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