The firm will develop a sophisticated online web portal infrastructure which will support quality improvement programs in five plants in different locations of the company. The manufacturing operations will have to report progress, submit data, share ideas, measure and monitor quality improvement initiatives.
Project Procurement Legal Rights, & Responsibilities
-Discuss legal aspects involved with contract management and closure.
-Discuss the process to be used to handle any outstanding issues, claims, and disputes such as through an alternative dispute resolution (ADR).
-Document what might be terms for contract termination by either the seller or buyer.
-Outline rights and responsibilities of both the seller and buyer as they relate to procurement closure.
-Project Procurement Closeout
-Determine the acceptance criteria for determining that the project procurement is complete.
-Identify process for obtaining final sign-offs and final payments to close out the contract.
-Determine final documentation to be included in the project procurement closure package.
-Identify the techniques that will be utilized to elicit lessons learned.
Project Planning is an essential element to successfully complete the project. Basically, project planning includes: organizing, securing, managing, leading, and controlling resources to achieve specific goals of the project. In this paper, legal rights & responsibilities for the project procurement will be discussed in terms of essential elements of contract management & closure, process of ADR, essential documents for the contract termination and rights & responsibilities of the seller & buyer will be discussed in order to achieve the objectives of the projects. Additionally, the criteria for project procurement closeout will be discussed with regards of process & techniques.
Legal Aspects of Contract Management and Closure
Contract management is also known as contract administration. Contract management may be defined as the management of contracts made with customers, vendors, partners, or employees. The main purpose of contract management is to maximize financial and operational performance and minimizing risks (Sanghera, 2007). The final process in project procurement management is contract closure. Contract closure refers to the process of completing all tasks and terms (Kerr & International Energy Agency, 2007).
As per the contract act, legal aspects of the contract management & closure include: legal terminologies and provisions of contract, legal deficiencies of contracts design and dispute resolution cases of contracts (Sanghera, 2007). In addition, issues of contract from legal perspective, principles of natural justice and the process of arbitration, possible areas of pitfalls in contracts and the key legal aspects of drafting contract agreement are the legal aspects of the contract management (Kerr & International Energy Agency, 2007).
ADR Process to Handle Outstanding Issues/Claims & Disputes
Alternative Dispute Resolution (ADR) is also known as external dispute resolution that includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation (Murray, 2010). Hence, ADR typically refers to processes and techniques of resolving disputes that fall outside of the judicial process. The process of ADR is used to handle any outstanding issues, claims, and disputes. Simply, the process of ADR includes three common forms such as: Mediation, Arbitration, and Case Evaluation.
In the mediation, the mediator does not decide how the dispute is to be resolved. The parties do. It is a cooperative process in which the parties work together toward a resolution that tries to meet everyone's interests, instead of working against each other (Arnavas, 2004). But, the mediation develops better communication between the parties and solves the disputes. On the other hand, in arbitration, the arbitrator (a neutral) reviews evidence, hears arguments, and makes a decision (award) to resolve the dispute. In addition, in case evaluation, the evaluator (a neutral) gives an opinion on the strengths and weaknesses of each party's evidence and arguments. Each party gets a chance to present their case and hear the other side (Murray, 2010).
Documents for the contract Termination
Contract can be terminated after giving notice for ...
The legal rights, responsibilities and project procurement closeouts are examined.