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Contract, in the simplest definition, a promise enforceable by 

law.
The promise may be to do something or to refrain from doing
something. The making of a contract requires the mutual assent of two
or more persons, one of them ordinarily making an offer and another
accepting. If one of the parties fails to keep the promise, the other is
entitled to legal redress. The law of contracts considers such questions
as whether a contract exists, what the meaning of it is, whether a
contract has been broken, and what compensation is due the injured
party.
https://www.britannica.com/topic/contract-law

What is a Contract?
An agreement between two private parties that creates mutual legal obligations. A contract can
be either oral or written. However, oral contracts are more challenging to enforce and should be
avoided, if possible.

https://www.legalmatch.com/law-library/article/what-is-a-contract.html

Contract is an agreement between two or more parties creating


obligations that are enforceable or recognizable at law

It establishes an obligation of each party to fulfill what it is


agreed to perform.

Obligations of the employer:

1. Appointing of the engineer to administer the contract


2. Provision of the site
3. Provision of information, permits, and approvals
4. Providing funds and making payments in accordance with the
contract
5. Participation
Obligations of the Contractor: 

1. Execution and completion of the works and remedying any


defects therein.

2. Provision of 
a. Labor, materials, plant, and equipment needed
b. Preparation of progress report
c. Works program for execution, and updating it whenever
required
d. Setting out of the works
e. Measurement and/or assisting the engineer to do so
f. Records of his personnel and equipment
g. Sample of materials specified
h. Testing and re-testing
i. Temporary works
j. Facilities for other contractors working on the site
k. Keeping the site clean, and remove rubbish

3. The contractor is required to:


a. Sign the contract when he is called to do so
b. Obtain and submit securities, guarantees, and insurance
policies
c. Ensure that his representatives will be available on site at all
times
d. Prepare and submit the contractor’s document, including “as
built drawings” and
manuals of operation and maintenance
e. Attend to the engineer’s instructions
f. Provide access to the employer’s personnel to enter the site
g. Prepare and submit payment statement and documentation
h. To uncover works for inspection when required
i. Rectify (Correct) defective works
j. Secure or compensate the employer against any claims
k. Submit notices to the engineer whenever he encounters
circumstances that may cause future claims
l. Getting approval before assigning sub-contractors or partners
of the works
m. Respond for consultation with the engineer

4. Comply with the applicable laws, labor law and other local
regulations.

Role of the Engineer:

Usually the employer will enter into a consultancy agreement


with the engineer to design and/or supervise the works.

The engineer shall have no authority to amend the contract.


Engineer role can be:

1. As the employer’s agent:


a. Administration of the contract – dealing with the procedures,
provision of information and interpretations, issuance of
variations, approval of samples, etc.
b. Cost accountancy and payments

2. As a supervisor:
The engineer must ensure that the work is being performed to
fulfill the contract documents.

3. As a certifier:
The engineer is required to certify or approve the payments that
should be paid by the employer to the contractor. Those
payments should be made periodically, mostly on monthly basis,
and should depend on the quantity of works finished by the
contractor.
4. As a determiner:

The engineer must act as a mediator to help the parties towards


agreement in issues such as claims for reimbursement of costs or
extension of time 
5. Issuance of instructions and variations
Include: issuance of additional or modified drawings, actions in
relation to defective works, issuance of clarifications, giving
approval, and ordering variations.

https://enginneringcivil.blogspot.com/2018/06/contracts-definition-of-civil.html?m=0

It's important for parties entering into any significant economic transaction
to have written contracts.  This is especially true for construction projects
which are, by their nature, complicated.  A contract on a construction
project sets forth the parties' obligations to each other and determines how
risks will be shared or divided on the project. 
https://www.jdsupra.com/legalnews/the-importance-of-construction-35239/
These five essential elements of a construction contract can result in major
vulnerabilities if overlooked:

1. Full Name, Address, and Signatures of Both Parties


Though this may sound obvious, this commonly overlooked element of construction
contracts is required to make the contract legally binding. Without the proper information
or appropriate signatures on all required documents, it will be difficult to get the contract
to hold up in court.

2. Scope of Work
Although this is an element that is often included in most construction contracts, many
individuals tend to overlook the necessity for details. This area of the contract should, in
great detail, explain the services to be provided, including a description of materials,
quality, grade, schedule of work, and other specifications pertinent to the construction of
the property.

3. Project Cost and Payment Terms


This is an area of a construction contract that should be clearly and simply stated. There
should be no confusion as to the cost of services included and cost of services beyond
the scope of the project. The schedule of payments, the amount that is due, and the
terms and conditions of payment should also be clearly outlined in this section of the
contract.

4. Schedule of Work
Establish a clear notice to proceed date, a construction start date, and date of
completion, and be sure to differentiate between calendar days and work days. It is also
wise to include in the contract that you are not responsible for delays caused by the
property owner in obtaining the required permits, easements, and approvals, or for
delays as the result of bad weather. Make sure to account for lead times from your
suppliers, and if there are change orders, be sure to document any additional time they
will require.

