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Week 10 Topic: Contractual Arrangements in Commercial Projects.

Case Study for the Chunnel Project;

Australia National Audit Office (2012) Developing and Managing Contracts - Getting the right outcome, achieving value for money;

HB 140-2000 Administration manual for AS 4000-1997 General conditions of contract;

Kerzner (2013) Chapter 19 Contract Management;

Law handbook;

Wikipedia Australian Contract Law;

PMBOK (2013) Chapter 12 Project Procurement Management;

Procurement Rules 

- Australian;

- Victorian;

- WA;

- NSW;

- QLD;

- USA.

Guardian News article 7th April 2004 Deep in debt.

The spectrum of contractual arrangements shows the forms of public-private partnerships that define a typical contract. It outlines the responsibilities of the parties involved and allocates the risks. Australian National Audit Office (2012) defines a contract as an agreement between parties. For such contracts to be legally binding, it is important for them to have an offer and acceptance, the price paid, intention to establish the agreement, and the legal capacity to fast-track the contract. This implies that contracts are based on an individual’s free will leading consent or understanding (PMBOK 2013). However, any duress, unconscionable dealings, undue influence, or false statement can render a contract void.

The public-private partnership was the contract type applied in the construction of Channel Tunnel. The concession contract defined the original contract in which the Eurotunnel was expected to undertake the work. However, this contract was affected by various challenges, such as poor scope planning and initiation (PMBOK 2013). For instance, the government allowed the intention to be determined in the competition phase leading to poor coordination and unpredictability. As part of the public-private agreement, the funding of the project was a responsibility of the private organization. Financing such projects without loan guarantees and government aid was a mistake. The contracting process should undergo the legal process to make it valid. An individual needs to train on the HB 140-2000 as the standard of contracting processes. Private and public companies have strived to comply with the HB 140-2000 standards. However, with limited resources, the companies seek a partnership to meet the project targets.

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