The construction industry development in Vietnam suddenly improved when it becomes a member of World Trade Organization (WTO). Vietnam impressed foreign investors who come to find the opportunities to invest in construction market. In recent years, a number of the investment in commercial construction building has increasing. Majority of foreign investors invest with projects such as office building, commercial center, apartment and commercial center building, hotel, resort with commercial services etc. These projects have gaining a large amount of GDP bringing benefit for economic growth.
Commercial building projects are especially time sensitive. Due to high construction costs and tight deadlines, they require state-of-the-art analysis and design, innovative thinking, quick turnaround, and quality service. Owners and contractors must have a good contract which can contain activities such as change control and contract maintenance, cost monitoring and charges, payment procedures and ordering, management reporting. The critical of contract administration for the contract’s success, and for the provider and customer relationship, could not be underestimated.
Following Patil, causes of delay in completion of projects include:
• Failure to handover full possession of the site within a reasonable time from the date of commencement.
• Failure to supply full and complete set of working drawings, designs, decisions etc., at the commencement of the work or as and when necessary. In some projects the delay is on account of late approved by the engineer to the Engineer to the working drawings, where the same are required to be prepared by the contractor.
• Failure to supply materials and/or power agreed to be supplied by the employer to the contractors as and when needed or demanded.
• Failure to organize and get done the work to be executed by other agencies so as not to hinder the main contractor’s program.
• Failure to pay at proper time the mobilization advance, the running account bills, cost of extra items and also failure to release requisite exchange, etc.
Therefore, weakness of capacity from owner side in managing construction contract lead to project cost overrun compared with estimated cost. It might rise from the shortcoming of preparing of project inception such as:
• Poor project scope definition and control.
• Design changes from client.
• Inadequate preparing for bill of quantity (BoQ)
• Various construction contract types
• Change orders in construction phase
Mr. Nguyen Xuan Phong wanted to find out usual and specific problems which affect directly to contract management on all phase of the entire of project. He conducted a survey to client contract managers to identify successes and fail factors and how these factors affect to project cost and project cost control, then, giving the comment to help clients control the contract to minimize cost overrun in commercial building project. His study objectives were to: (1) investigate the contract administration which can be used by project client to manage commercial project in Vietnam; (2) investigate the existing practices of project client in Vietnam in managing contract; and (3) propose recommendations and develop a process of contract administration by using multi-case study method.
Conclusions
The results of this study are discussed in three main catalogues.
1. Investigate the Owner’s contract administration
Six projects are determined under the applying of multi-case analysis in qualitative methodology and they are gathered into two cases groups. Once, DB cases group reveals the trend of the investor in commercial building in Vietnam when choosing delivery method is employing fast-tracked method for time saving and sooner operate the constructed building. Once, current practices of DBB cases group emphases the weakness of project time scale. For instance, in the life cycle of tender phase it takes time if there were no bidder selected.
Almost cases reveal a usual attitude of the owner when choosing the out sources of contract administration which prove that the need of a contract administration process is highly emphasis. It is able to apply the process whether the owner have or have no in-house staffs of contract administration
2. Commons and specifics activities in existing practical
The existing practical are investigated in effort of attempting to find the commons activities and specific activities by examining the critical problems occurred during all the phases of project.
3. Process of contract administration
Common activities are collected by the selected answers in the papers of multi-choice questionnaire and including verbal interview. A development of construction process between DB and DBB delivery is summarized which will be the fundamental to develop a contract administration process for these kinds of project delivery. Table below contains the full activities for individual stage of project from concept to close-out. It distributes an improvement to the system control capability, reducing cost overrun and project delay, examining potential cost benefit saving.
Recommendation
In area of construction project, to prevent the project from cost overrun and delay and smoothly implement construction activities regarding continue phases within budget and scheduled time contract management engineer need to be aware of construction phases in detail and having their own requirement. Nevertheless, the phases of construction project should be adopted appropriate with contract administration progress. Thus, author develops a process of construction project, purpose a progress of contract administration for DB and DBB projects comprise with other forms of check-list that mentioned on the chapter 2 and on the discussed cases.
His thesis abstract is copied and posted.
Abstract
For construction project, contract is the most important to every project’s participation such as owner, constructor, vendor, and supplier. Therefore, the appropriate contract administration for contract management is vitally important to determine the practical of any construction project. In decade of construction industry, the traditional delivery known as design-bid-build and design-build delivery is widely using in commercial building projects. According to construction industry development, nature of construction project are increase in size and becoming more complex that led to number of shortcoming in management system. Thus, this study conducts to assist the project owner understanding and implementing contract administration in Vietnam.
The study conducts to analysis cases on implementing the design-bid-build and design-build of commercial building projects which are highly increasing on demand of trading services market, domestic and foreign investments in Vietnam by using multi-cases study methodology. The objectives are emphasized on how the owner’s organization interact with the efforts of contractor, implementation of contract administration process, critical problems and their responds during phases of construction project. Data were collected through personal interview from project manager department and contract management members; it included contract documents, relevant reports of these cases.
The study finding covers the lack of contract administration capability in the owner organization to manage the contract. The commons of existing practical are determined as well as problems occurred on practices with specific activities of contract administration of each case. Assisting the owner to overcome the worsening situation, it is recommended that a detailed process of contract administration should be developed that investigate the contract management of each project.
Key words: Construction Contract Administration, Design-Build, Design-Bid-Build, Construction Phases, Project Delivery, Project Owner.