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CE 6010 – CONSTRUCTION CONTRACTS & SPECIFICATIONS

July - November 2018

Faculty:

K Ganesan

E-mail: krishnamurthiganesan@gmail.com

Class timings: ( A Slot)

Monday - 8:00 to 8:50AM

Tuesday - 12:00 to 12:50PM

Thursday - 11:00 to 11:50AM

Friday - 10:00 to 10:50AM

Course Outline

Introduction

What is a contract, Why a Contract ( written),Who – Parties to a Contract, Contract –


Minimum Requirement

Types of contract

Various types of Prime contracts - A/E contracts - PM/CM contracts - Owner / Contractor /
Suppliers / Specialists contracts

Contracting

Minimum requirement, Private parties, Government contracts

Tendering Process

Tender Scope Finalization, Pre- selection / Pre-Qualification of Bidders, Tender document


preparation, Calling for BIDs, Pre – tender meetings and clarifications, Issue of Addendums,
Tender submission and opening formalities

Withdrawal of Tenders by Bidders, Tender evaluations & Corrections, Negotiations/ Post


tender clarifications, Letter of Award / Acceptance, Contract Agreement

E- Tendering – Procedures
CE 6010 – CONSTRUCTION CONTRACTS & SPECIFICATIONS

Contract Formats

FIDIC, CPWD, Bespoke (Tailor – made)

Special Conditions of Contract (SCC), Conditions of Particular Application (CoPA)

Typical Contract Conditions

RED Flag Clauses

Contract Execution

Roles & Responsibilities, Contractor’s Liabilities

Contracts – Change Management

Change management process & procedures, Contract communication &Documentation

Claims & Disputes

Procedures for claims, origin – genesis of disputes, Breaches of Contract, Suspension &
Termination, Dispute Resolution, Alternate Dispute Resolution Methods, Arbitration

Indian Contract Act 1872, Arbitration & Conciliation Act 1996

Contract specifications

Need for clarity, typical specifications

ACTS AND CONTRACT DOCUMENTS

The Indian Contract Act, 1872

The Arbitration and Conciliation Act, 1996 as amended on Dec 2015

General Conditions of Contract for Central P.W.D. Works, 2014

FIDIC Conditions of contract – Red Book - 1999

All students are expected to possess copies of these documents and read them thoroughly. In addition as
the course progresses, other resource materials will be referred to.
CE 6010 – CONSTRUCTION CONTRACTS & SPECIFICATIONS

REFERENCES:

Dr. Vandana Bhatt & Pinky Vyas :- Laws for Engineers ( Contract, Arbitration, Evidence,
Limitation)
Dr. P C Markanda: Building & Engineering contracts (Law & Practice)
Gajria, G. T., Law Relating to Building and Engineering Contracts in India, 3rd Ed., N. M. Tripathi
Pvt. Ltd., Mumbai, 1985.
Bartholomew, S. H. Construction Contracting: Business and Legal Principles, Prentice Hall,
Upper Saddle River, New Jersey, USA, 1998.
Hinze, J., Construction Contracts. Second Edition, McGraw Hill, 2001.
Rajan, G.A.N., Law of Engineering Contracts, Constructions Disputes & Remedies, Arbitration
Law Reporter, Delhi, 1998.
Sweet J., and Schneier, M.C., Legal Aspects of Architecture, Engineering and the Construction
Process, 7th Ed., Thomson, Toronto, Canada, 2004.
Seely, I. H., Civil Engineering Specifications, 2nd Ed., Macmillan, 1976.
CPWD – Standard Specifications – Volumes 1 & 2
FIDIC Contract Documents including:
Conditions of Contract for Construction – Red Book - 1999
Short Form of Contract
Conditions of Contract for EPC Turnkey Projects

STUDENT RESPONSIBILITIES

1. To attend class on a regular basis. Please note that student(s) not having the minimum
specified attendance will NOT be permitted to sit for the exams.
2. To be responsible for any and all announcements made during class.
3. To be prepared for each class and participate in class discussions.
4. To notify the professor if you have any illness or special circumstances that might have a
negative impact on your performance.
5. To turn off your mobile phones during class hours.
6. To do individual assignments on your own. In case of group assignments, all group members
are expected to participate equally.