Industrial Engineering Projects
Industrial Engineering Projects
Projects
Practice and Procedures for Capital Projects in
the Engineering, Manufacturing and Process
.Industries
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Foreword xiii
r'
1 Introduction
1.1 Owner involvement
1.2 Complexity
1.3 Management
1.4 Information control and reporting
1.5 Time
1.6 Safety, quality and environmental issues
1.7 Estimating and risk
1.8 Cost control and reduction
1.9 Terminology
1.10 Non-standard documentation
1 1.11 Conclusion
b
2 Management of engineering projects
2.1 Introduction
2.2 Project manager
2.3 Project organization
2.4 Outside influences
2.5 Corporate and co-venturer's requirements
2.6 Project execution plan (quality plan)
2.7 Project stages
2.8 Construction
2.9 Initial operations
2.10 Project risk analysis and management
2.11 Safety, environment and quality assurance
2.12 Latham and CRINE
2.13 Insurance
1 Bibliography
3 Estimating
3.1 Introduction
3.2 Initial actions
3.3 Estimating accuracy
3.4 Stages in estimate preparation
3.5 Estimate types
3.6 Hierarchical composite rates
I
I contents
3.7 Man-hour norms
3.8 Escalation, exchange rates and financing charges
3.9 Contingency allowance
3.10 Risk analysis and evaluation
3.11 Estimate content
3.12 Interfaces
3.13 Monitoring change
3.14 Control by estimate
3.15 Continued use of estimate
3.16 Coding and control
3.17 Estimate presentation
Bibliography
4 Value management
4.1 Introduction
4.2 Definition of value
4.3 VM definitions
4.4 Timing of studies
4.5 Value management methodology and job plan
4.6 Conclusion
5 Project services
5.1 Introduction
6 Quality assurance
6.1 Introduction
6.2 Quality assurance
6.3 Total quality management
6.4 The standards
6.5 The systems
6.6 Procedures
6.7 Team quality
6.8 Subcontractor and supplier quality
6.9 Quality improvement
6.1 0 The way forward
Bibliography
7 The contract
7.1 Introduction
7.2 Types of contract
7.3 Forms of contract
7.4 Terms and conditions
7.5 Definitions and interpretations
7.6 Scope of work
1 Contents
Responsibilities
Law and statute
Damage, injury and insurance
Subcontracting
Time
Variations
Payment
Testing, take-over and liability for defects
Default and remedies
Suspension and termination
Resolution of disputes
Supplementary and special conditions
9 Contractor/subcontractorselection
9.1 Introduction
9.2 Selection strategy
9.3 Establishing selection criteria
9.4 Pre-qualification
9.5 Evaluation criteria
9.6 Shortlisting
9.7 Examination of company reports and accounts
9.8 Pre-qualification interviews
Contents
(Fi
9.9 Contracting strategy
9.10 Tendering process
9.1 1 Types of tender
9.12 EC directives
9.13 Receipt and analysis of tender
9.14 Finalization of contract documents
9.15 Conclusion
11 Operational maintenance
11.1 Introduction
11.2 Planning
11.3 Estimating and budgeting
11.4 Contracting strategies
11.5 Control of costs
11.6 Contractslfinancial audits
1 Contents
12.6 Maintenance of safety records on site 264
12.7 Statutory approvals for capital projects 264
12.8 Conclusion 267
Index 295
Preface
together with
and
We would like to express our thanks on behalf of the Councils of the two spon-
soring bodies to all those who have contributed so much of their time and effort
in the production of this first edition and for the support of their companies.
1.2 COMPLEXITY
Many engineering projects are by their very nature complex and include
unique designs or processes. Owners demand the most modern tech-
nologies either to produce a new product or to ensure cost-effective
production, etc. and frequently require the finished product in a short
development period. This necessitates parallel working between the design
and construction phases and the need for multi-contractor construction
sites, with a consequent potential for delay, disruption and associated extra
costs.
The design of a plant as a whole may incorporate designs provided by
various specialist suppliers, who cannot design their component in isola-
Management 17
1
tion from the main design, but whose design is required by that main
design. The resulting iterative procedure requires close control and exped-
iting of information that flows between the various parties, in order that all
the various designers, specialist suppliers and construction contractors
work from the most up-to-date information at all times.
The time required to manufacture some items of sophisticated equip-
ment may require that they are ordered ahead of any contract being
tendered for their installation. Furthermore, bulk materials, e.g. pipe,
valves, electrical and instrumentation cables, etc., may be purchased by the
owner or the owner's managing contractor for reasons of compatibility or
buying power. This gives rise to construction contracts where some or most
of the materials are provided as 'free issue' to the contractor, which
requires controls to be introduced into the manner in which those materials
are purchased, issued and used.
On large projects, it is unlikely that any one main contractor will have
all the necessary skills and resources needed to fabricate and construct the
entire project. The result is the need to coordinate site access, availability
of design and the free issue of materials and equipment, with the parallel or
sequential working of a number of major construction contractors, sub-
contractors and equipment manufacturers.
Following construction, the plant will be pre-commissioned and finally
commissioned and test run to verify the plant's performance. Some of this
work may be undertaken by the owner, some by the management contrac-
tor and some by the construction contractors, subcontractors or equipment
suppliers.
The impact of design complexity, the coordination of the design, pro-
curement and construction activities and parallel working, is a major
management function which highlights the need for tight control in terms
of cost, time and information.
1.3 MANAGEMENT
When approval is given for a major project to proceed, many people are
employed for months or years and many millions of pounds (or dollars,
dinars, etc.) are expended.
The success of such a project rarely depends on a single individual.
However, one single inadequate person at a sufficient level of influence can
bring failure, overspend or delay (often all three).
The very term 'project manager' leads to a misunderstanding of the role
of managers, and indeed it encourages the belief that projects can be 'man-
aged' by an individual, whereas they can only be run by a team. The
project manager is the leader of the team and as such must have adequate
knowledge of the engineering issues, safety regulations and the law as it
relates to the project, together with lots of common sense, the skills of a
diplomat, an ability to face unpleasant issues quickly and enough respect
from the team to get maximum effort and cooperation from them at all
times.
181 Introduction
1.4 INFORMATION CONTROL AND REPORTING
1.5 TIME
Many engineering projects are of high capital value, and are possibly car-
ried out in remote locations; many use processes at the limits of current
technology, and many are unique or sufficiently dissimilar to each other to
make it difficult to use a standard, high-level, cost database.
As a result estimates are required to be produced to a far greater degree
of detail than in other construction industries in order for them to be suffi-
ciently flexible to meet the demands of each unique environment and to
enable the project manager to identify, analyse and closely manage the sig-
nificant risks involved through the project period.
Large projects have special features which make them different and,
when things go wrong, more expensive. Reasons can vary but include the
following:
The management of major projects is often undertaken by bespoke
teams of specialists brought together for that one project and dis-
banded, after completion, with subsequent loss of team relationships
and experience of working together.
Unique items of plant may be ordered months, sometimes years
before installation. Any mistakes or delays in the provision of this
plant cannot be resolved by a trip to the local builders' merchant to
purchase additional quantities or a replacement.
The requirement to employ large numbers of specialist fitters,
welders, etc. can deplete the resources of the locality, necessitating
the investigation of the various options for off-site fabrication, impor-
tation of labour, etc.
Separate disciplines and specialist suppliers may be designing their
contributions in isolation, hence the possibility of error or change
increases unless good coordination is practised.
Engineering projects are site-specific, bespoke products and some-
times incorporate untried technology.
This list may have the effect of putting most of the contractors and team
members, however experienced, on a 'learning curve' at all stages of the
project.
Although there will always be a drive to improve management and pro-
ject controls, the significant risks associated with engineering projects
cannot be totally eradicated. It is widely recognized in the engineering
industry that risk estimating techniques are essential and powerful tools,
particularly during the early phases of a project. They are therefore used to
aid the understanding of the risks and to identify areas where management
attention is most needed to mitigate their effects.
I Cost control and reduction I( 11 (
The risks mainly arise from the complexity of the plant, the remote
nature of the typical site, the urgency with which the plant is required to be
completed and the areas of new and untried technology, all of which will
test the most experienced estimator.
Although the aim should always be to improve performance and use 'fit
for the purpose' designs and specifications, the decision to reduce cost by
reducing specification has to be taken against the background of a realistic
estimate which includes a proper consideration and evaluation of the pro-
ject risks. To realize late in a project that features that were part of the
original brief but omitted to reduce cost, could have been accommodated
within the original budget will not endear the estimator to colleagues or
employer.
The reality of a project will mean that unless effective cost control is exer-
cised costs will escalate and the efforts of the most experienced of
estimators using the very best of information will be wasted.
Control is not the passive role of merely monitoring and accounting for
cost, nor is it limited to the cost of material and construction. Cost control
is an active role, which commences on day one of the project, with the con-
trol of management and design, and it continues through procurement of
materials and construction of the plant, to completion and settlement of all
accounts. Cost control is undertaken by cost engineers whose function is to
ensure that the work is undertaken in the most cost-effective manner, by
seeking economic solutions, monitoring expenditure, analysing perfor-
mance, identifying problem areas and recommending preventive or
remedial action. The position of cost engineer may be filled by one who is
by profession a cost engineer or quantity surveyor; however the term quan-
tity surveyor is not widely used in the engineering industries.
Company costs can be reduced by various means including elimination
of waste, removal of unnecessary requirements or by increased efficiency.
Costs can also be reduced by reducing capability or specification, but
whether this constitutes a 'saving' may be a matter of opinion since the
owner is receiving less for his money.
Waste to be eliminated includes poor performance, lack of coordination
and change for its own sake, all of which causes disrupted working and
delay. The use of non-standard items, be they items of equipment, contract
documentation, procedures or certification requirements, rather than an 'off
the shelf' fit for the purpose, again incurs unnecessary additional cost or risk.
The CRINE (Cost Reduction Initiative for the New Era) report high-
lights many of these features in connection with the offshore oil and gas
industries and emphasizes the savings that it considers could be enjoyed if
the traditional confrontational forms of contract were replaced by a cooper-
ative relationship between contracting parties.
Time will tell whether the objectives of the report and the Latham Report
into the UK construction industry can be translated into the savings
( Introduction
Figure 1.2 Potential for making savings and incurring additional costs during the
life of a project
demanded and whether similar initiatives are equally valid in other con-
struction environments.
It is sometimes necessary to challenge whether something perceived as
essential to a project is in fact necessary. The removal of unnecessary con-
tent, or overspecification, from a project is a genuine saving and the use of
the techniques of value engineering described in Chapter 4 challenges
every aspect of a project and the components within that project. Value
engineering is a technique which requires a systematic review of each ele-
ment of the project and of every item of equipment within the project,
questioning purpose and cost in order to identify savings.
Figure 1.2 shows that while the ability to make savings reduces as the
project progresses, the effect of change and delay increases. This clearly
demonstrates that to obtain best effect any cost saving reviews must be
started sufficiently early. It also demonstrates that, during this same early
period, management structures, controls and procedures must be estab-
lished to improve and maintain performance and avoid the cumulative
effects of change, delay, rework and disruption.
1.9 TERMINOLOGY
Even greater difficulties relate to the term 'project manager', which is used
in this book to describe the person in overall charge of the project. Some
owners use the term project manager, while others refer to 'the engineer',
as do some published standard conditions of contract.
To add to the confusion, some conditions of contract require both the
owner and contractor to appoint project managers, while others may appoint
a project manager to be in charge of the overall project, but use forms of
contract which refer to the person ultimately responsible for a contract as
being 'the engineer' or the 'owner representative'. Contractors and subcon-
tractors may in turn appoint a project manager for their parts of the whole.
In considering alternatives in general use it is therefore important to
consider not only the project as a whole but also the various contracts
placed within that project. The function of a particular person or document
should not be assumed without reference to a more precise definition pecu-
liar to that project.
1.11 CONCLUSION
The project manager must be able to motivate the various groups within a
work environment and to make personnel aware of and concerned with
achieving the overall project objectives and not simply those limited
responsibilities that fall within his sphere.
1 Management of engineering projects
2.3 PROJECT ORGANIZATION
The project manager will build and lead the project management organiza-
tion that acts as the focal point for the project and manages and oversees
the execution of the work. A strong effective project organization is critical
to the success of any large venture and the most efficient project organiza-
tion comprises a team of dedicated professional managers working
together from inception to completion of the project.
A strong organization is not necessarily a large organization as strength
can come from the close working relationship of a small, highly motivated
team. Owners have at times used large project management teams but it is
generally considered that such teams can be difficult to control and can
result in considerable 'opinion engineering' with resultant cost escalation
and lack of time control.
Many owners now wish to see smaller project management teams and
while many projects maintain relatively traditional organizational relation-
ships, the latest thinking is to form a single integrated team comprising
owner's and contractor's personnel chosen on a 'best for job' basis. This
approach aims to avoid the all too common adversarial approach to con-
tracting but clearly affects the contractual relationships between the
parties.
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Project services comprise those disciplines that are essential to the proper
control of time and cost of a project, including document control and mate-
rial control. This service may be provided by a project services contractor
whose scope will typically include those services shown in Figure 2.2. The
scope may also, in some cases, include contract management. This type of
organization is commonly used where an owner does not have sufficient, or
experienced resources to provide a full project team but nevertheless
wishes to retain direct control. The intention will be to construct an effec-
tive integrated project management team from the complementary
strengths of the owner's organization and that of the project services con-
tractor. Packages of design or construction work will be allocated as in
section 2.3.2. The project services contractor will be in direct contact with
suppliers, designers and construction contractors in connection with those
matters for which the project services contractor is responsible.
Health and
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2.3.10 Confidentiality
Industrial engineering projects invariably involve the manufacture of a
product to meet a market need and make a profit. The economics and
means of manufacture are therefore commercially sensitive and it is fre-
quently the case that contractors and subcontractors are required to sign
confidentiality agreements covering a broad range of information and doc-
umentation produced in connection with the project.
Such agreements may cover not only information provided by the owner
but also information produced or developed by the contractor, subcontrac-
tors and suppliers, on behalf of the owner.
project, significantly increases the cost of any required change and is the
principal cause of conflict between project and operations groups.
Operations groups typically have the following responsibilities:
to provide single point contact for the project team on all operational
issues including the effective operation of emergency services, etc.
and to ensure the effective transfer of such information to the project
team;
to consider all issues relating to the operation of the facility including
operability, maintainability and logistics;
to ensure timely input of operational experience and functional
requirements into the design, in order to provide facilities which mini-
mize safety hazards and operating breakdown and maintenance costs;
to provide guidance and resources on the testing and commissioning
of the plant;
to assist the project team in the performance of hazardous operations
analysis, quality audits and safety case reviews;
to provide information on the limitations and constraints from adja-
cent or interconnected plant operations;
to provide information on existing site conditions including under-
ground services, disused foundations, etc.;
to provide information on sensitive local issues of which the designer
or contractor may be unaware;
to identify requirements for the storage or warehousing of incoming
supplies, outgoing product or by-product, waste, etc.;
to develop and coordinate all necessary operation and maintenance
training and documentation;
to review and approve operations and maintenance manuals;
to consider any issues related to eventual decommissioning.
The project must gain an understanding of the influence and potential effect
of governmental and market conditions and of the environmental lobby;
these can all have a substantial impact on the success of a project. Additional
factors may be the impact on the project of other projects competing for local
resources, or product market competition, where being first with a new prod-
uct, or increasing production of an existing product, is all important.
The project team must obtain this understanding through discussions
with the groups involved and by gathering and analysing data on resources
and completed projects that provide an insight into future trends.
I Corporate requirements
Due to the sheer size of many engineering projects, the number of persons
involved and the variety of their contributions, the necessity for teamwork
has to be emphasized and an environment created in which an efficient
team can evolve.
The project execution plan is the pinnacle of the project quality system;
it states the broad requirements of the project and translates these into a
detailed and coherent strategy. In addition, it initiates other documents that
expand, implement or show the results of what is described in the exe.cu-
tion plan.
Project execution plans are produced by the project team to cover its
main activities. Similar plans will be produced by each major contractor
for their activities that will relate to the project execution plan prepared by
the project team.
Quality assurance is covered in more detail in Chapter 6 on quality
assurance.
Once the nature of the various contract work packages has been decided
the type of contract will be reviewed.
The type of contract and the manner in which the contractor is to be paid
depends on the nature of the work and on the status and availability of
design and materials at enquiry, at award and during the construction
period - can a lump sum be requested or will the likelihood of interference
(change, delay disruption, etc.) from other parallel contracts, the owner or
his designer, require the use of a reimbursable form of contract?
The control of the preparation, bidding and award of contracts is against a
contracting plan which is similar to the procurement plan in that it identifies
the work to be contracted (or subcontracted) by the party, together with
information relating to programme requirements and to the anticipated value
and type of contract to be used, e.g. lump sum, measure and value, etc.
As with the procurement plan particular reference is made to items
which come under the requirements of EU and UK regulations governing
competition and tendering.
Prospective contractors may be listed in the contracting plan and any
screening requirements identified, with an allowance made in the pro-
gramme for this pre-qualification process.
Each stage of a project and each work package within a project will be
required to produce something tangible, i.e. layouts, general arrange-
ments, specifications, enquiry documents, equipment and materials on
site, process guarantee test certificates, etc. The physical results of design
and other management activities are frequently referred to as 'deliver-
able~'.It is the deliverables that provide the basis for reporting project
design status and for recognizing achievement. The main documents or
deliverables resulting from the various design stages are covered in
Chapter 3 on estimating.
2.8 CONSTRUCTION
Construction
u
Mechanical completion
u
Commissioning
u
Mock operation
u
Initial start-up
U
Check product specification
u
Check production performance
u
Acceptance of plant
2.9.2 Commissioning
A plant, or any defined part of a plant, is ready for commissioning when the
plant has achieved mechanical completion.
Commissioning activities are those associated with preparing or operat-
ing the plant or any part of the plant prior to the initial start-up and are
frequently undertaken by the owner or a joint owner/contractor team.
Commissioning may involve mock operations which are commissioning
activities conducted to allow operational testing of the equipment and
operator training and familiarization.
