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TECHNICAL

SPECIFICATIONS
GENERAL CONSIDERATIONS:
1. The quantity, quality and characteristics of
various materials to be used including the
possible lifetime of the material.
2. The usual and practicable methods of executing
the work to be done at the cheapest without
sacrificing the ends to be achieved.
3. The methods ordinarily employed in the
manufacture of the product or the machine and
in the construction, operation and maintenance
of the plant or structure.
NEED OF PREPARING AN OUTLINE
1. There is a need to prepare an outline by dividing the
work to be done in various elements and by getting
down in detail all materials and processes which must
be included.
2. The divisions may be further subdivided if necessary
for clarity.
3. For some fundamental materials or processes, the
qualities or operations for each should be
differentiated or classified.
4. It is advisable that the engineer should always have a
notebook at hand when thinking of an improvement.
TYPES OF SPECIFICATIONS
1. SIMPLE SPECIFICATION
• It is advisable only to simpler forms of labor and
simpler kinds of materials or supplies and machines
which have become numerous or complicated.

2. DETAILED SPECIFICATIONS
• It become mandatory as the design becomes more
elaborate and parts of the structure become numerous
or complicated.
• The specifications shall be complete and details should
be placed clearly as to the character of the materials,
workmanship and design.
OTHER CONSIDERATIONS IN THE
PREPARATION OF SPECIFICATION
1. Resorting to Published specifications
2. Modifying the requirements in the specifications
3. Use of standard materials and methods
4. Standard specifications prescribed by technical
societies
5. Avoidance of exclusive specifications
6. Accessory and equipment
7. Test and guarantee
ASPECTS OF DESIGNS & SPECIFICATIONS
FOR ENGINEERING WORK
1. General considerations
2. Undesirable practice
3. Design and false economy
4. Estimating the structure
OBLIGATIONS AND
CONTRACTS
MEANING OF OBLIGATION:
• It is a juridical necessity to give, to do or not
to do.
• It comes from the Latin word obligare which
means to bind through giving, doing or not
doing something.
• It is a juridical necessity because the rights
and duties emanating from obligation may be
enforced in courts of justice which may order
their performance if refused or neglected
REQUISITES OF AN OBLIGATION:
• Juridical tie or vinculum which is the link that
binds the parties;
• The prestation which is the giving, doing or not
doing of something;
• The active subject which is the person who holds
the right to demand the prestation, called obligee
or creditor;
• The passive subject which is the person against
whom the prestation may be demanded.
SOURCES OF OBLIGATIONS
• Law
• Contracts
• Quasi – Contracts
• Acts or omissions punishable by law
(Crimes)
• Quasi-Delicts
FACTORS AFFECTING OBLIGATIONS:
1. Diligence required in the performance of an
obligation
2. Rights to the fruits of the thing to be
delivered
3. Rule when obligor incurs delay
4. Liability of obligor for fraud, negligence,
delay, etc.
5. Liability arising from fortuitous events
KINDS OF OBLIGATIONS:
1. Pure Obligation
2. Conditional Obligation
3. Obligation with a Period
4. Alternative and Facultative
5. Joint and Solidary
6. Divisible and Indivisible
7. Obligation with a Penal Clause
MODES OF EXTINGUISHING
OBLIGATION:
• 1. By payment or performance
• 2. By loss of the thing due
• 3. By condonation or remission of the debt
• 4. By confusion or merger of the rights of
creditor & debtor
• 5. By compensation
• 6. By novation
DEFINITION OF A CONTRACT:
• It is the meeting of the
minds between two persons
whereby one binds himself,
with respect to the other, to
give something or to render
some service.
CONTRACT DIFFERENTIATED FROM
AGREEMENT:
• Contract is often times used interchangeably with
the term agreement.
• A contract forms a subdivision of the genus
agreement from which follows that, while every
contract is based on agreement, not every
agreement is a contract.
• In order for an agreement to qualify as a contract,
the parties much have clearly intended to be
bound by legal tie. Moreover, a contract when
breached can be enforced in court, not in the
case of an agreement
STAGES OF A CONTRACT:

• 1. Preparation or conception
• 2. Perfection or birth
• 3. Consumation or termination
CLASSIFICATION OF CONTRACTS:
• 1. Express and implied contracts
• 2. Unilateral and bilateral contracts
• 3. Consensual and real contracts
• 4. Executed and executory
contracts
• 5. Nominate and innominate
contracts-
REQUISITES OF CONTRACT:
• CONSENT of the contracting parties
• OBJECT CERTAIN which is the subject matter
of the contract
• CAUSE OF THE OBLIGATION which is
established
DEFINITION:
• CONSENT – is the conformity of wills of the contracting
parties upon the object and cause as well as to the other
terms and conditions of the contract

• OBJECT CERTAIN – all things which are within the


commerce of man including future things having potential
existence, rights which are not intransmissible and services
which are not contrary to law, morals, good customs,
public order and policy, and not impossible of compliance
maybe the object of a contract.

• CAUSE OR CONSIDERATION – is the immediate, direct and


proximate reason why a party enters into the contract and
without which the contract becomes a nullity. The cause
may be either be onerous, remuneratory or gratuitous.
PREPARING THE CONTRACT
POINTS TO RECKON IN CONTRACT WRITING:
Before drafting the contract, the engineer,
should among others, be aware of the
following:
– The need of the client
– The terms and conditions desired including the
subject matter and considerations of the contract
– Legality of the contemplated contract
PARTS OF A CONTRACT
1. TITLE OF CONTRACT
2. SALUTATION
3. THE BODY
1. INTRODUCTION OF THE PARTIES AND THE AGREEMENT
2. TERMS AND CONDITIONS
3. DISPOSITIVE CLAUSE
4. DATE AND PLACE OF EXECUTION
4. SIGNATURES OF THE PARTIES.
5. NOTARIAL ACKNOWLEDGEMENT
MATTERS USUALLY EMBODIED IN
ENGINEERING CONTRACTS
• The following are generally contained in many engineering
contracts:
• Workmanship according to agreed plans and specifications
• Materials which must be the agreed quantity and quality
• Responsibility on compliance with legal requirements
• Control and Supervision of the work by the engineer to fairly
insure the accomplishment of the project.
• Bonds that must be put up to secure the performance of the
contract and other liabilities to which the client-owner may be
exposed
• Contract modification of rescission for willful breach of the
terms and conditions of the contract
• Risk or additional cost or penalty by reason of defective
workmanship
• Mode and conditions for payment.
OTHER ENGINEERING DOCUMENTS:
1. Specification Proper
2. Advertisements or Invitation to bidders
3. Proposals
4. Plans and Designs
5. Performance Bond
6. Cost Estimate and Bill of Materials
7. Program of Works
SAMPLE OF CONTRACT

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