. Raftery, J. 2003.Risk analysis in project management. Routledge. Salisbury, F., 2013.Briefing your architect. Routledge. Sears, S. K., Sears, G. A., Clough, R. H., Rounds, J. L., and Segner, R. O. 2015.Construction project management. John Wiley Sons. Tang, L. and Shen, Q., 2013. Factors affecting effectiveness and efficiency of analyzing stakeholders' needs at the briefing stage of public private partnership projects.International Journal of Project Management,31(4), pp.513-521. Walker, A. 2015.Project management in construction. John Wiley Sons. Yu, A.T. and Shen, G.Q., 2013. Problems and solutions of requirements management for construction projects under the traditional procurement systems.Facilities,31(5/6), pp.223-237. Zanarone, G., 2012. Contract adaptation under legal constraints.The Journal of Law, Economics, Organization,29(4), pp.799-834.