责任风险和风险评估管理-高速公路项目.ppt

Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,HIGHWAY PROJECT L,IABILITY RISK AND EXPOSURE MANAGEMENT,Presentation Outline,Liability Terminology,Risks due to Project Scope and Project Management,Risks in Design-Build Projects,Contract Liability Limits,Claims Classification,Claims Administration,Lessons Learned for Claim Resolution,LIABILITY TERMINOLOGY,Liability Terminology in This Presentation,Liability:Contractors responsibility for damages caused by actions done by Client,third parties,or nature.,So we are not talking about contractors contractual responsibilities for project execution.,But we are talking about situations where Contractor is called to be liable while he should not be.,Liability Risk:Probable and potential situations(events)leading to Contractors liability,Liability Exposure:Amount of loss caused to Contractor due to a liability(situation),Liability Risk Management,Define Contract limits(all parties responsibilities and rights),Minimize Contractors liability risks (delays,disruptions,prolongations,and additional costs),Reduce Contractors liability exposure(late completion and additional costs),Claim for Extension Of Time(EOT)and Additional Costs,Dispute Client claims,Dispute sub-contractors claims,File insurance claims,Project Risks,Client and Contractor,Completion Risk,Delay in completion,Delay in Client revenue operation,Project cost overrun in completion,Financing Risk,Revenue Risk,Political Risk,Force Majeure Risk,Partnering Risk,RISKS DUE TOPROJECT SCOPE and PROJECT MANAGEMENT,PROJECT SCOPE,40-month project started in September 2006,528 km of toll road,More than 950 bridges including overpasses,underpasses,junctions,and elevated bridges,2 Tunnels,132x10,6,m,3,of earthworks,Region,No.Of Segments,Application Contracts,Design Teams,Construction Teams,Center,7,(M1 to M7),3,3,4,West,9,(W1 to W9),3,3,5,Project Execution Arrangement,Project Management Characteristics,A design-build project,Fast Track,Alignment is partly pre-defined.,Client is DPN representing the Algerian Governments Ministry of Public Works.,There are also 10 Willayas with their own governing bodies and authorities.,Project Management Characteristics,Not to exclude other Algerian ministries involved due to:,Infrastructures impacts,Work force requirement,Materials inquiry,Importing,Land acquisition,Environment impacts,Security needs,Liability coverage,Contract RequirementsContractor is responsible for Final Design and the Contract:,Requires the Constructed works to be of“best Quality”,Sets out the Clients design review process and defines responsibilities of the Contractors External Control Team,Provides a schematic Quality Plan,Has Special Technical Specifications but does not define detailed design specifications,Provides for some segments the Clients Geometric Design Drawings,Contractor Organization,The,Client,Organization,Client Management,Ideal,Client attitude,Government,Contract,Management,Target and cost oriented,Ideal&Governmental,Fraud/corruption prevention,Oriented.,Public welfare is primary concern,Design,Approval,“,SONO”by DPN.,Contractor takes the main Responsibility,Ideal,“,Approval”by Government.,Government share responsibility.,Fast,Tracking,Construction is allowed under conditions if Design,does not get“SONO”,Governmental,Construction is not allowed if design is not yet approved,Defect or Deviation,Negotiation/prompt,solution,Hopefully more ideal&less Governmental,Identify responsibility.,Lengthy procedure.,Hesitate to make decisions.,It is public servants attitude.,The Client Management,DPN is a newly formed organization within the Ministry of Public Works.,DPN has no design-build management experience and practice for major transportation projects.,Beside Governmental and Political obligations,DPN has no other incentive.,RISKS in DESIGN-BUILD PROJECTS,Design-Build Contract,Main part of the risk is with the JV.,A lump-sum-price or unit-rates-based-price contract,Construction expertise incorporated during design phase leading to constructible designs,Contractor in control and Work on Site can start earlier than more traditional procurement routes,Expectation to deliver on time and within budget,Client instructed changes likely to incur high cost and negative affects to the time for completion,3 Rs of Design-Build Projects,Risks,Responsibilities,Relationships,Design-Build Projects,Risk-Sharing,Full Risk,Cost of design,Design liability,Changes in subcontractor prices,Delays,Shared Risk/No Risk,Alignment design,Risk of obtaining permits,Right-of-Way acquisition,Utility relocations,Quantity growth,Security,Differing site conditions,Changes in governmental law,Hazardous waste,Environmental approvals,Design-Build Projects,Responsibilities,Design coordination,Constructability reviews,Design QC/QA,Construction QC/QADesign services during construction,Defects correction after construction,Design-Build