the essentials requirements of contract.
There must be an offer of one party, and its
acceptance by the other party to make an agreement.
There must be an intention of both the parties to
create legal relation.
The object of the contract must be legal, and it
must not be opposed to any policy of the government or company.
The agreement to make a contract should be
supported by consideration, or recongnised by law.
are the types of contract?
plus percentage of cost contract 3.Item rate contract
5.Integrated contracting system
are the important legal implications of a contract?
Agreement should not violate the provisions of
It should not have any adverse effect on the
morals of the society
The form of contract should be in writing and each
page of the documents of the contract should of the contract should be signed
by both the parties.
A contractor who refuse to carry out the work
before completion can be sued in a court of law for breach of contract.
Specification is an important document attached with a tender
form/contract agreement, which in most cases controls the quality of materials
the different types of specification.
or brief specification
6.Describe general or brief specification
General specification gives the
nature and class of work and materials in general to be used in the various
parts of the works, from the foundation to the superstructure.
General specifications give idea
of the whole work or structure and are useful for preparing the estimate.
The detailed specifications form
a part of the contract document. The detailed specification of an item of the
work specifies the qualities and quantities of materials proportion of mortar
workmanship, the method of preparation and execution and method measurement.
The detailed specifications of
different items of work are prepared separately which description what the work
should be and how they should executed and constructed.
8. What are the types of penalties that are
imposed on a contract and why are they imposed?
Penalties may be imposed for non-fulfillment of conditions of
contract such as not maintaining
progress, delay in completion and unsatisfactory work etc. The penalty may be
fixed sum per day or a percentage of the estimated cost upto 10%
Arbitration means the settlement
of a dispute by the decision of a third person chosen and acceptable as a
judge. The decision of the arbitrator is binding on both the parties. In public
works department the superintending engineer function as the arbitrator
and when the earnest money deposit are collected?
While submitting a tender, the
bidder has to deposit with the department an amount equal to about 2 ½ % of the
estimated cost of the work which is called earnest money deposit. This amount
serves as a check to prevent the contractor from refusing to accept the work or
runway, when his tender has been accepted. In case of refusal to take up the
work his earnest money is forefeied.
and when the security deposit are collected?
At the time of execution of the
contract agreement, the successful tender has to deposit a further sum of 1% of
the contract amount to the department. This amount is known as security
deposit. This amount is kept as a check so that the contractor fulfils all
terms and conditions of the contract. The security deposit will be refunded to
the contractor on the satisfactory completion of the whole work, after the
observation period of 6 months
is a tender notice?
Tender notice is the publicity of
offer to the contractor to quote their rates for construction for construction
work or supplied. Sealed tenders are invited in the most open and public
manner. It is made public by advisement in leading newspaper, in the government
gazette or by notice in English and in the regional languages in public places.
information should a contract document contain?
page 2.Index page
notice and tender forms 4.Schedule of quantities 5.Drawings
specifications 7.Detailed specification 8.Schedule of issue of materials
9.Conditions of contract.