Landscape and related environmental works are discussed as an integral and essential aspect of most land development projects, whether they are building or civil works, environmental protection, rehabilitation or landscape beautification. Problematic contractual issues that regularly arise in landscape contracting from the use of standard forms of construction contracts for pre-main contract, in-main contract and post-main contract landscape work are identified and discussed. These forms of contracts have essentially been written for traditional building and engineering works and are shown to be inadequately addressing the unique contractual aspects relating to landscaping works. The study focuses on the issues to be addressed in a contract between an employer and a landscape contractor for work to be undertaken before the main construction contractor has been appointed and on landscape subcontract work undertaken during the construction under the main contract. It addresses the problems surrounding the contractual practical termination of the landscape subcontract, the defects liability period and interim landscape maintenance as well as landscape maintenance work after the landscape installation has reached final completion. The study points towards an appropriate form of contract for use in conjunction with the JBCC contract system to provide for the particular requirements of landscape contracting. It indicates the necessary compatibility between landscape subcontractual requirements and the JBCC Nominated/Selected Subcontract Agreement. This required compatibility warrants a revision of or an addendum to the JBCC document. The requirements for a landscape maintenance contract, for use after termination of the landscape installation (sub)contract, are shown to be sufficiently different from the installation contract to warrant changes or addenda to the standard construction contract form. From a review of literature on the landscape contractual environment in South Africa and a study of contracts commonly used in South Africa, pertinent landscape contractual issues are identified for the three phases in which landscape and related environmental works are performed, i.e. before the main construction contract, during the main construction contract and during the landscape maintenance period after completion of the main contract. These issues are formalised and tested for validity and relevance by means of a survey conducted amongst developers and owners of building and engineering works, contractors and professional consultants. The research is summarised, findings and conclusions for each of the three landscape works phases are presented and recommendations made to address the confirmed contractual problematic issues. The survey confirms the JBCC suite of contracts as the most widely used for landscaping contracts in South Africa and the recommendations therefore focus thereon. The study concludes with a proposal for an addendum to the JBCC’s Nominated/Selected Subcontract Agreement entitled “General and specific conditions of subcontract for landscape and related works” and recommendations for further study of related issues identified in the survey but which fall outside the focus of this study. / Thesis (PhD)--University of Pretoria, 2010. / Architecture / unrestricted

Additional works in a building contract Abstract The presented thesis deals with the issue of additional works within the building contract, which are one of the most common causes of disputes between the contractor and the client. Its aim is to comprehensively present the issue of additional works, especially to define the term of additional works, to analyze their impact on the subject of the work, the time for completion and the price of the work. Last but not least, to analyze the legal regulation of additional works in the FIDIC contractual conditions. In the first, general, part of the thesis, attention is focused on the definition of the term of additional works, i.e. works that are performed in addition, beyond the original building contract and to distinguish them from changes of the work. Furthermore, the distinction of individual types of additional works or the causes of their origin, which can include, for example, the requirements of the client, the contractor's actions, defects in project documentation or unpredictable conditions of the building site. The second, special, part of the thesis is focused on partial controversial issues related to additional works. In particular, it is a question of amending the contract and the related issue of the invalidity of the amendment to the contract or...

Public procurement is often regarded as rigid, which is why competitive dialogue was implemented. It was also believed to give rise to technical innovations and to create beneficial buying conditions for the public sector. However, many people are sceptic of it, arguing that it does not meet the principles of equal treatment of suppliers and transparency. This thesis seeks to investigate the potential of competitive dialogue and to identify its main challenges. A study of Sweden’s first large infrastructure contract, the Kvarnholmen link, procured with competitive dialogue was therefore undertaken, as well as an extensive literature review. The results show that competitive dialogue is beneficial in several ways: It involves contractors at an early stage and encourages them to find the best solutions to the lowest price. The suppliers get to adapt their tenders to their competence and to take benefit from it. This is a model that seems to have a great potential to improve both public procurement and urban planning.

The thesis engages in an assessment of financing the building contract from the view of a contractor. In the introduction of a theoretical part there is concisely characterized the meaning and current state of the construction market in the Czech Republic. Then there is a basic description of the characteristics of the building and construction market, followed by a description of the life cycle of construction contracts. Main attention on the theoretical part is paid to the possible ways of financing the building contract from the view of the constructor. The practical part of the thesis is divided into two examples. In the first example, an analysis of financing the building contract from the view of the constructor or construction company can be seen. Following the method of financing the business activity of the construction company is a financial analysis of its capital structure with subsequent evaluation of the results. The second example contains processing of progress financing of the building contract using a form of forfaiting, i.e. redemption of medium-term debt.

This thesis deals with the issue of subcontracting model of financial management and its impact on the economy of the construction enterprise. The aim of this work is to set up management of the building contract from the financial management of subcontracts with influence on the overall management of construction enterprise. The output of this work is a model that will point to the financial management of construction contracts regard to the management of construction enterprise.

Le secteur de la construction constitue un pan majeur de l'activité économique qui sous-tend une large part de la croissance au plan national. Partant de ce constat, il a semblé opportun de s'intéresser plus particulièrement aux marchés de travaux privés et plus précisément encore à la question du paiement. Au coeur des relations économiques, le paiement défini comme l'exécution d'une obligation porte en son sein la question fondamentale de sa sécurisation. Préoccupation légitime du créancier, on trouve sa pleine consécration et son traitement le plus abouti en droit civil dans le droit des sûretés qui occupe le livre IV du Code civil. Toutefois, dans les marchés privés de travaux, la sécurisation du paiement est rendue possible tant au stade de la formation du contrat par la détermination de son objet - le prix - qu'au stade de l'exécution grâce aux modalités de l'opération de paiement elle-même et à la fourniture de garanties. Appréhendant l'opération de paiement tant d'un point de vue pratique que théorique, l'objet de la présente thèse est de montrer que la sécurisation du paiement dans les marchés privés de travaux peut être envisagée tant au stade de la formation que celui de l'exécution du contrat. / The construction sector is a major pan of economic activity that underlies much of the growth nationally. With this in mind, it seemed appropriate to focus specifically on private works contracts and even more specifically to the issue of payment. At the heart of economic relations, payment defined as fullfilment of an obligation is asking the question of its security. In private works contracts, securing the payment is possible both during the formation of the contract by the determination of its purpose - the price - at the stage of execution thanks to the operation of arrangements payment itself and the provision of guarantees. Apprehending the payment transaction from both a practical and theoretical, the subject of this thesis is to show that the security of payment in private building contracts can be considered both during training than the contract.