A Study on Irish Contracts, Disputes and Dispute Resolution Techniques

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1. How would you describe your organisation's role in a project?

How would you describe your organisation's role in a project?   Owner / Client / Employer Engineer Architect / Designer Project Management Consultant	Construction Management Consultant Contractor Subcontractor
Other (please specify)

2. Do you primarily work for the private or public sector?

Do you primarily work for the private or public sector?   Private Public

3. What type of contracting strategy do you or your organisation use most frequently?

What type of contracting strategy do you or your organisation use most frequently?   Lump Sum Fixed Price Cost Plus Fixed Fee Cost Plus Percentage Fee Cost Plus Fluctuating Fee	Remeasurement Target Price Design Build / Turnkey
Other (please specify)

4. How is the type of contract for each project normally selected? Please tick all that apply.

How is the type of contract for each project normally selected? Please tick all that apply.   To obtain the most competitive price To obtain the most economically advantageous tender To obtain the best project schedule Experiential knowledge	Risk assessment by risk allocation matrix Risk ownership / transfer Senior management preference Legal advice
Other (please specify)

5. Do you have experience working with any of the following contract types? Please tick all that apply.

Do you have experience working with any of the following contract types? Please tick all that apply.   Lump Sum Fixed Price Cost Plus Fixed Fee Cost Plus Percentage Fee

Target Price Remeasurement None of the above

6. For each of the contract types below, what are the major associated risk factors? Please tick all that apply.

	Lump Sum Fixed Price	Cost Plus Fixed Fee	Cost Plus Percentage Fee	Target Price	Remeasurement
Changes to Scope of Work	*For each of the contract types below, what are the major associated risk factors? Please tick all that apply. Changes to Scope of Work Lump Sum Fixed Price	Changes to Scope of Work Cost Plus Fixed Fee	Changes to Scope of Work Cost Plus Percentage Fee	Changes to Scope of Work Target Price	Changes to Scope of Work Remeasurement
Unforeseen Physical Conditions	Unforeseen Physical Conditions Lump Sum Fixed Price	Unforeseen Physical Conditions Cost Plus Fixed Fee	Unforeseen Physical Conditions Cost Plus Percentage Fee	Unforeseen Physical Conditions Target Price	Unforeseen Physical Conditions Remeasurement
Time for Completion	Time for Completion Lump Sum Fixed Price	Time for Completion Cost Plus Fixed Fee	Time for Completion Cost Plus Percentage Fee	Time for Completion Target Price	Time for Completion Remeasurement
Payment Issues	Payment Issues Lump Sum Fixed Price	Payment Issues Cost Plus Fixed Fee	Payment Issues Cost Plus Percentage Fee	Payment Issues Target Price	Payment Issues Remeasurement
Defects	Defects Lump Sum Fixed Price	Defects Cost Plus Fixed Fee	Defects Cost Plus Percentage Fee	Defects Target Price	Defects Remeasurement
Property Damage	Property Damage Lump Sum Fixed Price	Property Damage Cost Plus Fixed Fee	Property Damage Cost Plus Percentage Fee	Property Damage Target Price	Property Damage Remeasurement

Other (please specify)

7. Please rate how suited the following contract types are for use if the project budget is the most critical project goal.

	Least Suited	Unsuited	Neutral	Suited	Most Suited
Lump Sum Fixed Price	*Please rate how suited the following contract types are for use if the project budget is the most critical project goal. Lump Sum Fixed Price Least Suited	Lump Sum Fixed Price Unsuited	Lump Sum Fixed Price Neutral	Lump Sum Fixed Price Suited	Lump Sum Fixed Price Most Suited
Cost Plus Fixed Fee	Cost Plus Fixed Fee Least Suited	Cost Plus Fixed Fee Unsuited	Cost Plus Fixed Fee Neutral	Cost Plus Fixed Fee Suited	Cost Plus Fixed Fee Most Suited
Cost Plus Percentage Fee	Cost Plus Percentage Fee Least Suited	Cost Plus Percentage Fee Unsuited	Cost Plus Percentage Fee Neutral	Cost Plus Percentage Fee Suited	Cost Plus Percentage Fee Most Suited
Target Price	Target Price Least Suited	Target Price Unsuited	Target Price Neutral	Target Price Suited	Target Price Most Suited
Remeasurement	Remeasurement Least Suited	Remeasurement Unsuited	Remeasurement Neutral	Remeasurement Suited	Remeasurement Most Suited

8. Please rate how suited the following contract types are for use if the project schedule is the most critical project goal.

	Least Suited	Unsuited	Neutral	Suited	Most Suited
Lump Sum Fixed Price	*Please rate how suited the following contract types are for use if the project schedule is the most critical project goal. Lump Sum Fixed Price Least Suited	Lump Sum Fixed Price Unsuited	Lump Sum Fixed Price Neutral	Lump Sum Fixed Price Suited	Lump Sum Fixed Price Most Suited
Cost Plus Fixed Fee	Cost Plus Fixed Fee Least Suited	Cost Plus Fixed Fee Unsuited	Cost Plus Fixed Fee Neutral	Cost Plus Fixed Fee Suited	Cost Plus Fixed Fee Most Suited
Cost Plus Percentage Fee	Cost Plus Percentage Fee Least Suited	Cost Plus Percentage Fee Unsuited	Cost Plus Percentage Fee Neutral	Cost Plus Percentage Fee Suited	Cost Plus Percentage Fee Most Suited
Target Price	Target Price Least Suited	Target Price Unsuited	Target Price Neutral	Target Price Suited	Target Price Most Suited
Remeasurement	Remeasurement Least Suited	Remeasurement Unsuited	Remeasurement Neutral	Remeasurement Suited	Remeasurement Most Suited

9. Please rate how suited the following contract types are for use if the project scope is likely to change.

	Least Suited	Unsuited	Neutral	Suited	Most Suited
Lump Sum Fixed Price	*Please rate how suited the following contract types are for use if the project scope is likely to change. Lump Sum Fixed Price Least Suited	Lump Sum Fixed Price Unsuited	Lump Sum Fixed Price Neutral	Lump Sum Fixed Price Suited	Lump Sum Fixed Price Most Suited
Cost Plus Fixed Fee	Cost Plus Fixed Fee Least Suited	Cost Plus Fixed Fee Unsuited	Cost Plus Fixed Fee Neutral	Cost Plus Fixed Fee Suited	Cost Plus Fixed Fee Most Suited
Cost Plus Percentage Fee	Cost Plus Percentage Fee Least Suited	Cost Plus Percentage Fee Unsuited	Cost Plus Percentage Fee Neutral	Cost Plus Percentage Fee Suited	Cost Plus Percentage Fee Most Suited
Target Price	Target Price Least Suited	Target Price Unsuited	Target Price Neutral	Target Price Suited	Target Price Most Suited
Remeasurement	Remeasurement Least Suited	Remeasurement Unsuited	Remeasurement Neutral	Remeasurement Suited	Remeasurement Most Suited