Académique Documents
Professionnel Documents
Culture Documents
For sub-lettering parts of the work however, the written consent of the engineer
along my suffice, unless otherwise specified elsewhere in the contract (in part
of II or special conditions)
Q2.
If the rate of progress of construction work is delayed due to unforeseen
sub soil conditions and exceptional adverse weather conditions, identify
the claimable loss or damage that the Contractor may suffer from such
situation and explain the procedure for making such claims.
If and to the extent that the Contractor encounters physical conditions, which
are unforeseeable, gives such a notice, and suffers delay and/or incurs Cost
due to these conditions, the Contractor shall be entitled subject to Sub-
Clause 19.1 (Contractor's Claims) to:
The Engineer may take account of any evidence of the physical conditions
foreseen by the Contractor when submitting the Tender, which may be made
available by the Contractor, but shall not be bound by any such evidence.
Q3.
Explain the term “documents mutually explanatory
In contracts that have both specifications and drawings included as part of the
contract documents you will frequently find a statement that documents are to
be taken as “mutually explanatory” or “complimentary”. For example, in
construction if a document such as a bill of quantities stated the specific
amount of soil for excavation and a specification stated the specific size of
excavation footings and foundations, what would happen if the amount
specified had been consumed, but there was still more excavation required to
comply with the specification? Using “mutually explanatory” or
“complimentary” is an attempt to have the multiple documents read together to
determine the full requirements so not only did the contractor have to excavate
the specified quantity, they also had to meet the specification even if that
required additional excavation.
For example, using the soil excavation issue if the contract was based upon
measured quantities under a bill of materials system, you have two things in
conflict. The quantities listed in the Bill of Materials, and the quantities
required by the specification. If the quantity in the bill of materials and didn’t
take into account the amount of total excavation required to comply with the
specification, the contractor would perform the work to meet specification and
bill and be paid for the additional quantities measured. If the soil issue arose
under a lump sum contract, there would be no estimated quantities provided,
and the contractor should have determined the total amount of excavation
required to meet the specifications.
If an order of precedence does not exist, all terms of the contract documents
have equal standing. When you include an order of precedence provision all
that does is say that in the event there is a conflict between a higher
precedence document and a lower precedence document, the term or
requirement of the higher precedence document shall prevail.
Q4.
Give short and precise answers to the following questions. Allocate 5
minutes for each answer.
(i)
What is the guideline given in ICTAD Forms of Contract in determining
the progressive recovery of advance released to Contractors?
Clause No. 3 form of contract it is clearly prevents the contractor from the
assign the contract, or any part of thereof without the written consent of the
employer. Clause 4 also prevents the contractor from sub lettering the whole
of the works.
For the sub lettering parts of the wok however, the written consent of the
engineer alone may suffice, unless otherwise specified elsewhere in the
contract.
(iii)
According to the ICTAD Formula Method for determining the adjustments
to Contract Price due to fluctuation in price of materials etc. the sum of
Construction In-Puts totals to90.00%. Explain reasons for limiting In-
Puts in this manner.
In this formula it selected as 90% of major materials and other 10% as selected
as minor materials.
(iv)
Write a short note on appointment of “Nominated Subcontractors”
An ex-gratia payment to a contractor is one not legally due under the contract
or otherwise and usually represents compensation paid to the contractor on
grounds of hardship, sympathy or fair-play. A hardship payment may be
described as one which is made without any legal obligation to do so. It is
entirely discretionary. Hence, a loss by a contractor on a contract is not itself a
justification for making an ex-gratia payment. The fact is that the risk of loss is
inherent in any commercial transaction and a contractor should expect in the
normal course of business to offset loss on one contract against the profit on
another.
(vi)
Write a short note on Engineer’s responsibility in Taking Over of Work
According to the clause 10.1 Taking Over of the Works and Sections, Except
as stated in Sub-Clause 9.4 (Failure to Pass Tests on Completion), the
Works and Sections shall be taken over by the Employer when
(i) the Works have been completed in accordance with the Contract, including
the matters described in Sub-Clause 8.2 (Time for Completion) and except as
allowed in sub paragraph (a) below, and
(ii) a Taking-Over Certificate for the works has been issued, or is deemed to
have been issued in accordance with this Sub-Clause.
(vii)
State the circumstances under which a contract may be terminated due
to ‘Frustration’