Retentions In The British Construction Industry
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Retentions In The British Construction Industry
Retainage is a portion of the agreed upon contract price deliberately withheld until the work is substantially complete to assure that contractor or subcontractor will satisfy its obligations and complete a construction project. A retention is money withheld by one party in a contract to act as security against incomplete or defective works. They have their origin in the British construction industry Railway Mania of the 1840s but are now common across the industry, featuring in the majority of construction contracts. A typical retention rate is 5% of which half is released at completion and half at the end of the defects liability period (often 12 months later). There has been criticism of the practice for leading to uncertainty on payment dates, increasing tensions between parties and putting monies at risk in cases of insolvency. There have been several proposals to replace the practice with alternative systems. History and purpose The practice of retainage dates back to the ...
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Construction Industry Of The United Kingdom
The construction industry of the United Kingdom is one of the major industry sectors in the UK economy, contributing about 6% of UK gross value added in 2019. In 2018, it was, by GVA, the sixth biggest construction sector in the world. Scale and composition Before the COVID-19 pandemic, the value of construction new work peaked at £119,087 million in 2019, dropping to £99,651 million in 2020. Of this total, new housing comprised £37,755 million of new work, infrastructure £22,517 million, and private commercial building £24,614 million. Public sector work (housing, infrastructure, other) accounted for 26% by value of new work in 2020. The construction sector employed around 2.1 million workers (1.4 million employed in just over 342,000 VAT/PAYE-registered businesses, plus 727,000 self-employed) in Great Britain in 2020, with a high proportion of small businesses: just over one million small/medium-sized businesses, mainly self-employed individuals, worked in the sector in 20 ...
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Performance Bond
A performance bond, also known as a contract bond, is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor. The term is also used to denote a collateral deposit of good faith money, intended to secure a futures contract, commonly known as margin. History Performance bonds have been around since 2,750 BC. The Romans developed laws of surety around 150 AD, the principles of which still exist. Overview A job requiring a payment and performance bond will usually require a bid bond, to bid the job. When the job is awarded to the winning bid, a payment and performance bond will then be required as a security to the job completion. For example, a contractor may cause a performance bond to be issued in favour of a client for whom the contractor is constructing a building. If the contractor fails to construct the building according to the specifications laid out by the contract (most often due to the bankruptcy of the co ...
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Punch List
A punch list is a document prepared during key milestones or near the end of a construction project listing work that does not conform to contract specifications that the general contractor must complete prior to final payment. The work may include incomplete or incorrect installations or incidental damage to existing finishes, material, and structures. The list is usually made by the owner, architect or designer, or general contractor while they tour and visually inspect the project. In the United States construction industry, contract agreements are usually written to allow the owner to withhold (retain) the final payment to the general contractor as "retainage". The contractor is bound by the contract to complete a list of contract items, called a punch list, in order to receive final payment from the owner. The designer (typically a licensed professional architect or engineer) is usually also incorporated into the contract as the owner's design representative and agent, to veri ...
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Cost Contingency
When estimating the cost for a project, product or other item or investment, there is always uncertainty as to the precise content of all items in the estimate, how work will be performed, what work conditions will be like when the project is executed and so on. These uncertainties are risks to the project. Some refer to these risks as "known-unknowns" because the estimator is aware of them, and based on past experience, can even estimate their probable costs. The estimated costs of the known-unknowns is referred to by cost estimators as cost contingency. Contingency "refers to costs that will probably occur based on past experience, but with some uncertainty regarding the amount. The term is not used as a catchall to cover ignorance. It is poor engineering and poor philosophy to make second-rate estimates and then try to satisfy them by using a large contingency account. The contingency allowance is designed to cover items of cost which are not known exactly at the time of the estim ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Construction Law
Construction law is a branch of law that deals with matters relating to building construction, engineering, and related fields. It is in essence an amalgam of contract law, commercial law, planning law, employment law and tort. Construction law covers a wide range of legal issues including contract, negligence, bonds and bonding, guarantees and sureties, liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, quantity surveyors, architects, builders, engineers, construction workers, and planners. Specific practice areas Construction law builds upon general legal principles and methodologies and incorporates the regulatory framework (including security of payment, planning, environmental and building regulations); contract methodologies and selection (including traditional and alternative forms of contracting); subcon ...
