Implementation of Construction Project with Detailed Contract Documents

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မတ္လ ၁ ရက္၊ ၂၀၁၄ က UMFCCI တြင္တင္ျပခဲ့ေသာ စာတမ္းျဖစ္ပါသည္။

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Implementation of Construction Project with Detailed Contract Documents

  1. 1. Implementation of Construction Project with Detailed Contract Documents 1 March 2014 UMFCCI, Yangon Soe Minn Sett Myanmar Transitional Platform
  2. 2. Key Team Player in following airport projects:Changi Airport (Singapore) Sembawang Airbase (Singapore) Seletar Airport (Singapore) New Phu Quoc International Project (Vietnam) Can Tho International Airport (Vietnam) Buon Ma Thout Airport (Vietnam) Soe Minn Sett B.E (Civil), M.Sc (Transportation Engineering) Benazir Bhutto International Airport (Islamabad, Pakistan) Naypyitaw Airport (Myanmar) Melbourne Airport (Australia) Hambantota International Airport (Sri Lanka)
  3. 3. CONTENT 1) LEGAL FRAME WORK 2) FORM OF CONTRACT 3) RESULT OF DETAILED CONTRACT DOCUMENTS Myanmar Transitional Platform 3
  4. 4. LEGAL FRAME WORK BRITISH BURMA MUNICIPAL ACT, 1874 Ref: Imperial Gazetteer of India, v. 9, p. 213. BURMA MUNICIPAL ACT, 1884 Ref: “A Collection of The Acts published by the Governor General of India in Council in the year 1885” Myanmar Transitional Platform 4
  5. 5. LEGAL FRAME WORK Rangoon City Municipal Act (1922) Rangoon City Municipal Act (1956) Myanmar Transitional Platform 5
  6. 6. LEGAL FRAME WORK Yangon City Development Committee Myanmar Transitional Platform 6
  7. 7. CURRENT PRACTICE City Development Committee Myanmar Transitional Platform 7
  8. 8. CURRENT PRACTICE Ministry of Construction Myanmar Transitional Platform 8
  9. 9. LEGAL FRAME WORK Contract Law -Myanmar Contract Act, 1872 (formerly known as “Indian Contract Act”) - Sale of Goods Act, 1930 Same as Australian, English, Hong Kong and Singapore law. three major differences: (i) Consideration may be given by a person who is not a person to the contract; (ii) Past consideration (that is, payment/performance prior to entering into the contract) is valid consideration (iii) Consideration is not presumed in the case of a contract under seal. Myanmar Transitional Platform 9
  10. 10. LEGAL FRAME WORK Typical Contract Agreement Document (Private Sector Project) - Contract agreements were drafted on Stamp paper and signed by both parties. - May witness by Lawyers - Mentioned payment term - General description of project deliverable (Eg. 8 stories R.C building, 20’ x 50’ Warehouse Steel Structure building etc) Myanmar Transitional Platform 10
  11. 11. LEGAL FRAME WORK Typical Contract Agreement Document (Private Sector Project) Myanmar Transitional Platform 11
  12. 12. LEGAL FRAME WORK Typical Contract Agreement Document (Government Sector Project) Myanmar Transitional Platform 12
  13. 13. LEGAL FRAME WORK Photo Courtesy : Swe Oo’s Facebook PUBLIC share Myanmar Transitional Platform 13
  14. 14. FORM OF CONTRACT PRINCIPAL STAGES OF CONSTRUCTION PROCESS Decision to Build Project Brief Completion & Maintenance Design Drawings Construction Works Contract Documents Myanmar Transitional Platform Tender Documentation -Conditions of Contract -Drawings -BQs -Specifications Evaluation & Award Tender Invitation Letter of Intent/Award 14
  15. 15. FORM OF CONTRACT Standard form of Contract Documents 1. Articles of Agreement 2. Conditions of Contract (regulate to practice) 3. Plans and Drawings 4. Bill of Quantities 5. Specification (recommend to practice) Myanmar Transitional Platform 15