At the completion of commissioning, the plant will be fully ready for
production operation.
probabilities and interdependencies and provides a logic and focus for the
continuing management of risk. Because risk analysis includes in its
assessment the probability of the event occurring and presents this infor-
mation in a manner from which the decision makers can undertake their
cost and benefit analysis, it is capable of handling provisions against all
types of risk, including force majeure and other extreme eventualities that
would not normally be included in a traditional contingency allowance.
The increasing use of computers has encouraged the development of
sophisticated techniques for the analysis and management of risk on construc-
tion projects. While these techniques are of undoubted value to a project, their
use has to be anticipated at inception since it requires amendments to the way
in which decisiofis are made and the time required to undertake the analysis
must be allowed in the programme established for the project.
As with a traditionally calculated contingency allowance, the provision
for risk can be a very significant amount within an estimate and not only
deserves to be handled in a manner appropriate to a major cost element, but
also requires the analyst to be able to explain the basis on which risk was
calculated and the probability of likely occurrence of the subject event.
Probability analysis
A probability analysis will take account of the many elements of risk
within a project and will apportion a degree of probability and range of
values to each. In this way an assessment can be made of the most probable
result, with statistical spread of other results. In its most sophisticated form
a probability analysis addresses the consequential impact on the ongoing
activities and risks.
Although a summation of the most probable results can be made, it is
unlikely that in practice the most probable result will be achieved against
each element of risk; who is to say that they are the most probable results?
To an extent it is a lottery which risk occurs and to what degree. The power
of the computer may therefore be used to generate a large number of
random scenarios, based on the assessed probability factors, to provide a
most likely final result. It is not surprising that this technique is referred to
as a Monte Carlo simulation.
Transfer of risk
Risk can be transferred by placing the responsibility for its outcome on
others, e.g. by utilizing insurance or by requesting fixed prices rather than
paying for increased costs as they occur. Risk is therefore usually trans-
ferred at a cost.
Avoidance of risk
Where risk is due to a factor that can be changed the opportunity exists to
avoid the risk by changing the factor, e.g. by changing from new untried
technology to a tried and trusted alternative, or moving a sensitive opera-
tion from winter to summer.
Risk is therefore usually avoided by accepting what may be seen as a
less attractive project option.
Control of risk
The first step towards the control of risk is the identification of the major
risk areas and their initial evaluation followed by continuing control. This
control is exercised through the normal project control procedures of regu-
lar progress measurement and comparison against a defined base, the
identification and implementation of required corrective actions and the
monitoring and reporting of results of the action taken.
Risk register
Once identified the various risks will be incorporated into a risk register
which typically contains the following information against each risk item:
Safety, environment and quality assurance
11451
the likely impact of the risk in terms of cost;
a brief statement regarding the anticipated means of mitigating the
risk;
the name of the person or department responsible for mitigating the
risk.
As the project develops, new risks will be identified and earlier risks will
change in status. The project team will therefore be invited periodically to
re-evaluate old risks and to identify new ones for incorporation into the
register.
Once the risk register is issued the responsible person will use it to pri-
oritize his attention on those risk items which need to be placed into
'intensive care' in order to keep their effects to a minimum.
jects including demolition and affect the various persons and organizations
associated with them including owners, designers, contractors, subcontrac-
tors and suppliers.
The regulations concern the management of health and safety; while
they do not apply to every project or everyone all of the time, most projects
and people involved in projects will be affected.
Sir Michael Latham published his final report on the procurement and con-
tractual arrangements in the UK construction industry in July 1994. The
report was commissioned to seek ways in which productivity and effi-
ciency could be improved. The review covered contract conditions and
documentation, contracting strategy, payment arrangements, the construc-
tion team and settlement of disputes.
The principal matters covered by the very extensive report include:
Contract conditions: Latham comments that the most widely used
forms of contract in the industry reflect arrangements which rarely
apply on site, e.g. design complete prior to commencing on site,
acceptance by both parties of the architectlengineer as being impartial;
he advocates the use of fair contract conditions which reflect the reali-
ties of a modern construction project. The report suggests that the New
Engineering Contract, issued by the Institution of Civil Engineers,
contains a fair balance of risk and recommends that owners should not
be allowed to amend standard clauses to gain an unfair advantage.
Team working: cooperative, non-confrontational working is recom-
mended using integrated teams not only between owner and main
contractor but also between main contractor and subcontractor.
There should be greater use of coordinated contract information.
Trust accounts: the report recommends the establishment of trust
accounts to guarantee interim payments to main contractor andlor
subcontractor in the event of the insolvency of a company higher up
the payment chain. Funds should be placed in trust accounts at the
commencement of each 'stage' of the work.
Retention bonds: retention bonds, decreasing in value as the work
progresses, should be used in place of the common practice of with-
holding part of the due payment until satisfactory completion.
Alternative dispute resolution: a mechanism for dispute resolution
should be incorporated into the contract conditions.
A construction contract Bill should be introduced to give statutory
backing to newly amended standard forms and to introduce recom-
mendations of the working party on construction liability law.
2.12.2 CRINE
The CRINE Report (Cost Reduction Initiative for the New Era) has been
published against a background of low oil prices and rising costs of devel-
opment of oil and gas discoveries in the North Sea. It is feared that unless
costs are reduced significantly within a short time the development of the
remaining reserves in the UK sector of the North Sea will be in serious
jeopardy. The report makes recommendations that it suggests will have the
effect of reducing capital costs by at least 30% thereby improving the eco-
nomics of present and future fields and extending the life of the UK
continental shelf development.
I Management of engineering projects
The six major recommendations are as follows:
to use standard equipment;
to use functional specifications;
to use criticality to determine documentation requirements;
to simplify or clarify contract language and eliminate adversarial
clauses;
to rationalize regulations on certification, production consents,
pipeline works authorizations and field development programmes;
to raise the credibility of quality qualifications.
2.13 INSURANCE
BIBLIOGRAPHY
Plant Owner
B. F? Chemicals Ltd.
11 Estimating
3.1 INTRODUCTION
As previously stated, the types of estimate are many, they have varying
depths of quality and are suited to quite different and distinct purposes.
Each estimate is intended to predict the final cost of the design and execu-
tion of a project, and each is capable of a degree of sophistication and
accuracy appropriate to the stage of the project.
It has been suggested that the early estimates are not carried out by the
quantification of components but rather by the application of historical, all-
inclusive rates to product criteria.
Estimate content and proportions will of course vary between differing
types of project, and will change during the life of a project, reflecting not
only the degree of detail available but also the purpose of the estimate. An
Table 3.1 Estimating accuracy
Technical definition Project Estimate Estimate
stage type accuracy (%)
Generalized scope definition
Required capacity of plant
Plant location
Preliminary project schedule
Preliminary process diagram
Main statutory requirements
Equipment list
Outline engineering specifications
Preliminary 'block' plot plan
Offsites and utilities by system and
capacity
List of major equipment
Preliminary equipment data sheets
Preliminary process and instrument
diagrams
Quotations for unfamiliar items
Detailed scope definition
Finalized heat and mass balance calculations
P & I Dsa for process and offsites
Detailed plot plan
Detailed engineering specifications
Operator's requirements
Local authority requirements
Project master schedules
Information on site conditions
Local availability of labour and material
Detailed equipment list
Completed and approved plant layout
Electrical single line diagrams
Detailed equipment specificationsldata sheets
Detailed material take-offs
Firm quotations from potential vendors
Quotations from potential contractors
Commissioning and operating information
Installation and fabrication specifications
Amended design and specifications as a
result of safety reviews
Construction subcontract enquiries
Production design phase continues
Process and instrumentation diagrams
Key to design stages: Feasibility
A11 estimates are the result of a quantity being multiplied by a rate, and all
rates other than the most fundamental costs are composed of a number of
cost elements in various ratios to form a composite rate. Composite rates
may reflect detail at various hierarchical levels; the highest level of detail
may be the basic costs of labour, plant, materials, etc., while the lowest
level could be a single all-inclusive composite rate per unit of production
of a completed plant.
Although the use of low level composite rates in an estimate can be both
cost-effective and accurate (if properly produced and documented), the use
of such rates without an understanding of their original content is danger-
ous. A full set of composite rates at various levels, without any idea of
what the rate represents, when the rate was current, and where they were
used, is of little benefit to any company and it is therefore advisable to
maintain a record of the basic components of composite rates, including
design criteria, date and location, so that rates can be adapted for use in dif-
ferent circumstances.
1 Estimating
Unlike the building and civil engineering industries that tend to estimate
using composite rates that are inclusive of labour, construction plant and
materials, the process engineering industries estimate each of these ele-
ments separately.
The building and civil engineering component of an industrial engineer-
ing project may initially be produced using methods appropriate to those
industries. However, it is not unusual for the estimator to analyse the
resulting estimate into its constituent parts for the sake of consistent pre-
sentation and to predict more accurately overall labour levels required on
site and to anticipate the need to rationalize the labour loading within what
is considered to be a manageable total workforce.
The rate for labour used by an estimator will be a form of composite rate
usually referred to as an 'all-up' all inclusive rate. An 'all-up rate' can be
interpreted as including some or all the costs of employment, provision of
accommodation, management costs, construction plant, material costs and
the like. It may have been produced from the examination of the total pay-
roll alone, the payroll for a particular discipline, or obtained by dividing
the final outturn costs of a project by the total on-site hours expended. An
estimator should therefore always qualify his request for information, or
his response to a similar request, by stating its inclusions in general terms.
This continuing problem of definition can be further complicated when a
rate is stated in terms of direct man-hours, as the estimator must be alert to
the further problem of definition, as discussed below.
The message throughout this, and other, chapters is that any rate that
is not defined is unusable, and an experienced estimator when offered a
rate will always respond with the question 'what does that mean or
include?'
Direct labour: crafts or trades that are directly involved with the pre-
fabrication, fabrication, construction, machining, preparation,
assembling, erecting, finishing and testing of the work. Direct labour
shall include all crafts and trades that directly contribute to the con-
struction of a facility or who are of direct support and without whom
the activity could not be achieved.
Indirect labour: labour of a more general nature that provides support
to the direct labour and which is necessary for the orderly comple-
tion of the work, but which cannot be assigned to discrete activities
and does not directly contribute to the construction of a facility.
1 66 1 I Estimating
Indirect labour may include foremen and supervision, quality con-
trol, scaffolding, cleaning, warehouse and transport services, crane
drivers, material control, fire guards, safety, dimensional control and
construction camp operations.
3.8.1 Escalation
Again, it is advisable to retain within the estimate details of the manner in
which escalation was calculated, so that any variances occurring later in
the project can be identified and reported.
The estimate should include details of the base date of the estimate, the
applicable rates used and escalation allowance and the project programme.
The main contract items should be clearly identifiable in a phased escala-
tion programme and anticipated expenditure profiles produced for the most
significant activities.
In some cases, owners may predetermine the level of escalation to be
assumed, on the basis that the escalation anticipated within their calcula-
tions as to the value of the product, will be loosely comparable with
escalation in the capital budget.
Charges for the financing of a major project throughout the many years of
design and construction can be equally important. The estimator will create
his cash flow forecast by effectively pricing the project schedule by spread-
ing the expenditure against the periods over which that expenditure is
being incurred in line with an appropriate expenditure profile.
3.12 INTERFACES
3.12.1 Process
Review equipment list with the process engineers to ensure that equipment
not related to the actual process is included, i.e. service cranes within a
compressor building, etc.
3.12.2 Procurement
Establish with the procurement department that enquiries for check prices
include all anticipated elements of cost, i.e.:
delivery and documentation costs;
construction and commissioning spares;
full painting specification;
suppliers' site engineers;
special tests.
3.12.4 Construction
Construction possibly carries the highest degree of risk to an estimator
and care and diligence must be used when estimating construction costs.
The opinion of the construction department should be sought for the fol-
lowing:
selection of appropriate construction norms;
productivity in relation to site location, degree of pre-assembly, estab-
lishment location, construction time, e.g. predominantly winter or
summer, working elevations, proximity to other major construction
projects, working within the confines of live plants, requirement for
working permits, etc.;
labour availability;
site working agreement including normal working week, requirement
for shift working and productivity payments, radius allowance reflect-
ing local labour market, etc.
Once the conceptual design is completed and work on the budget estimate
begins, it will be necessary to ensure that changes or potential changes to
the estimate are identified. Clearly with information at a preliminary stage,
and with a number of assumptions and approximations being made, it is
sometimes difficult to keep up with the possible changes that can occur
from any given or assumed base.
It is therefore necessary to identify the key documents on which all
other aspects of design rely and to establish a specified revision as the base
and to monitor change against that base. I
There are five documents that are fundamental to an engineering dksign,
control of which will identify all significant change:
the basis of design or design specification; I
~
the process/utility flow sheets and heat and mass balance calcula-
tions;
the piping and instrument diagrams;
the equipment layouts/plot plans;
the electrical single line diagrams.
Any change identified to these documents should be investigated by the
estimator and the cost ramifications assessed by using his own knowledge
or that of the design engineers, following which the necessary reports
should be raised or adjustments made to the estimate.
Coding and control
1m
3.14 CONTROL BY ESTIMATE
Costs require control at all times but control becomes progressively more
important as the rate of expenditure increases. Expenditure will start to
accelerate once the conceptual design is completed and cost information
must be made available to set targets, record progress and expenditure,
anticipate corrective action and forecast final cost.
Cost that is b'eing progressively expended over a significant period
cannot be controlled against a single high value entry. Although the defini-
tive estimate may contain the required detail it will not be available at an
early stage and if, for example, the budget estimate contains a single figure
for the bulk purchase of carbon steel pipework, this will not allow effective
control of the individual purchase orders to begin.
The detail contained in a budget estimate may therefore require expand-
ing or refining before it can be used as an effective working tool. If
information is not available to produce an accurate breakdown the estima-
tor must make his best assessment since even an arbitrary figure provides a
basis for comparison and control.
An estimate should not be put aside once the total has been approved. The
estimate should instead be part of a dynamic ongoing basis of control of all
actual expenditure or anticipated expenditure in order to best anticipate
and control the final costs. This control is to be exercised by cost sampling
and cost control techniques covered elsewhere in this book.
BIBLIOGRAPHY
Value management (VM), value engineering (VE) and value analysis (VA),
are terms that are being used more and more frequently; but what do they
mean? Most design organizations have a concern for value and have
processes and design reviews to address owner requirements and the cost
of any proposed scheme. Capital cost is certainly one element of value but
general experience indicates that the cheapest is not always the best and a
broader understanding of value is needed.
It is increasingly recognized that not only do design organizations need
to provide assets that meet the owner's specification and are built to time
and within budget but that the potential project maximizes the benefit to
the owner's business. At the earliest stages of project thinking the owner
specification is an expression of a number of perceived andlor actual
'needs'. As design proceeds and the cost of meeting those needs emerges it
is often necessary to recycle the design to provide a scheme that is more
acceptable to the owner. In the same way, as design proceeds, additional
opportunities can be generated that could bring additional benefits to the
owner's business.
It is a key role of the design organization to enter this debate of value
and need at the earliest stages of design. Experience shows that 'loose dis-
cussion' and 'asking the owner what is wanted' is unlikely to be enough,
and design organizations need to be able to get close to the owner, under-
stand the needs and provide solutions which not only give good capital
value but also enhance the business.
It is this presentation of need and cost in a different form that VM tech-
niques address. VM and associated techniques should not be seen as
displacing normal design reviews but as providing a different perspective
to the owner which is not apparent from the normal engineering specifica-
tion and cost estimate.
4.3 VM DEFINITIONS
Although the terms value management, value analysis and value engineer-
ing are widely used, there is not total agreement on definitions. The
European Union is working on an overall approach to the understanding,
practice and training for value management within the EU and clarification
of terms is expected.
However, it is generally accepted that VM covers a range of value
improving practices, particularly those used for early conceptual thinking
and the 'softer' front end issues of a project, while VA and VE are more
usually used to cover studies of the traditional 'harder' issues at the later
stages of design. Commonly, the term VE is used for studies at the project
cost level with VA used to describe more detailed component analysis.
However, some organizations transpose these terms.
It is possible to consider four broad levels of review as shown in Figure
4.1.
The cost of change at the later stages of design is also greater as design
proceeds. Although obvious, this point is often forgotten and expectations
can be created that VENA studies at the later stages of design will deliver
substantial cost-benefit opportunities. This is unlikely as major changes
Business and
strategy strategy technology analysis
4
Business and
operating scope
,
i
I
Scheme design I
I
7
Engineering definition Project cost analysis
4
Detail design I
I
+ Detail design Component /item
analysis
Maintain
Store materials temperature
and humidity
L Transfer to plant
Remove water
Filter
Provide new
Provide reaction reactor
- React -
capacity
Uprate existing
reactor
Uprate existing
plant
t Assure product
quality
Meet Remove -Provide
specification - solids belt filter
Treat routine
effluents
Protect
environment Cater for
abnormal events
Uprate services
Improve site
L Provide access
infrastructure
Provide new
L amenities
Figure 4.3 Typical FAST diagram
for a chemical plant is shown in Figure 4.3. From this it can be seen that
'assure product quality' could be considered at different levels, i.e. change
the product specification, change the process technology to give a more
effective process, change the equipment type or change the detail design of
the selected equipment. All of these present opportunities with different
levels of ease of implementation and trade off. This form of presentation
VM methodology and job plan
IEI
gives an enhanced view of the project that is not apparent from a normal
engineering estimate.
A feature of the FAST diagram is that it is developed from the left-hand
side by asking 'how?' and from the right-hand side by asking 'why?' It is
this questioning that enables the fundamental purpose to be established.
For instance, asking 'why a distillation column?' could give a variety of
answers including: 'remove impurities', 'recover material' or 'concentrate
the product'. These different descriptions give a quite different perspective
of the need for a distillation column and the possible options, e.g. different
process, equipment, operating (get someone else to do it) or commercial. A
further feature of the FAST diagram which leads to greater clarity is the
use of 'verb-noun' descriptions of functions. For instance 'increase product
quality', might probably require a quite different solution from 'maintain
product quality'.
Information phase
The information phase involves defining the project, gathering the available
information, establishing constraints and carrying out a function analysis to
describe 'What is it we want the project to do?' rather than 'What are the
physical components of the project?' It is at the start of this phase that the
level of study and potential team members should be defined.
