Podcast
Questions and Answers
Which type of condition leads to the extinguishing of an obligation?
Which type of condition leads to the extinguishing of an obligation?
What describes a potestative condition?
What describes a potestative condition?
Which term describes conditions that must all be fulfilled?
Which term describes conditions that must all be fulfilled?
What type of condition can be legally and physically fulfilled?
What type of condition can be legally and physically fulfilled?
Signup and view all the answers
Which condition is categorized as one that consists of the performance of an act?
Which condition is categorized as one that consists of the performance of an act?
Signup and view all the answers
What would occur if a potestative condition solely depends on the debtor's will?
What would occur if a potestative condition solely depends on the debtor's will?
Signup and view all the answers
What happens when the condition is indivisible?
What happens when the condition is indivisible?
Signup and view all the answers
Which of the following best describes a condition that depends partly on chance and partly on the will of a third person?
Which of the following best describes a condition that depends partly on chance and partly on the will of a third person?
Signup and view all the answers
What characterizes an express condition in a contract?
What characterizes an express condition in a contract?
Signup and view all the answers
Which of the following describes a condition precedent?
Which of the following describes a condition precedent?
Signup and view all the answers
What happens under a condition subsequent?
What happens under a condition subsequent?
Signup and view all the answers
Which example illustrates an implied condition?
Which example illustrates an implied condition?
Signup and view all the answers
Under what circumstance does an engagement ring ownership change?
Under what circumstance does an engagement ring ownership change?
Signup and view all the answers
Which statement is true regarding concurrent conditions?
Which statement is true regarding concurrent conditions?
Signup and view all the answers
What would void a transaction involving a gift based on condition subsequent?
What would void a transaction involving a gift based on condition subsequent?
Signup and view all the answers
What is an example of a condition subsequent affecting property use?
What is an example of a condition subsequent affecting property use?
Signup and view all the answers
What is a key advantage of a fixed price contract for the owner?
What is a key advantage of a fixed price contract for the owner?
Signup and view all the answers
What is one of the disadvantages of a fixed price contract?
What is one of the disadvantages of a fixed price contract?
Signup and view all the answers
How does a cost-plus-a-percentage contract primarily compensate the contractor?
How does a cost-plus-a-percentage contract primarily compensate the contractor?
Signup and view all the answers
What is a principal disadvantage of a cost-plus-a-percentage contract?
What is a principal disadvantage of a cost-plus-a-percentage contract?
Signup and view all the answers
What primary advantage does a cost-plus-a-fixed sum contract provide to the contractor?
What primary advantage does a cost-plus-a-fixed sum contract provide to the contractor?
Signup and view all the answers
What characteristic is essential for a cost-plus-a-fixed sum contract?
What characteristic is essential for a cost-plus-a-fixed sum contract?
Signup and view all the answers
What is a common misconception about the cost-plus-a-percentage contract?
What is a common misconception about the cost-plus-a-percentage contract?
Signup and view all the answers
What typically influences contractor performance under a fixed price contract?
What typically influences contractor performance under a fixed price contract?
Signup and view all the answers
What defines the lowest responsible bidder in a construction contract?
What defines the lowest responsible bidder in a construction contract?
Signup and view all the answers
Which type of contract usually necessitates submission of payment applications at least 10 days prior to progress payment dates?
Which type of contract usually necessitates submission of payment applications at least 10 days prior to progress payment dates?
Signup and view all the answers
What happens if the owner fails to make timely payments to the contractor as required?
What happens if the owner fails to make timely payments to the contractor as required?
Signup and view all the answers
What is normally the role of the agreement in a construction contract?
What is normally the role of the agreement in a construction contract?
Signup and view all the answers
In a cost-plus contract, how are payment vouchers typically submitted?
In a cost-plus contract, how are payment vouchers typically submitted?
Signup and view all the answers
When materials are supplied by the owner that are delayed, who bears the cost if the contractor has to advance their own materials?
When materials are supplied by the owner that are delayed, who bears the cost if the contractor has to advance their own materials?
Signup and view all the answers
What does the 'scope of works' refer to in a construction contract?
