Construction Contracts Docuements: Esraa Hejjeh
Construction Contracts Docuements: Esraa Hejjeh
Construction Contracts Docuements: Esraa Hejjeh
DOCUEMENTS
BY
LECTURER
Esraa Hejjeh
Alain University
2-1 Instruction to bidders
It describe the scope of the bid, source of
fund (if it is financed from other agency),
fraudulent and fraud practices, eligible
bidders, Eligible Materials, Equipment and
Services, Clarification of Bidding
Document, Site Visit, Pre-Bid Meeting,
Amendment of Bidding Document
2-1 Instruction to bidders (cont’d)
See attached example for ITB.
2-2 Bid Data Sheet (BDS)
Definitions, Engineer’s Authority to Issue Variations, Performance
Security, Inspection of Site, Program to Be Submitted, Cash Flow
Estimate
Bid Security, Minimum Amount of Third Party Insurance
Time for Issue of the Notice to Commence, Time for Completion
Amount of Liquidated Damages, Limit of Liquidated Damages
Amount of Bonus for Early Completion, Limit of Bonus
Defects Liability Period, Amount of Interim Payment Certificates
Percentage of Retention, Limit of Retention Money, Amount of
Advance Payment
Start Repayment of Advance Payment, Monthly Recovery of Advance
Payment
Number of Copies of Statement of Completion and Final Statement
Procedure for Settlement of Disputes
Notice to Employer and Engineer
Origin of Materials and Plant
2-3Evaluation and qualification
This section contains all the criteria that the Employer shall
use to evaluate bids and qualify Bidders if the bidding was
not preceded by a prequalification exercise and post
qualification is applied.
In accordance with items specified in ITB, no other
methods, criteria and factors shall be used. The Bidder shall
provide all the information requested in the forms included
in (Bidding Forms) section..
2-3Evaluation and qualification (con’d)
Agreement
Performance Bond
Payment Bond
Certificates
B.CONDITIONS OF CONTRACT
CONDITIONS OF CONTRACT
Define basic rights, responsibilities, and relationships of the parties involved in the
construction project.
2 types: General Conditions and Supplementary Conditions
GENERAL CONDITIONS
General clauses that establish how the project is to be administered.
Contain basic expressions of rights, duties, and limitations of the entities involved.
Usually in the form of published standard documents that include principles common
to most construction Contracts.
SUPPLEMENTARY CONDITIONS
Modify or supplement general conditions as need to provide for requirements specific
to a project. They are not standardized documents and are prepared for specific project
needs.
A.1 Agreement
The written document signed by the owner and the
contractor that is the legal instrument binding the parties to
the contract.
Defines the relationship and obligations between owner
and contractor.
The agreement is quite brief and appears to consist mostly
of statements of fact, whereas the general conditions
section deals primarily with matters that pertain generally
to be construction work and the persons involved.
In other words, the agreement appears to consist of
statements and the general conditions appear to be terms,
or conditions.
Agreement (cont’d)
The agreement should contain:
The names of contracting parties
A brief description of the work
A list of contract documents, including agreement, general
conditions, drawings, and specifications.
The contract sum, or amount (lump-sum contract)
The procedures for payment
The contract time, or dates for start and completion
The signatures of contracting parties and witnesses
International construction documents are also often based
on industry-prepared standard forms.
AGREEMENT FORM
A number of organizations prepare recommended standard
general conditions and associated forms. Such as:
ENAA (Engineering Advancement Association of Japan)
FIDIC (International Federation of Consulting Engineers)
ICE (Institute of Civil Engineers, United Kingdom)
JCT (Joint Contracts Tribunal)