Creative phase
During the creative phase the team uses the functional descriptions, nor-
mally presented in the form of a 'function' or 'FAST diagram' to explore
alternative ways for accomplishing the desired functions. 'Brainstorming'
is usually used to generate ideas.
The presentation phase involves the presentation of the agreed design pro-
posal including any outstanding developments.
Implementation phase
It is important to see that the recommendations are developed and pro-
gressed during the implementation phase. Often, a lot of energy is put into
the first five phases over a fairly short period but as implementation is over
a longer period and involves people not involved in the initial review,
momentum can be lost.
The job plan is not meant to be prescriptive but is there to help a team to
work systematically through the design phase. Judgement is needed to
structure the job plan to suit the level of study and complexity of the project.
4.6 CONCLUSION
Although the value management techniques that have been described are
based on well-established and proven techniques there is the need to recog-
nize that the experience and track record of the 'study leader' is critical to
1El
~onc~usion
Being in control implies a knowledge not only of the current position and
ultimate target, but also of the route to be taken to achieve that target. The
target will be to complete the work within time and budget, while the cur-
rent position will be described in terms of progress achieved and cost or
time expended. By monitoring past performance on a project it is possible
to forecast future results. From these forecasts it may be evident that the
achievement of the target is not possible without making changes in the
project strategy. It should be noted that these changes may have an effect
on both time and cost; due consideration needs to be taken of both. It is
also necessary when reviewing past performance to understand the factors
that influenced that performance; a judgement has to be taken when fore-
casting future results as to whether these factors will still apply or indeed
whether new factors may come into play and influence the future outcome.
Control is an ongoing process which seeks to:
monitor performance;
understand those factors which influence performance;
suggest corrective action where performance is adversely affected;
forecast future results;
suggest changes in strategy where the forecast result does not meet
project objectives;
provide a basis for continuing performance improvements.
5.2 OBJECTIVES
Commitments
Commitments against a budget within the control estimate will normally
comprise the following:
value of orders placed;
faxes or letters of intent issued;
estimated values of orders with no fixed value;
allowance for escalation (which will include cost of freight, carriage,
duty and taxes).
Accrual
The accrual is the difference between the invoiced value and the actual
value of work performed, be it design engineering or construction installa-
tion work, at a given point in time. While to some extent an approximation,
the invoiced value plus the accrual is normally a reasonable assessment of
the value of work done. It is therefore the major tool used for forecasting as
commitments are recorded in advance of work actually being accom-
plished and expenditure lags behind.
Expenditure
Expenditure is a record of 'cash out the door'. Due to the time lag between
the work being accomplished and the invoice for that work actually being
paid it is of little use to the cost engineer as a forecasting tool. However, it
is of obvious importance to the owner's accountants who require to know
the magnitude of project funds which will be required on a monthly basis
to meet invoice payments. As part of his responsibilities the cost engineer
is often required to supply cash flow forecasts on a regular basis during the
life of the project.
Control estimate 1
5.3 THE CONTROL ESTIMATE
The basis for controlling costs is the control estimate. The control estimate
is developed by taking the best estimate available at project commence-
ment, in most cases the definitive estimate (see Chapter 3), and sorting it
into related categories which reflect the way in which the project is to be
executed. The whole of the cost control philosophy relies on the control
estimate in that all forecast costs derived on the project are compared with
the appropriate estimate allowances contained within this document.
In order to ensure that these comparisons are on a like for like basis the
control estimate should be broken down in a manner which will be compat-
ible with the way later information will be available. The control estimate
should be suitably qualified to indicate to users the level of accuracy which
can be expected and access must be available to the full record of informa-
tion used and assumptions made in its preparation.
Prior to the control estimate being in place it is of course still necessary
to control costs accruing against the project. These costs will primarily
consist of feasibility and front end engineering activities and must be taken
into account when compiling the control estimate. Once the control esti-
mate is agreed, all matters which may have an impact on final cost will be
under constant review including changes, predictions of cost, time,
resources and contingency allowances required to complete the project.
Further details on estimating are given in Chapter 3.
The essence of any cost control system is to break down the project into
packages of work that can be controlled and managed.
A project cannot be controlled by simply keeping track of the total
expenditure accruing on it. After all, using this method, the project team
would only realize they had a problem when the total project funds ran out.
If the cost engineer is to identify potential problem areas and adverse
trends it is necessary for a project to be broken down into a series of bud-
gets which can be individually reported against. These budgets should
reflect both the cost elements of the project, i.e. material and equipment
purchases, contractor costs, design costs, etc., and the way in which the
project is to be executed, thereby making it possible to allocate budget
responsibility to the appropriate members of the project team.
These two differing requirements are satisfied by the adoption of two
interrelated reporting structures commonly referred to as the work break-
Cost segregation
Im
down structure (WBS) and the code of accounts. The interaction of these
structures allows the reporting and control of costs by discipline or by area
or by discipline within an area, e.g. total cost of labour, total cost of all
requirements in an area and total cost of labour in an area.
When both types of structure are used with a complementary coding
system the result is a flexible reporting matrix capable of producing sub-
stantial detail if required, while summarizing at various levels and in
various formats to suit the requirements of the recipient.
1. project description;
2. project objectives;
3. technicalfactors:
technology to be used;
project location;
size of the facility;
raw material requirements;
product output;
4. commercial factors:
market trends;
anticipated benefits (e.g. product sales);
I Project services
A wide range of techniques are used by the cost engineer to identify poten-
tial cost problems on a project. These techniques vary depending on the
type of project expenditure, and while this publication does not attempt to
detail all of these various methods of control it is useful to appreciate some
of the more commonly used methods of approach.
Based on this information the cost engineer can derive the man-hours and
therefore the cost to complete the design activities, by using the most
appropriate of the following three methods:
This list gives some indication as to where to start looking for the reasons
for the overrun and it is evident that corrective action can be taken in cer-
tain cases. It is important to note that when investigating overruns the
possibility of a low estimate should not be excluded; but this should be
considered only after all avenues of corrective action have been exhausted.
It is a psychological fact that once it has been admitted that the budget is
low all efforts towards corrective action will cease.
The purpose of any estimate is to forecast the final anticipated cost, and
since unknown or unspecified costs are always incurred a provision has to
be included within an estimate for such unknowns.
A contingency allowance is therefore to cater for unknowns alongside
the known scope of the project. It is not an allowance to cover scope
changes arising during the course of the project which were not known or
Escalation IE l
envisaged at the project definition stage. The reasons for requiring a con-
tingency allowance and its assessment are covered in Chapter 3 on
estimating.
Ownership of contingency is an issue which should be clarified at the
commencement of any project. In some cases the owner will prefer to be the
holder of this provision and will control its allocation during the execution
of the project; in other cases the project team is given the responsibility.
Whatever form of approval is adopted it is important that all parties under-
stand how contingency is to be handled and what procedures are required to
be followed to ensure that it is managed in a controlled manner.
The contingency allowance can be a large sum, with some demands on
its cushion being made early, and others much later. Additional information
will become available or modifications envisaged throughout the period of
the project, and judgements will have to be made as to whether such items
are covered by the contingency allowance or whether the items constitute
an addition to the estimated final cost. This judgement can only be made if
the contingency sum has been broken down into various defined categories
and the calculation of the contingency undertaken in a structured manner
by allocating different percentages to each main component according to
the quality of the data available at the time the estimate is compiled.
It is only by so doing that control can be maintained, and a judgement
made to avoid the running down of the remaining contingency below a
level required to accommodate future design development.
By monitoring the various demands on the contingency allowance and
using good techniques of cost control a realistic final estimate can be main-
tained and a contingency allowance retained for the later activities.
5.8 ESCALATION
Due to the excessive time scale of many projects cost escalation is a large
element of the budget. Control requires that an understanding exists of the
current financial position which provides a platform for the projection of
future costs. Differing parts of a project will be designed, purchases made
and construction executed at widely varying times, and if escalation is
simply a large figure to be used to draw money as required the early prob-
lems will be disguised and later items left with an inadequate budget.
The calculation of escalation is dealt with in detail in Chapter 3 on esti-
mating. It is normally held as a separate budget within the estimate, to be
allocated in an appropriately controlled manner as the project progresses.
The problem is in obtaining an accurate figure for actual escalation
included within a particular cost element of a project and therefore being
able to transfer a realistic sum from this separate budget. The cost engineer
relies on a number of techniques to make this assessment, one of them
being the use of cost indices published by, among others, the Association
of Cost Engineers.
It is not intended that this book should address these various techniques;
suffice to say it is a budget, as with contingency, that has to be managed
and that it will obviously diminish as the project progresses.
1 Project senices
The summary narrative highlights and explains major changes to the cost
forecast in the period as well as identifying potential problems and sug-
The cost control report I
Project no. Status at:
Project title: COST REPORT SUMMARY Reporting currency: f000s
Code Description Original Approved Current Value Commit- Estimate Anticipated Over1
control scope control of work ment to to final (under)
estimate changes estimate done date complete cost budget
1
I
1100 Major equipment 184.2 7.0 191.2 170.3 180.3 15.0 185.3 (5.9)
1200 Piping 291 .O 3.6 294.6 275.6 302.8 44.6 320.2 25.6
1300 Civil work, building and steelwork 324.0 13.8 337.8 373.7 372.7 0.0 373.7 35.9
1400
1500
1600
Electrical
Instrumentation
Insulation
135.0
210.0
40.0
1.3
6.7
0.0
136.3
216.7
40.0
35.6
100.2
10.0
54.5
106.2
25.0
100.7
116.5'
15.0
136.3
216.7
25.0
O.O
0.0
(15.0)
I
1700 Painting 15.0 0.0 15.0 3.5 12.5 9.0 12.5 (2.5)
I 1800 Temporary construction facilities 25.0 0.0 25.0 15.8 22.4 9.2. 25.0 0.0
I
12000 Fire protection 100.0 0.0 100.0 36.3 76.5 43.7 80.0 (20.0) 1
3100
3300
Engineering
Professional fees
Subtotal
220.0
58.0
1607.2
14.6
0.0
48.0
234.6
58.0
1655.2
214.2
33.0
1268.2
214.2
34.3
1401.4
39.8
11.3
410.8
254.0
44.3
1679.0
(13.7)
23.8
I
5000 Contingency 181 .O 1.5 182.5 0.0 0.0 158.7 158.7 (23.8)
I Total project costs 1788.2 49.5 1837.7 1268.2 1401.4 569.5 1837.7 0.0
By using the applicable coding structure, the cost summary tabulation can
be presented in accordance with the cost breakdown or work breakdown.
Other reports which the cost engineer may be required to issue at regular
intervals comprise the following. I
Other reports I1 (
Planned commitment -
Actual commitment --------
Planned expenditure ...........
Actual expenditure ---------
Oct Nov Dec Jan Feb Mar Apr May Jun Jut Aug Sep Oct Nov Dec Jan Feb Mar
5.11 INTRODUCTION
Oct N w Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
Year 1 Year 2 Year 3 Year 4
Overallearlyplan 0.0 0.8 2.0 3.9 6.0 7.9 10.1 12.1 14.0 16.1 17.9 22.2 26.4 29.9 31.9 34.0 40.1 46.4 52.4 63.9 72.2 78.0 84.8 87.9 91.1 94.0 97.2 99.6 99.8 100.0
Overall actual progress 1.3 2.0 3.1 4.1 6.1 8.9 10.0 13.2 20.0 23.7 26.8 29.2 30.4
Figure 5.6 Level 1 bar chart with key dates (milestones) and progress curve
1 110 1 I Project services
placement of purchase orders for particular items of equipment;
mobilization of a key contractor;
completion of detail design;
delivery to site of certain specified items of equipment;
completion of heavy lifts;
power on;
mechanical completion.
The key dates will result from the more detailed considerations in the level
2 programme.
DRAWINGS REQUIRED
PERMITS REQUIRED
HOT WORK VESSEL ENTRY ELECTRICAL
CONTRACTORS' SIGNATURES
INSPECTOR SUPERVISOR
DATE DATE
INSPECTOR SUPERVISOR
DATE DATE
The network is at the heart of the planning function in that it contains the
logic on which the various planning schedules are based.
A network consists of a sequence of events logically linked together and
contains information regarding the nature of events, the order in which
events can be achieved and the duration of any activity necessary to their
achievement. The duration of a path through a network is therefore depen-
dent on the duration of the constituent activities, whereas progress is
plotted against events.
There are two conventions of representing networks. The first advo-
cates activities as arrows, the event being the node at which the arrows
meet. The second is termed a precedence network which represents the
activities as the nodes of the diagram which are connected into a chain
of logic by arrows called constraints The former is sometimes referred to
as 'activity on arrow', the second 'activity on node' which is current
practice.
In order for the project team to forecast the final completion date and cost,
a basis for comparison needs to be established between the anticipated and
actual progress and anticipated cost and cost to date.
The level 4 schedule forms the basis of the contractor's progress control
system. It is at this level that the contractor will record progress, identify-
ing what has been achieved and when it was achieved. The actual hours
used in its achievement will be recorded against time sheets which are nor-
mally the equivalent of level 3 information.
This information will be used to forecast man-hours required to com-
plete the work taking into account progress and productivity achieved to
date, by area, discipline or system.
Progress is not measured by comparing time expended against total time
allowed, nor is it measured by comparing man-hours expended and total
man-hours anticipated, or by comparing amount paid and total value of the
contract. Progress is a comparison between work anticipated and a mea-
surement of actual physical work achieved. Progress will only be measured
against 'direct' or 'progressable' activities, i.e. activities that directly con-
tribute to the production of the unit. Management and support trades, for
example, are not measured as progress.
Measurement is carried out periodically at agreed cut-off dates, the
method of physical measurement of progress varying between disciplines.
Clearly the method of measurement of design, procurement and similar
activities will differ from that used in connection with construction works
where physical progress is directly measurable.
In order that progress on design and similar activities does not remain a
matter of opinion it is necessary to agree, prior to commencement, the
stages through which deliverables, e.g. layout drawings, general arrange-
ment drawings, enquiry documents, etc. will proceed in order to establish a
framework against which progress can be evaluated. This is usually
referred to as benchmarking. The agreed stages should contain a descrip-
tion of the 'quality' of the deliverable required, as progress on a deliverable
containing various 'holds' or blanks is questionable.
Original design effort and progress are based on the designer's estimate
as to the types and quantities of documents to be produced and man-hours
1 1 Project services
established for the different stages through which the document has to be
processed. Progress is assessed by the engineers at the lowest level of
detail, e.g. drawing, specification, study, etc. The physical status of the
document is reviewed using the benchmarks laid down for the stages, per
document and the engineer's own judgement.
Procurement can be planned and monitored by setting a procurement
cycle which includes such activities as enquiry issue, order placement, etc.
and allocating man-hours accordingly. Time allocated to each stage of the
cycle takes account of vendor (supplier) documentation requirements, prepa-
ration of design deliverables, etc. Procurement progress is measured against
the procurement cycle per requisition for the total procurement effort.
Design programmes will usually be construction driven, in that the needs
of the large construction workforce will take priority over the inconve-
nience of the designers. The delivery dates for procured items will be linked
to the construction requirements; equipment and materials will therefore be
'reverse engineered' to take account of when it is required to suit site activi-
ties. Certain equipment will be critical with regard to vendor (supplier) data
rather than delivery, in which case the enquiries will be programmed early
in the project so as to be in receipt of data to suit design requirements.
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
Once the project is under way the planning engineer will regularly review
and report on the status of the work and will update the planning database.
The planning engineer will coordinate his activities with the cost and con-
tract engineers to ensure that all project controls can be used in conjunction
each with the other. This is particularly important with regard to the incor-
poration of agreed changes into the scope of work.
1 Project services
Information will be collected on man-hour expenditure and progress
achieved for comparison with that planned. The planning engineer will,
together with the material controller, monitor deliveries of material and
equipment against planned and actual requirements together with the
issue of design information and the release of any 'holds' on design
drawings.
Summary
A summary of the current status of engineering design, procurement,
contract placement, equipment and material deliveries and construction
progress. Specific reference should be made to any current problems, bot-
tlenecks, delivery lapses, etc., the effect on programme andlor costs, and
an indication of the steps being taken to overcome them.
Achievement
A description of progress and summary of the labour force by trade or dis-
cipline for both the contractor and his subcontractors.
Objectives
This comprises a description of activities to be carried out in the next
period.
Areas of concern
Highlights any problem areas that may cause delay to a key date or to the
completion of the work.
Planning matters
5.19 INTRODUCTION
5.21.4 Distribution
As previously stated, it is important that members of the project work
from the latest information. This is especially true in the case of the design
team.
Clearly not everybody on a project requires copies of each of the thou-
sands of documents that a major project will produce, and therefore a
document distribution matrix will be established at an early stage and con-
tinually maintained to meet the requirements of the project, thereby
minimizing unnecessary distribution.
The matrix will identify all the documents which it is anticipated will be
produced on that specific stage of the work. The document control team
will invite each member of the project to identify on the matrix which of
the documents they wish to receive as part of the standard distribution. In
addition an updated document list will be available at all times, either in
hard copy form or on a computer database, against which an engineer can
check on the availability of documents that he had not originally identified
as being required to receive on the standard distribution list and also to
check that he is now using the latest information.
The document control team can ensure that engineers always have
access to the most up-to-date information but it is up to the individual engi-
neer to ensure that he is using that which is available.
The activities necessary for the preparation of as-built drawings may vary
dependent upon whether or not computer aided design (CAD) is being
used. The contractor will be required to mark up copies of the drawings
issued to him for construction purposes, to show any changes made at site
in order to ensure that on completion the owner has a complete and accu-
rate record of the work. If CAD is used the information contained on the
marked up drawings will usually be transferred into the computer database.
5.23 REPORTING
5.25 INTRODUCTION
The material controller will develop and operate a system that monitors
status against these requirements, inspects and approves storage conditions
and procedures and records any maintenance undertaken during the con-
struction period, in order to ensure that material and equipment is in good
condition when installed and that any guarantee is not invalidated.
5.26 TRACEABILITY
5.27 COORDINATION
During the procurement phase the material controller will act as coordina-
tor between the construction contractor and the design office, by informing
the design engineers of the coding systems to be used for material control
purposes and providing expediters with the required on-site dates. The
material controller will also seek the efficient use of material by agreeing
allowances for contingency and waste with all parties.