What does the 'scope of works' refer to in a construction contract?
Signup and view all the answers
Under which condition does the adjustment of the contract price typically occur?
Under which condition does the adjustment of the contract price typically occur?
Signup and view all the answers
What marks the stage of perfection in a contract?
What marks the stage of perfection in a contract?
Signup and view all the answers
What must occur for a contract to be considered consummated?
What must occur for a contract to be considered consummated?
Signup and view all the answers
Which of the following is NOT one of the essential requisites of a contract?
Which of the following is NOT one of the essential requisites of a contract?
Signup and view all the answers
In the context of a contract, what are natural elements?
In the context of a contract, what are natural elements?
Signup and view all the answers
Which statement correctly defines essential elements of contracts?
Which statement correctly defines essential elements of contracts?
Signup and view all the answers
What can best be described as accidental elements of a contract?
What can best be described as accidental elements of a contract?
Signup and view all the answers
Which of the following represents an example of perfection in a contract?
Which of the following represents an example of perfection in a contract?
Signup and view all the answers
Which condition is crucial for a person to be bound by a contract?
Which condition is crucial for a person to be bound by a contract?
Signup and view all the answers
Which of the following is an example of owner-caused delay?
Which of the following is an example of owner-caused delay?
Signup and view all the answers
What is the purpose of value engineering in a construction contract?
What is the purpose of value engineering in a construction contract?
Signup and view all the answers
Which scenario would NOT constitute a valid termination of the contract?
Which scenario would NOT constitute a valid termination of the contract?
Signup and view all the answers
What defines a subcontract in construction?
What defines a subcontract in construction?
Signup and view all the answers
What responsibility does the contractor have regarding accidents and damages?
What responsibility does the contractor have regarding accidents and damages?
Signup and view all the answers
What is the purpose of a performance bond?
What is the purpose of a performance bond?
Signup and view all the answers
Which of the following conditions allows the owner to take safety measures during contractor default?
Which of the following conditions allows the owner to take safety measures during contractor default?
Signup and view all the answers
How can a contract bond be invoked by the owner?
How can a contract bond be invoked by the owner?
Signup and view all the answers
Study Notes
Origin, Nature and Development of Law
-
Law is any rule of action or system of uniformity.
-
It generally determines not only the activities of rational beings (men) but also the movements of all objects.
-
There are two general divisions of law:
- Law promulgated and enforced by the state (state law / positive law / municipal law / civil law / imperative law)
- Law not promulgated and enforced by the state
-
Divine law governs religion and faith, concentrating on sins (as contrasted with crimes) and salvation.
-
Natural law describes the divine inspiration in man of justice, fairness, and righteousness. It is not defined by revelation or formal promulgation but by reason.
-
Moral law is the entirety of norms of good and right conduct in every community.
-
Physical law dictates the uniformities found in nature, and these are the observed phenomena.
Characteristics of Law
- Law is a rule of conduct.
- Law is obligatory.
- Law is promulgated by legitimate authority.
- Law is for common observance and benefit.
Life without Law
- Society could not exist without law because of the need for internal order and external defense.
- A stable society requires both internal order and external defense.
What Laws Do
- Law secures justice, resolves conflict, orders society, protects interests, and controls social relations.
- Without fundamental laws against theft, violence, and destruction, life would be solitary, nasty, brutish, and short.
Sources of Law
- Constitution is the written instrument that defines, establishes, and limits the fundamental powers of the government. It distributes powers among departments to ensure safe and useful exercise for the benefit of the people.
- Legislation is the declaration of legal rules made by a competent authority. It is the preponderant source of law in the Philippines.
- Administrative or executive orders, regulations, and rulings are issued by officials under legislative authority to clarify and explain law. These acts are valid only if not contrary to the laws and Constitution.
- Custom consists of habits and practices through long and uninterrupted usage. It gains legal force when recognized and enforced by the state.
- Judicial decisions or jurisprudence are decisions, primarily made by the Supreme Court, which apply or interpret laws.
- Other sources include the principles of justice and equity, decisions of foreign tribunals, opinions of text writers, and religion.
