(Solution) CIPS PDC Royal Commission for Alula Managing Risk of Poor Quality
In this second assessment, through a focus on Royal Commission for Alula (RCU) organisation, contract terms and conditions have been evaluated. The evaluation has focused on the effectiveness of these terms and conditions in;
- Ensuring management of risks of poor quality, extension of time, costs increase and unethical practices
- Making sure appropriate performance measures are monitored and managed
Also, as part of this report, the battle of forms have been evaluated with the best practice in ensuring management of these battle of forms identified. This has also been reflected in this assessment recommendation for ensuring organisation own terms and conditions are used. Apart from quoting the relevant terms and conditions, a set of tools have been used (specifications analysis, risk register, Mendelow analysis among others). For instance, by using standardisation valuation model, the importance of the contract in context of RCU has been identified. Further, through Mendelow analysis of different stakeholders, the relationship with contracts has been established. Further, by using a risk register, the best practice in managing the risk of extension of time has been evaluated.

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Description
Solution
As defined in Cao and Gao (2018) the quality in contract identify the overall technical requirements in a contract which relate to quality of product/services. Hence, it involve the vendor/supplier/contractor ensuring that the provided goods and services are conforming with the contractual requirements. For RCU, the quality determinants entail being valid, acceptable, capacity and legal. The T&Cs note that;
Hence, this is considered a warranty since there is an opportunity granted to the supplier/vendor to re-perform services for correcting the quality issues. As shown in figure 5, it is the comparison of the conditions and warranties which position this legislation as a warranty. This is owing to the requirement of RCU as the first party to take the costs but in condition.
Figure 1:Warranties and Conditions Compared
Since quality is a critical factor, the T&Cs also offers a provision of use of risk register to monitor and analyse incurred risks. Adopting the definition of Kudszus et al. (2020) a risk register is a table of projected risks allowing tracking of identified risks and any core information regarding to its use. In regard to this, RCU T&Cs note that;
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- In this report, an evaluation of a contract by Oracle which is FIDIC guiding their construction projects in more than 67 countries globally has been carried out.
- It is evident from the analysis that there are varying contractual terms having an influence on the power and risk distribution between a supplier and an organisation.
- The rationale of this is that a contract is a legally enforceable agreement between different parties with specific acts or practices to be put into account.
- The core report areas of focus of focus has included the issues of price, quality, construction projects delivery timeline and health and safety have been put into account on the extent in which the risk and power are distributed between the contractor and the organisations.
- In the components identified, it is evident that irrespective of whether the buyer or supplier executes the risk or power.
- Through the application of different tools such as Mendelow stakeholders matrix, SWOT analysis and others, distinct issues and risks characterised by various challenges in the construction projects execution with their mitigation approaches and risks have been evidenced.
- As evidenced from the Kraljic analysis, it is evident that contractual terms have a strategic relevance in the context of Oracle informing on their holistic leveraging on the risks and powers of the contract.
- In situations where Oracle fails in leveraging on contract holistic risks power balance, warrant and also insurance cover is used.