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Mainzeal
Mainzeal Property and Construction Ltd was one of the leading New Zealand property and construction companies until being placed into receivership on 6 February 2013 and then being placed into liquidation on 28 February 2013. According to its website, Mainzeal was involved in delivering $7.5 billion of construction projects across New Zealand and employed 400+ people. It was held by Richina Global Real Estate which is part of Richina Inc, an independent and closely held New Zealand-headquartered Asia Pacific holding company. History It was founded in 1968 as a branch of Mainline Corporation, an Australian company to develop of harbour-front land in the Auckland CBD as part of Mainline-Dillingham-Fletcher. Mainline Contractors Pty Ltd was established from this base and in 1969, became Mainline Corporation of New Zealand, a publicly listed New Zealand company, adopting the name Mainzeal Corporation Ltd in 1975. The Richina holding company was created when Mainzeal acquired a New ...
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New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = 128 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier , leader_name3 = Dominic Perrottet (Liberal) , national_representation = Parliament of Australia , national_representation_type1 = Senat ...
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Agricultural Bank Of China
Agricultural Bank of China (ABC), also known as AgBank, is one of the " Big Four" banks in China. It was founded on 10 July 1951, and has its headquarters in Dongcheng District, Beijing. It has branches throughout mainland China, Hong Kong, London, Tokyo, New York, Frankfurt, Sydney, Seoul, and Singapore. ABC has 320 million retail customers, corporate clients, and nearly 24,000 branches. It is China's third-largest lender by assets. ABC went public in mid-2010, fetching the world's biggest ever initial public offering (IPO) at the time, since overtaken by the Saudi Arabian state-run petroleum enterprise, Saudi Aramco. In 2011, it ranked eighth among the Top 1000 World Banks, by 2015, it ranked third in Forbes' 13th annual Global 2000 list and in 2017 it ranked fifth. It is considered a systemically important bank by the Financial Stability Board. History Since the establishment of the People's Republic of China in 1949, ABC has been formed and abolished several times. On July ...
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US Department Of Transportation
The United States Department of Transportation (USDOT or DOT) is one of the executive departments of the U.S. federal government. It is headed by the secretary of transportation, who reports directly to the President of the United States and is a member of the president's Cabinet. The department's mission is "to develop and coordinate policies that will provide an efficient and economical national transportation system, with due regard for need, the environment, and the national defense." History Prior to the creation of the Department of Transportation, its functions were administered by the under secretary of commerce for transportation. In 1965, Najeeb Halaby, administrator of the Federal Aviation Agency (predecessor to the Federal Aviation Administration, FAA), suggested to President Lyndon B. Johnson that transportation be elevated to a cabinet-level post, and that the FAA be folded into the DOT. It was established by Congress in the Department of Transportation Act ...
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General Services Administration
The General Services Administration (GSA) is an independent agency of the United States government established in 1949 to help manage and support the basic functioning of federal agencies. GSA supplies products and communications for U.S. government offices, provides transportation and office space to federal employees, and develops government-wide cost-minimizing policies and other management tasks. GSA employs about 12,000 federal workers. It has an annual operating budget of roughly $33 billion and oversees $66 billion of procurement annually. It contributes to the management of about $500 billion in U.S. federal property, divided chiefly among 8,700 owned and leased buildings and a 215,000 vehicle motor pool. Among the real estate assets it manages are the Ronald Reagan Building and International Trade Center in Washington, D.C., which is the largest U.S. federal building after the Pentagon. GSA's business lines include the Federal Acquisition Service (FAS) and t ...
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United States Department Of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national security and the United States Armed Forces. The DoD is the largest employer in the world, with over 1.34 million active-duty service members (soldiers, marines, sailors, airmen, and guardians) as of June 2022. The DoD also maintains over 778,000 National Guard and reservists, and over 747,000 civilians bringing the total to over 2.87 million employees. Headquartered at the Pentagon in Arlington, Virginia, just outside Washington, D.C., the DoD's stated mission is to provide "the military forces needed to deter war and ensure our nation's security". The Department of Defense is headed by the secretary of defense, a cabinet-level head who reports directly to the president of the United States. Beneath the Department of Defense are th ...
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