Organisation of Courts
-
The Philippine judicial system consists of a hierarchy of courts, with the Supreme Court at the apex. Other courts include the Court of Appeals, Regional Trial Courts, Metropolitan Trial Courts, and Municipal Circuit Trial Courts.
-
Special courts include the Sandiganbayan (anti-graft court) and the Court of Tax Appeals.
-
Quasi-judicial agencies do not form part of the integrated judicial system. They perform quasi-judicial functions under the executive branch of government. (e.g., NLRC, SEC, LTFRB, Insurance Commission, and the independent Constitutional Commissions such as the CSC, Comelec, and COA.)
Classifications of Law
- Substantive law creates and defines rights and duties, which can be public or private in nature. (e.g., law on obligations and contracts)
- Adjective law/remedial law/procedural law describes how rights are enforced, or violations redressed. (e.g., laws for real property recovery)
- Public law governs relations between the state and the people. (e.g., criminal law, international law, constitutional law, administrative law, civil procedure)
- Private law governs relations between individuals for private ends. (e.g., civil law, commercial law, civil procedure, law on obligations and contracts)
Obligations
- Obligation is a juridical necessity to give, to do, or not to do.
- Obligor - one who has the duty; the debtor.
- Obligee - one who has the right; the creditor.
Civil Obligations
- Obligations giving the right to enforce performance in courts of justice.
Natural Obligations
- Do not grant a right of action to enforce performance, although if voluntarily fulfilled, the debtor cannot recover what was given.
Four Essential Requisites
- An active subject (obligee/creditor)- the person entitled to demand fulfillment
- A passive subject (obligor/debtor)- the person bound to fulfill the obligation
- Object or prestation - the conduct required, which can involve giving, doing, or not doing (subject matter)
- Juridical or legal tie - the connection binding parties
Grounds for Liability
- Fraud (deceit or dolo): deliberate or intentional evasion of obligation; synonymous with bad faith.
- Negligence (fault or culpa): voluntary act or omission without malice.
- Delay (mora solvendi - debtor's delay; mora accipiendi - creditor's delay); legal delay or default is a breach of obligation.
- Contravention of the terms of the obligation: violation of stipulated terms. It must not be caused by a fortuitous event or force majeure
Fraud and Negligence Distinctions
- Fraud involves deliberate intent to cause damage or injury, negligence does not.
- Waivers of liability for future fraud are void, while waivers for negligence may be allowed.
- Fraud must be clearly proved; negligence is presumed from the contract violation.
- Liability for fraud cannot be mitigated or reduced by the courts; liability for negligence can be according to circumstances.
Factors in Negligence
- Nature of the obligation.
- Circumstances of the person.
- Circumstances of time.
- Circumstances of place.
Fortuitous Event
- Any event which cannot be foreseen or, though foreseen, is inevitable.
Condition
- A term or requirement stipulated in a contract;
- A future and uncertain event upon which certain rights or obligations will be enlarged, created, or destroyed.
Types of Conditions
- Express conditions are stated clearly in contracts, leases, or deeds. (e.g., installment agreement provisions)
- Implied conditions are presumed by law based on specific dealings. (e.g., lease of a hall for an event – its existence is implied)
Kinds of Conditions (in relation to contract clauses or events)
- Subsequent conditions give someone a right, but that right can be taken away upon a certain event.
- Precedent conditions must occur before a right accrues.
- Concurrent conditions must happen at the same time.
Classifications of Conditions (in relation to form, object, effects, and other factors)
- Possible and impossible
- Positive and negative
- Divisibility (divisible and indivisible)
- Consistency with the contract
- Resolutory and suspensive
- Potestative, casual, mixed
Classes of Obligations
- Pure obligation
- Conditional obligation (suspensive or resolutory)
- Obligation with a period (must be possible; if not, obligation is void)
Pre-Qualification of Contractors
- The process for ensuring that bidders have appropriate skills and financial standing, and/or that the bidding will be fair.
- Includes legal status, place of registration, principal place of business, monetary value of work from last 5 years, experience of similar nature and size from last 5 years, description of work clients, specified equipment, adequacy of working capital, details on any litigation, and sub-contracting
Procurement Guidelines & Modification
- Foreign contractors, from eligible countries, are allowed to participate in the bidding.
