Presentation Slide in UMFCCI Seminar on 1 March 2014

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

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)
Benazir Bhutto International Airport (Islamabad, Pakistan)
Naypyitaw Airport (Myanmar)
Melbourne Airport (Australia)
Hambantota International Airport (Sri Lanka)
Soe Minn Sett
B.E (Civil),
M.Sc (Transportation Engineering)

3. 1) LEGAL FRAME WORK
2) FORM OF CONTRACT
3) RESULT OF DETAILED CONTRACT DOCUMENTS
3
CONTENT
Myanmar Transitional Platform

4. 4
Ref: Imperial Gazetteer of India, v. 9, p. 213.
LEGAL FRAME WORK
BRITISH BURMA MUNICIPAL ACT, 1874
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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LEGAL FRAME WORK
Rangoon City Municipal Act (1922)
Rangoon City Municipal Act (1956)
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Yangon City Development Committee
LEGAL FRAME WORK
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CURRENT PRACTICE
City Development Committee
Myanmar Transitional Platform

8. 8
CURRENT PRACTICE
Ministry of Construction
Myanmar Transitional Platform

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Contract Law
LEGAL FRAME WORK
-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

10. LEGAL FRAME WORK
10
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
11
Typical Contract Agreement Document
(Private Sector Project)
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12. LEGAL FRAME WORK
12
Typical Contract Agreement Document
(Government Sector Project)
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LEGAL FRAME WORK
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Photo Courtesy : Swe Oo’s Facebook PUBLIC share

14. FORM OF CONTRACT
14
PRINCIPAL STAGES OF CONSTRUCTION PROCESS
14
Project
Brief
Decision
to Build
Evaluation
& Award
Completion &
Maintenance
Design
Drawings
Tender Documentation
-Conditions of Contract
-Drawings
-BQs
-Specifications
Tender
Invitation
Construction
Works
Letter of
Intent/Award
Contract
Documents
Myanmar Transitional Platform

15. FORM OF CONTRACT
15
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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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)
FORM OF CONTRACT
Myanmar Transitional Platform

17. 17
Common Standard Form of Condition of Contract
FORM OF CONTRACT
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Common Standard Form of Condition of Contract
FORM OF CONTRACT

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Common Standard Form of Condition of Contract
FORM OF CONTRACT
Myanmar Transitional Platform

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Common Standard Form of Condition of Contract
FORM OF CONTRACT
Myanmar Transitional Platform

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Common Standard Form of Condition of Contract
FORM OF CONTRACT
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PSSCOC
Public Sector Standard Conditions of Contract for Construction Works
1. Definitions and Interpretation
2 . Superintending Officer and
Superintending Officer's Representative
3. Contract Documents
4. General Obligations of the Contractor
5. Sub-Surface and Ground Conditions
6. Permanent Works Designed by the
Contractor
7. Notices and Fees
8. Setting Out
9. Programme for the Works
10. Quality in Construction
11. Administration
12. Possession of Site And
Commencement Of Works
13. Suspension
14. Time for Completion
15. Expediting Progress of Works
16. Liquidated Damages
17. Substantial Completion
18. Defects
19. Variations to the Works
20. Valuation of Variations
21. Measurement
22. Claims for Loss and Expense
23. Procedure for Claims
24. Construction Equipment
Temporary Works Materials and
Goods
25. General Responsibilities
26. Indemnity Provisions
27. Insurance for Personal Injury, Work
Injury Compensation and Property
Damage
28. Insurance of the Works
29. Damage to Property of Employer or
Government
30. Assignment and Subcontracting
31. Termination by The Employer
32. Progress Payments and Final Account
33. Fluctuations
34. Final Completion Certificate
35. Settlement of Disputes
36. Recovery by the Employer
37. Governing Law & Notices
FORM OF CONTRACT
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Technical Specification
Specifications
FORM OF CONTRACT
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Technical Specification
Specifications
FORM OF CONTRACT
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Specifications
Specification Format
-National Building Specification Format
(UK Based System)
-Master Format (Construction Specification Institute, CSI)
(US Based System)
- PWD/CPG General Specification
FORM OF CONTRACT
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Specifications
Particular Requirement
FORM OF CONTRACT
NBS Master Format
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Technical Specification
Specifications
FORM OF CONTRACT
NBS Master Format
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 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)
RECOMMENDATION
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 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)
RESULT OF PRACTICING DETAILED CONTRACT DOCUMENT
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30. Thank You
30
Soe Min Sett
Email : smsett@gmail.com
Myanmar Transitional Platform