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[suraj]

Professional Engineer (India)Suraj Singh

信息专业工程师我耐心ased to include a brief about my book

I am also pleased to include a copy of the Doha forms of contracts used generally on the civil engineering construction contracts by all major departments & consulatnats

Civil Engineering

BUILDING PRACTICE MANAGEMENT,

STATE OF THE ART CONTRACTS,

STRUCTURAL PROFILES,

SWIMMING POOLS,

ENGINEER IN LAW

WITH STATUTORY REFERENCES

By professional engineer Suraj Singh

Published by CBS publishers 4596/1A,11 Darya Ganj, New Delhi 110002 in 1996



Pleasure comes to me bringing out this small book on the subject of practical project management on the civil & architectural collectively termed as building engineering (specialized discipline) including all the aspects of the building from the conceive stage to the final completion of any project involving the services of all (the design, supervision & the execution) civil, architectural, structural, allied services engineers such as electrical, mechanical, plumbing & drainage & the specialized engineers, etc., to participate in one way or the other under the direction & the guidance of an engineer in terms of contract purpose designated by the owner/user/promoter or the body for which the project has to be carried out. The engineer may be an architect, a civil engineer, a structural engineer depending on the merit of the case & the individual qualifications including the tutorials. 289 sketches have been added for the guidance of the designers & the planners & the students of the engineering & the architecture just to let the reader apprise of what are the overall responsibilities of an engineer & the other engineers by whom the project shall be completed under the leadership of the engineer in one way or the other, directly or indirectly as some body working for the contractor shall also be guided by the engineer as far as the construction contract is concerned.



The book is based on the experience with attainment in the civil engineering discipline on building projects in various countries particularly on the British & European typical contracts & the systems which are supposed strictly adhered to the standards. I confide in the readers to find interest in the contents of this book & may make use for practical work. Though this book covers very small part of the discipline but shall comprehensively fit in for the engineer�s job in office as well as in field & part dissemination of knowledge & distance continuing education in practice including working legal base.



I shall be glad to get the critics & suggestion from well-wishers & the readers & be grateful to all of them.



Note- The public in general may read this issue for their benefit to appraise with the building engineering aspect & augment the general knowledge in dealing with the problems of their proposed houses etc.
Professional Engineer (India) Suraj Singh




Contents



Categories/Classes of planning

Explanation of classes

Preparation of various bills of quantities

Preparation of various building specifications

Converting the above documents to the tender documents

Short listing / Pre qualification of tenderers

Floating tender, closing, scrutiny & negotiation

Tender bond

Site handover, commencement of construction, supervision & control by various agencies working on the contract area


Coordination, Liaison

Contractor�s organization structure levels

Contractor�s agent

Internal dealings with contractor�s organization & dealing at site

Elaboration of co ordinations as pointed out earlier

Architectural /Structural

Structural/Mechanical/Engineering

Electrical/Mechanical/Engineering

Reflected ceiling plans

Structural finishes/Electrical

Structural/Plumbing & drainage

Services/finishes

External services/External works

Liaison to the statutory bodies

Structural/structural

Liaison

Main contractor/Sub contractor

Sub contractor/ Sub contractor

主要承包商/居民Engineer & Engineer

Contractor / other main contractors

Main contractor/Local statutory bodies

Main contractor/Engineer



What a contractor�s agent is supposed to do

Maintain site diary, site diary

Some consultants prefer daily job records

Daily report submittal

Material submittal

Material submittal proforma/sheet

Shop drawing/Working drawing, proforma

Weekly programme

Quarterly programme

Complete programme /Bar schedule, chart

Allocating percentages to a particular activity/operation

Revised programme

Monthly progress report, monthly technical & coordination meeting internal as well as external, contract site meeting

Minutes of Technical & coordination meeting

Monthly progress report

Special & instant meetings

Site memorandum

Site Instruction, Engineer�s Instruction

Valuation

Valuation to the sub contractor/minor sub contractor

Reflected ceiling plan

Record drawing/As built drawings

Request for inspection

Test report/Material test record

Concrete pour control, Ready mix concrete

Material status schedule

Working drawing & shop drawing

Complete coordination & liaison

Liaison

Internal dealings with the contractor�s organization

Material requirement

Coordination with garage

Daily report to the head office

Coordination to the main quantity engineer/surveyor

协调的办公室做事e manager, staff & other agents

Coordination with the contracts manager

Miscellaneous labour problems

Coordination with other sections of the company

Agent�s dealing at site

Daily programme

Daily supervision

Daily material order

Solving instant site problems

Solving problems with the resident engineers/consultants

Solving staff disputes & ordering

Labour bills for wages, overtimes 7 leave salaries

Labour working on contract

Preparing rebar schedule

Proposal for alternatives to the resident engineer/consultants

Technical studies of the job & instructions

Daily meetings 7 general liaison

Analysis if the project cost based on programme

What a deputy agent / sub agent should do

What a site engineer should do

What general foremen should do?

What an assistant engineer should do

What a foreman should do

What a plant engineer or foremen should do

What is an office manager?