- All contractors are allowed to compete for contracts up to their classification limits.
- Bank consultation is necessary for any bid denied due to reasons not related to financial or technical qualifications
- Further approval of higher authority may be required for contracted approvals
Bidding Documents
- Documents issued by the procuring entity as the basis for bids. The following must be included:
- Approved Budget for the Contract
- Instructions to Bidders
- Terms of Reference
- Eligibility Requirements
- Plans and Specifications
- Form of Bid and Price Form
- Delivery Time or Completion Schedule
- Forms and amounts of bid security
- Performance Security and Warranty
- Contract form & General/Special contract conditions
Invitation to Bid
- A brief description of subject matter.
- A statement of the criteria used for eligibility check, short-listing, examination, and evaluation of bids and post-qualification from prospective bidders.
- Dates and locations of bid opening, pre-bid conference submission deadlines; submission and receipt of bids; opening of bids.
- The approved budget for the contract to be bid
- The source of funds
- Time of availability & place to access documents
- Required contract duration
Pre-bid Conference
- Occurring at least 12 calendar days before the bid submission deadline.
- Discusses technical & financial components of contract to bid,
- Discusses the eligibility requirements for goods procurement.
- Any statement made must not modify the terms of the bidding documents unless in writing as an amendment
Eligible Bidders
- All members from an eligible source country
- Not affiliated with a firm during the preparatory stage
- Provided consulting services during the preparatory stage
- Hired as an engineer
- Government-owned enterprise.
PCAB Size Range (IAC Category)
- Categories of bid sizes & associated prices.
Pre-Qualification of Contractors
- Pre-qualification requirements include legal status/registration; monetary value of construction work in last 5 years; experience in similar projects over past 5 years. Other requirements may include a description of work previously done and client experience & information on equipment, personnel, working capital, litigation, and subcontracts.
Pre-qualification of contractors (joint ventures)
- Same procedures as above, but bids must be signed by all partners, with partners jointly and severally liable.
Unacceptable Deviations
- Late bid submission
- Ineligible bidder
- Unsinged bid
- No acceptable bid security
- Bidder not pre-qualified
- Unacceptable alternative design
- Non-conforming time phasing
- Unacceptable subcontracting
- Qualification of arbitration
Correction on Errors
- Discrepancies between figures and words, between unit rate and item. Correction may require the bidder to produce price analysis and increase performance security.
Lowest Evaluated Responsive Bid Exceeds Pre-bid Cost
- Investigate causes of excessive cost
- Request new bids or
- Negotiate with the lowest bid
- Obtain contract with:
- Reduced scope
- Re-allocation of risk
- Reduced contract price
- Re-bidding may be required
Rejection of all Bids
- Permissible upon consultation with the bank.
- Lowest bid exceeds estimate by a substantial margin
- All bids are not responsive
- Lack of competition
Negotiations
- Permissible only after consultation with the bank
- Only with the lowest evaluated bidder and if unsuccessful, the next
- Requirements for contract award, including price reduction, undertaking unspecified bidding documents work, and bid modifications
Preliminary Estimates
- Cost-per-function estimate: analysis based on cost per item of use (per patient, student, unit of production)
- Area cost estimate: approximate cost based on price per unit of gross area.
- Volumetric cost estimate: analysis based on approximate cost per unit of total enclosed volume.
- Modular takeoff estimate: analysis based on the estimated cost of a representative module extrapolated to the entire structure, plus the estimator's assessment of common central systems.
- Partial takeoff estimate: analysis using quantities of composite work items priced with unit costs.
- Panel unit cost estimate: analysis based on assumed unit costs per area of floors, perimeter walls, partition walls, ceilings and roofs.
- Parameter cost estimate: estimating unit costs for various building components or systems.
Advertisement for Bids (Public Projects)
- Public agencies ensure compliance to applicable regulations.
- Advertisement describes the nature, extent, and location of the work and the originating authority; indicates how and when bids should be received; identifies locations for bidding documents; designates deposits.
