Contracting for Innovation FINAL
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Comments and Keywords
Children
10% of Value of Contract Performance Bonds
100% Advance Payment Guarantee
15-20% of Contract Value Performance Guarantee
40-40-20 System for Two Subcontractors
47 Minutes Long
After Signing of Contract
All Claims Meticulously Investigated by Owners
Annual Budget
Annual Report
Anticipated Payback Period
Appropriate Skills
Approval for Extra-spending
Board of directors (8 members)
Board of directors (8 members),DECISIONS
Cash Payments (bonus) Model Vs. Cadillac Model
Central Policies
Change of Orders
Change of Scope of Works or technical requirements
Change Orders with Revised Time Planning
Clause to Address Unforeseen Circumstances
Collateral Needed for Long Periods
COMMENTS, 02.Brief History of the Øresund Link
COMMENTS, 03.Overview: The Principles of Risk Allocation
Communication and Synchronization
Compensation for Extra Costs Incurred
Conclusion of project: 2020
Conscientious Contractors Vs. Opportunistic Contractors
Contractor Cannot Replace Key Personnel without Owners Approval
Contractors under Contract with Owner not between Themselves
Contractual Language
Control of the Parties
Coordination Problems
Cost Overruns
Cost plus Method
Costly (0.25%-0.40% per Year of Guaranteed Value)
Critical Success Factors for Contrators
Cultural Orientation
Cutting-edge Technology
Damages for Non-performance
Decision Rights (owner and Contractors)
Defective Performance
Delays
Disadvantages
Discretion Granted to Management Team
Disputes
Element of Surprise
Enhance Bargaining Power of the Owner against Hold-up
equal number of Swedish and Danish members
Equalization of Contracts
Events of Relief
Exogenous Risk
Experience in managing contractors
Experienced Contractor
Extension of Affected Milestone Events
Extension of Time for Contractors
Extra Expenditures by Contractors
Fehmarn A/S fullly owned subsidiary of the Danish State
Fehmarn Fixed Link (FFL) budget: 5.5 billion Euros
Fehmarnbelt is a more complex, longer project
Financial Strength
Fitness for Purpose Clause
Fixed Price Contract with Liquidated Damages (per diem)
Force Majeure Clause
Framing Effects
Freedom and Discretion
Full per-diem loss of owner of project
Gains from Accelerated Construction Schedule
Handling of Claims to Promote Trust
High Risk Premiums
Implications in Price
Implications in Time
Important Organizational Changes
Inability to Find Causes of Delays
Inability to Micromanage
Incentives
Incentivize Contractors to Use Latest Technological Solutions
Informal Negotiations
Information on Previous 5 Years
Intelligent Subcontractors
International Arbitration
International Court of Arbitration
Joint Venture between Two Fully Owned State Companies
Liquidated Damages Tied to Milestones
loans from European Union
Major Investments
Monitoring and audits by Owners
mostly an American practice
No joint-venture (sole owner is Swedish Government)
No Monitoring via Camera (insurance Common Practice) to Protect Mutual Trust
Not Used at Bridge Project with Contractors, but Practiced at Subcontractor's Level
Owner Entitled to Royalty-free, Irrevocable License to All Patents and Intellectual Property
Owner Had the Right to Issue New Instructions to Contractor
Owner Significant Investment in Measuring Geology and Weather
Owner with Right to Terminate Contract after proper Warnings
Owner with Witness Points and Hold Points
Owners = Transportation Ministers
Owners Coaching and Helping Contractors to Foresee Problems Ahead
Owners Was Sent Copies of Contracts between Contractors and Subcontractors
Parent Companies Jointly and Severally Liable with Subsidiaries
Pre-qualification = Part of Bidding Process
problem with EU procurement rules
Procedure of Arbitrators Selection
Project Milestones
Provide Financial Cushion in a Worst Case Scenario
Public Pressure in Announcement of Opening
Purpose
Random Sampling
Reactive Vs. Proactive Activities of the Drb
Relationships between Contractors
Residential and Commercial Real State
Right to Issue "change Orders"
Right to Reject Terms of Contracts between Contractors and Subcontrators
Right to Take Control of Contractor's Equipment and Works
Risk of Defective Performance
Risks
Risks Ocurring with a Probability of 10% or Less Allocated by Owner
Rules for Decisions
Safeguards and Mitigation
Self-finanzing less than 30 Years
Self-monitoring
Self-testing
Set-off Liquidated Damages against Claims of Compensation from Contractors
Skepticism on Usefulness
System of Monitoring
Technical Difficulties
Technical Progress during Progression of Project
Tender Efficiency
Unforeseen Events
United Nations Commission on International Trade Law (UNCITRAL)
USD150K per day during summer months
USD30M to be distributed among contractors