For other forms of standard contracts, several YCW contracts, such as the Large Project Form Contract and the Design-Build Contract, prescribe the standard of “reasonable care and expertise”. This standard is also prescribed in the ICE Design and Construct form. In fact, many formal contracts provide that the architect/engineer is the one who creates the design drawings and specifications under the direction of the employer, so the contractor assumes no responsibility for the planning of the work, with the exception of issues relating to the selection of materials where the selected materials must be adapted to their purpose – that is, the contractor has only that to build, which is described in the contractual documents. Tenders based on “no quantity” can allow the selection of the contractor and thus accelerate the project program. In general, the design will be relatively complete, but there may not be enough time or information to determine quantities. Drawings, specifications and schedules are usually the most important contractual documents when projects are purchased in this way. The “Private with Quantities” version was a traditional lump sum contract in which the employer was responsible for creating the design and making available to the contractor. This particular contract required the creation of a comprehensive nomenclature that included detailed breakdowns of the various equipment, materials, equipment and labor required, which were then priced by the contractor, creating a lump sum that then became the amount of the contract. In this case, the contractor had no planning liability unless the parties chose to use the “Contractor Design Part Supplement” (CDP), which provided that certain areas of design responsibility were to be transferred to the contractor.
B for example when the contractor designs certain mechanical and/or electrical parts of the work or subcontracts it to others. Small projects or renovation work may also be the subject of calls for tenders without quantities. B for example when a schedule is created for the work, which makes it possible to set the price of items, such as.B. construction work and the setting of schedules. For more information, see: Work Schedule. Therefore, the question of what “risk” there was in relation to a post-contractual design depends on whether the contract is a form of design-build and whether the further development of the design is the responsibility of the contractor or whether it is a change in the employer`s requirements and therefore a variation. The case of Skanska v. Egger8 focused on whether the later built steel structure was merely a design development on which Egger was entitled to provide information.
If this was the case, the question arose as to whether this instruction given by the employer later in the process, which showed a change in its requirements, was a risk that the contractor had taken. The Court of Appeal held that the additional process steel work required by this employer`s subsequent design constituted an additional design development on which the employer was entitled to provide information. This showed that the drawings in the tender showed that there was an opportunity for the employer to further develop its requirements and that this risk was accepted by the contractor, i.e. the employer`s requirements would be perfected at a later stage. Standard form of the construction contract. Professional fee schedule for services to Hk – revised building survey. Standard building formContracts – agreement List of conditions of. Powerpoint file in PDF format. Building Contractual Procedures in Hong Kong, Chapters 11 and An Intermediate Position Between the Two Approaches is “Approximate Amounts”. For more information, see: Approximate quantities. “. there appears to have been little use of the designated subcontractor provisions and little appropriate use of the designated supplier provisions.
The provisions of the JCT98 relating to the list of subcontractors have been retained and, in the opinion of the JCT, the designation of a supplier is an issue that should generally be better dealt with in contractual invoices or other contractual documents. 13 The award of contracts `without quantities` gives rise to a flat-rate contract. No reassessment is required and may simplify the assessment process. This may initially provide cost certainty for the customer, but there may be inconveniences later if deviations are required, and there is disagreement over the prices to be charged for the changes. A pricing document may be created during the tender phase, but it may not be detailed enough to capture all the rates that may apply to the amendments. Drawings, specifications and schedules should therefore be as detailed as possible in order to minimize deviations. A contractual condition. Standard forms of construction contracts are therefore designed in response to the. And compare it to the standard HKIARICS 1976 form used in Hong Kong. Most design-build contract formats provide that while the employer provides ideas and requirements for the completed project, it is the contractor who makes the actual detailed design on which the project will be built. Thus, it is the contractor who assumes the risk and responsibility for the design, and this is usually done for a lump sum. Design comes with liability which implies the requirement that the contractor generally exercise due diligence, particularly in planning, and that the finished project be fit for the employer`s intended use.
This applies to “turnkey” project types and EPC (Engineer, Procure and Construct) contracts. Here, with little or no employer involvement, the contractor assumes full responsibility for determining the necessary elements of the project, completes the design (or has completed it) and purchases, installs and finally commissions the plant so that the employer has a fully equipped and operational facility ready for commissioning. The new FIDIC forms (2017) also made changes to the contractor`s need to review the employer`s error requirements – see subsection 1.9 of the Yellow Book. If the terms of payment have been changed, which are applicable if an “experienced contractor would not have found these errors at the relevant time”, and the modification provisions that apply to the measures that the contractor must take to remedy the error, as well as the fact that the contractor may also claim “costs plus profit” if it incurs costs as a result of such an error, this is an important change. The standard YCW construction contract is an example of a contract that can be used without quantification. JCT gives the following guidelines for “quantityless” contracts: The use of standard forms has many advantages, including the need not to have to negotiate each individual contract individually, as well as a fairly broad general knowledge of contracts in the general construction public, the legal profession and the courts. More importantly, the majority of standard forms attempted to balance the elements of risk between the employer and the contractor. The YCW also publishes a wide range of subcontracts and guarantees.
These include a standard construction contract with the subcontractor`s design for use with SBC05, where the subcontractor performs the planning, and the subcontract for planning and construction to be used with the design and construction contract. 13, Form of offer for investment contract, Form of offer.doc Word.Agreement 8: List of conditions of. CONSTRUCTION OF CONTRACTfor use in the Hong Kong Special Administrative Region. In version “05”, the most significant change was the deletion of the provisions for the designated subcontractor and the designated subcontractor. The YCW took a position: dzaipdf.ru/pdf4?id=standard the form of the Hong Kong construction contract pdf In the old version “98”, these registration provisions were set out in clause 19.3, but in the version “05” they are now included in clause 3.8. Now, the employer can provide a list of subcontractors in the invoices and ask the contractor to select subcontractors from that list, who can then perform work that has been “measured or otherwise described” in the invoices and priced by the contractor, making the contractor responsible for the subcontractor`s performance. .
