ADVICE NOTE

Advice Note

ADVISORY NOTE: DIFFERENT OBLIGATIONS CREATED BY PROCUREMENT CONTRACTS

Introduction

Statutory provisions create parameters for the construction of buildings. Common laws additionally set the distinct lawful view on commitments and contracts. In the construction of a substantial contract, it is necessary for some key elements to be inherently presented. These components are the limit and approval of the contracting parties, a legitimate matter and valuable deliberation thereto. Such components and due deliberation for the manifestation of contracts were accentuated by Russel Welsh and Paul Roberts in their work entitled UK not Aussie Rules (Welsh, 2011, pp. 12-13). Regrettably, lawful perspectives apply few amendments to the procedure of procurement and the construction of buildings. This exhibits various tests to those in legitimate practice as it becomes essential to resolve the lawful views with that of aforementioned practice of procurement. These confrontations are the core issues of this advisory note for legal practitioners to be able to regulate to their role as contract administrators.

Discussion

Do You Have the X Factor by Nicholas Johnson

Even with adequate knowledge, the practice of being a contract administrator necessitates adequate documentation. It is imperative to document every stage of the process as it substantiates good decision making. This is why Nicholas Johnson, in his article entitled Do You Have the X Factor, posits that quantity surveyors would make good contract administrators. This is in stark contrast to the mainstream idea of a contract administrator which would necessitate a working knowledge of the law on obligations and contracts. Johnson explains that because the quantity surveyor has the necessary knowledge and skill to be able to explain the costs to the employer as well as to make the construction project stay on budget, this would facilitate better decision making on the contract (Johnson, 2011, p. 6).

Mind Your Fingers by Laurence Cobb

By now, it should be clear to those in the practice of the law that the role of a contract administrator can be broad and all encompassing. It is reasonable to expect that not all of the tasks which the contract administrator must undertake come within the ambit of an ordinary legal practitioner's expertise. Thus, this advisory note encourages prudence among practitioners who will be appointed as contract administrators to seek out the guidance of experts. Such experts are better equipped to take on non legal tasks related to contract administration such as surveying and inspection. This prudence is emphasized by the work of Laurence Cobb entitled Mind Your Fingers which cited the case of West Faulkner Associates v Newham (1995) 11 Const. L.J. 157 to illustrate the importance of the decision making duty of the contract administrator. In this particular case, a determination provision in a contract was construed so abysmally to appal the court. The provision in the case concerned matters of architecture which was clearly beyond the expertise of the contract administrator. Thus, in practice, contract administrators should act prudently to avoid liability (Cobb, 2011).

According to Cobb, such prudence ought to be coupled with fairness as he cited Scheldebouw ...