Time clerk/keeper, storekeeper

What a mechanical engineer should do

What an electrical engineer should do

What a plumbing & drainage engineer should do

What a road engineer should do

Specialist works

Engineer & his supervision

Engineer�s office structure�s levels

Resident engineer & supervision

What a resident engineer should do

Contractual/Legal aspects

Architectural engineering consultant

Structural engineering consultant

Civil works engineering consultant

Mechanical engineering consultant

Electrical engineering consultant

Plumbing & drainage engineering consultant

Quantity engineering consultant

Office staff

Inspectors/Clerk of works

Working relations

Records to be kept in the resident engineer�s office

Corresponding proformas/Supervisory records

Engineer� instructions

Minutes of the coordination & technical meeting

Minutes of the contract site meeting

Remedial works/notes, remedial notes

Confidential letter

Variation order

Snagging list/format

Progress charts

Day works

Contractor�s letter to engineer for practical completion

Completion certificate correspondences for practical & final completion

Site clarification, General Inspection request

Concrete pour inspection request, Daily job records

Accident report on site

Proforma for the infrastructural chamber�s records

Proforma for testing & commissioning

Operations/activities involved in swimming pool construction

General activities in a building construction/execution

Sports courts surfacing

Epoxy floors, concrete auxiliaries 7 resin compounds

Knowledge of different type of contracts

Package deal contract

Bills of quantity contract

Schedule of rates contract

Lump sum contract

Itemized lump sum contract

Bills of quantity plus percentage rate contract

Cost plus percentage contract

Cost plus fee contract

Labour rate contract

Target contract

Construction by direct labour

Subcontract

Some miscellaneous contract terms

Prime cost sum

Provisional sum

Price enhancement on the materials

Enhancement on the wages

Extras

Lump sum itemized contract

Bills of quantity contract

Fixation of extra prices

Unforeseen circumstances

Loaded price

Claims

Delay claims

Practical completion

Civil engineering project management

Management contract for building projects (typical)

Civil engineering construction contract

New site

Sketches 171#s (not to scale)

Buildings profiles 118 #s (not to scale)

General information about swimming pools of Jacuzzi

Engineer in law

Building Practice with Statutory references








Civil Engineering Construction Projects


Building Practice



Construction project in itself is a wide term applied to the production engineering of any civil engineering requirement. We shall like to discuss the various stages related to the making of a building of any requirement or use.

Generally, a building project comprises of four major classes or categories of planning as given below:



To conceive or visualization of an idea / a dream to form a structure of optimum use with fruitful returns corresponding the capital investment in a fixed duration.

Technicalities ( all engineering details formations)

Carrying works out on site to the final forms (executions)

Commissioning to the use & operational maintenance.



包括建筑的艺术aspects of vision & various considerations equipping the owner for whom the work/project shall be carried out with an hypothetical structure in the form of bird�s eye view / perspective/model as felt necessary by the engineer & the owner keeping in view the co-ordinational opinion between the engineer of the architectural discipline & the owner finally concluding the proposal matching the owner�s budget & use requirements. The in-depth discussion for that is not worth here.



Comprises of architectural planning & detailing per the statutory bye laws followed by structural designing & detailing & further enriched by the inclusions of all the allied services schematic details regarding electrical, engineering, plumbing & drainage, civil works, mechanical works & all the external & internal works with the proper landscaping maintaining equilibrium for the users of the proposed structure.



Comprises of the operations which appear to the common eyes that something concrete is taking place as this stage includes complete tendering work, contract award & the carrying the works on site to the final form & preparation of the BOQs specs, contracts conditions, fixation of rates of various items, lot of correspondences & exchanges of information among various agencies interested to participate in the project for their business, real applications of the visualization & the dreams on the site to the practical formation of the structures, supervisions, payments, co-ordinations, contract disputes, budget escalations, extras, substitutions, additions, deletions, alterations, exports & imports of the materials, financial dealings, accidents compensations, exposure of all the skills, investigations, research, experience, confirmation of the theory of engineering & various other factors. In this class it appears that all the actors working on one platform for one goal.



Comprising the testing, commissioning, use & maintenance of the works.



Explanations

Stage / class 1 & 2 in fact correspond to the mutual interactions among the owner, architectural engineer, structural engineer, services engineers, specialists engineers, civil works engineers, draughting engineers & the statutory bodies which are all the indoor activities & of course, do not result in much complications but concentration on the paperwork/deskwork & in the drawing & design office under the direction of the engineer in the terms of contract. Factually all the approaches & the ideas are on papers & every thing appears to be smooth going as a dream. At this stage due to non-availability of various facts a number of assumptions are made subject to the practical availability & design adjustments consequently, you should find a number of changes at site during execution followed by various instructions particularly in some sections where every item is not feasible enough to be carried out per design standards.



Stage / class 3

This is the most difficult class & shall be further divided into t number of activities/operations

Preparations of various bills of quantities (BOQs)

Preparations of all the building specifications (Specs)

Converting these into the tender documents

Short-listing of tenderers or pre-qualifications

Floating the tenders, their closing & scrutiny, negotiations, suitability check & either rejection or award by the owner

Site handing over, commencement of construction, supervision & control till practical completion of the contract, the complete site clearance by various agencies working on the contract

Snags, rectifications, practical completions, main work accomplished



Stage/class 4

Major testing & commissioning of all systems are carried out to the satisfactions of the specialist engineers of the concerned disciplines for the specified period in the contract. Generally on month commissioning is recommended by the British standards & thereafter the maintenance of the built structures commences that shall be done for a period of 400 days or as specified in different contracts. The final completion shall be issued by the engineer to the contractor on the successful completion of the maintenance period in all respects as specified in the general & the project specifications of the concerned contracts. The grant of the final completion certificate shall be the day where the contract shall be termed completed contract.



The explanations of various activities/operations are given in the followings



Preparations of various BOQs

这是一个很大的潜在&技术工作performed by the quantity engineers in consultations with the engineers of the different disciplines under the final supervision of the engineer all based on the detailed engineer�s designs & planning & the schematic details project specifications as prepared by the specialist engineers of respective disciplines. The system of forming it depends on what type of construction contract shall be adopted as often in the Middle East & other advanced countries the trend in practice is to adopt the itemized lump sum contract wherein the tenderer offers a fixed sum for accomplishing the whole job according to the scope of the works mentioned in the tender documents based on the rates of all the items priced by the tenderer in the provided BOQs. Practically, this form of contract is of great convenience to all due to in it having potential to reach various settlements of expected disputes of additions, alterations, omissions, etc. It also helps to evaluate the amount of the works done very easily, without measuring the work done on site & recording in the measurement books.

