This document discusses the implementation of a construction project using detailed contract documents. It begins by introducing the author and their experience working on various airport projects. It then outlines the current legal framework for construction contracts in Myanmar, including relevant acts and typical contract agreement documents. The document also examines standard forms of construction contracts, including common conditions of contract, specifications, and formats. It recommends publishing standard condition of contract documents and regulating their use in Myanmar. The benefits of using detailed contract documents are said to include clear responsibilities, preventing disputes, protecting public investment, and setting standards for the construction industry.

1. Implementation of
Construction Project with
Detailed Contract Documents
1 March 2014
UMFCCI, Yangon
Soe Minn Sett
Myanmar Transitional Platform

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. CONTENT
1) LEGAL FRAME WORK
2) FORM OF CONTRACT
3) RESULT OF DETAILED CONTRACT DOCUMENTS
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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”
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5. LEGAL FRAME WORK
Rangoon City Municipal Act (1922)
Rangoon City Municipal Act (1956)
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6. LEGAL FRAME WORK
Yangon City Development Committee
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7. CURRENT PRACTICE
City Development Committee
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8. CURRENT PRACTICE
Ministry of Construction
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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.
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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)
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11. LEGAL FRAME WORK
Typical Contract Agreement Document
(Private Sector Project)
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12. LEGAL FRAME WORK
Typical Contract Agreement Document
(Government Sector Project)
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13. LEGAL FRAME WORK
Photo Courtesy : Swe Oo’s Facebook PUBLIC share
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14. FORM OF CONTRACT
PRINCIPAL STAGES OF CONSTRUCTION PROCESS
Decision
to Build
Project
Brief
Completion &
Maintenance
Design
Drawings
Construction
Works
Contract
Documents
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Tender Documentation
-Conditions of Contract
-Drawings
-BQs
-Specifications
Evaluation
& Award
Tender
Invitation
Letter of
Intent/Award
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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)
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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)
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17. FORM OF CONTRACT
Common Standard Form of Condition of Contract
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18. FORM OF CONTRACT
Common Standard Form of Condition of Contract
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19. FORM OF CONTRACT
Common Standard Form of Condition of Contract
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20. FORM OF CONTRACT
Common Standard Form of Condition of Contract
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21. FORM OF CONTRACT
Common Standard Form of Condition of Contract
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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
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23. FORM OF CONTRACT
Specifications
Technical Specification
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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
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25. FORM OF CONTRACT
Specifications
Particular Requirement
NBS
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Master Format
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26. FORM OF CONTRACT
Specifications
Technical Specification
NBS
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Master Format
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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)
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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)
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29. Myanmar Transitional Platform
Thank You
Soe Min Sett
Email : smsett@gmail.com
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