CE 6010 – CONSTRUCTION CONTRACTS & SPECIFICATIONS July - November 2018
Faculty:
K Ganesan E-mail: krishnamurthiganesan@gm
[email protected] ail.com
Class timings: ( A Slot) Monday
- 8:00 to 8:50AM
Tuesday
- 12:00 to 12:50PM
Thursday
- 11:00 to 11:50AM
Friday
- 10:00 to 10:50AM
Course Outline Introduction
What is a contract, Why a Contract ( written),Who – Parties to a Contract, Contract – Minimum Requirement Types of contract
Various types of Prime contracts - A/E contracts - PM/CM contracts - Owner / Contractor / Suppliers / Specialists contracts Contracting
Minimum requirement, Private parties, Government contracts Tendering Process
Tender Scope Finalization, Pre- selection / Pre-Qualification of Bidders, Tender document preparation, Calling for BIDs, Pre – tender meetings and clarifications, Issue of Addendums, Tender submission and opening formalities Withdrawal of Tenders by Bidders, Tender evaluations & Corrections, Negotiations/ Post tender clarifications, Letter of Award / Acceptance, Contract Agreement E- Tendering – Procedures
CE 6010 – CONSTRUCTION CONTRACTS & SPECIFICATIONS Contract Formats
FIDIC, CPWD, Bespoke (Tailor – made) Special Conditions of Contract (SCC), Conditions of Particular Application (CoPA) Typical Contract Conditions
RED Flag Clauses Contract Execution
Roles & Responsibilities, Contractor’s Liabilities Contracts – Change Management
Change management process & procedures, Contract communication &Documentation Claims & Disputes
Procedures for claims, origin – genesis of disputes, Breaches of Contract, Suspension & Termination, Dispute Resolution, Alternate Dispute Resolution Methods, Arbitration Indian Contract Act 1872, Arbitration & Conciliation Act 1996 Contract specifications
Need for clarity, typical specifications ACTS AND CONTRACT DOCUMENTS
The Indian Contract Act, 1872 The Arbitration and Conciliation Act, 1996 as amended on Dec 2015 General Conditions of Contract for Central P.W.D. Works, 2014 FIDIC Conditions of contract – Red Book - 1999 All students are expected to possess copies of these documents and read them thoroughly. In addition as the course progresses, other resource materials will be referred to.
CE 6010 – CONSTRUCTION CONTRACTS & SPECIFICATIONS REFERENCES:
Dr. Vandana Bhatt & Pinky Vyas :- Laws for Engineers ( Contract, Arbitration, Evidence, Limitation) Dr. P C Markanda: Building & Engineering contracts (Law & Practice) Gajria, G. T., Law Relating to Building and Engineering Contracts in India, 3 rd Ed., N. M. Tripathi Pvt. Ltd., Mumbai, 1985. Bartholomew, S. H. Construction Contracting: Business and Legal Principles, Prentice Hall, Upper Saddle River, New Jersey, USA, 1998. Hinze, J., Construction Contracts. Second Edition, McGraw Hill, 2001. Rajan, G.A.N., Law of Engineering Contracts, Constructions Disputes & Remedies, Arbitration Law Reporter, Delhi, 1998. Sweet J., and Schneier, M.C., Legal Aspects of Architecture, Engineering and the Construction Process, 7th Ed., Thomson, Toronto, Canada, 2004. Seely, I. H., Civil Engineering Specifications, 2nd Ed., Macmillan, 1976. CPWD – Standard Specifications – Volumes 1 & 2 FIDIC Contract Documents including: Conditions of Contract for Construction – Red Book - 1999 Short Form of Contract Conditions of Contract for EPC Turnkey Projects
STUDENT RESPONSIBILITIES
1. To attend class on a regular basis. Please note that student(s) not having the minimum specified attendance will NOT be permitted to sit for the exams. 2. To be responsible for any and all announcements made during class. 3. To be prepared for each class and participate in class discussions. 4. To notify the professor if you have any illness or special circumstances that might have a negative impact on your performance. 5. To turn off your mobile phones during class hours. 6. To do individual assignments on your own. In case of group assignments, all group members are expected to participate equally.