Spares I El
Coordination often includes 'nesting'. Nesting is a term used for arrang-
ing the various shapes and sizes of steel plate required by the design in
order to reduce wastage when they are cut from the standard rectangular
plate delivered from the steel supplier. Nesting will usually be undertaken
by the fabrication contractor and verified by the design engineers. Once
'nested' the material controller should record nesting through material allo-
cation sheets.
Materials and equipment that have been correctly delivered, will be moved
from the receiving area into site storage. Such storage varies from a lay-
down area typically for pipe, steel, etc., to a warehouse for electrical or
instrumentation equipment. Note should be taken of any special require-
ments for security of the materials, especially on a multi-contractor or
multi-project site, and for the preservation and protection of the materials
such as heated storage. The issue of materials for fabrication and installa-
tion will vary between projects but it is usual to requisition materials from
the stores as they are required to be incorporated into the work.
Once in the storage area the materials will be under the immediate con-
trol of a stores organization who either report to the material controller or
work to procedures agreed with the material controller. The stores organi-
zation will be equipped with the necessary lifting and transport plant and
other items necessary for the safe handling and protection of the materials
and equipment.
The material controller is responsible for ensuring that the equipment
and material are kept in good condition. This will involve regular inspec-
tion of stores and ensuring that equipment is subject to a system of
preventive maintenance that may involve regular inspection, lubrication or
turning of motors, pumps, etc.
Accurate material control will be achieved by the keeping of records of
receipts, stocks and issues and the cross-referencing of quantities on order
and delivery forecasts. In this way, material shortage reports can be gener-
ated so that prompt action can be taken to obtain additional material, i.e. by
expediting effort or the placement of new orders.
Particularly heavy items of equipment will be required to be delivered
on a predetermined date and off-loaded directly on to prepared foundations
to avoid double handling.
5.29 SPARES
Material controllers will often coordinate the interface between the con-
struction contractors and the plant operations by recording and handing
over surplus materials and spares to the plant operations together with all
associated certification, etc.
Breakdowns on a manufacturing plant are an insurable risk and the
longer a plant is idle the higher the cost to the insurance company.
@( Project services
5.3 1 INTRODUCTION
Throughout the whole of this chapter, comments have been made regarding
a hierarchy of control and reporting being available at various levels to suit
the requirements of the many members of the project team and their corpo-
rate masters. Emphasis has been placed throughout on the complex nature
of engineering projects both in terms of design and management.
The establishment of a single set of procedures which covers the overall
administration philosophy is essential for complex multidiscipline projects
to work efficiently.
The following subjects will normally need to be coordinated to ensure
compatibility between procedures produced by various organizations:
The design procedures are probably one of the most complex set of proce-
dures on any project. Not only are the design procedures within a single
design team complex, the approval cycles and coordination with other
parts of the design process, e.g. equipment manufacturers and owners,
make it essential that all parties are working to compatible procedures.
Design procedures cover the management of the design and should
include the control both of written information in the form of specifications
and reports, etc. and of drawn information.
In the initial phases of a project it is essential to put in place the
structure of the design procedures that will be suitable for all the phases
of the project. However it is not necessary to have a full set of proce-
dures at the start of a project to cover the later elements of the design
process, for example the procedures to cover the review and approval
of suppliers' drawings, such procedures can be issued at a more appro-
priate time. It is essential that the procedures are structured to enable
them to be incorporated at a later date and developed to meet the needs
of the project.
Procedures are normally based on the owner's requirements and devel-
oped to meet the requirements of the project. An owner who regularly
procures projects will often have detailed corporate standards which must
be complied with. These can cover the provision of drawn information in
an electronic form suitable for the owner's own system, and at the other
extreme down to the thickness of lines on drawings.
As a project develops so will the design procedures and the owner's ini-
tial requirements will be expanded by the designer's, contractor's,
subcontractors' and suppliers' design procedures. It is essential that these
procedures are aligned in order to avoid clashes and to reduce the risk of
complicating systems and formats.
One of the key procedures is that covering the status of design informa-
tion as it is important that the issue of all information is controlled in order
that the receiver of the information understands the status of the informa-
tion and what they can and cannot do with it.
Site procedures are a set of procedures used to control the work carried out
on site. Procedures cover a number of subjects, some of which are legally
Production of site procedures I
essential to the lawful operation of a site, particularly in the area of health
and safety, while others are essential to the efficient working of the site and
administration of the contracts.
Site procedures control various activities covering:
access to the work;
working hours;
contractual matters;
security/confidentiality;
health and safety;
public relations;
meeting and reporting requirements;
management structures;
quality assurance;
environmental constraints (noise, dust, etc.);
testing and commissioning.
The procedures vary from project to project and within a project from con-
tract to contract.
Site procedures are normally based on the owner's requirements,
which will define a series of restrictions and administrative requirements
for the project. These are developed by the design team and may be such
that they have to be included in the tender documentation to the extent
that they affect the tender price. Contractors may later develop and
enlarge on these procedures as may be appropriate for their own control
purposes.
5.36.2 Instructions
The issue of giving instructions is a common contractual matter. Site
administration procedures should look to standardize the contractual posi-
tion and cover matters which are not specifically covered by the contract.
Typically contracts require that all instructions shall be in writing. But
what happens if the contractor receives a verbal instruction? Should he act
on it? It is common in this instance for the contractor to confirm the verbal
instruction in writing and ask for a formal instruction in writing. It must
be clear either within the contract or in site procedures whether the origi-
nal verbal instruction must be acted upon or not before any written
confirmation is received and whether failure to reject the verbal instruc-
tion means that the instruction is confirmed. Similar issues arise over the
status of site meeting minutes and correspondence to the contractor from
the owner, etc.
In addition to the issuing of instructions most contractual requirements
state that only named persons may authorize an instruction.
Site procedures must be in place in order to actively control the above.
Site records are numerous and are commonly kept by the contractor with
copies being sent to the contract administration team. These may cover:
Each of the above may be recorded at different times varying from hourly
to monthly. Some records may be available for inspection by the owner,
some copied to the owner and others agreed with the owner.
It is important that the site records requirements are clearly identified
and in place as it is common to refer to them at times of contractual or
quality disputes.
5.36.5 Payments
As money is the life blood of all companies it is essential to lay down the
procedure by which payments are agreed and made. The procedures should
be based on the requirements of the contract and should cover:
timing - monthly, towards the end of the month or event based;
level of support detail required to be submitted with the payment
application;
person and address to whom the payment application is to be sub-
mitted, and any requirement to obtain a receipt on submitting it;
monitoring the progress of the payment including applications for
interest on late payment.
As cash flow is the life line of a contractor's business this is often viewed
as a key procedure for all parties to a contract.
5.36.6 Insurances
Although the checking for provision of insurances by contractorslsubcon-
tractors may be the subject of a management procedure, site procedures
are usually restricted to the manner in which insurance claims should be
handled.
Provision of insurances may include obtaining insurance in joint names,
vetting of the policies by the owner, displaying insurance certificates,
annual renewal of policies, complying with the policy requirements to pro-
vide information to the insurers.
Claims cover serving notice of a claim, keeping records, agreeing and
progressing any remedial work, obtaining payment, etc.
The subject is a specialist area and it is not uncommon to have the
owner's and contractor's experts put this site procedure in place.
W I Project services
5.36.7 Security procedures
All good procedures should clearly define what people are required to do
under the procedure. They often cover the following:
giving of authority to a named person or persons;
giving authority to a person fulfilling a particular job title;
defining the disciplinesltrades of those who can carry out the pro-
cedure;
defining the various duties of those mentioned in the procedure.
Structures are normally prepared which show the reporting lines and duties
for a particular procedure. The structure should cover job title, name of
persons who carry out the job, telephone number and location. Often they
include the names of alternative people who are authorized to carry out the
tasks. In certain circumstances these structures might cover more that one
procedure when they cover a similar topic.
It is not uncommon to have the same individual carry out various jobs
within different structures, but care must be taken to ensure that there is no
conflict of interest between the person's roles. For example, the person
who is responsible for achieving progress of the work should not be
responsible for health and safety.
Having the right structure in place which is not overcomplicated and
which includes appropriately experienced and trained people will support
the smooth running of a project.
Due to the relatively short-term nature of projects and the changing
activities carried out in the duration of a project it is common for the struc-
tures to need regular updates.
5.40 CONCLUSION
Procedures are essential for numerous reason but they must be clear and
relevant in order that they support the project and do not restrict it with
bureaucracy.
BIBLIOGRAPHY
There are many 'definitions' of these two words, which being subjective
often lead to confusion at first encounter. However, as the reader gains more
confidence in the subject, a pattern of similar interpretations will emerge.
The most quoted definition is that given in BS 4778:
I S 0 9003 is the Model for Quality Assurance in Final Inspection and Test.
It applies to companies where conformance of the product to specified
requirements is required to be confidently demonstrated by inspection and
tests on the finished product.
6.6 PROCEDURES
Although the various managers on a project are responsible for the imple-
mentation and maintenance of quality systems within their areas of
responsibility the responsibility for quality rests with everyone on a project.
It is common to appoint a QA engineer to act as a focal point and cata-
lyst for QA matters who will normally be responsible for the following:
There are always two bases for quality improvement: one is the reactive
basis, where problems discovered during audits or other surveillance meth-
ods are recorded, and preventive measures taken to ensure no recurrence.
The second is the proactive, which is more difficult as improvement
implies knowing the starting point. There is, therefore, a need always to
consult data collected with the intent of analysis for quality improvement,
or data that are available that can be used for quality improvement analy-
sis, the proactive being less well defined.
The main tool for recognizing, in a proactive way, the need for quality
improvement, is the production, where possible, of flow diagrams for each
working procedure. The logical sequence can be seen and, therefore, the
expected outcome can be assessed.
1 1 Quality assurance
6.10 THE WAY FORWARD
The future success of all our businesses is in our hands, to win work, to
complete it to the customer's satisfaction, to encourage further orders and
to ensure continuing improvement in business methods. In this search for
improvement the three 'soft' management issues of quality, safety and
environment will rank equally in importance to the traditional 'hard' issues
of cost and schedule.
It is self-evident that a quality job will be a safe job, and noting that BS
7750 for environmental systems is based on the old BS 5750, we have the
basis for considerable synergy by combining the three subjects into one
structure. Purchasers cannot abdicate their legal responsibilities to the con-
tractor; the law now makes the 'employer' responsible. Future work must
be won by competing in all the above areas, and it will be the most efficient
team that wins the business.
BIBLIOGRAPHY
The choice of the type of contract will inevitably vary according to the
owner's requirements and the nature of the project. The more usual types
of contract tend to fall into the following categories which are further
described in Chapter 9 on contractor and subcontractor selection:
turnkey based on lump sum;
lump sum: design and manage;
remeasurement based on schedule of rates lapproximate quantities;
performance contract: design and construct;
cost reimbursable (which can be subject to a target cost).
The above list can only be indicative of the many types of contract in gen-
eral use. Many contracts use a combination of contract types: lump sums
for elements of work for which the scope can be ascertained, while approx-
imate quantities may be appropriate for other elements the scope of which
cannot readily be determined at the time of tender.
Types of contract will vary considerably, depending on the respon-
sibilities to be borne by the parties and the extent to which the scope and
definition of the work can be established prior to tenders being invited for
the work, or the tender accepted. The type of contract may also vary
between the owner and the contractor and the contractor and the various
subcontractors. The selection of the type of contract is discussed in
Chapter 9.
Arrangements between the parties will recognize the risks involved,
which may lead to different contracting methods and the means whereby
these risks can be shared. Such arrangements include joint venture con-
tracts, where two or more contractors agree to collaborate in submitting a
tender, and alliancing, where various contractors and an owner agree to
work together in a cooperative agreement and share risk and savings.
The following is an indicative list of the more usual standard forms of con-
tract used in the industrial engineering industry, which can be regarded as
having been standardized and accepted by the industry:
I The contract
the Institution of Chemical Engineers: Model Form of Contract for
Process Plants: Lump Sum Contracts ('Red Book');
the Institution of Chemical Engineers: Model Form of Conditions of
Contract for Process Plant: Reimbursable Contracts ('Green Book');
the Institution of Chemical Engineers: Model Form of Conditions of
Contract for Process Plant: Subcontracts ('Yellow Book');
the Institution of Civil Engineers (ICE): Conditions of Contract;
the Institution of Civil Engineers (ICE): Design and Construct
Conditions of Contract;
Federation Internationale des Ingenieurs-Conseils (FIDIC):
Conditions of Contract for Works of Civil Engineering Construction;
FCderation Internationale des Ingknieurs-Conseils (FIDIC): Conditions
of Contract International for Electrical and Mechanical Works;
the Institution of Electrical Engineers: Model Forms of General
Conditions of Contract: Engineering Contracts (MFII).
One form of contract which has been well publicized but which has still to be
fully tested is the New Engineering Contract: the engineering and construc-
tion contract issued under the auspices of the Institution of Civil Engineers.
The terms and conditions set out in the form of contract, whether they form
part of a standard form or have been drawn up specifically for a particular
project, are often required to cover a wide range of circumstances. Some
will be peculiar to a specific industry or to a particular type of project.
The principal aspects which need close examination as to the adequacy,
implications and onus of the respective parties and are common to most
contracts are set out in this chapter and comprise:
definitions and interpretations;
scope of work;
responsibilities;
law and statute;
damage, injury and insurance;
subcontracting;
time;
variations (changes);
payment;
testing, take-over and liability for defects;
default and remedies;
suspension and termination;
resolution of disputes.
Terms vary from one contract to another and between standard forms. It is
therefore important to ensure that all the contract documents comprising
Responsibilities 1
the contract use the same terms and definitions throughout. The terms in
the conditions of contract should be defined clearly to avoid any ambiguity
in their interpretation and adopted and used throughout the contract docu-
mentation and subcontract documents.
The clarity of these definitions will assist in eliminating possible misin-
terpretation of the contract arrangements and procedures, thus contributing
to the smooth running of the project.
7.7 RESPONSIBILITIES
7.10 SUBCONTRACTING
Most contractors have found it uneconomic to retain the full range of spe-
cialist expertise necessary to undertake all aspects of a multidiscipline
project. The contractor may therefore need to subcontract some of the work
to other contractors because of the specialist nature of parts of the work,
equipment, engineering or plant to be incorporated.
The owner may require to be involved in the selection and appointment
of these subcontractors and may require particular subcontractor responsi-
bilities or design parameters to be incorporated in appropriate
documentation. These arrangements may involve nomination, designation,
restriction as to selection or other requirements which may involve close
cooperation between the owner and the contractor either prior to or during
the contract period.
In many cases, documentation drawn up by the contractor for the appro-
priate subcontract will reflect the provisions of the main contract between
the owner and the contractor.
7.11 TIME
Delay and disruption to the work is the most frequent cause of claims being
raised by contractors against owners, while delay in completion due to fail-
ure by a contractor is the most frequent cause of action being taken by
owners against contractors.
A failure in performance of a responsibility for design by either party,
may lead to delay in providing the information necessary to enable the
works to proceed. Alternatively the contractor may fail to meet his pro-
gramme requirements by poor progress, possibly caused by delay in the
provision of labour and material or due to his subcontractors or suppliers.
Failure to provide design information, free issue material, plant or special-
ist equipment promptly and correctly is one of the most common causes for
delay, with accompanying financial penalties under the contract. This may
be compounded by errors or omissions in the drawings or other design
information.
Circumstances outside the control of either party such as inclement
weather, national strikes, hostilities, unforeseen ground conditions, may
also prevent the programme from progressing as initially envisaged.
The proper control of these events is necessary if the contract is not to
be frustrated and unnecessary claims submitted. Agreed start and comple-
115211 1 The contract
tion dates are essential and, depending on the size and complexity of the
project, an agreed contract programme may also be either essential or
desirable.
The conditions of contract will contain clauses which recognize the var-
ious circumstances which can adversely affect or vary the work and the
programme. Failure to recognize a change in circumstances and deal with
it equitably and expeditiously can lead to friction between the parties and
possible litigation and arbitration.
Some contracts, where the contractor is responsible for the whole of the
project, will stipulate only the date on which the contractor is required to
commence the work and the date by which the work is required to be com-
pleted and ready for handover by the contractor to the owner. The details of
how the work is to be organized are then left to the contractor to establish
and monitor, although he may be required to submit his detailed pro-
gramme in advance for approval.
In other contracts a detailed programme, rather than just the start and
finish dates, will be regarded as a contract document and may require the
owner's agreement to any alteration. This is often the case where a number
of 'main' contractors for civil, mechanical, electrical, instrumentation and
insulation, are involved and key dates have to be established to ensure site
and work availability for each.
In either case a programme will be required to show the contractor's
proposed method and sequence for the execution of the works. The pro-
gramme may also indicate the proposed sequence and dates for receipt of
key documents and information to be provided by the owner together with
similar details of any plant or specialist equipment for which the owner is
responsible for procurement.
Where materials and equipment are to be provided on a free issue basis,
dates for delivery should be established by the owner and the contractor
advised accordingly. Failure by the owner to meet these dates may cause
delay and incur financial penalty.
In support of the programme the contractor may be required to pro-
vide detailed schedules for individual sections of the work and progress
charts and manning levels for approval by the owner and may subse-
quently be required to update progress charts during the progress of the
contract.
In most cases it is the engineer who is conversant with the development
and progress of the work and who will best be able to communicate in writ-
ing to the contractor those decisions which will determine the smooth
running or otherwise of the contract.
7.12 VARIATIONS
The contract should include terms of payment detailing the procedures for
interim payment, and retention and should state how the final account is to
be calculated and final payment made.
It is usual for the contractor to submit an application at monthly inter-
vals to the engineer indicating the value of the work completed and any
other amount such as establishment charges to which he considers he is
entitled under the contract. In the case of construction contracts this may
include the value of unfixed materials and plant both on and off site.
Supporting documentation may be required in certain instances, the details
of which will depend on the nature of the work.
The contract normally requires the engineer or his representative to cer-
tify the value to which the contractor is entitled. Interim certificates will be
issued by the engineer authorizing payment from the owner within what-
ever period is stipulated within the contract. Delay in receipt of payment to
the contractor may entitle him to interest charges. Alternatively the con-
tract may specify predetermined stage payments rather than monthly
interim payments.
