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⦿ “An agreement enforceable by law is
a
Contract.”
⦿ “Every promise and every set of
promises, forming the consideration for
each other , is an Agreement.”
⦿ “The agreement must create legal
obligations between the parties is an
Enforceable.”
⦿ Contract: It is an undertaking by a
firm or a person to do any work under
certain terms and conditions.
⦿ Contractor: A person or a firm who
undertakes any type of contract.
⦿ Arranging Contractor: Contract for
a work is arranged by inviting sealed
tenders, by issuing tender notices.
⦿ Site investigations should have revealed
ground conditions.
⦿ Decisions will have been taken on the
way design is to be carried out.
⦿ A Planning Supervisor will have been
appointed.
⦿ Decisions will have been taken on the
breakdown of construction into different
contract packages to suit capabilities of
potential tenders for civil works, plant
suppliers, etc.
⦿ Environmental studies will have been
undertaken and requirements
assessed.
⦿ Initial project programmes will have
been produced to indicate
the sequences of construction.
⦿ Financial planning will have been
completed to ensure funds will be
available.
⦿ Approvals
⦿ Price Given in Advance
Contracts (Priced-based
Contracts)
⦿ Cost Reimbursement
Contracts (Cost-based
Contracts)
⦿ 01) Lump sum contract
⦿ 02) Lump sum and schedule
contract
⦿ 03) Schedule contracts or Item
Rate contract
⦿ 04) Labour contract
⦿ 05) Target contract
⦿ 06) Materials supply contract
⦿ 07) Piece-Work
agreement
⦿ 08) Cost Reimbursement
Contracts
⦿
⦿
⦿
⦿
a) Cost plus fixed fee contract
b) Cost plus percentage contract
c) Cost plus fluctuating fee contract
d) Percentage rate contract
⦿ Sometimes called Drawings and
Specifications Contract.
⦿ The contractor agrees to perform a
stipulated job of work in exchange for
a fixed sum of money.
⦿ To complete it in all respects within a
specified time for a fixed amount.
⦿ Payment may be staged at intervals of
time on the completion of milestones.
⦿ Deposit of 10%security money is
taken by the department.
⦿ The contractor is responsible for
preparing his B.O.Q. (Bill of Quantities
).
⦿ On completion of the work no detailed
measurements of different items of
work is required.
⦿ Lower financial risk to Employer.
⦿ Higher financial risk to Contractor.
⦿ The final price is known, by the
owner, before the work
commences.
⦿ The contractor has more incentive to
reduce his cost to increase the
profit.
⦿ The contractor hopes to complete
the job as quickly as possible, to
minimize overhead, to maximize
profit and to move to the next Job.
⦿ When level of risks is low and
quantifiable, and
⦿ When the client does not wish to be
involved in the management of his
project.
⦿ That can be accurately and completely
described at the time of bidding such
as residential and building
construction.
⦿ When limited variation is needed.
⦿ Changes in drawings and
specifications can be very expensive
and source of trouble. In other words
the contract has very limited
flexibility for design changes.
⦿ The contractor carries much of the
risks.
The tendered price may include high risk
contingency.
⦿ Competent contractors may decide
not to bid to avoid a high-risk lump
⦿ In this type of contract, the schedule
of rates is also provided in the
contract agreement.
⦿ Measurement of extra items only
shall have to be taken. The original
work is however be checked and
compared.
⦿ The contract however includes a
fixed sum within a fixed time along
with the detailed specifications and
conditions, and the scheduled rates.
⦿ The contractor undertakes the
execution or construction of a work on
the item rate basis only.
⦿ The payment to the contractor is made
by detailed measurement of different
items of works actually done by the
contractor.
⦿ The amount ,the contractor receives
depends on the number of items of
work done.
⦿ The contract agreement includes
quantities, rates and amounts of
various items of work.
⦿ It also includes the 10% security
money, penalties, etc.
⦿ Item rate contract may also be a
percentage above or below the printed
schedule of rates of the department.
⦿ Used for repair and maintenance
works or under conditions of urgency.
⦿ Estimated quantities are surveyed by
Architect/Engineer.
⦿ Contractors enter unit prices against
the estimated quantities of work.
⦿ Useful on projects where the nature
of the work is well defined, but the
quantities of work cannot be
accurately determined in advance of
construction. Suitable for highways,
dams, airports…
⦿ It is also called as UNIT PRICE
CONTRACT
 Fair basis for competition.
 In comparing with lump-sum contract,
A)Changes in contract documents can
be made easily by the owner.
B)Lower risk for contractor.
 The exact final price of the project is
not known to the owner until the
completion of the project.
⦿ All materials for the construction
are arranged and supplied at the
site of work by the department or
owner.
