Tag: contract sub-documents
Brief Definition of Contract Sub-documents
Articles of Agreement
Is the article of Agreement duly executed by the parties and to which these conditions are attached.
Letter of Award/Letter of Acceptance
Is the formal acceptance by the employer of the tender. So it is basically contained that the employer has accepted the contractor’s tender price and conditions.
Conditions of Contract
Is all conditions of contract which must be obey by both parties.
Particular Conditions of Contract
Is a more specific conditions of contract.
Addenda
Is the addendum of contract documents.
Drawings
Is the drawings of the works, as included in the contract and any additional and modified drawings issued by (or on behalf of) the employer in accordance with the contract.
Specification
Is the document entitled specification, as included in the contract, and any additions and modifications to the specification in accordance with the contract. Such document specifies the works (the quality of material, workmanship and executed work requirements).
Bills of Quantities
Mainly is to describe the quantity of all the works, but it is also filled up with rates for each item of works which will then be multiplied by the quantities as cost of each work. The sum of cost of each work will then be added up.
Schedule of Work
Is the schedule comprising items of works in elemental form or according to the type of works including the prices which form the basis of contract sum.
Form of Tender/Letter of Tender
Is the document entitled letter of tender or letter of bid, which was completed by the contractor and includes the signed offer to the employer for the works. So basically it is an offering letter from contractor to the employer.
Other documents
All other documents incorporated in contract document such as letter of acceptance of tender, treasury’s instruction, instruction to tenderers, conditions of tendering, preliminaries, provisional sums, prime cost sums, schedule of rates, summary of tender, etc.
Contract Sub-documents in Malaysian Standard Forms of Contract
In executing construction projects, we will need many other sub-documents beside main contract document itself. These contract sub-documents consists of many other related records of agreements, analysis, specifications, drawings and other records which appear before and during the executing of the work. For the latter, these usually are photos, data records, addenda, monthly reports, certificates, request and many other records which are done during the construction execution.
So, in other words, we can define contract sub-documents as the documents forming the tender and acceptance of a particular work, agreed by both parties and act as a legal binding for both parties. These documents can be prepared by the employer, the contractor, the super intending officer, or the consultant.
Table 1. List of Contract Sub-documents
|
Contract Documents |
PWD |
PAM |
CIDB |
FIDIC |
| Articles of Agreement |
|
√ |
√ |
√ |
| Letter of Award/Letter of Acceptance |
|
√ |
√ |
√ |
| Conditions of Contract |
|
√ |
√ |
√ |
| Particular Conditions of Contract |
|
|
|
√ |
| Addenda |
|
|
√ |
|
| Drawings |
√ |
√ |
√ |
√ |
| Specifications |
√ |
|
√ |
√ |
| Bill of Quantities |
√ |
√ |
√ |
|
| Schedule of Works |
|
|
√ |
√ |
| Form of Tender |
√ |
|
|
|
| Letter of Acceptance of Tender |
√ |
|
|
√ |
| Treasury’s Instruction |
√ |
|
|
|
| Instruction to Tenderers |
|
√ |
|
|
| Conditions of Tendering |
|
√ |
|
|
| Preliminaries |
|
√ |
|
|
| Preambles |
|
√ |
|
|
| Other documents incorporated |
√ |
√ |
√ |
√ |
Above is a table which lists contract sub-documents in 4 (four) standard form of contract. Here the author takes PWD 203A standard form of contract, PAM 2006 (with quantities) standard form of contract, and CIDB 2000 standard form of contract as the representative of Malaysia’s standard form of contract. The author decides to choose PWD and PAM standard form of contract with quantities in order to show the most complete contract sub-documents rather than without quantities (it means without BQ). The author also provides FIDIC[1] standard form of contract as a comparison.
We can find the explanation of contract sub-documents in clause 1.1(b) of PWD form, article 7(q) and (r) of PAM form, clause 4.1 of CIDB form, and 1.5 of FIDIC form.
[1] Fédération Internationale des Ingénieurs-Conseils, the international federation of consulting engineers