Where there is an amount to be retained against satisfactory completion
of the work, the percentages to be applied for such retention and the condi-
tions and time of release should be clearly stated in the contract.
The maximum period within which agreement is required between the
parties as to the precise value of a final account or the final contract price
may be stated.
Various liabilities commence or are released when certain stages have been
reached in the work. Such stages are usually acknowledged by the issue of
a certificate, which may include certificates of handover and take-over, par-
tial or final completion, maintenance period.
Industrial engineering projects, by their very nature, will require tests to
be conducted both during and on completion of individual installations and
in many cases in relation to a number of separate installations which oper-
ate in conjunction with each other to meet the design parameters of the
project as a whole.
Testing therefore may relate to individual material components, factory
testing of completed items of equipment off site, pressure testing of indi-
vidual sections of pipework, testing of welds or pipe joints, a vast array of
electrical and process control tests and tests of environmental conditions or
quality of finished product after processing. Testing may also be required
for insurance purposes.
Testing needs to be interpreted separately from pre-commissioning or
commissioning, as does performance testing where the whole or part of an
installation requires certain preset specified design parameters to be met. A
more comprehensive description of pre-commissioning and commission-
Suspension and termination IW
ing is given under initial operations in Chapter 2 on the management of
engineering projects. The owner may arrange for commissioning of com-
pleted installations or groups of installations to be carried out
independently or jointly with the contractor(s).
While the specification will set out the procedures and parameters for
testing and commissioning, the contract will set out the obligations as to
how these parameters are to be met and the consequences of failure to meet
them. The responsibility for the provision of fuel for testing and testing
equipment also needs to be stipulated.
Performance testing is usually applicable where the design is the
responsibility of the contractor and can include the running of the com-
pleted plant and the checking of product quality and quantity, feedstock
consumed, use of energy, waste and by-products, environmental conditions
and other aspects such as may be required. In such instances time limits for
the rectification of performance defects must be stated together with penal-
ties for failure.
The documentation required in the form of test certificates, warranties
and guarantees, to enable proper records to be maintained should be stipu-
lated, as will the effect in relation to the guarantee or warranty period and
the extent to which it will apply.
In many cases the awarding of a handover certificate following testing
will establish the date of take-over of the installation or, where applicable,
that part ready for commissioning.
Liability for defects should be defined in the contract together with the
period of time for which such liability is to apply and the length of time
within which defects are to be remedied.
Where the contractor has failed to comply with the terms of the contract,
the owner may have the right to take appropriate action to remedy the
default including, where applicable, having the work completed by another
contractor at the expense of the original contractor.
The manner of serving notice of default and the financial consequences
of the default should be stated.
Where either party to the contract has defaulted to the extent that finan-
cial redress or litigation is invoked, contemporary records will be required
by way of substantiation. Proper record taking procedures should already
have been established but, as soon as potential default situations become
evident, these procedures may need to be reviewed and additional records
kept.
The previous sections relate to the main areas which are common to most
contracts. Individual contracts will inevitably contain clauses required by a
particular owner or a particular project, which may be called supplemen-
tary or special conditions. This title can be important since in law special
conditions take precedence to general conditions, unless otherwise particu-
larly stated to the contrary.
A checklist of the most common clauses is included below. Some, not
all, will inevitably be required:
Due simply to the sheer size of the subject it would be inappropriate in this
chapter to attempt to provide a detailed and comprehensive recital of the
law of contract in relation to indemnities, or advice and guidance on all
forms of insurance needing to be considered by an owner and a contractor
undertaking construction projects.
This chapter is intended therefore to provide information that will be
sufficient to secure a basic understanding and thereafter form the frame-
work for both asking the appropriate questions and making suitable
enquiries.
It is also the intention to confine legal comment to the common law of
England, although recognizing that work undertaken in Scotland and in
other parts of the world may lead to differing legal interpretations.
8.2 GENERAL
8.3 DEFINITIONS
Over the years owners have sought the protection of indemnity clauses that
not infrequently widen the liability that a contractor would otherwise incur,
and have also imposed obligations to insure mainly as an assurance that
there will be sufficient funds to ensure that repairs or reinstatement will be
carried out and without delay.
Indemnity clauses, normally requiring a contractor to indemnify an
owner in defined circumstances, e.g. due to negligence, omission or default
of or even breach of statutory duty by that contractor and indeed others for
whom the contractor is responsible, need to be studied carefully by a con-
tractor at tender stage. The study necessitates the contractor having
sufficient 'internal expertise' or otherwise to seek such expertise, to estab-
lish that such clauses have been reasonably drafted and embrace only
1 162 1 1 Indemnities and insurances
liability in scope and quantum that the contractor feels can be accepted
without jeopardizing the contractor's trading ability. It is important to rec-
ognize that an indemnity clause can be drafted to be so wide in scope that it
may not be possible to secure insurance that will provide a full protection.
Again, as is explained in section 8.5, there is a need to ensure the insuring
obligations are fully understood and are so drafted that they neither introduce
ambiguity nor are so wide that compliance is impossible.
Insuring clauses will require the contractor to obtain insurance that nor-
mally must be evidenced at the commencement of the contract by the
production of certificates or policies of insurance. However, in drafting a
construction contract the owner may decide he will undertake the responsi-
bility for arranging certain insurances and likewise will undoubtedly be
required to produce evidence of that insurance in the same way. Whichever
party does arrange the material loss and liability insurances it is normal for
them to be for the benefit of both parties to the contract.
The extent of the insurance can vary but it is general for at least one
clause to relate to the insurance of the work being undertaken, including
material and goods for incorporation into the work and possible construc-
tional plant. Yet another may specify the scope of the liability insurance
required, very often drafted in general terms that are to the effect that the
contractor will arrange insurance that compensates the contractor for the
legal indemnities the contractor has granted to the owner.
Where such loose descriptions are utilized the contractor may wkll find
that it is difficult or indeed impossible to secure insurance that is fully in
line with the scope of the indemnity being granted. This position has
existed for many years and appears to have been accepted by owners by
default or otherwise possibly in the knowledge that the indemnity clause(s)
are paramount.
An example would be ICE (6th edition) where although clause 23 (third
party insurance in respect of injury or damage) sets out to be specific, the
obligation to insure against 'injury to any person' tends in the more stan-
dard form of public liability policy to refer to 'bodily injury' rather than the
wider term 'personal injury', there being a considerable difference in law
in that personal injury can embrace forms of liability which do not necessi-
tate actual injury to the body.
Where design forms part of the construction contract the indemnity
clause may be sufficiently wide as to seek an indemnity for injury loss or
damage resulting from design failure, including failure to meet the plant
performance requirements as well as defects in materials or workmanship.
Nor is there always a specific reference in the corresponding insurance
clause in the contract to provide 'professional indemnity insurance', and
the public liability policy relied upon may well be limited as to the extent
of cover provided in relation to design responsibilities. That limitation is
generally in the form of an exclusion whereby an indemnity will not be
granted if the injury, loss or damage arises out of a breach of a professional
duty, e.g. the responsibility to design without defect.
It is not unreasonable to state that the arranging of insurances for con-
struction projects (in particular large process engineering projects which
embrace responsibility for testing and possible commissioning) can be a
veritable minefield and that any contractor so undertaking should be satis-
fied that the necessary 'internal expertise' exists, or otherwise seek the
assistance of an insurance broker skilled in the construction industry and
its insurance requirements.
Often too little attention is paid at the time of tendering and award to the
obligations to insure, let alone to a detailed analysis of the scope of the
cover being undertaken. Inevitably this will be to the detriment of the
insured parties if later a major claim or loss occurs.
In the context of the total income received by the UK insurance market, the
construction industry is but a small part and as a result it is unlikely that
the majority of staff of intermediaries (e.g. insurance brokers) and insur-
ance companies will have the knowledge required to adequately advise
owners and contractors undertaking industrial engineering projects.
It would be sound advice to ensure, if an intermediary is utilized, that
the company has considerable experience in the field of construction insur-
ance and a full understanding of the forms of contract utilized in the
industry. It is likely that the majority of insurance companies undertaking
this type of insurance will have specialist staff capable of assisting the
owner, contractor or the intermediary.
8.9 INDEMNITIES
From the very fact that the undertaking of a construction contract involves
an exposure to risk of the contracting parties, there is a tendency in the
drafting of construction contract forms to embrace what are commonly
known as 'indemnity clauses'.
Clauses of this nature are normally drafted within the main contract for
3 the benefit of the owner and similarly for the benefit of the contractor in
subcontract conditions of contract into which the main contractor may
enter as permitted or authorized by the owner. It should be mentioned that
most standard forms of main contract embrace a clause or clauses dealing
with both 'assignment' and 'subcontracting', neither normally being
allowed without the express consent of the owner. In addition, such clauses
may specify part of the terms that must be embraced within any subcon-
tract conditions.
An indemnity clause is one in which one of the parties to the contract
agrees to compensate the other party against certain specified losses in the
event of defined happenings occurring. It should be added that in certain
standard contracts the clause is so drafted that each party seeks an indem-
nity from the other in defined circumstances.
The type of indemnity clause included in construction contracts gener-
ally relates to loss or damage to property both real and personal, to the
death or injury of a person and seeks to secure an indemnity for one party
by another which is not simply confined to claims but embraces all actions,
demands, costs, charges and expenses.
Past case law has shown that difficulty can arise in the interpretation of a
contract where, for example, the indemnity clause relating to property is
not specific in its definition of the property to which it is intended to relate.
The contract may well have a specific clause relating to the contractor's
obligations to carry out and complete the works; this clause does not limit
that responsibility, unlike the indemnity clause, to the negligence of the
1 Indemnities and insurances
To a large extent the indemnity clauses contained within the standard forms
of contract issued in the UK have been amended from time to time to elim-
inate ambiguities that previously existed and to recognize that one party
may not be solely responsible for the event that has resulted in the indem-
nity being sought.
Nevertheless, it is common where the owner calls upon the contractor to
provide an indemnity not to confine that indemnity to the negligence of the
contractor but to embrace persons for whom the contractor is responsible,
e.g. employees and subcontractors.
Without qualification it is likely that such terminology would confine
the widening of the indemnity to the acts of persons for whom the contrac-
tor is responsible under the law of tort. So to counter such limitation it may
be found the clause is worded to ensure there is a full description of such
persons as, for example, in the JCT standard form of building contract
1980, clause 20.2.
It has already been mentioned that companies can prepare their own partic-
ular conditions of contract. In many instances the skeleton of the contract
conditions can be traced back to one or more of the standard forms.
Nevertheless it is advisable to be extremely cautious when being pre-
sented with a 'typed' as opposed to a 'printed' wording on which to tender
where that wording appears on face value to be identical to a standard form.
It is most sensible to query why the owner has taken the trouble to so 'type'.
Such an approach can well mean that minor but significant alterations have
been made to what would otherwise be standard clauses. An example from
the past is the omission from clause 20 of ICE conditions of contract 6th
edition, of clause 20(2)(b), i.e. the excepted risk relating to design.
It has not been the intention, in referring to death or injury to persons,
to specifically differentiate between employees and other persons. The
indemnity clauses in a number of standard contracts will not do so
although an example of separate clauses being introduced is shown in
MFIl clauses 43.4, 5 and 6.
Where indemnity clauses do not define a financial limit it means the
indemnity is unlimited in amount.
It is not possible in this brief guidance to indemnity clauses to set out the
entire legal position but if any party has any doubt as to the extent of the expo-
sure, clearly such indemnity clauses should be referred to for legal advice.
It should be mentioned that indemnity clauses normally are unlimited in
financial terms, unlike insurance policies where limits always apply.
It is hoped this introduction to indemnity clauses will at least have
stressed the need to read carefully and to seek advice when necessary.
It is equally important that a contractor identifies insuring clauses
whether they relate to the work being undertaken or to accidents that can
occur during the construction period. Such clauses must be related to the
indemnities being granted and again a need to ensure there is adequate
internal or external specialist advice to ensure performance.
8.17.1 Subrogation
Subrogation, which is a common law provision, can be defined as the right
which one person has of standing in the place of another and of availing him-
self of the rights and remedies of that other person. The reason for mentioning
this doctrine is that as most insurance policies contain a 'subrogation' clause
there is a tendency to introduce the doctrine into construction contracts.
However, before developing this point it should be mentioned that in
common law an insurer cannot compel the insured to allow him to exercise
subrogation rights against a third party until the insurer has first paid the
claim, unless the policy provides otherwise.
The introduction of a subrogation clause and its specific wording does
prevent the insurer's claim against the third party being prejudiced by
delay. The subrogated claim is incidentally taken in the name of the
insured, it being part of the insured's duty to assist the insurer in the con-
duct of the claim.
In simple terms this form of insurance sets out to indemnify an owner (i.e.
employer) against a claim by an employee for death, injury or illness that
arises out of and in the course of that person's employment.
A typical example of a requirement for the contractor to provide EL
insurance can be found in MFI1 clause 47.5, but ICE (6th edition) is rather
more interesting. The main feature of an EL policy is that the indemnity
relates to the words 'arising out of and in the course of'. ICE attempts to
distinguish between third party insurance and the indemnity in relation to
Types of insurance I
employees. Unfortunately in the 6th edition the words in clause 23 read
'(other than any operative or other person in the employment of the con-
tractor)' so excluding from the obligation to insure 'arising out of or in the
course of' circumstances which form part of the public liability cover.
Mention should be made of the difference in the way wording is drafted
under an EL and a PL policy. In an EL policy the injury or illness must be
'caused' during the period of insurance and in the case of a PL policy the
injury or damage must 'occur' during the period of insurance. In this way
the EL policy provides cover even if the illness, e.g. an industrial disease,
does not manifest itself immediately.
ICE conditions limit the reference to employees in clause 24 to an
indemnity and do not require insurance. Doubtless this is due to the fact
that such insurance in the UK is compulsory.
Since regulations were passed under the Employers' Liability
(Compulsory Insurance) Act 1969 (which itself may be amended),
owners, i.e. employers (with certain exceptions), have been required to
insure their legal liability for injury to employees which arise out of and
in the course of their employment. Hence the possible absence, as has
been mentioned, of a construction contract containing an obligation to
insure.
This demonstrates how varied are the insuring conditions in construc-
tion contracts. Complications may arise in that the definition of 'employee'
in any EL policy can now extend beyond a person under a contract of
apprenticeship or service, which means ensuring there is no gap between
the cover granted under the EL policy and the public liability policy.
Examples would be:
a person hired or borrowed from another employer;
a labour master or a person supplied by him or any person supplied by
a labour only subcontractor;
a self-employed person;
a person supplied by a local authority, e.g. under a work experience
training programme or a youth training scheme.
professional fees;
debris removal;
escalation of value;
automatic reinstatement after loss;
Types of insurance I
expediting expenses;
local authorities' requirements;
immobilization without physical damage of, e.g. constructional plant;
water borne craft;
defective design;
inventory losses;
inevitable damage;
cessation of work;
breakdown during testing and commissioning.
8.18.7 Terrorism
Where the form of contract seeks 'all risks' cover then those words embrace
the risk of 'terrorism'. There is an agreed definition of the term terrorism
such as an act of terrorism having to result in fire or explosion damage.
For insurers to provide cover for large sums insured they normally rein-
sure with the Pool Reinsurance Company with the government
underwriting as 'reinsurer of last resort'. The terms of the reinsurance
granted by the Pool Re. forbid an insurance company subscribing to the
reinsurance to grant terrorism cover for a period exceeding 12 months.
Under a construction contract the requirement to insure the works is nor-
mally for the full construction period. Hence where a construction contract
exceeds a 12-month period there is clearly a breach if the contractor does
not provide the full material loss insurance for the whole period of the con-
tract which will not be possible as the cover against terrorism will be for a
period less than the full construction period.
Certainly the JCT have made provision for this problem by amendment
of their standard forms of contract; but it is necessary to be alerted to this
problem if utilizing other forms of contract.
The Pool Re. announced on the 13 June 1996 that the review of pre-
mium rates undertaken following the ceasefire by the IRA and others was
to be discontinued now that it had been established that the estimated
losses following the South Quay explosion on the 9 February 1996 would
exceed £75 million, being the 'cut off' point at which an insured would be
called upon to pay the 40% deferred premium. The bombing in the Centre
of Manchester immediately after this statement was made by the Pool Re.
makes it clear that the losses the Pool Re. will now be called upon to pay
will greatly exceed the 'cut off' point of £75 million.
1 182 1 I Indemnities and insurances 1
Therefore the concession granted by the Pool Re. applying to EAR and
CAR policies, namely that where only 60% of the premium has been paid
for a policy of short duration and that policy has expired by the time the
Pool Re. recognized losses have actually exceeded the 'cut off' figure then
the insured under such a policy would not be required to pay the balance of
the premium, i.e. the 40% will no longer apply to new policies.
Both MFI1 and ICE forms of contract make provision for the employer, i.e.
owner, to seek a performance bond from the contractor.
Although it has already been stated, performance bonds are not insur-
ance policies and it is important for a contractor to ensure the terms of the
bond or guarantee are fully understood especially that the wording does not
equate with an 'on demand' bond. An on demand bond would normally
allow the beneficiary (i.e. the owner) to call upon the surety to pay the
amount of the bond or other appropriate sum with or without evidence of
the contractor's failure to perform.
The courts have recently been critical of the forms of wording adopted
partly because of their lack of clarity, and changes can well be envisaged.
For example, someone may well ask why the contractor has to be jointly
bound under the bond.
It is also interesting to study the attitude of the banks and insurance
companies towards bonds. The banks tend to require 'financial certainty'
so that once the call on the bond is shown to be in accordance with the
wording the demand can be honoured. Insurance companies, on the other
hand, wish to secure the full benefits of a 'surety' to the extent of under-
taking performance if necessary. This distinction in approach mainly
results from banks not wishing to undertake the full responsibilities and
duties of a surety, arguing that such responsibilities and duties are not
part of the skills they wish to possess or perform. Insurers, on the other
hand, not normally being in a position immediately 'to debit an account'
with the amount of any financial guarantee paid, prefer to have the right
to undertake the full duties of a surety and if necessary complete the per-
formance of the work rather than simply meeting a financial claim under
the bond.