Not given further


GENERAL CONDITIONS OF CONTRACT








ACCORDING TO THE

INSTITUTION OF CIVIL ENGINEERS LONDON GUIDELINES



Commentary

P Eng SURAJ SINGH







Created on 08/09/00 6:14 AM


Table of Contents
Clause

DEFINITIONS AND INTERPRETATIONS

1

(1) Definitions

(2) Singular and Plurals

(3) Marginal Headings or Notes

ENGINEER�S REPRESENTATIVE

2 Duties and Powers of Engineer�s Representative

ASSIGNMENT AND SUB-LETTING

3 Assignments

4 Sub letting

EXTENT OF CONTRACT

5 Extent of Contract

CONTRACT DOCUMENTS

6

(1) Language/s

(2) Documents Mutually Explanatory

7

(1) Custody of Drawings

(2) One copy of Drawing to be kept on Site

8 Further Drawings and Instructions

GENERAL OBLIGATIONS

9 Contract Agreement

10 Performance Bond

11 Inspection of site

12 Sufficiency of Tender- Adverse Physical Conditions and Artificial Obstructions

13 Works to be to the Satisfaction of Engineer

14 Programme to be Furnished

15 Contractor�s Superintendence

16 Contractor�s Employees

17 Setting Out

18 Boreholes and Exploratory Excavation

19 Watching and Lighting

20

(1) Care of Works

(2) Excepted Risks

21 Insurance of Works etc.

22

(1) Damage to Persons and Property

(2) Indemnity by Government

23

(1) Third Party Insurance

(2) Minimum Amount of Third Party Insurance

24

(1) Accident or Injury to Workmen

(2) Insurance against Accident to etc. to Workmen

25

(1) Remedy on Contractor�s Failure to Insure

(2) Notification by Contractor

26

(1) Compliance with Statutes, Regulations etc.

(2) Giving of Notices and Payment of Fees

27 Fossils etc

28 Patent Rights and Royalties

29 Interference with Traffic and Adjoining Properties

30

(1) Extraordinary Traffic

(2) Special Loads

(3) Settlement of Extraordinary Traffic Claims

(4) Waterborne Traffic

31 Opportunities for Other Contractors

32 Supply of Plant Materials and Labour

33

(1) Site to be Kept Clear of Obstruction

(2) Clearance of Site on Completion

LABOUR

34

(1) Condition of Employment

(2) Rates of Pay

(3) Wages Book

(4) Trades Unions

(5) Compliance with Clause

(6) Supply of Labour

(7) Permits

(Repatriation

(9) Contractor to Preserve the Peace

(10) Alcohol and Drugs

(11) Arms and Ammunition

(12) Religious and Other Customs

(13) Health

(14) Housing, Water etc.

(15) Contractor�s Responsibility

(16) Temporary Works

35 Returns of Labour

MATERIALS AND WORKMANSHIP

36

(1) Quality of Materials and Tests

(2) Cost of Samples

(3) Costs of Tests

(4) Costs of Test not Provided for etc.

