Summary: Contract Practice P1
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1 Contract Fundamentals
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What is a construction contract?
A construction contract is a legally binding agreement between parties defining responsibilities, scope, payment terms, and risk allocation for delivering a project. -
What are the documents that formed the Contract?
- Contract Agreement
- Letter of Acceptance
- Letter of Tender ( Such as appendix to tender, addendum)
- Condition of Contract (Particular and General)
- Specification
- Drawings
- Schedule (Priced BOQ, Daywork Schedule, schedule of rates and/ or Prices, schedule of payment)
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What is consideration in contract law?
Consideration is the value exchanged between parties, typically payment by the client in exchange for work or services. -
2 Standard Forms of Contract
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What are the main FIDIC contract forms?
- Red Book – Construction
- Yellow Book – Design-Build
- Silver Book – EPC / Turnkey
- Green Book – Short form
- Gold Book – Design Build Operate
- White Book – Consultancy agreement
- Red Book – Construction
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What is the role of the Engineer in FIDIC contracts?
The Engineer administers the contract, certifies payments, assesses variations, and ensures compliance with the contract conditions. -
What is the philosophy of NEC contracts?
NEC contracts promote:- Collaboration
- Transparency
- Early warning of risks
- Programme management
- Collaboration
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Who administers the contract in NEC?
The Project Manager administers the contract. -
3 Contract Pricing Mechanisms
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What is a lump sum contract?
A contract where the contractor agrees to complete the project for a fixed price.
Risk of cost overruns is mostly borne by the contractor. -
What is a re-measurable contract?
Acontract where thecontractor isreimbursed based on actualquantity plus anagreed-upon fee orpercentage .Suitable wherequantities are uncertain;- less
cost certainty foremployer
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What is a target cost contract?
A contract where a target cost is set and savings or overruns are shared between client and contractor.
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