  16. 16. FORM OF CONTRACT Common Standard Form of Condition of Contract  Joint Contracts Tribunal (JCT)  International Federation of Consulting Engineers (FIDIC)  NEC Engineering and Construction Contract (NEC)  Singapore Institute of Architect (SIA)  Association of Consultant Architects (ACA)  Public Sector Standard Conditions of Contract for Construction Works (PSSCOC)  Master Format (Construction Specification Institute, CSI) Myanmar Transitional Platform 16
  17. 17. FORM OF CONTRACT Common Standard Form of Condition of Contract Myanmar Transitional Platform 17
  18. 18. FORM OF CONTRACT Common Standard Form of Condition of Contract 18
  19. 19. FORM OF CONTRACT Common Standard Form of Condition of Contract Myanmar Transitional Platform 19
  20. 20. FORM OF CONTRACT Common Standard Form of Condition of Contract Myanmar Transitional Platform 20
  21. 21. FORM OF CONTRACT Common Standard Form of Condition of Contract Myanmar Transitional Platform 21
  22. 22. FORM OF CONTRACT PSSCOC Public Sector Standard Conditions of Contract for Construction Works 1. Definitions and Interpretation 13. Suspension 26. Indemnity Provisions 2 . Superintending Officer and 14. Time for Completion 27. Insurance for Personal Injury, Work Superintending Officer's Representative 15. Expediting Progress of Works Injury Compensation and Property 3. Contract Documents 16. Liquidated Damages Damage 4. General Obligations of the Contractor 17. Substantial Completion 28. Insurance of the Works 5. Sub-Surface and Ground Conditions 18. Defects 29. Damage to Property of Employer or 6. Permanent Works Designed by the 19. Variations to the Works Government Contractor 20. Valuation of Variations 30. Assignment and Subcontracting 7. Notices and Fees 21. Measurement 31. Termination by The Employer 8. Setting Out 22. Claims for Loss and Expense 32. Progress Payments and Final Account 9. Programme for the Works 23. Procedure for Claims 33. Fluctuations 10. Quality in Construction 24. Construction Equipment 34. Final Completion Certificate 11. Administration Temporary Works Materials and 35. Settlement of Disputes 12. Possession of Site And Goods 36. Recovery by the Employer Commencement Of Works 25. General Responsibilities 37. Governing Law & Notices Myanmar Transitional Platform 22
  23. 23. FORM OF CONTRACT Specifications Technical Specification Myanmar Transitional Platform 23
  24. 24. FORM OF CONTRACT Specifications Specification Format -National Building Specification Format (UK Based System) -Master Format (Construction Specification Institute, CSI) (US Based System) - PWD/CPG General Specification Myanmar Transitional Platform 24
  25. 25. FORM OF CONTRACT Specifications Particular Requirement NBS Myanmar Transitional Platform Master Format 25
  26. 26. FORM OF CONTRACT Specifications Technical Specification NBS Myanmar Transitional Platform Master Format 26
  27. 27. RECOMMENDATION  Publish Standard Condition of Contract by relevant Authorities (for Public and Private Sectors)  Regulate to practice the published Standard Condition of Contract  Practice to include Detailed Specification (Consultants, License Engineers, Professional Engineers) Myanmar Transitional Platform 27
  28. 28. RESULT OF PRACTICING DETAILED CONTRACT DOCUMENT  Clear understanding of respective responsible of each party (Benefit to both Employer and Employee)  Prevent ambiguity and un-necessary Arbitration at Court (lost time and money)  Property is “General Public Investment” (Contribute GDP)  Preparation for “Next Generation of Construction Industrial” (Set up the industrial practice and standard to prevent from Nasty International Contractor who want to take advantages on lack of industrialise inexperience) Myanmar Transitional Platform 28
  29. 29. Myanmar Transitional Platform Thank You Soe Min Sett Email : smsett@gmail.com 29

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