37 Access to Site

38

(1) Examination of Work before Covering up

(2) Uncovering & Making Opening

39

(1) Removal of Improper Work & Material

(2) Default of Contractor in Compliance

40(1) Suspension of Work

(2) Suspension Lasting more than 90 days

COMMENCEMENT TIME AND DELAYS

41岁开始工作



42

(1) Possession of Site

(2) Wayleaves etc

43 Time for Completion

44 Extension of Time for Completion

45 No Night or Friday Work

46 Rate of Progress

47

(1) Liquidated damages for Delay

(2) Reduction of Liquidated Damages

48 Certificate of Completion of Works

MAINTENANCE AND DEFECTS

49

(1) Definition of Period of Maintenance

(2) Execution of Work of Repair etc

(3) Cost of Execution of Work of Repair etc

(4) Remedy on Contractor�s Failure to Carry Out Work required

50 Contractor to search



ALTERATIONS, ADDITIONS AND OMISSIONS

51

(1) Variations

(2) Orders for Variations to be in Writing

(3) Valuation of Variations

(4) Power of Engineer to Fix Rates

(5) Daywork under Variation Orders

52 Claims

PLANT, TEMPORARY WORKS AND MATERIALS

53

(1) Plant, Definitions

(2) Ownership of Plant Brought to Site

(3) Conditions of Hire of Certain Plant

(4) Cost for Purposes of Clause 63

(5) Contractor�s Certificate as to Hiring Provisions

(6) Hire Purchase Payments by Government

(7) Irremovability of Certain Plant

(Re-vesting removal and Failure to Remove Plant

(9) Liability to Loss or Injury to Plant

(10) Incorporation of Clause in Sub-Contracts

54 Approval of Materials etc not implied

MEASUREMENT

55 Quantities

56

(1) Variations etc to be Measured

(2) Foundations

57

(1) Method of Measurement

(2) Daywork

(3) Payment for Daywork

PROVISIONAL AND PRIME COST SUMS

58

(1) Provisional Sums

(2) Prime Cost Items

(3) Use of Provisional and Contingency Items

(4) Production of Vouchers etc

(5) Cash Discount

(6) Assignment of Sub-Contractor�s obligations

59

(1) Nominated Sub Contractors

(2) Payments to Nominated Sub Contractors

CERTIFICATE AND PAYMENT

60

(1) Monthly Statements

(2) Monthly Payments

(3) Payment of Retention Money

(4) Time for Payment

(5) Correction and Withholding of certificates

(6) Currency of account

(7) Retention on Sub Contractors

(Final Account

61 Approval only by Maintenance certificate

62

(1) Maintenance Certificate

(2) Cessation of Government�s Liability

(3) Unfulfilled Obligations

REMEDIES AND POWERS

63

(1) Forfeiture

(2) Valuation at date of Forfeiture

(3) Payment after Forfeiture

64 Urgent Repairs

SPECIAL RISKS

65

(1) No Liability for War etc Risks

(2) Damage to Works etc by Special Risks

(3) Projectile, Missile etc

(4) Increased Costs arising from Special Risks

(5) Outbreak of War

(6) removal of Plant on Termination

(7) Payment if Contract Terminated

FRUSTRATION

66 Payment in Event of Frustration

SETTLEMENT OF DISPUTES

67 Settlement of Disputes-Arbitration

NOTICES

68

(1) service of Notices on Contractor

(2) Service of Notices on Government

(3) Services of Notices on Engineer

DEFAULT OF EMPLOYER

69 Default of Government

INCREASE OF DECREASE OF COSTS

70

(1) Adjustment of Contract Price in Respect of Labour

(2) Overheads and Profits Excluded

(3) Notices and records

(4) Determination of Adjustment to Contract Price

(5) Adjustment to be made in Interim Payments

(6) Provision in Sub-Contracts



OTHER CONDITIONS

71 Taxation, Customs Duty, Rates and Other Charges

72 constructional Plant, Temporary Works and Materials etc

73 Details to be Confidential

74 Bribery and Corruption

75 Boycott of Israel

76 Law to Apply
CONDITIONS OF CONTRACT
Part I General Conditions

Definitions & Interpretation

合同1(如以下定义)following words & expressions shall have the meanings hereby assigned to them except where the context otherwise requires

a 'Government� means the Government of the State of who has called for Tenders to build or construct, erect or deliver the works and who shall employ the contractor

Comment- Though the �Government � word is used in this clause which shall be applicable only on the projects controlled by the state. For the projects to be owned by private sector or individual persons or groups, this word shall be replaced by �Promoter� which signifies the same function constitutionally according to the requirement of the Contract Act

b �Contractor� means the person or persons, firm or company whose tender has been accepted by the Government and includes the contractor�s personal representatives, successors and permitted assignees

Comment- �Contractor shall be replaced by �Execution or the Procurement & construction. Should it be a non-package deal wherein the Engineering concept and design functions shall not be the contractor�s responsibility. Engineering procurement and construction i.e EPC shall be added in case the function pertaining to the Engineering designs to form part of the contract contractor

c �Engineer � means the Director of Engineering, Ministry of Public Works, Engineering Services Department, Post Office Box or other Engineer appointed from time to time by the Government/Owner and notified in writing to the contractor to act as Engineer for the purposes of the contract in place of the Engineer so designated

Comments- The description of any person / firm appointed by the promoter as consultants, group or architectural Engineering group or project management group shall also be included

d �Engineer�s Representative� means any Resident Engineer or Resident Architect or Assistant of the Engineer or any Clerk of Works appointed from time to time by the Government or the Engineer to perform the duties set forth in Clause 2 hereof and whose Authority shall be notified in writing to the contractor by the Engineer

Comments- The description of Engineer�s representative or Resident Engineer or Resident architect shall for the purpose of appointment include in addition to by the government or Engineer, by the promoter or by the Engineer as well

e �Works� means all the works to be executed and �permanent plant and equipment� to be installed in accordance with the contract



Comments-�Works� shall include design and maintenance also if relevant to the nature of the operations and in certain cases the procurement of various machines, plants and equipment

f �Contract� means the conditions of Contract Specifications Drawings priced Bill of Quantities, Schedule of Rates and Prices (if any),
Tender and the Contract Agreement
Comments- This definition also included this document �the general conditions of the contracts� in addition to all the other documents

g �Contract Price� means the sum named in the Tender subject to such additions thereto or deductions therefrom as may be made under the provisions hereinafter contained

Comments- �Contract price� shall not be subject to any qualification and in case certain qualifying condition is added, that shall be a separate clause

h �Construction Plant� means all appliances or things of whatsoever nature required in or about the execution completion or maintenance of the works or Temporary Works (as hereinafter defined) but does not include materials or other things intended to form or forming part of the permanent work

Comments- These shall include all the accessories, items or anything necessary to keep the safety intact for the machines or equipment operations throughout the contract duration or the currency of the contract

I �Temporary Works� means all temporary works of every kind required in or about the execution, completion or maintenance of the works

Comments- These works shall be covered under the provisions of the statutory requirements including complete safety for every operation

J �Drawings� means the drawings referred to in the specification and any modification of such drawings approved in writing by the Engineer and such other drawings as may from time to time be furnished or approved in writing by the Engineer

Comments- The drawings shall also form part of the contract documents in totality of the meaning of the terms

K �Site� means the land and other places on, under, in or through which the works are to be executed or carried out and any other lands or places provided by the Government for the purposes of the contract together with such other places as may be specifically designated in the contract as forming part of the site

Comments- Access to site must be clear without any obstruction

L �Approved � means approved in writing including subsequent written confirmation of previous verbal approval and �approval� means approval in writing including as aforesaid.

Comments- Includes an approval by the Engineer or an expert or professional and also by the owner or the government as the client

2 Words importing the singular only also include the plural and vice versa where the context requires

Comments- Words importing the male only shall also include the female and vice versa where the context otherwise requires

3 The marginal headings or notes in these Conditions shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof or of the contract

评论-没有包含在这个repr笔记oduction but if so required, may be included for the easy reflection subject to the acceptance that these if so included , shall not form any contractual status so far as the impact and the applicability about this contract document is concerned

ENGINEER�S REPRESENTATIVE



2个工程师的职责�年代的代表to watch and supervise the Works and to �test and examine� any materials to be used or �workmanship� employed in connection with the works. He shall have no Authority to relieve the contractor of any of his duties or obligations under the contract nor, (except as expressly provided hereunder or elsewhere in the contract to order any work involving delay or any extra payment by the Government) nor to make any variation of or in the works

The Engineer may from time to time in writing delegate to the Engineer�s Representative any of the powers and Authorities vested in the Engineer and shall furnish to the contractor a copy of all such written delegation of Powers and Authorities. Any written instruction or approval given by the Engineer�s Representative to the contractor within the terms of such delegation (but not otherwise) shall bind the Contractor and the Government as though it had been given by the Engineer. Provided always as follows:

工程师�年代代表disa的失败pprove any work or materials shall not prejudice the power of the Engineer thereafter to disapprove such work or materials and to order the pulling down, removal or breaking up thereof

