Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
o Bid Prices
o Bid Validity
o Bid Security
o Pre-bid meeting
o Format and Signing of Bid
Submission of Bids
o Sealing and Marking of Bids
o Deadline for Submission of Bids
o Late Bids
o Modifications and Withdrawal of Bids
Bid Opening and Evaluation
o Bid Opening
o Confidentiality
o Clarification of Bids
o Examination of Bids and Determination of Responsiveness
o Corrections of Errors
Award of Contract
Contract Documents
Tender Notice
Tender notice inviting bids is included and forms part of the contract
document. The main purpose of reprinting the entire advertisement in the
contract document is to protect the engineer against the possibility of a claim
that he misrepresented the nature and conditions of the proposed work
General Instructions
It is necessary to insert the rules and directions instructing the intending
contractor as to how the tender should be completed and emphasising
particulars, which may vitally affect his interest. The purpose of including the
general instructions in the contract documents is to clearly define the
requirements of the contract
Letters Exchanged and Addenda
After the tender is opened and before it is accepted, the parties sometimes
indulge in negotiations on the price/ rates to be agreed and/ or conditions to
be added or modified. The final contract is subject to the additions or
alterations agreed to by the parties and as such it is necessary that the
correspondence exchanged and conditions modified are also made part of the
contract documents
Forms of Contract
PWD and other public bodies have specific, pre-agreed forms of civil
engineering contracts, and these are issued in printed form. For major works,
internationally adopted forms and conditions are adopted, for example, the
FIDIC (International Federation of Consulting Engineers) form. These forms
can be varied by agreement between the parties
Conditions of Contract
The conditions define in detail the rights, duties and liabilities of
o The contractor who carries out the work
o The owner for whom the construction is to be executed
o The architects and engineers who design and supervise the work
Types
experienced contractor could not have foreseen these errors. The contractor
shall
o Comply with the applicable safety regulations
o Institute a quality assurance system to demonstrate compliance
Compliance with quality assurance system shall not relieve the contractor of
any of his duties or responsibilities. The contractor to ascertain all necessary
information regarding risks and contingencies. If the contractor encounters
adverse physical conditions which were unforeseeable, the contractor to give
notice to Engineer. Contractors equipment when brought to site shall be
exclusively intended for the execution of the works and shall not be removed
without the Engineers consent
Progress Report
Reports containing charts, photographs and other documents showing
progress of the works shall be prepared and sent monthly. The progress
report shall cover details of contractors personnel and equipment, quality
assurance documents, safety statistics and comparison of actual and
planned. Also measures adopted to overcome delays are listed
Nominated Subcontractor
o Stated in the contract as being a nominated subcontractor
o Whom the Engineer instructs the contractor to employ as a
subcontractor
The contractor shall be under no obligation to employ a nominated
subcontractor, against whom he raised reasonable objection. The employer
may pay direct to the nominated subcontractor, if not paid by contractor
without justification, and deduct it from contractors money dues
Variation and Adjustment
Variation of work can be initiated by the Engineer at any time up to taking
over stage. Contractor is required to execute each variation unless contractor
writes to Engineer about his inability to perform. Contractor may propose
improvement or changes if beneficial to Employer due to lower value or
better performance. The reduction in cost to the contract price due to above
change shall be shared between Employer and Contractor after adjusting for
loss if any in quality, life and operational performance
The contract price is adjusted for any increase or decrease in cost resulting
from a change in the laws of the country made after the Base Date in the
contract. Escalation clause applies only if provided for in the contract. Such
clause may or may not be sufficient for compensation due to rise in costs,
which have gone up compared to Base Date data. If contractor fails to
complete works within time for completion, adjustment of price will be linked
to date 49 days prior to date of completion or current prices whichever is
more favourable to Employer under Escalation clause
Termination by Employer
Employer can terminate contract on many grounds such as failure to carry
out the contract, subcontracting the whole of the works or assign the contract
without agreement. The bribing for undue favour can be the basis of
termination. Employer can even terminate the contract with 28 days notice
without any reason but not for executing work himself or to appoint another
contractor
Termination by Contractor
When the claim situation, arise the party attempting to demonstrate that it
was prevented from performing or performed in excess of, than the other side
performed contract to requirements has the responsibility of proving such a
conduct. The accused party need not usually defend itself against the
allegation until some evidence is presented by the party raising claim
showing wrongful exercise. Therefore, the party claiming must bring out
concrete evidence while raising the claim, which will not be easily demolished
by the other party
Basis of Claim
The party while preparing the claim must ensure that the relevant position of
the contract law where the remedy is provided is precisely stated. In case
remedy is not available under the express provisions of the contract, the
party claiming should bring out the relevant provisions of contract law under
which such a remedy is available. The party raising claim must also base its
claim on a legal theory that is accepted as a reasonable ground of recovery
under the law applicable to contract. The party raising claim should not only
show that the owner is responsible for the harm for which relief is being
sought, he should also prove that he is free from blame or have not made any
contribution to the harm
Importance of Facts
Facts are the glue which holds the claim together. If presentation is not
coming to a logical conclusion, it must be accepted that some facts are
lacking. If the facts exist, these should be verified and should be safely
preserved so that claim can be supported by such hard evidence. When the
facts give complete concrete evidence the claim can be resolved by the
parties themselves and by doing so lot of time and money can be saved. The
proof of expenditure is a pre-requisite for complete claim analysis by the
owner
Supporting Evidence
The following supporting evidence can contribute immensely in proving the
claims
o Site records, correspondence, records of site meetings, site diaries,
programmes and progress schedules, payments claimed and made
Drafting of a Claim
The claim should be written after all the facts have been assembled. Each claim
should be thoroughly discussed and written in a format, which proves the facts that
a contractor requirement was breached and that a particular clause of contract
entitles the contractor to relief
Introduction
Brief contract particulars relevant to the claim and brief description of the
situation leading to the claim and reference to the relevant correspondence/
notices shall be covered
Ground of Claim
Reference to relevant contract clauses which entitles the contractor for the
claim and where the contract clauses do not provide any remedy, reference
to the contract law section where the claim can be legally justifiable and
admissible
Substantiation of Claim