Care must equally be taken in studying the 'counter indemnity' required
by the 'bondsman' either from the contractor or, if the contractor is a sub-
sidiary company, possibly from the contractor's parent company.
Performance bonds, although the primary form of bond, are not the sole
form and, for example, bonds can be granted in return for the release of what
would otherwise have been retention moneys and also for advance payments.
1 Indemnities and insurances
Mention has been made that performance bonds are not policies of insur-
ance, but as it has been seen suitable to refer to such instruments and
indeed to counter indemnities, mention shall also therefore be made of
'parent company guarantees'. Where a contractor has no parent company
then such guarantees are inappropriate. Equally, parent companies are ret-
icent about guaranteeing the performance of a subsidiary, partly because
this is a financial exposure to the group of companies that is not wel-
comed.
Nevertheless there are circumstances where in order to secure the award
of a contract a guarantee of this nature is given. That guarantee may or may
not be in addition to a bond issued by a surety.
There is a tendency to utilize the term 'guarantee' loosely but in law a
guarantee is given on behalf of another party, it not being possible for a
contractor 'to guarantee itself'. A parent company guarantee can also be
known as a group company guarantee.
With the severity of loss made by the insurance market in the early part of
the 1990s the need for a contractor to demonstrate the capability of its
directors and staff to manage 'risk' has become more and more of a key
factor not only as a sensible way of running a company but also in being
able to secure reasonable insurance premiums. The board of any construc-
tion company should be well aware of this subject and indeed ensure risk
management is fully practised.
It can be argued that risks have always been managed but this concept,
now known as risk management, concentrates a board's attention on ensur-
ing risks to which the company is exposed are identified, their elimination
or reduction designed and controlled thereafter.
In particular, attention should be drawn to the Joint Code of Practice on
the Protection from Fire of Construction Sites and Buildings Undergoing
Renovations; insurers are likely to import the operation of this code into all
risks construction policies and not necessarily confine it to buildings but also
extend it to other forms of work. The code is normally only enforced where
the original contract price exceeds a figure selected by the particular insurer
as the minimum valued contract to which the underwriter will apply the
code. Insurers tend not to apply the code to the smaller valued contract but
there is no 'market' agreement to the minimum value which will be applied.
This code in conjunction with the CDM regulations will certainly impose
upon both designers and contractors very strict duties and obligations.
The CDM Regulations (The Construction [Design and Management]
Regulations 1994) came into force on the 3 1 March 1995 and are possibly
the most far reaching Health and Safety regulations influencing the con-
struction industry that have ever been promulgated by Parliament.
Bibliography
1 1187 1
8.21 CONSTRUCTING THE TEAM
1 BIBLIOGRAPHY
safety;
functionality;
programme;
customer satisfaction;
cost;
third party issues.
The above factors cannot all be of equal importance and establishing their
relative merits and agreeing upon a hierarchy creates a framework for deci-
sion making throughout the project. The first set of decisions may well
involve converting the aims into objectives, by setting units and means of
measurement, parameters and time scales. These, in turn, are the founda-
tion for value engineering and risk management.
Armed with objectives and alerted to probable risks and sensitivities,
the team undertaking the evaluation can establish selection criteria against
which to assess the suitability of potential contractors and subcontractors
which may include:
relevant experience;
availability of resources;
in-house capability;
safety record;
quality assurance accreditation and systems;
current and projected workload;
financial stability.
9.4 PRE-QUALIFICATION
The relative importance attached to each of the various factors will depend
on the nature of the project. In certain cases, some of the above may not
apply at all.
In preparing the pre-qualification document care should be taken to
ensure that the questionnaire is clearly worded, contains appropriate ques-
tions and that the information requested is capable of being positively
assessed.
Having prepared a pre-qualification questionnaire contractors on the
long list are invited to respond within a set time scale. Much of the
requested information is standard and 7 to 14 days should normally be ade-
quate. In cases where comprehensive information is required, perhaps
involving joint venture or complex subcontract agreements, then a longer
period of up to 28 days may be necessary.
Replies should be logged, acknowledged and checked for compliance.
Those organizations not providing all of the requested information or not
responding by the due date should not be surprised if they are not selected
to appear on the resulting short list.
The contractor should be able to demonstrate that it has the technical capabil-
ities required for the work including, where appropriate, design capability
and that it complies with the stated qualifying requirements (e.g. inclusion on
an approved list, members of professionalltrade organizations, etc.)
Inclusion on an approved list means that the company has given details
previously which have been considered satisfactory for inclusion on that
list. In some cases the procurement rules of statutory bodies will require
inclusion on approved lists which will automatically override the neces-
sity to provide certain basic details; the EC has such a requirement in its
rules which allows contractors to gain details and express an interest in a
project.
Membership of professional or trade organizations means that a com-
pany is affiliated to that organization and operates under its guidance.
9.5.3 Experience
Experience of similar projects
Experience of similar projects means the company has gone through the
learning curve and tackled some of the problems that are likely to occur.
However, caution must be exercised to ensure that companies which have
the necessary skills, experience and adaptability, but which do not have
experience of work precisely like that of the proposed project are not
immediately rejected.
This broader outlook cannot be taken to extremes, and where there are
particular specialities which are critical to the success of the project then
the firms invited must obviously be limited to those who have the requisite
skills. It should, however, be remembered that an alternative approach may
Evaluation criteria 1
be to allow subcontracting of some specialist activities if the prospective
main contractor stands out as being exceptionally experienced, or has a
good track record, or is highly qualified in other areas.
The extent and nature of each firm's involvement in these areas of expe-
rience is important. For example:
If the firm was involved in a joint venture, was it as a principal or as a
subsidiary?
Did the firm have primary responsibility, or a supporting role for a
particular aspect?
Was the experience quoted that of the firm, or of an individual gained
before joining the firm?
Was the project successful/unsuccessful and why?
Auditing and checking of experience on similar projects should be under-
taken to establish its validity together with the success, or otherwise, of the
project and general project history.
Key personnel
Curricula vitae of key personnel may be requested, together with an organ-
igram of a typical management team in order to judge a contractor's
management philosophy.
The company should be able to manage the manpower and plant require-
ments for the project. If they have already committed their resources and
experienced supervision to other projects it would be unwise to consider
1 C~ntract~r/~~bc~ntractor
selection
them further. Even if they were able to carry out the work by using
resources other than those directly owned by them, such as by subcon-
tracting, it may be that their management, planning and coordination
resources would be stretched to an unacceptable level and the project
suffer.
Company management structures should be studied to ensure adequate
reporting relationships between senior supervisory personnel and other
levels of management. The availability and depth of experience of perma-
nently employed key supervisory personnel could be crucial to the success
of the project. The stability of the company's supervision and workforce
should also be taken into consideration.
The company's current and future workload should be investigated to
establish that the necessary resources will be available for the project.
Overcommitment can cause problems.
The company should be requested to identify those elements of the work
that it traditionally subcontracts to other companies.
9.6 SHORTLISTING
Thus, the highest four, five, six or seven organizations from the selection
matrix are advised that their pre-qualification submission was well
received and asked to reconfirm their interest in tendering.
This is not a legal requirement and where supplied will usually contain
information relating to:
9.7.6 Profitability
The basic indicator of profitability is the 'return on capital employed',
I
which is calculated by dividing trading profit by capital employed and
expressing it as a percentage.
Other indicators which show strength or weakness in this area are 'profit
margin', which is trading profit divided by turnover as a percentage and
'asset turnover', which is the ratio of turnover to capital employed.
A final indicator concerned with profitability is 'trading profit per
employee' which is calculated by dividing the trading profit by the number
of employees.
9.7.7 Liquidity
The key ratios here are collection period; stock turnover rate; working cap-
ital and sales; current ratio; and acid test ratio.
'Collection period' is an expression of the speed with which accounts are
paid and is equal to the value of trade debtors divided by turnover times 365
days. 'Stock turnover rate' is a measure of the level of stock needed for a
given turnover and is calculated by dividing the cost of goods sold by clos-
ing stocks. A high stock turnover rate is desirable as this indicates that stock
levels, and therefore currently dead capital investment, can be kept low.
'Working capital to sales ratio' gives an indication of the probable addi-
tional cash which must be obtained if turnover is increased. This ratio is
equal to working capital divided by turnover. If the ratio year on year is
falling this indicates that the company may be overstretching itself in its
expansion plans. The result can be failure to pay short-term creditors in
order to free cash for expansion. This is a quick route to financial disaster
and is to be avoided at all costs.
'Current ratio' is the ratio of current assets to current liabilities. A ratio
of more than unity indicates a surplus of assets over liabilities. A corbpany
with a current ratio of 1.5 is generally considered to be a good credit risk
and therefore fairly secure.
'Acid test ratio' is similar to the current ratio except that it disregards assets
which cannot be readily converted into cash such as stocks. The acid test
shows what the result would be if the company had to settle with creditors and
debtors immediately. If the ratio is less than unity this would not be possible, a
low and declining ratio often indicates a rising overdraft; the question to be
asked then is whether the company's bankers are likely to be happy.
There is no 'normal' level for either 'current ratio' or 'acid test ratio' due
to the number of variables involved. The best use of these ratios is to estab-
Examination of reports and accounts I
lish a normal level for the company and look for a recent drop below this
norm which would suggest decreasing stability.
9.7.8 Solvency
Solvency relates to the ability of a company to meet its longer term com-
mitments as opposed to liquidity which relates to short-term commitments.
In trying to establish the level of solvency of a company two ratios are nor-
mally calculated, namely 'gearing' and 'interest cover'.
'Gearing' is a measure of the borrowing levels of the company and can
be expressed as the ratio of long- and short-term loans to the total capital
employed in percentage terms. Borrowings of up to 50% of capital
employed are normally acceptable in the engineering industry.
If gearing is high it means that the company is at the very least close to
its total borrowing limits and that it may even be overcommitted.
'Interest cover' is a measure of trading profit against interest charges. If
the ratio is less than unity this means that interest charges exceed profits
and therefore if the charges were to be met then further capital would need
to be raised, for example, by sale of assets or by a rights issue. In practice,
this situation would suggest that the profitability of the company is so low
that it is really pointless to continue trading unless the award of further
guaranteed profit-making contracts is imminent.
Financial limits
The company should be able to undertake the financial investment required
for the project. Financial resources should not be stretched to the limit
either by the size of a particular project or by other projects that the con-
tractor is already committed to.
Banking details
Reference from the company's bank should be sought to establish the cur-
rent up-to-date financial situation and lending facilities available.
Insurances
The company should give details of its insurance cover in connection with
employers' liability, public liability and professional indemnity to establish
and confirm its suitability and capacity to undertake the work or to see if
alterations to the levels of cover are required.
I 202 1 ( Contractorlsubcontractor selection
Lump sum
(with schedule of rates)
RemeasuremenVapproximate
bills of quantities
Target cost
7
Management contracting
(d) construct~on/
Approach 4: Turnkey
(a) concept design/
performance specification1
contract documentation
(b) tender period1
Lump sum
All relevant design information is totally completed prior to it being
handed over to the contractor who quotes a 'lump sum' for carrying out the
works. A schedule of rates may be included in the enquiry to evaluate
unavoidable change or extra work.
Target cost
Design incomplete at enquiry stage and completed as the work progresses.
The work is commenced against a 'not to exceed' budget with incentives
for working within or below budget and perhaps for early completion.
Management contracting
All preliminary or conceptual design information and criteria relating to
performance requirements is handed over to the management contractor
who manages the project from start to finish. The management contractor,
who may be employed on a lump sum or reimbursable basis, arranges dis-
cipline tender packages and supervises work to completion. Contracts for
supply of equipment, materials or construction work may be placed by the
management contractor for and on behalf of the owner, or alternatively,
11 Contractor/subcontractor selection
may be directly subcontracted by the management contractor. In this latter
case the construction costs would usually be reimbursed to the manage-
ment contractor.
Reimbursable
Design incomplete at enquiry stage and completed as the work progresses.
Costs are fully reimbursable with the contractors having a mark-up or lump
sum(s) for profit and overhead, etc.
9.10.1 Objectives
The tender document, issued to those on the tender list, must be thd same
for each tenderer and should contain all the information necessary for the
tenderer to appreciate the full extent and content of the work. The tenderer
must be given sufficient time to analyse, complete and return the tender by
the stated time with all the information requested.
Tender documents vary in their content according to the scope of work,
type of contract, form of agreement and selection criteria. The following may
be regarded as typical of the documents prepared by the procurement team:
1. covering letter;
2. introduction;
Tendering process I
3. instructions to tenderers;
4. form of tender;
5. general conditions of contract and form of agreement;
6. special conditions of contract;
7. specification:
scope of work;
general;
technical including drawing package;
site conditions and regulations;
safety and fire regulations;
8. project master schedule;
9. contract sum analysislschedule of rateslbills of quantities;
10. forms for bondslparent company guarantees, etc.
method statement;
programme, cash flow, labour histogram;
management structure;
curricula vitae for key personnel;
track record information;
safety plan;
quality plan;
proposed subcontractors or joint venturers;
any design information required;
update of new contracts awarded or bid since pre-qualification.
Open tenders are utilized when obtaining prices for small elements of
work, materials and equipment where there is no necessity for confiden-
tiality. Tenders are requested with a 'guide' date for their return. It is
normal to include address labels, but purely for the convenience of return-
ing the tenders to the interested party.
There is no official opening as tenders may be received before, on or
after the 'guide' date. Tenders, however, should be logged in and a brief
analysislcomparison completed on receipt of all the tenders. This analysis
should be placed on file for audit purposes.
9.12 EC DIRECTIVES
The European Union (EU) may be regarded as a political body that uses the
European Commission (EC) as an executive body. Thus the EC issues
directives on behalf of the EU. The EC directives aim to open up trade
across Europe for suppliers and allow purchasers to realize potential sav-
ings by the introduction of fair competition.
EC directives I
The directives and their embodiment into UK law (as at October 1995)
are as follows ( values are originally in ECUs therefore sterling values are
approximate):
9.13.10 Programme
In many contracts the completion date is an obligation but the programme
to achieve it is not. A proposed programme is usually required to be sub-
mitted with the tender establishing key dates, phases, durations, etc. for the
proposed works. This is the key to establishing project controls as well as
demonstrating the tenderer's understanding of the project. The assessor
would need to check this outline programme to see that it generally meets
with project requirements, delivery dates of material and equipment and
the work of others.
Once approval has been obtained to the award of a contract from the vari-
ous project and corporate managers, co-venturers, etc., the contract
documents will be assembled and listed.
Depending on the number of modifications and amendments made to the
original tender enquiry, the contract may comprise the priced tender docu-
ment, together with reference to, or copies of, all documents recording
such modification/amendments. However, a heavily amended contract can
be difficult to interpret and use and it is frequently preferred that a 'clean'
copy of contract is produced, in which the modifications/amendments are
incorporated into the body of the document.
9.15 CONCLUSION
It can be seen from the above that detailed evaluation of potential tenderers
is a complex process of great value if tackled properly. It depends to a great
extent upon the experience of those performing the task, not only in the
evaluation itself but in deciding what factors to consider and allocating rel-
ative importance to each.
It is probably true to say that if two teams of people were to evaluate a
set of companies they would produce two different lists, if not in respect of
the names included then certainly in the order of preference. Advance
preparation is essential if a correct assessment is to be made and adequate
auditable records of the decision making process produced and maintained.
The use of a compliancy matrix and evaluation matrix is highly desirable
Conclusion I
and the items listed should be given a relative weighting if possible, but at
the least should be classified as 'essential' or 'desirable'.
The stability of any structure, whether it be physical or organizational,
depends on a firm foundation. In terms of project management the founda-
tion of a successful implementation phase is the selection of the correct
contractor. To achieve this, it is essential to carry out a thorough evaluation
within a structured selection process.
Procurement
of Materials
and Equipment
Downshaft pumps in
water ring main,London,
England.
Throughout all industries there are five guiding principles that govern the
procurement function: they are known as the 'Five Rs':
1. right quantity;
2. right quality;
3. right supplier;
4. right price;
5 right time.
To ensure compliance with these principles, the procurement function nor-
mally comprises the activities relating to purchasing, expediting,
inspection and shipping. In addition to these activities is material control,
which is considered in Chapter 5 , Part 4 on material control. The procure-
ment function is responsible for ensuring that all equipment and materials,
together with associated drawings, documents and data are delivered in
such time as will enable the engineering, construction and commissioning
programme to be met and subsequent plant operations carried out. ,
10.3 REQUISITIONS
The term 'procurement cycle' is frequently used to describe the time taken
from the identification of a material or equipment requirement to the place-
ment of a purchase order. The cycle is established at the planning stage of a
project and delivery periods estimated, so that the programme of requisi-
tion production can be formulated to meet site delivery requirements.
Drawings and data from a supplier may be critical to the design; deliv-
ery dates of the hardware may not therefore be the only controlling factor.
Activities within the procurement cycle are normally as follows:
The ~rocurementteam I %1
receipt of enquiry requisition (by procurement);
pre-qualification of bidders;
issue of enquiry;
receipt of tenders;
shortlisting of tenderers;
commercial and technical analysis of tenders;
preparation of bid summary;
receipt of purchase requisition (by procurement);
placement of purchase order.
Time taken for each of the above activities depends on the complexity of
the equipment and materials to be purchased, however, standard times are
agreed for planning purposes.
Standard times will run from completion of the previous activity and
may be based on a typical enquiry for a packaged equipment item. For
bulk materials, times will be reduced considerably, and for major or
complex equipment items, times will increase, especially when the sup-
plier is required to carry out design work to comply with tender
requirements.
The procurement role on a project starts at the commencement of the
detailed planning stage. The procurement cycle and individual delivery
periods will be incorporated into the planning schedule, to ensure that
design information and the materials or equipment items are available to
meet design and construction requirements. This exercise not only
checks the validity of the overall programme (design and construction),
but also enables planning of required procurement manpower to take
place.
10.6 EU REGULATIONS
The EU directives that cover purchasing in the oil, gas and certain other
industries are enshrined in UK legislation through the Utilities Supply and
Works Contracts Regulations 1992. This legislation covers the method of
establishing a supplier qualification system and how the purchasing
process is governed to ensure full and fair opportunity for companies from
all EU countries. The rules cover the advertising of requirements, selection
methods for tenderers, method of enquiry, evaluation criteria, award notifi-
cation and required records. Reference should be made to Chapter 9 on
contractorlsubcontractorselection where the major aspects of this legisla-
tion are outlined.
