Professional Documents
Culture Documents
List of topics
1. Introduction of contracts 2. Types of contracts 3. Tender drafting and Tender analysis
Conditions of contract
5. 6. 7. 8.
Safety in construction Workmen compensation act Contract labor act Demolition of buildings
Introduction of contracts
Construction contracts are formalized in the form of a written document which defines clearly the Rights and Obligations of each party Contract describes precisely the Legal, Financial and Technical provisions of the work It usually contains clauses that specify
Completion time Liquidated damages Payments to the contractor Scope and nature of work
Merits
The owner can decide whether to start or shelve the project knowing the total lump sum price quoted by different contractors The contractor can earn more profit by in depth planning and effective management at site
Demerits
The project has to be studied thoroughly Unforeseen details of work are not specified Many additional items may have to be undertaken as the work progresses, giving opportunity to the contractor for claiming higher rates for the extra items
in accordance with design & documents provided by the Employer on item rate basis The Contractor is only responsible for the execution of the Works as per the schedule within the frame work of the Contract Amount to be received by contractor depends on Bill of Quantities (BOQ) Payment is made to the Contractor as per the measured quantities of actual work execution
Merits
There is no need of detailed drawings at the time of awarding contract as in case of lump sum contract. The detailed drawings can be prepared after the contract is awarded Changes in drawings and quantities of individual items can be made as per requirement within agreed limits Payment is made as per actual work done
Demerits
The total cost of work can only be known upon completion Additional staff is required to take detailed measurements
Merits
The owner can know from tenders as to what the project will cost and can decide whether to start or defer the project Changes in drawings and quantities of individual items can be made as per requirement within agreed limits
Demerits
The project has to be studied thoroughly and all the contract documents are required to be completed before awarding contract Non scheduled extra items arising out of changes made in the drawings and specifications are often a source of dispute
There could be a variant by giving a proportional bonus for early completion or proportional Liquidated Damages for any delay The Contractor is selected based on merit rather than the fee alone
Merits
The owner bears the actual cost therefore contractor performs the work in the best interest of owner resulting good quality work The work can be taken in hand even before the detailed drawings and specifications are finalized Changes in in design and method of construction if needed can be easily carried out without disputes Work can be executed speedily
Demerits
This form of contract cannot be adopted in case of normal works of public bodies and govt. departments The final cost of the work is not known in advance and this may subject the owner to financial difficulties
5. Special contracts
a) b) c) d) e) f) g) Turn-key contract Package contract Negotiated contract Continuing contract Running contract BOT & its Variants FIDIC Contract
a) Turnkey contract
Under this contract, the Contractor carries out all the Engineering, Procurement and Construction (EPC) providing a fully-equipped facility, ready for operation (at the turn of the key) It is an integrated contract in which all works related to civil, electrical, mechanical e.t.c., are in the hands of a main contractor Also the main contractor takes total responsibility from planning to commissioning stage The owner need not to coordinate the work of different subcontractors This type of contract is suitable, where a higher degree of certainty of final price and time is required
b) Package contract
Two or more related jobs, each of which form a separate contract are combined in a single contract
Design and development + construction + maintenance Supply + maintenance
Plan of work and standards are established and the work is carried out accordingly by the contractor The main contractor is responsible for safeguarding the owners interest and for this reason, prior approval of design and technical aspects have to be taken from the owner Responsibility for correctness of the design lies with the main contractor
c) Negotiated contract
In this type of contract Negotiation across the table takes place between representatives of the owner and the main contractor for project cost and other conditions of contract Detailed project specifications are arrived at by discussions It involves extended discussions for finalisation as a competitive contract Most of the consultancy projects of world bank are negotiated contracts
d) Continuing contract
New or additional work is awarded on the basis of agreed terms and conditions of existing contract It requires no retendering hence can save time and money
e) Running contract
These provide goods and services at specified intervals or as and when required by the owner The contract price is not fixed and payment is based on actual goods supplied and services rendered as specified in the contract document
g) FIDIC contract
Evolved by an International body of consultants - Federation Internationale des Ingenieurs Conseils (FIDIC) FIDIC was originally founded in 1913 by the National Associations of Belgium, France and Switzerland and is now best known as the organisation which publishes standard forms of contract documents Every Project has contract document consisting of Part I General Conditions & Part II Conditions of Particular Application (COPA) Is a very equitable form of contract, fair to both Owner & Contractor and employs the principle of a neutral Engineer
Tender drafting and tender analysis Types of tenders Contract document Specifications Important conditions of contract
Types of Tender
Open Tender : If Job Value > Prescribed limit (Say 25 Lacs)
Global tender
Limited Tender : If job value <= Prescribed limit Single or Restricted Tender : If only a particular firm is the manufacturer.
Contract document
The contract document generally follows a standard format It consists of the contract agreement (on non-judicial stamp paper of prescribed value) and the following set of documents, each page of which is signed both by the owner and the contractor
Cover page/Title page: Contents page: Notice inviting tender (NIT): Tender form: Schedule of issue of materials: Drawings: Specifications
General specifications Detailed specifications
Conditions of contract
Tender form
Tender form consists of Bill of quantities Contractors rates Total cost of work Time for completion Security money to be deposited Penalty clauses etc.
Drawings
These comprise a complete set of fully dimensioned drawings including plans, elevations, sections detailed drawings and site plan
1. Contract specifications
The specifications prepared for a particular job to accompany the working drawings are called contract specifications These are further classified as General specifications/Brief specifications
To give the general idea of work
Detailed specifications
To give detailed description of each item of work
2. Guide specifications
These specifications provide a guideline for preparing contract specifications and give a broad idea about the class and type of construction for a particular purpose (e.g. Model Concession Agreement)
3. Standard specifications
These specifications re prepared for various materials or group of materials for the guidance of all concerned with construction (e.g. IS 456)
4. Manufacturers specifications
Manufacturers prepare specifications of their products for the guidance of users. These specifications also include installation instructions and other guidelines for use and maintenance of products. Generally provided in the form of Manuals
3. Penalty
It is fine imposed on the contractor for non-fulfillment of his contractual obligations such as failure to maintain required progress of work, delay in completion, poor quality, bad workmanship
6. Debitable agency
whenever the contractor fails to fulfill his contractual obligations in respect of progress or quality of work even after giving due notice by the owner, it becomes necessary to appoint a debitable agency which works at the cost and risk of the contractor. This agency is in the form of labor or other contractor to fulfill the contractual obligations of the main contractor. The expenses incurred are charged from the bill or security of the original contractor
7. Valuation of variations
The valuation of variations is based on change orders issued in writing by the owner. Generally, the variation in individual items of work should not be more than 25% and variation in total cost should not exceed 10%
8. Settlement of disputes
Efforts should be made to resolve disputes amicably between the owner and the contractor through mutual discussions and negotiations. Arbitration clause may be incorporated in the contract to settle disputes not resolved through mutual discussions and negotiations
In the event of default or bankruptcy of the contractor Default includes abandoning the work, failure in progress, non observation of rules/instructions etc. Due notice served before termination of the contract
I., Executing Officer of (Name of the Work), am personally satisfied that the work has been executed as per the specifications laid down in the Contract agreement and the workmanship is up to the standards followed in the Industry.