You are on page 1of 2

Contract Management in Projects Q1. Describe the four basic elements of contract. Q2.

Describe the characteristic and legal issues of Lump-Sum Turn Key type (LSTK) contract. Unit 3 - P47 Q3. Write short notes on the following bidding methods: (a). International/Global Competitive Bidding (ICB) (b). Limited International Competitive Bidding (LIB) (c). National Competitive Bidding (NCB) Unit 6.2 - P104 Q4. List the advantages of referring a dispute to arbitration Unit 13.3.3 Q5. Write short note on the following types of merges: (a). Product extention merger (b). Conglomeration (c). Horizontal merger (d). Purchae merger (e). Consolidation merger Unit 15.2 Q6. Describe in brief the major components of planning negotiation. Unit 11.3.2 – P211 Ans1.
An agreement must contain four essential ingredients to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.

Offer There must be a definite, clearly stated offer to do something. Examples of offers can be a quotation by sub-contractor to the main contractor and an offer to lease. An offer is different from an invitation to treat. An invitation to treat is not an offer but an invitation to other persons to make an offer, or an offer to consider offers. An agreement is not created if there is an acceptance of the invitation to treat. An invitation to treat is part of the preliminaries of negotiation, whereas an offer is legally binding once accepted, subject to compliance with the terms of the offer. Examples of invitations to treat are advertisements, price lists, circulars and catalogues. An offer does not include ball park estimates, requests for proposals, expressions of interest, or letters of intent. An offer will lapse when the time for acceptance expires, if the offer is withdrawn before it is accepted, or after a reasonable time in the circumstances (generally the greater the value of the contract, the longer the life of the offer).

Acceptance Only what is offered can be accepted. This means that the offer must be accepted exactly as offered without conditions. If any new terms are suggested this is regarded as a counter offer which can be accepted or rejected. There can be many offers and counter offers before there is an agreement. It is not important who makes the final offer, it is the acceptance of that offer that brings the negotiations to an end by establishing the terms and conditions of the contract.

It is also being adopted for large infrastructure developements such as airports. the parties entering into the contract must intend to create legal relations and must understand that the agreement can be enforced by law. one party promises to do something in return for a promise from the other party to provide a benefit of value (the consideration) Consideration is what each party gives to the other as the agreed price for the other's promises. Usually the consideration is the payment of money but it need not be. the acceptance must conform with the method prescribed by the offerer for it to be effective. The courts will not intervene where one party has made a hard bargain unless fraud. If the parties to a contract decide not to be legally bound. Back to top Consideration In order for a contract to be binding it must be supported by valuable consideration. so the contract doesn't have to expressly state that you understand and intend legal consequences to follow. petroleum and petrochemical facilities and power plants.Sum Turn Key type (LSTK) contract Lum-sum turn key (LSTK) EPC contracting is now populat world wid as a project delivery system for large process and power facilities. That is. Examples are steel mils. in writing. it can be anything of value including the promise not to do something. Lump. or inferred by action which clearly indicates acceptance (performance of the contract). water treatment facilites and telecommunication systems.Acceptance can be given verbally. . In any case. While the term LSTK implies a fixed price for the whole contract. Intention of legal consequences A contract requires that the parties intend to enter into a legally binding agreement. The contract price issue can howevr vary from 'fixed price' to a 'hypbrid price'. LNG facilities. The intention to create legal relations is presumed. or to refrain from exercising some right. That is to say. The payment doesn't need to be a fair payment. you must understand that several variations of the EPC mode of contrating are in voque. this must be clearly stated in the contract for it not to be legally enforceable. Ans2. duress or unconscionable conduct is involved.