5. Authority
With so many moving parts, it can become difficult to establish who has authority to
make decisions during a construction project. This is why it is important to make clear
who has the authority to make legally binding decisions before project initiation. This
simple element of the contract can save a lot of headache and confusion during the
project.

https://www.cotneycl.com/five-essential-elements-of-a-construction-contract/

Contracts are an important part of the process of any construction project.


A construction contract such as a JCT or NEC Contract provides important
protection for Main Contractors, Subcontractors and Building Employers and is
vital in preventing disputes.  Primarily the contract safeguards against payments
and guaranteeing adequate work, but if a dispute arises, construction contracts
can also dictate how the parties move forward to resolve the issue. Simon
Dunkling, Director at Arbicon ADR Ltd, Construction Dispute Experts, explains the
importance of using a properly drafted written contract for construction projects
and the negative impact if the correct terms are not included.
https://constructionmaguk.co.uk/avoiding-disputes-the-importance-of-construction-contracts/

Contracts:

The following are the various types of contracts,for execution of civil engineering works:
1. Item rate contract
2. Percentage rate contract
3. Lumpsum contract
4. Labour contract
5. Materials supply contract
6. Piece-Work agreement
7. Cost plus percentage rate contract
8. Cost plus fixed fee contract
9. Cost plus fluctuating fee contract
10.Target contract

1. Item rate contract: For this contract, contractors are required to quote rates for individual
items of work on the basis of schedule of quantities furnished by the client's department.

2. Percentage rate contract: In this form of contract, the client's department draws up the
schedule of items according to the description of items sanctioned in the estimate with
quantities, rates, units and amounts shown therein.

3. Lump sum contract: In this form of contract, contractors are required to quote a fixed sum
(lumpsum amount) for execution of a work complete in all respects i.e., according to the
drawings, design and specifications supplied to them with the tender within the specified
time.

4. Labour contract: This is a contract where the contractor quotes rates for the item work
exclusive of the elements of materials which are supplied by the client's Department.

5. Materials supply contract: In this form of contract, the contractors have to offer their rates
for supply of the required quantity of materials , inclusive of all local taxes, carriage and
delivery charges of materials to the specified site within the time fixed in the tender.

6.Piece-Work agreement: As the name signifies the piece-work agreement, it is that for
which only a rate is agreed upon without reference to the total quantity of work to be done
or the quantity of work to be done within a given period.

7.Cost plus percentage rate contract: In tendering for work on a “Cost Plus" basis, the
contractor is paid the actual cost of the work, plus an agreed percentage in addition, to
allow for profit.

8.Cost plus fixed fee contract: In this type of contract, the contractor is paid by the owner an
agreed lump-sum amount over and above the actual cost of work.

9.Cost plus Fluctuating Fee contract: In this type of contract, the contractor is paid by the
owner the actual cost of construction plus an amount of fee inversely variable according to
the increase or decrease of the estimated cost agreed first by both the parties.

10.Target Contract: This is the type of contract where the contractor is paid on a cost-plus
percentage work performed under this contract. In addition, he receives a percentage plus
or minus on savings or excess effected against either a prior agreed estimate of total cost or
a target value arrived at by measuring the work on completion and valuing at prior agreed
rates.

https://www.indiastudychannel.com/projects/2054-Various-types-of-Civil-Engineering-Contracts.aspx

JCT contracts facilitate the process of constructing buildings. In simple terms, contracts set out the
responsibilities of all parties within the construction process and their obligations, so it is clear as to
what work needs to be done, who is doing it, when are they doing it by, and for how much.

JCT is the UK’s leading producer of standard forms of contract, which work on the principle of
adapting established benchmark provisions to suit a wide range of projects.

A specification is a specific description of a particular subject. An engineering specification


contains detailed description of all workmanship and materials which are required to complete
an engineering project in accordance with its drawings and details.
Purpose of Specification:
1. The cost of a unit quantity of work is governed by its specification.
2. A work is carried out according to its specification and the contractor is paid for the
same. Any change in specification changes the tendered rate.
3. The necessity of specification is to verify and check the strength of materials for a
work involved in a project.
4. Specification is an essential contract document and is required for Arbitration or
court cases.
5. Specification is necessary to specify the equipments, tools and plants to be engaged
for a work and thus enables to procure them beforehand.