评论-反对的批准工作Resident Engineer shall be activity confined or if the sequential activities are carried out and then the Engineer rejects the works, that is not legally meaningful. Immediate condemnation and rejection or disapproval should be given just after the relevant operation has been carried over and request for inspection has been made or if, the work is of such a nature as the sequence of the following activities does not apply

b If the Contractor be dissatisfied by reason of any decision of the Engineer�s Representative, he is entitled to refer the matter to the Engineer who shall thereupon confirm, reverse or vary such decision

Comments- The Engineer by virtue of enjoying the status of a judge statutorily as the powers vested in by the professional Engineering charter and confirmed by the statute clarifying the definition of a judge (refer to the Panel Code in the definition of a judge), draws the authority to review the decision on any operation during superevising and examining of any activity under his charge since the Engineer is contractually deemed to be appointed an official for the design and supervision of the job which by virtue of this appointment shall warrant on him the revision authority on the Resident Engineer�s performance
ASSIGNMENT AND SUB LETTING
3 The contractor shall not assign the Contract or any part thereof or any benefit or interest therein or thereunder (otherwise than by a charge in favour of the contractor�s bankers of any monies or to become due under this contract) without the prior written consent of the Government

Comments- Assignment cannot be effected under the statutory provisions without the consent, general or special power of attorney or transferring the sales deed but for some specific purpose or cause say the procurement or appointment. It could be executed under the contractual provision as an Engineer/contractor. Engineer in the management contract and the contractor in the construction contract respectively

4 The contractor shall not sub let the whole of the Works. Except where otherwise provided by the Contract, the Contractor shall not sub let any part of the Works without the prior written consent of the Engineer (which shall not be unreasonably withheld) and such consent if given, shall not relieve the Contractor from any liability or obligation under the contract and he shall be responsible for the acts, defaults or neglects of the Contractor, his agents, servants or workmen. Provided always that the provision of labour on a piecework basis shall not be deemed to be a sub letting under this clause
Comments- All proposed sub contractors, their agents, employees or servants etc shall be approved. The senior staff shall be approved by the Engineer based on the qualification and the experience called the track record, competency etc
5

EXTENT OF CONTRACT

The contract comprises the construction, completion and maintenance of the Works and except in so far as the Contract otherwise provides, the provision of all Labour, Materials, Constructional Plant Temporary Works and everything whether of a temporary or permanent nature required in and for such construction, completion and maintenance so far as the necessity for providing the same is specified in or reasonably to be inferred from the Contract

Comments- The design in full or part may be included in the scope of the contract if so required to be carried out by the contractor, though it may confine to be the select works only but possibility cannot be ruled out Training for certain special disciplines and items shall also be included
CONTRACT DOCUMENTS
6

5 The Contract shall be construed and interpreted according to the English language

Comments- In case the format of this contract is translated into any other language followed by the document registration in the concerned region, the construction or interpretation of this contract document shall be construed in that language according to the general clauses act

1 Except if and to the extent otherwise provided by the contract, the provisions of these Conditions of Contract shall prevail over those of any other document forming part of the Contract. Subject to the foregoing several documents forming the contract, are to be taken as mutually explanatory of one another but in case of ambiguities or discrepancies, the same shall be explained & adjusted by the Engineer who has thereupon to issue to the Contractor instruction directing in what manner the work is to be carried out. Provided always that if in the opinion of the Engineer, compliance with any such instructions does not involve the contractor in any expense which by reason of any such ambiguity or discrepancy, the contractor did not and had reason not to anticipate, the Engineer shall certify and the Government have to pay such additional sum as may be reasonable to cover such expense

Comments- In case of the technicalities of the project i.e the design and specifications, the Contract Form contents shall not prevail over those but for contractual and legal matters

7 1 The drawings remain in the sole custody of the Engineer but two copies shall be furnished to the contractor free of cost. The Contractor shall provide and make at his own expense any further copies required by him. At the completion of the contract, the contractor shall return to the Engineer all drawings provided under the contract. The contractor shall prepare all further detailed sketches and schedules which he may require supplementary to the drawings supplied by the Engineer

The contractor shall give adequate notice in writing to the Engineer�s Representative for any further drawing or specification that may be required for the execution of the works or otherwise under the contract

2 One copy of the drawing furnished to the contractor as aforesaid shall be kept by the contractor on the site and the same at all reasonable times be available for inspection and use by the Engineer, the Engineer�s Representative and by any other person authorized by the Engineer in writing

Comments- Nevertheless, the copy right shall continue to be owned by the Engineer for all the designs, specifications and all approved documents and other details, it is also the contractual obligations on the part of the Engineer to issue all schematic and working drawings needed for his design for the execution purpose and should not be exclusively expected of the contractor to notify for the requirement except for certain specific cases where shop drawing are to be proposed by the contractor to the Engineer for the Engineer�s approval

8 The Engineer shall have full Power and Authority to supply to the contractor from time to time during the progress of the Works such further drawings and instructions as be necessary for the purpose of the proper the adequate execution and maintenance of the works, which the contractor shall carry out and be bound by the same

Comments- These drawings and the instructions shall be considered regular documents under the contract
GENERAL OBLIGATIONS
9 The Contractor shall when called upon so to do, enter into and execute a contract agreement (to be prepared at the cost of the Government) in the form annexed with such modifications as may be necessary

Comments- Though the formal executed contract agreement is not necessarily required to be registered as a document according to the Contract Act statutorily but should be preferred to be entered into, executed by the parties to the contract and registered as a document bearing / including all the parties concerned maintaining the Engineers status as solicitor and the parties to the contract being the Owner and the Contractor

10 The contractor shall within 28 days from the notification of acceptance of his Tender obtain the Guarantee of an Insurance Company or Bank to be �jointly and severally� bound with the Contractor to the Government in the sum Stated in the Tender and the Appendix thereto, for the due performance of the Contract under the terms of a bond and the said Insurance Company or Bank and the terms of the said Bond be such as to be approved by the Government and the obtaining of such Guarantee and the cost of the Bond to be so entered into, to be at the expenses in all respects of the Contractor unless the contract otherwise provides