The Decision to Bid
- Factors involved include bonding capacity considerations, project location, contractual terms, owner status, financial status, project nature and size, current work, probable competition, labor conditions, supply, and completion date.
- Estimations for expense are often 0.2-0.5% of the total bid amount.
Set-asides
- Certain contractors may not be eligible to bid on certain public projects; occurs when specific criteria must be met.
Qualification
- Bidder qualification is based on experience, competence, and financial criteria.
- Deposits may be required.
The Bidding Period
- Sufficient time for careful study and analysis, resulting in lower bid prices and significant owner savings. The complexity and extent of the project directly correlate to the benefit of a longer bidding period
Instructions to Bidders
- For competitive procedure, all competitors must bid under the same conditions for an identical package of work.
Job Site Visit
- Requirements include a visit to project location for evaluation; probable weather condition; availability of electricity, water, telephone, & other services; access to the site and any regulations; conditions affecting the protection or underpinning of adjacent property; and the storage & construction operation facilities.
- Includes surface topography & drainage; subsurface soil, rock, & water conditions; underground obstructions & utilities; transportation & freight facilities and conditions affecting the hiring, housing and feeding of workers, material prices and delivery from local material dealers; rental of construction equipment; local subcontractors' availability; available borrow or dump site; and capacity of roads & bridges to move equipment to the site.
Quantity Surveys
- The complete compilation of quantities of elementary work items to be included in the project.
- The only precise & dependable procedure for generating estimates.
Material Costs
- Materials are everything that becomes part of the finished structure.
Direct Labor Costs
- Costs are determined through basic wage rates.
Indirect Labor Costs
- Labor costs that are additional to basic hourly rates (paid by the employer); includes payroll taxes, insurance, and employee benefits.
Project Overhead
- Costs not directly tied to a construction work item but nonetheless necessary for job completion.
- Generally represents a significant percentage (5% to 15%) of the project cost.
General Overhead
- Office rent; office insurance; heat; electricity; water; travel costs, etc.
- Represents a 3% to 10% portion of a contractor's annual business volume.
Project Time Schedule
- Establishing a timetable for construction operations is important for larger projects where time factors influence costing.
Markup
- Markup or margin added for profits & other factors during preliminary estimating process.
- Variations from 5% to 20% of the job cost reflect a firm's assessment of imponderables.
The Proposal
- Written offer outlining price for contractor's work. On acceptance of the proposal, a contract legally binds both parties.
Unbalanced Bids
- Bid items are altered in price as appropriate to maintain a total job cost.
Bid Security
- A security measure assuring contractor will perform the contract according to the agreed amount and provide any necessary contract bonds.
When a Contractor Becomes Successful Bidder
- The security is typically held by the owner until agreement is signed and satisfactory contract bonds are provided.
Submission of Proposals
- Contractors need to deliver the proposal to the designated location by the deadline.
Complimentary Bids
- Contractor submits bid obtained from another contractor rather than prepared by themselves.
Bid Rigging
- Arrangement between contractors to control bid prices or divide up customers.
- An example occurs when contractors decide to divide available contracts & fix the amount of the successful bid.
Responsive Bid and Technicalities
- Acceptable construction project bid must be responsive to invitation for bids
- Responsive bids must include an exact offer with no exceptions on the work to be performed with any terms included in the invitation.
The Acceptance Period
- The owner, according to the documents, has a set acceptance period (typically 30 to 60 days.) during which a contractor cannot amend or withdraw their proposal unless there is a specific penalty.
Withdrawal of Bid by Prime Contractor
- Contractor can withdraw or revoke their offer before acceptance under ordinary contract law. However, contract bidding often requires bids to be irrevocable during the bid opening & acceptance period.
A Submitted Bid Containing a Gross Mistake
- If the mistake in a bid is significant, it may be withdrawn even if the documents prohibit withdrawals.
Withdrawal of Bid by Subcontractor
- Subcontractor can withdraw a proposal anytime before the prime contractor submits their bid, without punishment as long as the primary contractor hasn't indicated acceptance.
Rejection of Proposals
- Contract documents have rights giving the owner the option to reject any or all bids.