⦿ The labour contractor engages the
labour and gets the work done
according to specifications.
⦿ The contract is on item rate basis
for labour portion only.
⦿ The contractor is paid for the
quantities of work done on
measurement of the different items of
work at the stipulated rate as in
agreement.
⦿ Contractor uses his own tools for
working.
⦿ Plants and machineries are arranged
by the department or owner.
⦿ This system of contract is not
generally adopted in government
works but preferable for private
sectors.
⦿ 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.
⦿ In this system, contractor is given
certain percentage over the actual
cost of the construction as his profit.
⦿ Contractor arranges materials and
labour at his cost and keeps proper
account.
⦿ He is paid by the department by a
profit of say 10% as his profit as
agreed upon beforehand.
⦿ Construction can start before design is
completed.
⦿ If the contractor is efficient in the
utilization of resources then the cost to
the client should represent a fair price
for the work undertaken.
• The project total cost is completely
unknown before the project start.
⦿ Owner must exercise tight cost
control, which may be difficult and/or
costly.
⦿ Minimum efficiency maximizes the
profit.
⦿ 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.
⦿ 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
⦿ The appropriateness for providing
an adequate incentive for efficient
performance by the contractor
⦿ The ability to introduce changes
⦿ The allocation of risks
⦿ The start and completion date of
the project
 Title page – Name of work, contract
bond
number, etc.
 Index page --Content of the
agreement with page references.
 Tender notice--
Giving brief description of work, etc.
Usually 2% of the estimated cost is
deposited along with tender.
 Tender form–
Contractor’s rates and time of
completion, penalty clause, etc.
 Bill of quantities–
Giving quantities and rates of each
item of work and the total cost of the
whole work.
 Schedule of issue of materials–
Giving list of materials to be issued to
the contractor with rates and place of
issue.
 General specifications—
Specifying the class and type of works .
 Detailed specifications–
Each item of work and of each material
to be used in the work.
 Drawings—
Complete set of drawings like plans,
elevations, etc. and site plan, of fully
dimensioned.
1) Rates inclusive of materials, labour,etc.
2) Amount of security money
3) Time for completion of work
4) Progress to be maintained
5) Penalty for bad work
6) Mode of payment
7) Extension of time limit for delay
8) Termination of contract
9) Compensation to labour, minimum
wages, etc.
contracts-unit 3.ppt
contracts-unit 3.ppt

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contracts-unit 3.ppt

  • 1.
  • 2. ⦿ “An agreement enforceable by law is a Contract.” ⦿ “Every promise and every set of promises, forming the consideration for each other , is an Agreement.” ⦿ “The agreement must create legal obligations between the parties is an Enforceable.”
  • 3. ⦿ Contract: It is an undertaking by a firm or a person to do any work under certain terms and conditions. ⦿ Contractor: A person or a firm who undertakes any type of contract. ⦿ Arranging Contractor: Contract for a work is arranged by inviting sealed tenders, by issuing tender notices.
  • 4. ⦿ Site investigations should have revealed ground conditions. ⦿ Decisions will have been taken on the way design is to be carried out. ⦿ A Planning Supervisor will have been appointed. ⦿ Decisions will have been taken on the breakdown of construction into different contract packages to suit capabilities of potential tenders for civil works, plant suppliers, etc.
  • 5. ⦿ Environmental studies will have been undertaken and requirements assessed. ⦿ Initial project programmes will have been produced to indicate the sequences of construction. ⦿ Financial planning will have been completed to ensure funds will be available. ⦿ Approvals
  • 6. ⦿ Price Given in Advance Contracts (Priced-based Contracts) ⦿ Cost Reimbursement Contracts (Cost-based Contracts)
  • 7. ⦿ 01) Lump sum contract ⦿ 02) Lump sum and schedule contract ⦿ 03) Schedule contracts or Item Rate contract ⦿ 04) Labour contract ⦿ 05) Target contract ⦿ 06) Materials supply contract
  • 8. ⦿ 07) Piece-Work agreement ⦿ 08) Cost Reimbursement Contracts ⦿ ⦿ ⦿ ⦿ a) Cost plus fixed fee contract b) Cost plus percentage contract c) Cost plus fluctuating fee contract d) Percentage rate contract
  • 9. ⦿ Sometimes called Drawings and Specifications Contract. ⦿ The contractor agrees to perform a stipulated job of work in exchange for a fixed sum of money. ⦿ To complete it in all respects within a specified time for a fixed amount.
  • 10. ⦿ Payment may be staged at intervals of time on the completion of milestones. ⦿ Deposit of 10%security money is taken by the department. ⦿ The contractor is responsible for preparing his B.O.Q. (Bill of Quantities ). ⦿ On completion of the work no detailed measurements of different items of work is required. ⦿ Lower financial risk to Employer. ⦿ Higher financial risk to Contractor.