评论——政府��称为圣这个词atutory provision of the Banking Companies Acts and Reserve Bank or the relevant bank for the purpose of the �bank surety� or �guarantee�, which should the contractor fail to perform the contract to the full extent required, shall be liable to confiscation or the forfeiture to the owner/government as the case may be and the bank which provided the guarantee/ surety for the contract performance , shall also be equally liable under the contractual provisions

11 The Contractor shall be deemed to have inspected and examined the site and its surroundings and to have satisfied himself before submitting his Tender as to the nature of the ground and sub soil, the hydrological and climatic conditions, the form and the nature of the site, the quantities and the nature of the work materials necessary for the completion of the works, the means of access to the site, the accommodation he may require and in general, shall be deemed to have himself obtained all necessary information as to risks� contingencies and other circumstances which may influence or affect his Tender.

Comments-Since the contract is of itemized lump sump nature, no extra payment can be made due to any of the discrepancies discoveries among all the contractual documents which are to be interpreted mutually explanatory or the site conditions within the normal limits with the exception of natural calamities never recorded in the past �fifty years or more� period

12 1 The Contractor shall be deemed to have satisfied himself before tendering as to correctness and sufficiency of his Tender for the Works and of the rates and prices Stated in the priced Bill of Quantities and the Schedules of Rates and Prices (if any) which rates and prices (except in so far as it is otherwise hereinafter provided) cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the Works.

Comments- In general the contractor should use normal prices in relation to the items in the bill of quantities as the loaded price, if so priced, may not help the contractor in case of omission of those items from the contract at a later stage according to the owner�s requirement. The prices filled in as included shall not be paid separately as well

2 If during the execution of the works the contractor encounters physical conditions (other than weather conditions or conditions or conditions due to weather conditions) or artificial obstructions which conditions or obstructions could not have been foreseen by an experienced contractor, the contractor shall forthwith and before such conditions or obstructions are disturbed, give written notice thereof to the Engineer or Engineer�s Representative and if in the opinion of the Engineer such conditions are artificial obstructions could not have been reasonably foreseen by an experienced contractor then the Engineer shall certify and the Government pay to the contractor such sums as the Engineer certified

a to be the proper and reasonable expense of complying with any instructions which the Engineer may have issued to the contractor in connection therewith and

b such other expense (if any) which the contractor may reasonably have incurred in carrying out the works which would not have been incurred had such conditioned or obstructions not been encountered

评论——由于这一条款的复杂性very difficult to draw a line or a barrier to confine whether or not the physical condition or artificial obstructions appear to be within the construction of a definition of normal occurrence or outstanding occurrence which shall force the owner to pay extras to the contractor due sums certified by the Engineer for the additional expenses towards works carried out or to be carried out for the complete contract performance

13 Save in so far as it is legally or physically impossible, the contractor shall execute complete and maintain the works in strict accordance with the contract to the satisfaction of the Engineer and comply with, adhere strictly to the Engineer�s Instructions and directions on any matter (whether or not mentioned in the contract) touching or concerning the works. The contractor shall take instructions and directions only from the Engineer or (subject to the limitations referred to in clause 2 hereof) from the Engineer�s Representative

Comments- In case the contractor justifies the design part is questionable or uneconomical or not durable or may cause unnecessary delay on the contract execution due to some of the technical provisions which could either be avoided or altered, shall request the Engineer or the Resident Engineer with the formal proposal and if found suitable, shall strictly follow the approved proposal as Engineer�s instruction subject to cost control and without any cost impact

14 Within 14 days after the acceptance of his tender, the contractor shall submit to the Engineer for his approval a programme showing the order of procedures and method in which he proposes to carry out the works and shall whenever required by the Engineer or Engineer�s Representative furnish for his information particulars in writing of the contractor�s arrangements for the carrying out of the works and of the construction plants and temporary works which the contractor intends to supply, use or construct as the case may be. The submission to & approval by the Engineer or Engineer�s Representative of such programme or the furnishing of such particulars shall not relieve the contractor of any of his duties or responsibilities under the contract

Comments- And in addition to complete programme, the contractor may be asked to submit his programmes for individual units in case the job comprises of those units, for example a number of big buildings separately existing and also from time to time, the Engineer or the Resident Engineer shall require the quarterly, monthly or weekly programmes and recovery programmes as the case may be. The contractor or his agent shall move the job in line with the approved programme with any aberration to the progress graph brought back if lagging behind the schedule by the recovery programme

15 The contractor shall give or provide all necessary superintendence during the execution of the works and as long as thereafter as the Engineer may consider necessary for the proper fulfilling of the contractor�s obligations under the contract. The contractor or a competent and authorized agent or representative approved in writing by the Engineer (which approval may any time be withdrawn) is to be in attendance constantly on the works and shall give his whole time to the superintendence of the same. If such approval is withdrawn by the Engineer, the contractor shall as soon as practicable (having regard to the requirement of replacing him as hereinafter mentioned) after receiving written notice of such withdrawal, remove the agent from the site and shall not thereafter employ him again on the site in any capacity and replace him by another agent approved by the Engineer. Such authorized agent or representative shall receive on behalf of the contractor directions and instructions from the Engineer or (subject to the limitations of clause 2 hereof ) the Engineer�s Representative

Comments- It shall be preferable that the proposed contractor�s agent be a professional Engineer and if not, at least a chartered Engineer or equivalent competent Engineer, with whom the Engineer or the Resident Engineer should not find any inconvenience in dealing with� the technical and Engineering� matters to follow up. Such highly qualified contractor�s agent shall also competently and comfortably guide the assistants

16 1 The contractor shall provide and employ on site in connection with the execution and maintenance of the works

a only such assistants as are skilled and experienced in their respective callings and such sub agents foreman and leading hands as are competent to give proper supervision to the work they are required to supervise, and

b such skilled and semi skilled and unskilled labour as is necessary for the proper and timely execution and maintenance of the works