Principles of specifications:
1. Description of materials: The quality and size of materials required to do an
item of work shall be fully described for checking up at site according to the
bindings provided in the specification.
2. Workmanship: Complete description of workmanship, the method of mixing to
the proportion, the method of laying, preparation of base or surface, compaction,
finishing and curing etc. specifically applicable to the item of work shall be clearly
stated in different clauses.
3. Tools and plants: The tools and plants to be engaged to carry out a work shall
be described. The method of operation and by whom to be supplied shall be
stated.
4. Protection of new work: The method of protection of new works against
damage or the method of curing if required, the test of completed work if
necessary shall be described in separate clauses
5. Expression: While writing a specification endeavor shall be made to express the
requirements of the specification clearly and in concise form avoiding repetition
and unusual words. The style of tense shall remain same throughout.
6. Clauses of specifications: As far as possible, the clauses shall be arranged in
the order in which work shall be carried out. This does not mean to follow the
works according to the order of arrangements but it facilitates reference. While
framing clauses for quality of materials, workmanship, tools and plants etc.
practical possibilities shall be realized.

https://www.ques10.com/p/5963/define-specification-what-are-the-purposes-of-sp-1/

General condition

It includes all parts of the construction shall be finished with first class workmanship to the fullest talent
and meaning of the plans and the Specifications, and to the full satisfaction of the designing Architect
and the Project Owners.
Clearing the site

The construction site must be leveled to a reasonable grade in accordance with the specifications.plans.
Garbage, roots, and other perishable objects should be removed.

STAKING OUT THE BUILDING LINES

Before any excavation begins, the building lines must be staked out and all lines and grades specified on
the designs must be precisely set. Batter boards with construction reference marks should be installed in
such a way that during the excavation for the building's foundation, they would not be disturbed.

EXCAVATION FOR FOUNDATION

All excavation shall be made to grade indicated in the drawings. Where the building site is covered with
any kind of fill, the excavation for footings shall be made deeper until the specified safe bearing capacity
of the sell is reached.

BACKFILLING OF EXCAVATIONS

The material excavated from excavations will be used for backfilling them once the foundation concrete
has cured and can handle the pressure caused by fills.

CONCRETE WORKS

Concrete should be mixed thoroughly such that there is uniform distribution among the cement and
aggregates. The concrete should be vibrated and its forms should be tapped as it is deposited to its final
position to prevent formation of voids in the concrete member which will weaken the building.

PROPORTIONING OF CONCRETE MIX

AH concrete works for this project shall be undertaken in accordance with the standard specifications
for plain and reinforced concrete as approved by the Government.

FORMS FOR CONCRETE WORKS

Forms for all reinforced concrete shall be adequately supported and braced or tied together to maintain
the correct positions and the shapes of poured concrete. Wooden forms shall be oonstructed sufficiently
tight to prevent the bulging of concrete members upon pour1ng or leaking/draining of water during
curing.
STEEL REINFORCING BARS

Steel reinforcing bars to be used for this project shall consist of standard deformed structural bars
meeting ASTM specifications .The steel reinforcements for concrete shall be formed accurately
according to the sizes of the columns, beams and girders, footings, slabs etc., where they are to be used.
They shall be tied together at each bar intersection with Gauge No. 16 G.I wire or by welding.

CONCRETE HOLLOW BLOCKS

Concrete hollow blocks to be used in this project shall be Specify or any other brand of equal quality
readily available in the locality. Use of such alternative brand shall be approved by the Project Architect
or Engineer and the Owners.

ROOFING FRAMING, ROOFING AND ACCESSORIES

The materials to be used for the roof framing such as trusses, struts and web members shall consist of
steel angles 1/4'' thick. Other accessories for the roof frames are shown in the Details of truss Joints and
in the Roof Roof Framing Plan.

DOORS, WINDOWS AND ACCESSORIES

All Interiors shall be installed on door jambs with at least 3 sets of standard loose-pin hinges. For
exterior doors, use 4 sets. size loose-pin hinges while the entrance door lockset, with decorative dummy
trim and dead bolt Foot bolts and overhead barrel bolts shall also be installed. The sliding doors for
terraces should be installed with rails and rollers. The sliding door panels shall be fitted with dead bolts,
barrel and footbofts.

PLUMBING WORKS AND FIXTURES

Plumbing works and materials shall be In accordance with the National Plumbing Code of the
Philippines. Soil and waste pipes shall be properly graded or pitched downward to facilitate easy
discharge of the solid and liquid wastes from the plumbing fixtures.

ELECTRICAL WORKS

Electrical works are induced in the electrical plans of the project which includes Installed Voltage, Wiring
to be used, Wiring Devices, Panel board, Intercom and TV Antenna wiring.

FLOOR FINISHES

The specified materials to be used as floor finishes for the different rooms of the project are 12" x 12"
Ceramic Tiles 8" x 8° Ceramic Tiles the Nara tilea 12'' x 1 2" x 3/8" thick latly the Red paving bricks.
BEDROOM CLOSETS AND KITCHEN CABINETS

All Bedroom closets and Kitchen cabinets shall be built as shown in the plans furnished by the Architect.

PAINTING AND VARNISHING

All painting and varnishing works for this project shall be executed in first class workmanship using
brand products. Surfaces should be thoroughly cleaned to remove mortar, dust, grease, rust and other
foreign substances that may be present on areas to be painted or varnished.

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