Projects,Relationships,Contract,Co-Location of Contractor/Designer/Client,Client/Contractor,Contractor/Designer,Partnering,CONTRACT LIABILITY LIMITS,(Main Items),Governing Law,Conventions A1,The Contract shall be governed by and construed in all respects according to,effective laws and legislations in,Host Country,being in force at the time of tender,.,CCAP A75,All provisions in the Contract which are against the laws and regulations in Algeria shall be deemed as ineffective.,Civil law(,Order 75-58,26 September 1975),Civil litigation law(,Order 66-154,8 June 1966),Public contracts regulations(,Decree 02-250,24 July 2002),Commercial law(,Order 75-59,26 September 1975),Bidding regulations(Order 03-03,19 July 2003),Insurance law(Order 95-07,25 January 1995),Tax laws(Order 2000-06,23 December 2000),Invoice preparation regulations(Decree 95-305,7 October 1995),CCAG for public contracts(21 November 1964),Material quarrying regulations,Labor and foreign workers laws,Environmental regulations,Custom laws,Security laws,Contract Ceiling Price,Conventions A15 West and Center Contracts have ceiling prices,not including,:,Price adjustment due to inflation,Additional costs for claims related to:,Delays for approving APS and APD of Category III,Land acquisition and utilities relocation,Getting permits,Delays for importing goods,Supplemented works,Late Completion Penalty,Conventions A8 The Contract duration of,40,months(started from September 2006)is for Application Contracts No.1,2,and 3.,CCAP A50.1 Late handover,Penalties,are applied according to the Contract Schedule without any prior notification.,Note:,No liquidated damages,charge for late completion.,Conventions A27 implies same penalties.,Contract Prolongation,Conventions A8.2 If,any reason,attributed to Client or to anybody assigned or hired by him indirectly or directly causes Contractor,delay,in planned execution,the Contract period should be rationally,prolonged for time agreed by the both parties,.,The,additional cost,to Contractor due to this delay should be compensated by Client.,Delays Resolution,CCAP A49.3 When Resident Engineer(RE)assesses that the actual work progress is delayed even with contractor accelerating measures,he shall require a catch-up plan for delays.,Should Contractor fail to provide a satisfactory plan within 10 days,RE may disapprove the temporary bill of the very month until a satisfactory plan is provided.RE may suggest to Client to apply delay penalties.,Product Quality,CCAP A7 Construction quality shall at no time be reduced under the condition that the construction schedule and speed are warranted.The guarantee of construction quality shall be absolute.,CCAP A14 Contractor shall be the only party responsible for construction quality.,APD Documents,CCAP A19.1 The detail preliminary design(APD)provided to the Contractor by the Client shall,not relieve the Contactor of any responsibility,.Contractor shall not shift his responsibilities on the pretext of certain mistakes and omissions in the drawings.,Force Majeure,CCAP A55.1&Conventions A39 Force Majeure shall mainly mean:,Wars,Invasions,hostile actions,mobilization,confiscation,All results of a nuclear event,Serious anarchy in public order,CCAP A55.1 Even in case of Force Majeure,the entire or partial losses of Contractors,equipments shall not be reimbursed,since the insurance charges for the said equipments are already included in the contract prices.,CCAP A55.2 Prolongation of construction period,In case of Force Majeure affirmed by both parties,they shall negotiate on the,prolongation,of the construction period.,Conventions A39 requires the same.,Excepted Risks,Conventions A12.1 If damages or losses occur due to following risks,Contractor should immediately inform Client and rectify the damages if Client requires.Contractor is entitled to prolongation and to compensation for additional costs.,War,invasion,Revolution,military coup,civil war,Riots,Explosives,radioactivity,Supersonic pressure wave,Use or occupation of a part or whole of a work,tunnel,bridge structure by the Client without agreement of both parties,Design of all parts of a work by Client,Natural disasters,Severe Weather,CCAP A56:Severe Weather Prolongation of Construction Period,The predictable severe weather each year is specified to 20 days.,Flood,severe rainfall,and strong winds are mentioned in the contract for specific works in addition to other natural phenomena.,The prolongation is determined based on the spread of severe weather impact.,Insurance,CCAP A28 Contractor provides:,Transport insurance for imported goods,Third party civil liability insurance,Occupational accident injury insurance,Insurance for site works before commencement,CCAP A28.6 Should Contractor fail to sign or maintain insurance,Client shall sign or maintain insurance and the relative expenses shall be deducted from construction bills.,Conventions