2 The Engineer shall be at liberty to object to and require the contractor to remove forthwith from the works any person employed by the contractor in or about the execution or maintenance of the works who in the opinion of the Engineer misconducts or is incompetent or negligent in the proper performance of his duties or whose employment is otherwise considered by the Engineer to be undesirable and such person so removed from the works, shall be replaced as soon as possible by a competent substitute approved by the Engineer

3 The agent and a reasonable proportion of his technical assistants shall be able to speak English and a reasonable proportion of foreman shall have knowledge of the English language. In addition the contractor shall ensure that a reasonable proportion of his foreman have a working knowledge of the Arabic language to enable proper supervision of Arab labour

Comments- All the contractor�s and the sub contractors personnel shall be allowed to work on site subject to the CV approvals by the Engineer which may be withdrawn at any post approval time in case the Engineer or the Resident Engineer deems that the relevant incumbent is not to the mark in performance and is incompetent. All personnel shall have the �English� language knowledge and also the regional language knowledge

17 The contractor shall be responsible for the true and proper setting out of the works in relation to original points lines and levels of reference given by the Engineer in writing and for the correctness (subject as above mentioned) of the position levels dimensions and alignment of all parts of the works and for the provision of all necessary instruments appliances and labour in connection therewith. If at any time during the progress of the works, any error appears or arises in the position, levels, dimensions or alignment of any part of the works, the contractor on being required so to do by the Engineer or the Engineer�s Representative shall at his expense rectify such error to the satisfaction of the Engineer or Engineer�s Representative unless such error is based on incorrect data supplied in writing by the Engineer or Engineer�s Representative in which case the expense of rectifying the same shall be borne by the Government. The checking of any setting out or of any line or level by the Engineer or the Engineer�s Representative shall not in any way relieve the contractor of his responsibility for the correctness thereof and the contractor has to carefully protect and preserve all bench marks sight rails pegs and other things used in setting out the works

Comments- Any erroneous data supplied by the Engineer leading to mistakes in designs or execution forms part of coordination and shall be the Engineer�s responsibility and if the Engineer has a contract with the owner based on the professional fee, the liability of that incorrect doing shall go to the account of the Engineer and not the owner but in case, the Engineer being an employee status, engaged by the government or the owner, the responsibility shall go to the owner�s or the government account. The setting out of the job and excavations are in particular the contractor�s agent responsibility in coordination with the engineer or the Resident Engineer. That is why , the agent should ensure that the detailed references of all bench marks and lines or references are recorded and preserved

18 If at any time during the execution of the works, the Engineer requires the contractor to make bore holes or to carry out exploratory excavation, such requirement shall be ordered in writing and be deemed to be an addition ordered under the provisions of clause 51 hereof unless a provisional sum in respect of such anticipated work is included in the Bill of Quantities

Comments- The contractor should examine the preambles specified in the bill of quantities document carefully whether or not, the entry column for the site investigation bore holes is provided in. The contractor shall be deemed to carry out the site exploration and the investigation to have satisfied himself regarding the site soil characteristics, strata, ground water table and all other matters or things liable to meet or encounter during excavation. In case the site investigation item has not been included in the documents, the contractor shall investigate the soil by drilling or excavating at least two trial holes or pits for the Engineer�s inspection, chemical as well as other analysis. The report included with the contract document is only for the guidance purpose to the contractor

19 The contractor shall in connection with the works provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary or required by the Engineer or Engineer�s Representative or by any duly Constituted Authority for the protection of the works or for the safety and convenience of the public or others

Comments- All means of the safety adopted by the contractors should be according to the functional requirement and to the safety codes and provisions on the laws concerned. There are so many acts covering the safety such as the traffic manuals, industrial safety manuals and other conventional or the regulated measures which are supposed to be effected depending upon the site operation requirement

20 1 From the commencement to the completion of the works, the contractor shall take full responsibility for the care thereof and all temporary works and in case any damage loss or injury happens to the works or to any part thereof or to any temporary works from any cause whatsoever (save and except the excepted risks as defined in sub clause (2) of this clause), shall at his own cost repair and make good the same so that at completion of the works be in good order and condition and in conformity in every respect with the requirements of the contract and the Engineer�s instructions. In the event of any such damage loss or injury happening from any of the excepted risks, the contractor shall if and to the extent required by the Engineer and subject always to the provisions of clause 65 hereof, repair and make good the same as aforesaid at the cost of the Government. The contractor shall also be liable for any damage to the works occasioned by him in the course of any operations carried out by him for the purpose of complying with his obligations under clause 49 hereof

Comment- The contractor should protect all approved works permanent or temporary and due diligence has to be applied by the site agent to maintain full care of the carried out works

2 the �excepted risks� are war hostilities (whether or not war be declared) invasion act of foreign enemies, rebellion revolution, insurrection or military or usurped power civil war or (otherwise than among the contractor�s own employees), riot commotion or disorder or use or occupation by the Government of any portion of the works in respects of which a certificate of completion has been issued or a cause solely due to the Engineer�s design of the works (all of which are herein collectively referred to as �the excepted risks�)

Comments- These are the excepted risks and contractor or the Engineer or the owner or any one else cannot control

21 Without limiting his obligations and responsibilities under clause 20 hereof, the contractor shall insure in the joint names of the Government and the contractor against all loss or damage from whatever cause arising (other than the excepted risks) for which he is responsible under the terms of the contract and in such manner that the Government and contractor are covered during the period of construction of the works and are also covered during the period of maintenance for loss or damage arising from a cause occurring prior to the commencement of the period of maintenance and for any loss or damage occasioned by the contractor in the course of any operations carried out by him for the purpose of complying with his obligations under clause 49 hereof

a The works and the temporary works to the full value of such works executed from time to time plus 10% to cover any additional expenses of and incidental to the demolition, removal, restoration or repair of any such loss or damage

b The material constructional plant and other things brought on to the site by the contractor to the full value of such materials, constructional plants and other things

c All plant, equipment and materials of any kind being provided under separate contract or by nominated sub contractors for incorporation in the works from the time such plant equipment and materials are taken over by the contractor at the port workshop or place of manufacturing as the case may be until delivery to site and thereafter in accordance with sub paragraphs (a) and (b) above