Procurement work has increased due to the implementation of this legis-
lation. The legislation is both complex and vague, which has resulted in a
variety of approaches being adopted by different companies. However, it is
important to note that the legislation only covers utilities (oil, gas and
water companies) and not contractors purchasing in their own names.
10.7 COMMUNICATION
Material certificates, type test certificates and the like will be of limited
value if the material or equipment to which they apply cannot be identified
in the construction site store or in the completed project. Allied to the need
for certification from suppliers is the need to be able to maintain material
traceability. With bulk materials such as steel plate or pipe, reference num-
bers equating to those marked on the relevant certification can be 'hard
stamped' on the items. Such markings are known as heat numbers and are
repeated when the material is cut into smaller pieces. For equipment items,
tag numbers will be affixed either on nameplates or to metal tags. Both
Spares and special tools
I
methods allow ease of traceability once installed so that if there is failure or
other problems, the original supplier can be identified and the source of
material traced.
10.11.1 Spares
There are three major types of spares: commissioning, insurance and oper-
ating spares.
Commissioning spares are usually purchased either at the same time as
the main equipment or separately during the manufacturing phase, but
often on the same order. Typically these spares are items that may need
immediate replacement during commissioning, i.e. gaskets, bulbs, filters,
bolts, etc., which are of low value. Depending on installation requirements,
these spares are delivered either with the main equipment, or immediately
before commissioning takes place.
Insurance spares are, as their name suggests, purchased to provide insur-
ance against a major problem with a piece of equipment. They are typically
purchased where the cost of a major breakdown would lead to an intenup-
tion in output, thereby causing serious financial loss. Types of spares in this
category are spare rotors for main oil line pumps, spare jibs for platform
cranes and spare turbines for either compressor or power generation pack-
ages. Typically, such items have lengthy lead times and are often of high
value. As with commissioning spares, such items are either purchased at
the same time as the main equipment (but with a later delivery date) or on a
separate purchase order.
Operating spares are initially for either one or two years' operation;
these are traditionally purchased separately from the main equipment and
quite often are purchased by the owner direct, rather than by the project
procurement team. Orders may be placed later than the main equipment,
with deliveries taking place immediately before plant startup. Initial oper-
ating spares are only purchased direct from the equipment supplier for the
initial requirement, for further ongoing needs items are bought direct from
the manufacturers.
The cost of all types of spares should be taken into consideration when
making the original supplier selection, as high operating costs can out-
weigh any initial advantage on initial capital cost. Due to the high cost of
spares, both in capital investment and storage expenses, suppliers are now
being persuaded to store spares at their cost, rather than expect the owner
to purchase and store.
10.14.1 Evaluation
The pre-qualification questionnaire addresses general company details,
finance, experience, references, capabilities, resources, QA, safety, etc.,
and each question can be scored or weighted as required. For evaluation of
responses, either an objective or subjective method can be used. With an
objective method each question is scored (normally out of 10) and a
weighting given to reflect relative importance. Of the three principal areas
to be assessed, points to be covered are as follows:
1. financial: last three years' accounts, bankers, parent company details;
2. technical: product range, previous projects, design and testing facilities;
3. resources: manufacturing details, location, types of personnel, equip-
ment, etc.
10.16 ENQUIRIES
10.16.1 Technical
10.16.2 Commercial
Once issued, any queries from tenderers relating to the enquiry will be
routed to the applicable buyer, who is responsible for their prompt answer.
Any answers to queries that affect all tenderers will be issued as an enquiry
bulletin and issued to all tenderers. Requests for extension to tender return
dates will only be granted if programmes remain unaffected and where sev-
eral tenderers are making similar requests.
Where enquiries have been issued on a 'sealed tender' basis then all
such tenders will be opened at the same time and an initial record of prices
made. The level of sealed tenders varies between companies but most ten-
ders with a value more than £50 000 will be subject to this procedure. For
low value enquiries, tenders can sometimes be accepted by fax to speed
order placement.
Once opened, copies of tenders are distributed by the buyer to the vari-
ous specialists for their technical analysis that continues in parallel with
the commercial evaluation.
Where several companies have submitted tenders, it is usual to shortlist
one or two companies at an early stage, to speed up the selection process.
Once this has been accomplished by way of an initial analysis and agree-
ment with the tender assessment team, the buyer will concentrate his
analysis on the shortlisted tenders.
10.16.3 Analysis
On completion of the short list, the buyer and engineer will produce sepa-
rate detailed analyses of the tenders. Any queries with relation to the
tenders will be addressed to the tendering companies and replies will be
included in the necessary analysis. Although the commercial and technical
analyses are produced separately, a joint recommendation is made on com-
pletion, i.e. the best commercial offer that is technically acceptable. Apart
from reviewing the initial capital cost the commercial analysis will also
address the following items:
price validity;
delivery period;
spares;
capacity;
financial stability;
ancillary costs.
In addition to the above, any qualifications to terms and conditions, war-
ranty period, terms of payment and the like will be considered and the
effect on the purchase order evaluated.
Where necessary, meeting(s) will be held with tenderers to clarify both
commercial and technical aspects of bids, so that a comprehensive recom-
Expediting and inspection I
mendation to award can be made. The buyer will arrange and chair such
meetings and will ensure that minutes of meetings are produced and agreed
with the tenderers. Normally tenderers will be required to delete any of
their standard supply conditions which may have been included in tenders.
10.16.4 Award
Once the analysis has been approved, the buyer will prepare a tender report
and purchase order for approval and signature. The order will reflect the
costings contained in the analysis and any technical agreements reached
subsequent to enquiry issue. Orders are signed and issued once the neces-
sary purchase requisition has been received from the engineer. If a
pre-award meeting is necessary, this will again be arranged by the buyer
and agreements reached reflected in the actual purchase order. Two copies
of the order will be sent to the supplier, with one copy acting as the official
order acknowledgement to be signed and returned to the buyer.
Any change of a commercial or technical nature to equipment or materi-
als after an order has been placed, will be covered by the issue of an
official amendment to order. The buyer will normally retain responsibility
for the administration of the order through to order close-out.
10.17.1 Expediting
10.17.2 Inspection
Inspection can be regarded as an industry assurance service in that its func-
tion is to ensure that what has been ordered is in fact what is supplied and
delivered. In a perfect world such a service would not be required and
items delivered would be to the correct specifications and quality; unfortu-
nately this is not the case and inspection is required to 'police' the
manufacture of purchased materials and equipment.
Inspectors will typically have a manufacturing or engineering back-
ground and particular practical and technical skills and qualifications. It
may be necessary to employ third party inspectorates to undertake
inspection on behalf of a purchaser when the item to be inspected is of a
specialist nature, or due to the geographical location of the manufacturer.
Inspection establishes acceptability of materials and equipment through
compliance with design, destructive and non-destructive testing and pres-
sure, proof, load, burst, performance, functional and operational testing
practices supported by relevant certifying statements.
Inspection is required not only to satisfy the requirements of the purchase
order but also to ensure compliance with statutory regulations. The level of
inspection to be applied depends on the nature of the requirement and on the
complexity of the equipment and the criticality of the item to the project.
Therefore, bulk materials are usually subject only to a final inspection,
while a compressor package will be inspected at various stages throughout
the manufacturing and testing process. To achieve this a manufacturing
quality control plan is produced by the supplier for approval, which alerts
the supplier to the level of inspection required during the life of the order
and which contains witness, hold and surveillance points at which inspec-
tion is required before continuing with manufacture or delivery.
Inspection by the purchaser should not be allowed to erode the supplier's
responsibility to ensure that what is manufactured is to the required quality
and specification. Reports are produced after each inspection visit to high-
light problem areas and to serve as a progress check on the order. On
completion of manufacture, the equipment will be inspected against final
approved documentation and if acceptable, an inspection release note will be
issued allowing preparation for shipment. If problems exist, a 'punch-list' of
items requiring rectification or completion will be produced by the inspector,
and the supplier will be required to clear this list before reinspection.
Shippingitransport insurance 1 1 231 1
As part of his activities, the inspector will check all appropriate certifi-
cation and documentation and ensure that completed data dossiers comply
with project requirements.
10.18.2 Packing
Any special packing, packaging and labelling requirements will be covered
in the purchase order and will take account of site conditions, storage, etc.
For offshore projects, export packing is often specified so the equipment
can be stored safely for several months. Unless packing requirements are
specified by the purchaser the supplier's standard is usually accepted.
BIBLIOGRAPHY
When a plant is built, the costs for the design and construction are usually
made available from a capital budget for investment in new assets. One
feature of the design phase is the consideration that must be given to future
running and maintenance aspects. The owner's loss in production, and
therefore earnings, during a shutdown can be enormous, and maximization
of reliability and reduction of maintenance effort must be incorporated into
the plant design. This is a subject in itself and is not covered here.
The plant will be built by a construction team, usually through a con-
tractor, who will then hand over the plant to the commissioning team.
Commissioning means starting the plant up and running it under normal
operating conditions to check that the construction and the process con-
form to the specification and design. Commissioning work is very
specialized and complex and will not be dealt with in this document. The
costs of the commissioning phase form part of the capital budget.
Once the plant is producing and meeting the process specification in
quantity and quality, the plant is handed over to the organization which will
operate and maintain it on a day-to-day basis. This organization is nor-
mally the owner, but may be a separate company which operates the plant
without owning it. From this point onwards the costs are not capital costs,
but are 'operating' or 'revenue' costs.
A budget is normally set aside each year to cover the running costs of
the plant, part of which is the operating cost, i.e. salaries for the operators,
electricity, oil, gas and water to keep the plant running, and the feedstock
which is the raw materials from which the product is made. The other part
of the operating budget, and the part with which this chapter is mostly con-
cerned, is the maintenance budget. This is the money required for repairs
to, and servicing of, the plant.
Maintenance can be further split into two subsections; the first is
where the repairs and servicing can be carried out while the plant is still
running and producing; the second section is where the plant must be
stopped and made safe before the repairs and servicing can be performed.
There are many names for each type of maintenance but we will distin-
guish them here by calling the first 'routine maintenance' and the second
'shutdownsy.
In the past, the generally accepted principle for maintenance, either rou-
tine or shutdowns, was to carry out preventive maintenance, the theory
being that if equipment was kept in the best working order then the inci-
dence of breakdown would be reduced. The current thinking, which is
reported to have started in the USA, is that some aspects of preventive
maintenance make it a very expensive and unreliable method of risk pre-
vention, and that it is more cost effective to repair equipment only when a
breakdown occurs. ('If it ain't broke, don't fix it,' is the US catch phrase
for this concept.)
Introduction 1 1 237 1
11.1.2 Routine maintenance
Again there are several alternative names given for shutdowns. Common
names include shutdown, outage, overhaul, turnaround, stop or other epi-
thets. In this case we will consider all to mean the same, although some
organizations and indeed individuals have different meanings for each.
Some consider a shutdown to be only when the plant is stopped finally
ready for dismantling, while others consider a shutdown to be when the
plant stops unexpectedly. It again depends very much upon the individual.
Planned shutdowns are necessary where maintenance work cannot be
done as routine maintenance while the plant is running. Examples of this
are furnaces or boilers in power stations and distillation or fractionation
towers in refineries. In many cases shutdowns are not required by the
owner or even as a requirement of the process, but are actually to conform
with statute. There are different laws governing various sectors of industry,
but generally these laws have evolved to ensure that the operators and/or
the public are safeguarded from failure of any equipment and subsequent
leakages or explosions. One of the main operations carried out during shut-
downs is therefore mandatory inspection to comply with these laws.
Many processes cause fouling of equipment and this must be cleaned
regardless of legal requirements. Another common reason for shutdowns is
to incorporate improvements in process or debottlenecking of plant. As the
strength of a chain is dependent on its weakest link, so the throughput of a
plant is governed by the most constrained item of equipment. This is
known as the bottleneck. Debottlenecking is the removal or reduction of
these constraints (this cannot be repeated ad injnitum as the plant is only
designed to a certain capacity and continual upgrading becomes less cost-
effective).
The timing of a shutdown is normally governed by statute and market
forces. The law may possibly be stretched by formally applying for a delay,
but market forces may not. It is usual to plan well in advance when the next
shutdown will take place. All jobs which cannot be completed with the
plant running will then be listed as possible jobs for inclusion in the shut-
down works. Work on the shutdown will be limited as far as possible, to
minimize loss of production and profit. The shortest shutdown period is the
optimum target.
11.2 PLANNING
11.2.5 Constraints
Process plants are generally very congested with pipework, cabling and
equipment. The efficiency with which work can be carried out is very
much reduced in comparison with the construction of a new plant. In addi-
1 242 1 I Operational maintenance I
tion, on some plants, the nature of the chemicals and gases contained in the
process are extremely hazardous to health, and exposure to them is only
permitted for a limited period even with protective clothing and breathing
apparatus.
The nature of work on live plants, such as working within vessels and
towers which are very cramped, and the requirement to have another
person standing by outside for safety reasons, and for working in protective
suits with breathing apparatus, are all components of very inefficient work-
ing. Other constraints include evacuation of the area prior to radiography
of welds, restrictions on flame cutting of pipework or steel, the use of non-
sparking tools and welding only in appointed safe areas, all of which must
be evaluated when planning the work.
The above situations, to varying degrees, are all present in process
plants and it is the planner's job to calculate how each situation affects the
man-hour norm and productivity. Each plant or part of a plant will have a
different factor to apply to norms to develop an accurate overall plan. An
accurate estimate of price is extremely difficult.
11.2.6 Coordination
As with a new project, a programme must be developed for all the known
maintenance work. Should a breakdown occur, or exceptional maintenance
be required, this programme may have to be temporarily abandoned for the
more critical work to be performed. This often requires the involvement of
more than one contractor. For one mechanical job to be executed there is
frequently a requirement for scaffolders, insulators, electrical contractors,
inspectors, painters and non-destructive testers. The operation of these
contractors must be strictly coordinated to minimize the time taken by each
and the interference with others. Even when a job is critical, the time taken
by the planner to produce a programme is more than saved by the increased
efficiency of the coordinated working.
The provision of materials, spares and components all must be planned,
pre-ordered and expedited to ensure the work is not delayed.
All contracts for maintenance work should address the amount of coor-
dination required between contractors and with the owner and should make
allowance for unforeseen incidents which necessitate flexible working.
11.3.1 Estimate
The estimate is a prediction of the final cost of work. In its preparation it
requires a blend of experience, historical data and a forecast of commercial
conditions applied to a technical understanding of the work.
Estimating and budgeting I pi
The accuracy of the estimate will depend upon the level of technical
definition, the quality of the estimating data and the assessment of the risks
inherent in the maintenance work including realistic allowances for
unknowns.
11.4.1 Introduction
11.4.4 Shutdowns
To prevent unnecessary loss of production it is essential that shutdown
time is kept to a minimum with as much preparatory work as possible
being performed before the plant stoppage. Any shutdown contract should
be flexible and require the contractor to supply additional resources for any
extra work arising as vessels are opened and inspected. The contractor
would still be required to finish the work without an extension of time.
Shutdowns are either those planned for maintenance or the unplanned stop-
page of plant resulting from breakdown.
Shutdowns resulting from planned activities can be accommodated into
a form of contract where control can be applied through a schedule of rates
andlor reimbursable costs. Lump sum contracts are rarely successful due to
the probability of emergent work on opening equipment. Unplanned shut-
downs may require a totally flexible approach where a reimbursable
contract may be the only option.
Term contractors
Existing term contractors can be used for work on shutdowns. However,
there may be a danger of duplication of resources, i.e. payment by man-
hours on one contract while the same is being paid on a schedule of rates
elsewhere. In addition, term contractors may not have the resources or
skills to carry out shutdown work.
Partnering
Reference should be made to partnering as described elsewhere in this
book. This approach is not recommended for shutdowns due to their rela-
Control of costs 1
tive short-term nature and the long-term requirements of partnering, unless
the shutdown forms part of a larger maintenance contract.
In-house
An in-house maintenance department will rarely have the capacity to
handle the whole shutdown in the time required or it will be executed at the
expense of other maintenance. It is more usual that in-house maintenance
handles discrete areas of the shutdown where specialist knowledge is
required, e.g. instrumentation, turbines/compressors.
Management contractor
The services of a management contractor are often incorporated into the
management of the shutdown. The appointment should be as early as pos-
sible to enable proper planning and coordination of the work. The
management contractor provides the main management team and can also
be the executing contractor in some cases.
11.5.1 Introduction
11.5.3 Variations
The control estimate should contain a contingency sum which will include
for some emergent work which is likely to be identified on opening and
Control of costs I
inspecting the equipment. In the maintenance sector, however, unforeseen
items of work and emergency repairs frequently occur. As this work is not
within the predicted scope there may be no provision for it in the budget.
The project manager must decide if the cost of these scope changes can
be contained in the contingency sum. If so, funds must be transferred out
of the contingency to the relevant cost centre.
If the contingency sum is insufficient to accommodate the scope
changes, the project manager must either apply for a supplementary sanc-
tion or show a cost overrun. It is essential for a change procedure to be
implemented in order to list and record any variations which may occur. To
control the maintenance costs, all changes are recorded and their effects
properly evaluated.
The programme and budget can then be updated as the changes are
authorized. Contractors naturally base great importance on recognizing
changes which will affect cost and programme, and will cause interface
problems with other disciplines.
Variations can often result in disruption of the contractor's work with
consequent potential for claims for additional costs and delays.
11.5.4 Measurement
Measurement is necessary to determine the true work scope against which
costs are expended on all types of contract except lump sum. There is a
school of thought, however, which advocates measurement of resources
used and work performed on lump sum work to determine value for money
and to assist in the accuracy of future estimates. But contractors are reluc-
tant to expend effort in preparing these figures. Where these figures are
required, it should be stated as an obligation of the contractor in the tender
documents.