A12.2 requires similar insurances.,Defects Liability,CCAP A27 Per RE instruction,Contractor shall replace the,products not conforming,to the requirements of CCTP,drawings,and work instructions.The instruction shall set a delay of execution.,CCAP A69.1 The duration of the,defects liability period,shall be one year and counted from the provisional completion acceptance.,CCAP A64,Performance Guarantee,Contractor submitted a performance guarantee equal to 10%of the total value of the Contract.,This guarantee shall be transformed to quality guarantee after provisional completion acceptance.,Other Liability Risks,Security,Late payments,Price adjustments,Damages to:,Environment,Nearby structures and residents,Other projects,Utilities,Roads and railroads,Lab Tests,Subcontracting,Night works,Labor disputes,Materials quarry,Archaeological findings,Confidentiality,Patents,Financing,CCAP A67 Contract Mortgage,This Application Contract shall be mortgageable.The accounting service in charge of payment shall be Banque Algrienne de Dveloppement.,Termination,CCAP A71.1 Each Party is entitled to partially or completely dissolve the Contract under the Case of Force Majeure when suspension exceeds 180 days or the nature of Force Majeure leads to termination.,CCAP A71.2 Termination in Case of Contractors faults,Subcontracting of works without Client prior approval,Bankruptcy or legal liquidation,Death of Contractor,Failure to mitigate defects within the given time limit,Settlement of Disputes,CCAP A72 Should the two parties fail to settle the dispute with friendly negotiation or the verdict made by National Contract Committee are not accepted by the Contractor,the dispute shall be submitted to an arbitration court.,Conventions A48 The governing law is Algeria law.,CLAIMS CLASSIFICATION,Claim Natures,An,EOT claim,should be filed for an event affecting the substantial completion of the whole of the Works or Section.,An,Additional Cost claim,should be filed whenever an event causes cost including,all expenditure,including design costs,wholly and necessarily incurred,whether on or off the Site,overheads,depreciation in Contractors Equipment,finance costs and other charges properly allocable thereto,but does not include any allowance for profit.,Claims Classification,Based on Claim Nature:,EOT(Extension Of Time),Additional Cost,Both(EOT and Cost),Based on Application Contracts:,Application Contract No.1,Application Contract No.2,Application Contract No.3,Claims Classification,Based on Section and Subsections:,Center or West,M1 through M7,W1 through W9,Based on Execution Stage:,Design,Planning,survey,and preparation,Construction execution,Provisional completion,Defects discovery and correction,Substantial completion,Claims Classification,Based on Project Works:,Roadways,Earthworks,Bridges(overpasses,underpasses,junctions,and elevated bridges),Tunnels,Retaining walls,Drainage,Signaling,Parapets and barriers,Landscaping,and more,Claims Classification,Based on Claim Status:,New,Continuing,Filed not resolved,Resolved,Withdrawn,Status of Particulars,Not provided,Guesstimate,Detailed,Claims Classification,Based on Claim Amount:,Minor,With claim value less than one million Dinars,Or for delay of less than 1 week for a major work or task,Or delay for a minor work or task,Major,With claim value greater than one million Dinars,Or for delay of more than 1 week for a major work or task,Notes:(1)Claim value and delay are guesstimated for issuing a claim notice.,(2)A major work or task has a value of greater than 1%of total price of construction contract for a given section(M1,M2 or W1,W2).,Claims Classification,Based on Entitlement:,Low(less than 25%),Moderate(between 25%and 75%),High(more than 75%),Notes:(1)Entitlement represents the Contractors contractual right without prejudice.,(2)Entitlement is guesstimated by the claims managers at Site,West/Center HO,and JV which could be different values.,Claims ClassificationPrice Centers,Claims Classification,Based on Claim Headings:,Delays for approving APS and APD,Land acquisition,Utilities relocation,Getting permits and authorizations,Delays for importing goods and equipments,Supplemented works,Changes in works,Unforeseen site conditions,Claims Classification,Claim Headings:,Excepted risks,Force Majeure,Severe weather,Mobilizing foreign workers,Insurance claims,Defects liability,Security,Claims Classification,Claim Headings:,Late payments,Price adjustments,Environmental Damages,Damages to nearby structures,Damages to residents,Damages to other projects,Damages to utilities,Damages to roads and railroads,Claims Classification,Claim Headings:,Lab Tests,Subcontracting,Night works,Labor disputes,Materials quarry,Archaeological findings,Confidentiality,Patents,Claims Classification,Claim Nature,Application contract,Subsection,Execution stage,Project Work,Claim Status,Claim Amount,Entitlement,Price Center heading,Cla