这种保险应当与一家保险公司nd in terms approved by the Government (which approval shall not be unreasonably withheld) and the contractor whenever required, produce to the Engineer or the Engineer�s Representative the policy or policies of the insurance and responsibilities as aforesaid. Nothing in this clause contained shall render the contractor liable to insure against the necessity for the repair or reconstruction of any work constructed with materials or workmanship not in accordance with the requirements of the contract

Comments- The provision of works insurance depends upon the relevant statutory provisions if applicable. The Engineer should scrutinize prior to including this clause in the contract conditions. Should the law permit, such insurance to cover for the works and the temporary works in the joint names of the owner and the contractor, there shall be no harm to resort this condition otherwise, the inclusion is void

22 1 The contractor shall (except of and so far as the specification provides otherwise) indemnify and keep indemnified the Government against all losses and claims for injuries or damage to any person or any property whatsoever (other than surface or other damage to land being or crops on the site suffered by tenants or occupiers) which may arise out of or in consequence of the construction and maintenance of the works and against all claims, demands, proceedings, damages, costs charges and expenses whatsoever in respect of or in relation thereto. Provided always that nothing herein contained shall be deemed to render the contractor liable for or in respect of or to indemnify the Government against any compensation or damages for or with respect to

a The permanent use of occupations of land by the works or any part thereof or (save as hereinafter provided) surface or other damage as aforesaid

b政府构建的权利吧ks or any part thereof on over under in or through any land

c Interference whether temporary or permanent with any right of light airways or water or other easement or quasi easement which is the unavoidable result of the construction of the works in accordance with the contract

d Injuries or damage to persons or property resulting from any act or neglect done or commuted during the currency of the contract of the Government, Government agents servants or other contractors (not being employed by a contractor) or in respect of any claims, demands, proceedings, damages, costs charges and expenses in respect thereof or in relation thereto

Provided further that for the purposes of this clause the expression �the site� shall be deemed to be limited to the area defined in the specification or shown on the drawings in which land and crops be/are disturbed or damaged as an inevitable consequences of the carrying out of the works

2 The Government shall save harmless and indemnify the contractor from and against all claims, demands, proceedings, damages, costs charges and expenses in respect of the matter referred to in the provision to sub clause (1) of this clause

Comments- The contractor has been constituted liable for damage to persons and property relevant to contract job, saving certain provisions effecting the property involved in contract documents confined to site description and also anything caused by the officials other than the officials of the contractor. Caving of excavation due to improper supporting arrangement, collapse of forms of structural elements due to improper preparatory arrangement, subsistence of adjoining structures due to basement excavations: falls from high altitudes of persons/workers: accidents on site due to improper movements of equipment and machines etc shall amount to the statutory liability of the contractor

23 1 Before commencing the execution of the works, the contractor (but without limiting his obligations and responsibilities under clause 22 hereof), shall in the joint names of the Government and the contractor insure against any damage loss or injury which may occur to any property (including that of the Government) or to any person (including any employee of the Government) by or arising out of the execution of the works or temporary works or in the carrying out of the contract otherwise than due to the matters referred to in the proviso to clause 22(1) hereof

2 Such insurance shall be effected with an insurer and in terms approved by the Government(which approval shall not be unreasonably withheld) and for at least the amount Stated in the tender and the contractor whenever required, produce to the Engineer or the Engineer �s representative the policies of insurance and the receipts for payment of the current premiums

Comments- Third party insurance is a common provision to generally all construction contracts which the Engineer or the Resident Engineer as an official has a right to examine the relevant documents from time to time in respect of contract employees including sub contractors� employees

24 1 The Government shall not be liable for or in respect of any damages or compensation payable at Law in respect or in consequence of any accident or injury to any workman or other person in the employment of the contractors or any sub contractor save and except an accident or injury resulting from any act of default of the Government, Government agents or servants and the contractor indemnify and keep indemnified the Government against all such damages and compensation(save and except as aforesaid) and against all claims, demands, proceedings, costs charges and expenses whatsoever in respect thereof or in relation thereto

Comments- Third party insurance is a common provision to generally all construction contracts which the Engineer or the Resident Engineer as an official has a right to examine the relevant documents from time to time in respect of contract employees including sub contractors� employees



2 The contractor shall insure against such liability with an insurer approved by the Government (which approval shall not be unreasonably withheld) and continue such insurance during the whole of the time that any persons are employed by him on the works and shall when required, produce to the Engineer or the Engineer�s Representative such policy of insurance and the receipt for payment of the current premium. Provided always that in respect of any persons employed by any sub contractor, the contractor�s obligation to insure as aforesaid under this sub clause shall be satisfied if the sub contractor has insured against the liability in respect of such persons in such manner that the Government is indemnified under the policy but the contractor has to require such sub contractor to produce to the Engineer or the Engineer�s Representative when required, such policy of insurance and the receipt for payment of the current premium

25 1 If the contractor fails to effect and keep in force the insurance referred to in clause 21, 23 and 24 hereof or any other insurance which he may be required to effect under the terms of the contract then and in any such case the Government may effect and keep in force any such insurance, pay such premium as may be necessary for that purpose and from time to time deduct the amount so paid by the Government as aforesaid from any monies due or which may become due to the contractor or recover the same as a debt due from the contractor

2 It is the duty of the contractor to notify the insurer of any of the insurance referred to in clause 21,23 and 24 hereof any matter or event which by the terms of such insurance are required to be so notified and the contractor shall indemnify and keep indemnified the Government against all losses demands, proceedings, costs charges and expenses whatsoever arising out of or resulting from any default by the contractor in complying with the requirements of this sub clause whether as a result of the avoidance of such