Measurement of maintenance work generally must be done as soon as
possible as, unlike new construction projects, the work is rarely shown on
drawings and many of the materials are reused rather than new. It thus
becomes difficult to identify work in retrospect. Similarly, if work is being
carried out on a reimbursable basis, it is necessary to monitor and report
resources per item, and this cannot always be done in retrospect if records
are incomplete. Some of the mechanical or specialized work may be per-
formed inside vessels or towers, and it is usually beneficial to close up this
equipment as soon as the work is complete, which makes subsequent mea-
surement impossible.
Unless measurement is accurately performed and recorded the reliabil-
ity of cost information is impaired. This in turn reduces the accuracy of the
cost reports and future estimates.
There are currently between 50 and 60 Acts of Parliament and about 400
sets of regulations that are relevant to health and safety at work.
This chapter provides guidelines as to what safety and environmental
legislation is applicable to the construction industry and gives guidance on
what the responsibilities and entitlements are for all parties of a project.
The meeting of both safety and environmental legislation inevitably
adds to the administration and construction costs of a project. These addi-
tional costs should be assessed and included in the project estimate.
replace the mass of existing safety legislation with one Act applying
generally to all persons at work;
replace the mass of detail with a few simple and easily assimilated
precepts of general application;
change methods of enforcement so that prosecution was not always
the first resort;
ensure that occupational safety should also protect visitors and the
public;
Health and Safety at Work Act I
place more emphasis on safe systems of work rather than technical
standards;
actively involve workers in the procedures for accident prevention at
their place of work.
Most of the Health and Safety at Work Act 1974 came into force on 1 April
1975. It created a new approach to safety law by saying what should be done
in the best interests of safety for people at work, setting goals to be met
rather than being prescriptive, as previous legislation. The Act took up the
theme of the Robens Report with a view to 'making safety everybody's busi-
ness' and extended the responsibilities to visitors to the workplace, including
contractors, subcontractors and any other person who might have cause to be
in or near the workplace, including the safety of the general public.
Many people still think about the effects of accidents in terms of insur-
ance and how much compensation might become due. The Health and
Safety at Work Act is mainly concerned with those who create the risk con-
trolling the risks. Those who do not are liable under the Act for
prosecution, the penalties for not complying ranging from heavy fines to
prison sentences.
The Act created a body - The Health and Safety Commission (HSC) -
to become responsible for the development of health and safety legislation
and its application at policy level. It also created the Health and Safety
Executive (HSE) to be responsible for the implementation and administra-
tion of most matters concerning safety and the law.
12.3.2 Duties
The Health and Safety at Work Act creates duties and responsibilities for
everyone at work to set up and maintain a safe working environment. It
specifies the responsibilities of employers and employees.
11 Health, safety and the environment I
The Act also requires employers and self-employed persons to set up
and maintain a safe environment in respect of other people, such as con-
tractors, subcontractors, visitors to premises and the general public.
Compliance with the law and the creation of a safe working environ-
ment must begin with the development, by the employer, of systems of
work that ensure safety for everybody and not just those they employ.
Managers and supervisors must understand and accept their roles and
responsibilities for health and safety at work. Some are mentioned specifi-
cally in the Act and others in the duties that they have to carry out.
Every employee has a responsibility to cooperate with the employer in
the maintenance of a safe working environment.
provide and maintain plant and systems of work that are safe and
without risks to health;
have arrangements for ensuring safety and absence of risk to health in
connection with the use, handling, storage and transport of articles
and substances;
provide such information, instruction, training, and supervision as is
necessary to ensure the health and safety at work of employees;
maintain any place of work under the employer's control in a condi-
tion that is safe and without risks to health and the provision and
maintenance of means of access to and egress from it that are safe and
without such risks;
Health and Safety at Work Act I1 1
259
provide and maintain a working environment for employees that is
safe, without risks to health and adequate as regards facilities and
arrangements for their welfare at work;
maintain records as required by health and safety legislation.
12.3.3 Enforcement
The enforcement of the Health and Safety at Work Act, together with all
other health and safety law, is carried out under the provisions of this main
Act. This means that methods of enforcement are the same all over the
country for all health and safety at work legislation.
The Health and Safety Executive are responsible for maintaining an
inspectorate, and across the country there is a force of health and safety
inspectors which consists of factory inspectors, agricultural inspectors,
mines inspectors, nuclear inspectors and quarries inspectors.
may enter any premises at any reasonable time - or at any time (night
or day) if they suspect a dangerous situation;
can examine and investigate as necessary;
can measure, take photographs, take samples or take possession of
anything, if required for evidence;
can inspect books and other documents that are relevant;
can cause dangerous equipment to be rendered safe;
can question people and require them to make a signed declaration of
the truth of answers given;
can call upon police to assist to enter premises if necessary;
if there appears to be a contravention of safety law, may serve an
Improvement Notice requiring certain work to be completed within a
specified time. If it appears to be too dangerous to allow work to con-
I Health, safety and the environment
It was recognized that the UK accident rate in construction was very high,
resulting in more deaths than in any other industrial sector. As a conse-
quence the Construction Industry Advisory Committee (CONIAC) worked
together with the Health and Safety Executive (HSE) to develop proposals
for new Regulations in the late 1980s.
The European Union reviewed the situation regarding construction
safety across the member states and found it to be similar throughout. The
results of this research was the Temporary and Mobile Construction Sites
Directive adopted by the EC in June 1992. The Construction (Design and
Management) Regulations were introduced by the HSE to implement this
directive, the regulations coming into force on 3 1 March 1995.
The regulations supplement and update current UK legislation contained
in the Health and Safety at Work Act 1974 and various regulations made
under it. They apply to construction projects including demolition and
everyone associated with them: owners, designers, contractors and subcon-
tractors. The Regulations are about management of health and safety and
while they do not apply to every construction project or everyone all of the
time, most construction projects and the people working on such projects
will be affected.
12.4.2 Duties
Five key parties (firms or individuals) have specific duties under the
Regulations:
CDM I
1. the owner;
2. the planning supervisor;
3. the designer;
4. the principal contractor;
5. contractors and subcontractors.
provide information for the health and safety plan about risks to
health and safety arising from their work and the steps they will take
to control and manage the risks; I
CDM 112631
manage their work so that they comply with rules in the health and
safety plan and directions from the principal contractor;
provide information for the health and safety file, and about injuries,
dangerous occurrences and ill health;
provide information to their employees.
The self-employed also have these duties when they act as subcontractors.
12.4.4 Enforcement
The primary responsibility for enforcing compliance lies with the Health
and Safety Executive. It has powers to issue improvement and prohibition
notices and in serious cases to bring criminal prosecutions. Currently
breaches by the owner, planning supervisor, designer, principal contractor
and subcontractors are punishable by a fine of up to £5000 in the magis-
trates' court or by an unlimited fine in the crown court.
Failure by the owner to ensure work does not start on site until the
health and safety plan is prepared, or secondly failure by the principal con-
tractor to keep unauthorized persons off the site, may result in a civil claim
for damages.
12.5 REFERENCES
Exclusions
This chapter excludes the statutes and regulations that apply to:
projects in foreign countries and Northern Ireland;
statutory requirements which have to be met during plant operation
(except where these must be taken into account during design);
approvals in connection with specific mines and quarries legislation,
railways and road vehicles.
12.7.2 Responsibilities
The owner project team must ensure that the project meets obligations with
respect to the statutory requirements. Progress towards fulfilling these
requirements should be reviewed regularly. The project team is responsible
for ensuring that all statutory approvals are obtained for the project and
that local deviations are complied with.
1 Health, safe!y and the environment
12.7.3 References
12.7.4 Procedure
Preliminary action
Monitoring progress
The project manager should maintain records of all the statutory consents,
approvals and notifications that are applicable to the project and record dis-
cussions with the appropriate consultants and progress of the approvals
being sought. An example of how these records can be maintained is
shown in Appendix D.
The time scale involved in obtaining all the necessary statutory
approvals will vary considerably from project to project. If a project
involves operations outside the site boundary, such as cross-country
pipelines or diversion of rights of way, years rather than months may have
to be allowed.
12.8 CONCLUSION
As can be seen from the foregoing, health, safety and environmental issues
are complex and a lack of understanding can lead to serious consequences
for both the project and more importantly the people involved in the pro-
ject. It is therefore imperative that the project team identify all the
requirements of current legislation, make allowances both in the project
programme and financial budget for them and ensure that they are fully
implemented.
Appendix A
Glossary of terms
A book of this size and complexity requires a chapter which enables the terms used
to be detailed and defined for easy recognition. This glossary of terms is presented
in alphabetical form for ease of use. It attempts to cover the majority of the terms
referred to in the document but reference is made to the following two publications
which cover a wider sphere of terminology and which have been used as a guide in
the preparation of this glossary of terms:
The Association of Cost Engineers Cost Engineering Terminology
British Standards Institute's Documentation on Projects, Planning and
Contracts
Account Primary grouping of costs established for administra-
tive and accounting purposes
Accountability Defined level or point of budget authority and control
responsibility
Account code Code used to identify an individual cost account, the code
may be alpha or numeric or a combination of the two
Accounts payable Value of goods and services received for which pay-
ment has not yet been made
Accounts receivable Value of goods and services executed for which pay-
ment has not yet been received
Accrual Costs incurred but not yet invoiced and recorded in the
accounts
Accrual basis System of accounting records based on cost incurred
and income earned
Accrued cost Total recorded cost plus accruals
Accrued income Total recorded income plus accruals
Accuracy factor Factor used in estimating to indicate the likely range of
accuracy of an estimate
Activity An operation or process consuming time
Activity-on-arrow A network in which the arrows symbolize the network
network diagram activities
Activity-on-node Network in which the nodes symbolize the network
network precedence activities
diagram
Advanced funding Provision of funds, to cover future payments for goods
or services purchased for and on behalf of an owner
AFC (1) Approved for construction; (2) anticipated final cost
AFD Approved for design
I Glossary of terms
AFE Authorization for expenditure
Ageing rate Predetermined assessment of depreciation expense or
capital cost relative to a period of time
Ancillaries Necessary auxiliary components, usually unspecified,
particularly of plant and equipment
Appropriation Authorized allocation of funds for specified future work
Appropriation Early cost estimate, usually by owner, prepared from
estimate preliminary but largely fixed design data to an accuracy
of -15% to +25%, for early budget purposes to establish
viability of proposed project and to secure necessary
funding approvals, also known as class 111, evaluation,
outline definition, sanction, study or scope estimate
Appropriation request Documented application for future project funding
requirements, prepared for management approval
Arrow A directed connecting line between two nodes in a net-
work
Assets Current value of property, investments, stock and cash
Work breakdown The way in which a project may be divided into discrete
structure groups for programming, cost planning and control pur-
poses (see also Work package)
Work package A group of activities (normally related in some way or
ways) that are defined at a level within a work break-
down structure
PRINCIPAL LEGISLATION
The Public Health Act 1936 (specifically that part of the Act covering the construc-
tion of premises used for the purposes of a food business and their repair and
maintenance)
The Factories Act 1961
Town and Country Planning (Assessment of Environmental Effects) Regulations
1988
Town and Country Planning (Environmental Assessment - Scotland) Regulations
1988
The Fire Precautions Act 1971
The Health & Safety at Work Act 1974
The Control of Pollution Act 1974
The Construction (Design and Management) Regulations 1994
The Food and Environment Protection Act 1985
SUBORDINATE LEGISLATION
Form
Scaffolding weekly inspections F91 (Part 1)
General access F91 (Part 1)
Tower scaffolds F91 (Part 1)
Suspended access equipmentF91 (Part 1)
Lifting appliances
Cranes F96
F91 (Parts 1 & 2)
F75
Hoists F91 (Part 1)
F92 (Part 2)
Excavators (used as crane) F91 (Part 1)
Other lifting appliances
Lifting gear
F80
F91 (Part 1)
F9 (Part 2)
F87
F97
~ ,
I
F91 (Part 1)
Portable electrical equipment
HSE Guidance Note PM32 (1983) Electricity at Work Regulations require
regular inspection and documentation of results.
Pressurized systems (air compressors, etc.)
Records of periodic inspections need to be maintained as required by
Pressurized Systems Regulations.
Excavations
Excavations need to be regularly examined (Form F91 Part 1 Section B).
Site safety records I
I ASSESSMENTS
Abrasive wheels
Asbestos workers
Competent persons for inspecting scaffolds
Competent persons for inspecting lifting tackle
Competent persons for inspecting electrical gear
First aiders
Dumper/excavator/cranedrivers, etc.
Competent persons for ionizing radiations
Permit to work system where required should be in place and records held.
Competent persons for issuing
Competent persons for issuing entry permits as required under Chemical Works
Reg. 7 (1 922)
Accident book B1510 and F2508lF2508A as required for RIDDOR incidentslacci-
dents
Appendix D
Example forms
APPROVALS AND NOTIFICATIONS TO BE CONSIDERED FOR ALL PROJECTS
Example forms I
1 Example forms
PROJECT RECORD OF ACTIONS FORM
ved by (piwiectmanager)
Appendix E
The Local Government
(Access to Information)
Act 1985
This Act extends to England, Wales and Scotland and provides for greater public
access to local authority meetings, reports and background documents. Its provi-
sions shall be taken into account in relation to any document containing sensitive
information which is to be passed to local authority.
Commercially sensitive information disclosed orally to a local authority officer
or councillor is not affected by the Act unless made the subject of:
a report by an Officer which is submitted to a meeting;
a background paper to a report
The Act applies to council, committee and sub-committee meetings of all local
authorities, but does not apply to parish and community councils.
INFORMATION GUIDANCE 1
The Act requires that meetings shall be open to the public except:
where 'confidential information' is likely to be disclosed (in which case there
is an obligation to exclude the public), or
where 'exempt information' is likely to be disclosed and the meeting for that
reason decides to exclude the public. (Where exempt information is con-
cerned, the meeting has a discretion whether or not to exclude the public.)
The means to safeguard 'exempt information' are likely to be unreliable and it
should be assumed therefore that any other documentpassed to any local authority
may become public. Indicate on any confidential document or part of it which it is
proposed to pass to any local authority, the following:
this document (or sectionlparalpage xyz) contains 'exempt information' for
the purposes of the Local Government (Access to Information) Act 1985 and
1 1 2!
I shall not be disclosed to the public without authorization from the owner
Local Government Act 1985
,
(name originator);
information discussed with or passed to a technical consultant acting on
behalf of a local authority should be the subject of a secrecy agreement. The
project
. . manager shall ensure that consultant's reports do not contain 'exempt
information'.
I the business should be consulted in connection with any secrecy agreement
I and the passing of confidential and/or 'exempt information' to any local
authority.
GLOSSARY
RESPONSIBILITIES
The exact wording of an EIO and an EIS should have the agreement of the project
manager and business representative and the relevant environmental and safety
specialists for the site concerned.
GUIDANCE
The EIO for Schedule 2 of the 1988 Act projects will take the form of a brief for
the planning officers. The information in the EIO will be put on public display. The
content of the EIO should be discussed with the planning officials before submis-
sion, but will typically cover the following sections.
Background
This should provide an outline of the reasons why the business is initiating the pro-
ject and its historical context.
EIA
I1
4
Technology
The nature of the proposed technology and whether it is new or existing should be
revealed. All benefits such as improvements in the working environment, to safeAy,
etc should be stated.
Investmert
A rough indication of the size of the financial iwestntent may be w p r i a t e fb?
large projects.
Process description
An outline of the process chemistry and other detail as necessary.
Employment
Will the project bring new jobs to the local authority area?
Choice of site
The links with other units on the site should be revealed.
Chemicals handled
This should indicate the main chemical materials handled and should emphasize
the owner's experience when relevant.
Gaseous emissions
Indicate if the means for control of gaseous emissions have been agreed with
HMIP.
Aqueous effluents
These should normally be within the existing consent parameters. This should be
stated. If this is not the case indicate why.
Other wastes
If there are other wastes arising indicate how they will be disposed of.
Noise
Normally new plants should be designed so that boundary noise levels are not
measurably increased. If the development is likely to cause any problem, the state-
ment on noise will need careful consideration.
I EIA
Dust
Potential problems should be indicated.
Odour
Any special problems should be mentioned.
Traffic
The increase or decrease in road and rail traffic as a result of the proposed develop-
ment should be quantified.
Visual impact
It should be made clear whether the proposal will have significant visual impact.
Index
Page numbers appearing in bold refer to figures and page numbers appearing in italic refer to tables.
I 1ndexI
risk and control 202-3 Terrorism, and insurance 181-2 definitions 77-8
types of contract 203-6 Testing methodology and job plan
Tenders 210-14 during work and on completion 78-82
alignment of 212 154 Value management studies
analysis of 210-11, 228-9 insurance cover for 181 experienceltrack record of
appendices to 207 Third party insurance 150, 181 leader critical 82-3
commercial and financial Time 151-2 study team and resources 82
appraisal 2 11-1 2 an important consideration 8-9 timing of 78,80
evaluation of 210 Tolerance limits (estimates) 56 Variations 152-3
evaluation reports 214 Total hours forecast 97 disruptive 153
key personnel 212-1 3 Total quality management (TQM) evaluation of 153
post-tender interview 213-1 4 137,252 maintenance contracts 248-9
technical appraisal 211 Traceability, of materials 124 VAT 231
types of 208 Trust accounts 49 Vessel internals, assessment of
Term maintenance contracts 246 Turnkey contracts 160, 202, 205 work required 239-40
work orders 248 Vision statements 32, 33
Termination, of contracts 156 Unfair Contract Terms Act (1977)
Terminology 12-1 3 165 Warranties 224
Terms and conditions, procurement Unit costslnorms databases 243, see also Conditions and
220-4 244 warranties
basis of order 221-2 updating of 253 Waste, elimination of 11
bonds and guarantees 223 Utilities, facilitating relationships Work breakdown structure (WBS)
call-off orders 222-3 with 54 9 0 , 91-3
general 222 Utilities Directive 209 Work orders, term maintenance
obligations of purchaser and Utilities Supply and Works contracts 248
supplier 221 Contracts Regulations (1 992) Work package numbering 112
purchase order v. purchase 220 Work packages 90, 91
contract 220-1 Value, defined 7 6 7 information in 91
warranties 224 Value analysis (VA) 76, 77 level of control 93
Terms and definitions, in contracts Value engineering (VE) 76, 77 Working capital to sales ratio 200
148-9 Value management 7 6 8 3 , 2 5 3 Works Directive 209