ContractS and tenderS. CONTRACT DOCUMENT. What is a contract? When two or more persons have common intention communicated to each other to create same obligation between them there is said to be an agreement. An agreement which is enforceable by law is a Contract.
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ContractS and tenderS
What is a contract?
When two or more persons have common intention communicated to each other to create same obligation between them there is said to be an agreement. An agreement which is enforceable by law is a Contract.
Types of building contracts –
Proposal: When one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of the other to such act or abstinence, it is called “proposal”. The person making the proposal is called “promisor” (Contractor)
When the person to whom the proposal is said to be accepted and it becomes a promise. The person accepting the proposal is called the promisee (owner).
Consideration is the price in terms of money, good or services paid of the thing that the promisor wishes to have.
An agreement enforceable by law is a contract: an agreement not enforceable by law at the option of others is a voidable contract.
A 'tender' is called upon for executing certain specified work, or supplying specified materials; subjected to certain terms and conditions like rates, time limit, etc.
It is an offer in written form: Legally speaking, it is an offer to receive an offer for the work, within the specified financial limits.
An architect must observe the following, before inviting tenders:
a) Accuracy in bill of quantities as far as possible.
b) All plans, specifications and details are correct, without any ambiguity.
c) No item should be over looked and special condition.
The tender documents issued to various contractors must be complete in every respect and should specify details of the work. Each tender form must contain the following:
Special notice issued either in name of the owner or the architect.
Tender acceptance letter from the contractor.
Articles of agreement with special conditions of contract.
Bill of quantities incase of item rate tender.
Special conditions and detailed specifications of work in case of lump sum tender.
Following points should be observed while opening the tenders:
The tender should be opened in presence of the owner or committee members.
2. A record must be kept for the list of tenderers and the money deposited by them. The earnest money should preferably be accepted in the form of bank draft.
3. If the owner is not present, the architect along with one assistant should open the tender. The architect shall scrutinize the same, prepare comparative statements and forward them to his client, with his recommendation as to whom the work should be awarded and why.
4. The lowest tender should be accepted after close investigating the reputation and standing of that contractor.
5. Public tenders are invariably opened in the presence of the tenderers who choose to remain present.
6. It is essential to ensure that they have been thoroughly checked and are without any mistakes.