Topic > BWC Legal Case - 2386

1- Advice on the appropriate delivery modelFacts to consider1- BWC is fully aware of the extent of the works with a high degree of certainty. This fact leads to the assumption that the customer has clear ideas about his needs and requirements. Aspects relating to the functionality and use of the proposed building could be covered in a Detailed Scope and Statement of Works Required, which BWC should be able to do, given its full awareness of the scope and his previous experience with similar buildings premises.2- Cost certainty is an important criterion against which BWC will evaluate the choice of delivery model. High levels of cost certainty are required.3- BWC has a project deadline by which all construction should be completed.4- Assumption: The degree of complexity of the project is NOT high.5- Assumption: Although BWC has designs ready for at its headquarters in Christchurch, further design work will be required to take into account the difference in layouts, terrain types, weather and wind conditions, seismic requirements...etc. The above analysis leads us to the fact that a conventional delivery of Design-Build (DB) model may be the appropriate approach. This can be justified as follows: 1- DB will safeguard BWC from any risks, including the risks of modifications, claims and disputes, as well as by transferring the overall responsibility for the entire project and transferring it to the Design-Builder (Kelleher and Smith, 2005).2 - DB delivery modules will create a single point of design and construction responsibility as well as speed up the overall project execution time from design through to the end of construction by enabling rapid tracking of the design and construction phases (Stewart, 2014).3 - The na...... half of the document ......committed to withdraw its acceptance of QED's offer at any time.• BWC has accepted the offer presented by QED. Acceptance was made for that specific offer presented by QED. It must be an exact replica of the terms and conditions presented by QED. “An offer and an acceptance must fit together like two pieces of a puzzle” (Stone, 2005, p 39). This acceptance has already occurred, therefore BWC cannot change the extent of the works, except with a further agreement with QED. Any further changes to the scope of work after acceptance may be made but with other change orders or addendums, to be agreed by both parties.• Since BWC accepted the tender submitted by QED, QED lost the opportunity to revoke the offer presented. It will be right and natural that BWC is also held responsible and considers its acceptance irrevocable.