Labor Code of the Philippines
-
Law governing employment practices and labor relations, established in 1974 by Pres. F. Marcos. The code includes:
- Hiring and termination rules
- Work conditions (max work hours/overtime)
- Employee benefits (holiday pay, 13th-month pay, retirement)
-
Rights and guidelines within labor unions and collective bargaining.
Declaration of Policy
- The policy of the State is to promote free trade unionism. Promoting democracy and social justice and development through free collective bargaining and negotiations (including voluntary arbitration, mediation and conciliation) is also emphasized..Promoting the free and voluntary organization of a strong and united labor movement; promoting the worker's enlightenment on rights and obligations as union members & employees; providing administrative machinery for the settlement of worker disputes; ensuring stable and dynamic industrial peace; workers in decision & policy-making.
###Definitions
- Commission: National Labor Relations Commission.
- Bureau: Bureau of Labor Relations
- Board: National Conciliation and Mediation Board.
- Council: Tripartite Voluntary Arbitration Advisory Council.
Why Employees Join Unions
- Reasons that encourage employees to organize or join unions include compulsory union membership, unfair/arbitrary treatment, discontent with earnings/inequality/low wages, a realization that workers need to band together, the protection afforded by labor code, and management's failure to give employees what is due.
Why Some Employees Do Not Join Unions
- Reasons include anomalies in union matters; professionals & technical employees have little interest in joining; the belief that good work will be rewarded individually; rank-and-file might not want to pay dues/contributions, and believe unionism is a waste of resources.
Strategies to Discourage Unionism
- Effective personnel planning & placement, and training and development programs. Effective compensation/competitive benefit program; good supervision-subordinate relationship; abiding by CBA. Realistic personnel program with good communication, organization, and career development; job satisfaction, and effective procedures.
Duties to Bargain Collectively
- The duty is on the employer and employee representatives to bargain effectively when a CBA exists. The parties must maintain the status quo.
Terms of a Collective Bargaining Agreement
- Collective bargaining agreements generally last for 5 years.
When an Employer May File Petition
- If there is no certified CBA, or if there are significant issues, in a specific unit, a petitioning party can require an election to determine whether to have a new or revised CBA.
Grievances and Complaints
- Despite management efforts for positive relationships, employees will sometimes have complaints regarding real or imagined injustice in their employment relationship. These could be grievances to the employer or union depending upon whether the organization is unionized.
Causes of Grievances
- Low morale; prevalent frustration/discontent, poor supervision, or unfair management practices; violation of agreements or collective barging, vague provisions that lead to interpretations, unfair treatment of subordinates.
- Violations of Phil. Laws concerning labor, health, or safety; dictatorial supervisors; refusal to listen to complaints; unfair/inconsistent disciplinary actions; lack of clear/sufficient instructions; failure to inform workers of changes in policy or rules.
Irritants to Employers
- Change in worker loyalty to union; reduction in employer's right to discipline employees; belligerence of labor leaders, and defiant attitude of workers during dealings.
- Other annoying situations are inter-union/intra-union rivalries, harassment by filing many complaints & grievances, and abuses made by employees with the belief that they are protected by the law & are on the right side.
Consequences of Violations on the CBA
- The parties need to determine the cost of arbitration (including the arbitrator’s fee) and decide upon a proportionate scheme to pay.
Strike & Lockout
- Strike comprises concerted work stoppages; slowdowns; mass leaves; sit-downs; and attempts to damage/destroy plant equipment/facilities
- Lockout is the employer/organization's refusal to provide work to settle labor disputes.
Reasons Why Unions Stage a Strike
- Compel union recognition; exert pressure during bargaining; protest employer actions; challenge right of other competing unions; exert pressure for increased wages/benefits.
Who May Declare Strike & Lockout
- A certified/duly authorized representative (of a labor union/trade union) can declare a strike in cases of unfair labor practices or perceived bargaining deadlocks.
- The employer or manager can declare a lockout if faced with similar issues.