  • 11. ⦿ The final price is known, by the owner, before the work commences. ⦿ The contractor has more incentive to reduce his cost to increase the profit. ⦿ The contractor hopes to complete the job as quickly as possible, to minimize overhead, to maximize profit and to move to the next Job.
  • 12. ⦿ When level of risks is low and quantifiable, and ⦿ When the client does not wish to be involved in the management of his project. ⦿ That can be accurately and completely described at the time of bidding such as residential and building construction. ⦿ When limited variation is needed.
  • 13. ⦿ Changes in drawings and specifications can be very expensive and source of trouble. In other words the contract has very limited flexibility for design changes. ⦿ The contractor carries much of the risks. The tendered price may include high risk contingency. ⦿ Competent contractors may decide not to bid to avoid a high-risk lump
  • 14. ⦿ In this type of contract, the schedule of rates is also provided in the contract agreement. ⦿ Measurement of extra items only shall have to be taken. The original work is however be checked and compared. ⦿ The contract however includes a fixed sum within a fixed time along with the detailed specifications and conditions, and the scheduled rates.
  • 15. ⦿ The contractor undertakes the execution or construction of a work on the item rate basis only. ⦿ The payment to the contractor is made by detailed measurement of different items of works actually done by the contractor. ⦿ The amount ,the contractor receives depends on the number of items of work done.
  • 16. ⦿ The contract agreement includes quantities, rates and amounts of various items of work. ⦿ It also includes the 10% security money, penalties, etc. ⦿ Item rate contract may also be a percentage above or below the printed schedule of rates of the department. ⦿ Used for repair and maintenance works or under conditions of urgency.
  • 17. ⦿ Estimated quantities are surveyed by Architect/Engineer. ⦿ Contractors enter unit prices against the estimated quantities of work. ⦿ Useful on projects where the nature of the work is well defined, but the quantities of work cannot be accurately determined in advance of construction. Suitable for highways, dams, airports… ⦿ It is also called as UNIT PRICE CONTRACT
  • 18.  Fair basis for competition.  In comparing with lump-sum contract, A)Changes in contract documents can be made easily by the owner. B)Lower risk for contractor.  The exact final price of the project is not known to the owner until the completion of the project.
  • 19. ⦿ All materials for the construction are arranged and supplied at the site of work by the department or owner. ⦿ The labour contractor engages the labour and gets the work done according to specifications. ⦿ The contract is on item rate basis for labour portion only.
  • 20. ⦿ The contractor is paid for the quantities of work done on measurement of the different items of work at the stipulated rate as in agreement. ⦿ Contractor uses his own tools for working. ⦿ Plants and machineries are arranged by the department or owner. ⦿ This system of contract is not generally adopted in government works but preferable for private sectors.
  • 21. ⦿ 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.
  • 22. ⦿ In this system, contractor is given certain percentage over the actual cost of the construction as his profit. ⦿ Contractor arranges materials and labour at his cost and keeps proper account. ⦿ He is paid by the department by a profit of say 10% as his profit as agreed upon beforehand.
  • 23. ⦿ Construction can start before design is completed. ⦿ If the contractor is efficient in the utilization of resources then the cost to the client should represent a fair price for the work undertaken.
  • 24. • The project total cost is completely unknown before the project start. ⦿ Owner must exercise tight cost control, which may be difficult and/or costly. ⦿ Minimum efficiency maximizes the profit.
  • 25. ⦿ 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. ⦿ 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
  • 26. ⦿ The appropriateness for providing an adequate incentive for efficient performance by the contractor ⦿ The ability to introduce changes ⦿ The allocation of risks ⦿ The start and completion date of the project
  • 27.  Title page – Name of work, contract bond number, etc.  Index page --Content of the agreement with page references.  Tender notice-- Giving brief description of work, etc. Usually 2% of the estimated cost is deposited along with tender.
  • 28.  Tender form– Contractor’s rates and time of completion, penalty clause, etc.  Bill of quantities– Giving quantities and rates of each item of work and the total cost of the whole work.  Schedule of issue of materials– Giving list of materials to be issued to the contractor with rates and place of issue.
  • 29.  General specifications— Specifying the class and type of works .  Detailed specifications– Each item of work and of each material to be used in the work.  Drawings— Complete set of drawings like plans, elevations, etc. and site plan, of fully dimensioned.
  • 30. 1) Rates inclusive of materials, labour,etc. 2) Amount of security money 3) Time for completion of work 4) Progress to be maintained 5) Penalty for bad work 6) Mode of payment 7) Extension of time limit for delay 8) Termination of contract 9) Compensation to labour, minimum wages, etc.