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Construction Law/Contracts Monitoring.


Dear Sir,

The question was mistakenly ticked private and I am re submitting it as public.

I hope you will be fine and thank you for your usual assistance.

A new centralized entity has been established to monitor construction contracts at country level. I am working to develop a mechanism/framework on how to monitor contracts at country level where thousands of contracts will be dealt and with different modalities and nature of scope.

I would kindly request you to assist me in developing it as you have a very broader experience in the field of construction and contract management. I would like to addition to your experience and thoughts, give me a brief idea on:

1. What is contracts monitoring and what to monitor, how to do it
2. type of contracts monitoring if any
3. Monitoring criteria in construction contracts

I will also appreciate if you refer some of the relevant documents or already developed mechanisms.

Dear Adhil,

Without further information, this question fall into the 'how long is a piece of string' category.  You could start by researching the existing documentation within your own or a similar organisation, which can be found on the Internet.

1. Contract monitoring is a regular process of evaluating contractor performance based on measurable deliverables and verifying the Contractor's compliance with the terms and conditions in his contract with the Employer.  Generally you monitor expenditure against progress or deliverables or outputs included in the logframe matrix as produced by the European Commission or USAID.  
2. All types and sizes of contracts can be monitored. Often only the largest 20% of each type of contract would be monitored.  You can monitor works, services and supply contracts against their contractual obligations for time and quality.  
3.  For construction contract, there is generally a service provider to monitor daily quality and progress, as major organisations do not have the required resources.  So major organisations have to monitor progress using payments against an 'S' curve and quality using statistical methods of quality assurance.  There are several manuals on technical audits, depending on the type of construction project.  Generally accountants are used to check for fraud.  

From past experience, this task is one that could take a team of people several months to set up.  If you need help in the initial stages, please send me an email as a private question and I will send you aq contact email and details of my rates for such work.  

Construction Law

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


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Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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