Prohibited Activities
- No labor org/employer declares a strike/lockout without collective bargaining; no strike-breaker or person is employed as a strike-breaker; no person can impede or use force on peaceful picketing during any labor controversy; no public official should employ an individual to replace strikers in work areas; no person engaged in picketing commits violence, coercion, intimidation or obstructs free egress/ingress, or public thoroughfares.
Specifications
- Written documents that detail scope of work, materials, installation methods, and quality of workmanship.
- General specifications are prepared by public authorities or trade associations for use throughout the construction industry.
- Particular specifications are prepared by designers for specific projects.
Types of Specifications
- Open specifications allow competition to offer materials within established limits.
- Closed specifications specify a proprietary product, & no substitutions.
- Performance specifications describe desired results without specifying methods used.
- Technical specifications provide descriptions of technical requirements and quality.
- Design specifications describe the materials/workmanship required without specifying particular methods.
- Commercial specifications are funded by the government and probably classified as either modified open or modified close; writer selects manufacturers whose products fit the project.
- Streamlined specifications aim to shorten written specifications by eliminating unnecessary phrases/words.
Pre-requisite Issues to Consider in Specifications Writing
- A thorough understanding of construction principles, procedures & practices must exist before writing specifications.
- The specification writer needs a complete understanding of contracts & procedures.
- A good specification writer must develop the ability to analyze, synthesize & organize data to clearly present & convey specific requirements.
10 Precepts for Quality Specifications Writing
- Be complementary to the contract's parts.
- Be concise; say only necessary information.
- Be consistent in style, attitude, and firmness.
- Be current; update when necessary
- Be correct and accurate.
- Be fair, making it beneficial for both contract parties
- Be objective; the work should be properly bid, & adequately accomplished.
- Be organized by standard formats where appropriate.
- Be practical, recognizing that contractors are not "magicians."
- Be specific, avoiding vague generalizations describing the desired work.
Specifications Language
- Written in simple language. Avoid words that may have diverse meanings and provide context for any technical terms.
Avoiding Indefinite Meanings
- Avoid imprecise language. Use precise and specific language to avoid any possible misunderstanding in any meaning of words.
Exact Word Meanings
- Correct word usage is paramount; misuse, double meanings, slang/colloquial terms can cause ambiguity. Precise definitions are recommended for accuracy.
Preliminary Review
- Specifications should initially be presented in the form of an outline or outline specifications, to accompany schematic designs; should be further developed into preliminary specifications.
Component Parts of a Specification
-
a. Instructions to Bidders
-
Form of bid & signature
-
Interpretation of drawings & specifications
-
Preparation of proposal
-
b. Bidding documents
-
List of docs with the bid
-
Bonding requirements
-
What is expected of the successful bidder
-
Insurance policies
-
Basis for bidder selection
-
c. General conditions
-
Legal definitions of contract terms
-
Correlation & intent concerning the documents
-
The sequence of the work & subcontracts.
-
d. Technical provisions
-
Specific details concerning the installation/construction of work components & related materials
-
e. Addendums
-
Issued after project advertisement for bids but before opening; modifications to contract documents.
-
f. Standard specifications
-
Pre-printed set of general conditions/technical requirements for construction materials.
Conflicts Due to Drawings and Specifications
- If a drawing and related specifications conflict, the specification often takes precedence.
Scope-of-Work Disputes
- Often due to inadequate description/definition/delineation of work.
Avoiding Scope-of-Work Problems
- Provide adequate budget to contractors/specifiers
- Work with a carefully prepared set of coordinated documents.
- Place control of specifications in the hands of a single, qualified specifications engineer.
- Master documents are updated annually to consistently follow standards.
Allowances and Tolerances in Specifications
- Specifying limits of acceptable tolerance is important because contractors can be blamed for errors, even if their work meets other expectations.
International Construction Contracts
- FIDIC (International Federation of Consulting Engineers) documents are usually used in international projects.
Other topics (may need to be organized further into specific sections or subsections in your chosen study format):
- Contracts
- Civil Works Procurement Procedures (RA 9184)
- Site inspection
- Bidding requirements and processes
- Contracts, breaches, and remedies
- Procurement and bid processes
- Value Engineering
- Terminology lists (e.g. of specific construction materials, design components, and issues)
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
