Construction Contracts and Specifications
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What is the purpose of specifying 'Contract laws' in a construction contract?

  • To outline the steps involved in submitting bids for the project.
  • To define the responsibilities of each contractor involved in the project.
  • To establish a clear and legally binding framework for the project. (correct)
  • To list the specific materials and equipment needed for the project.

Who is responsible for overseeing the project on behalf of the Owner?

  • The Subcontractor
  • The Owner's Representative (correct)
  • The Contractor
  • The Philippine Contractors Accreditation Board

Which of the following is NOT a standard component of a construction contract?

  • Document List
  • Project Management Software (correct)
  • Payment and Invoicing Terms
  • Construction Scope

What is the primary function of the 'Construction Conditions and Responsibilities' section in a construction contract?

<p>To clarify the roles and responsibilities of all parties involved. (C)</p> Signup and view all the answers

What is a 'Subcontractor' in the context of a construction contract?

<p>A contractor who works under the direction of the main Contractor. (C)</p> Signup and view all the answers

What is the role of the Philippine Contractors Accreditation Board (PCAB) in the construction process?

<p>To issue permits and licenses to contractors and subcontractors. (A)</p> Signup and view all the answers

Why is a 'Construction Scope' defined in a contract?

<p>To establish a clear and measurable definition of the work to be done. (B)</p> Signup and view all the answers

What is the purpose of a 'Document List' in a construction contract?

<p>To provide a comprehensive list of all relevant project documents. (C)</p> Signup and view all the answers

Which of the following would NOT be considered a Force Majeure event?

<p>A sudden and unexpected increase in the cost of building materials (D)</p> Signup and view all the answers

What is the primary purpose of the Contract?

<p>To define the specific scope of work to be performed by the Contractor (D)</p> Signup and view all the answers

Which of the following is NOT an example of a Force Majeure event as defined in the text?

<p>A sudden and unexpected increase in the cost of labor (E)</p> Signup and view all the answers

What is the importance of "Written Notice" in the Contract?

<p>To provide a formal record of all important events and decisions related to the project (C)</p> Signup and view all the answers

Which of the following is NOT included in the definition of Force Majeure?

<p>A significant increase in the price of raw materials (D)</p> Signup and view all the answers

What is the standard of conduct required of the parties in the Contract?

<p>They must act with honesty and good faith towards each other (C)</p> Signup and view all the answers

How does the Contract address the resolution of conflicts or discrepancies in interpretation?

<p>The Owner has the final say in interpreting the Contract (E)</p> Signup and view all the answers

Which of the following activities are NOT included in the scope of work defined by the Contract?

<p>Managing the project's budget and financial reporting (A)</p> Signup and view all the answers

What does the term 'COSTS' specifically not include?

<p>Allowances for profit (C)</p> Signup and view all the answers

In which scenario would a party be considered a supplier rather than a Sub-Contractor?

<p>Providing materials without labor (A)</p> Signup and view all the answers

What is the CONTRACT PRICE?

<p>The amount paid for the work execution (B)</p> Signup and view all the answers

What type of bond guarantees the quality of materials provided by the Contractor?

<p>Guarantee Bond (C)</p> Signup and view all the answers

Which bond ensures the Contractor's faithful compliance with payment to workers and suppliers?

<p>Payment Bond (C)</p> Signup and view all the answers

What marks the completion of the Owner's obligation to pay the CONTRACT PRICE?

<p>The final payment to the Contractor (C)</p> Signup and view all the answers

What is required from the Contractor to guarantee the performance of the Work?

<p>Securities or bonds (D)</p> Signup and view all the answers

Which type of bond ensures that the Contractor executes the Work according to the Contract?

<p>Performance Bond (D)</p> Signup and view all the answers

What is the purpose of the Invitation to Bid?

<p>To notify potential bidders about the project and its requirements. (D)</p> Signup and view all the answers

What does a Bid Bond guarantee?

<p>The bidder will enter into the Contract if awarded. (A)</p> Signup and view all the answers

Which of the following best describes Specifications?

<p>They detail the qualities of materials and methods of construction. (B)</p> Signup and view all the answers

What are Special Provisions or Conditions intended for?

<p>They modify the general conditions of the contract. (D)</p> Signup and view all the answers

What does the term 'WORK' refer to in a construction contract?

<p>All labor, materials, and equipment necessary for contract fulfillment. (C)</p> Signup and view all the answers

What information does a Bid Bulletin typically provide?

<p>Additional information regarding Bid Documents before the bidding date. (B)</p> Signup and view all the answers

Which statement is incorrect regarding Change Orders?

<p>They specify the penalties for non-compliance by the contractor. (B)</p> Signup and view all the answers

What role do Supplementary Specifications play in the bidding process?

<p>They amend or add information to existing Specifications. (A)</p> Signup and view all the answers

What happens if the Owner fails to issue the instruction in writing?

<p>The work will be perceived as done according to the Owner's interpretation. (D)</p> Signup and view all the answers

What should the Contractor do upon spotting a discrepancy in the documents?

<p>Report it immediately to the Owner. (A)</p> Signup and view all the answers

Who is primarily responsible for the adequacy of the design and sufficiency of the drawings?

<p>The Owner. (C)</p> Signup and view all the answers

What is one of the responsibilities of the Owner regarding the Contractor's timely completion of work?

<p>To express satisfaction and determination of value in a timely manner. (B)</p> Signup and view all the answers

What happens to work done by the Contractor if discrepancies are found but not reported to the Owner?

<p>It is considered done at the Contractor's risk. (A)</p> Signup and view all the answers

In terms of notices and submissions, what is the Contractor required to do?

<p>Give notices in a timely manner to avoid delays. (D)</p> Signup and view all the answers

What must the Owner consider when making decisions that affect the Contractor's work?

<p>Completion Time and the approved construction schedule. (B)</p> Signup and view all the answers

When the Contractor is designing any part of the work, who assumes responsibility for that design?

<p>The Contractor assumes all responsibilities. (D)</p> Signup and view all the answers

Which of the following is NOT considered a Contract Document?

<p>Project Budget (B)</p> Signup and view all the answers

What is the primary purpose of the 'Project Description' section in a construction contract?

<p>To define the scope of work and the problem being addressed. (A)</p> Signup and view all the answers

What is the difference between the 'Agreement' and the 'Contract Documents'?

<p>The Agreement is signed by the Owner and Contractor, while the Contract Documents are attached to the Agreement. (B)</p> Signup and view all the answers

'Contract' is a term used to describe which of the following:

<p>The agreement signed by the Owner and Contractor and any attached documents. (B)</p> Signup and view all the answers

Which of the following sections is LEAST likely to be modified in a construction contract agreement based on the specific project?

<p>Contractor's standard operating procedures (B)</p> Signup and view all the answers

What is the main purpose of a contract agreement in construction projects?

<p>To protect the interests of both the owner and the contractor. (B)</p> Signup and view all the answers

What does the term 'Contract Documents' typically include?

<p>The specifications, drawings, and other bid documents. (A)</p> Signup and view all the answers

According to the content, what is the main difference between the Special Provisions and the General Conditions?

<p>Special Provisions are specific to a particular project, while General Conditions apply to all projects. (B)</p> Signup and view all the answers

Flashcards

Construction Contract Agreement

A legal document outlining the terms of a construction project.

Contract

Combination of Agreement and Contract Documents in construction.

Agreement

The document signed by the OWNER and CONTRACTOR excluding our main contract documents.

Contract Documents

Documents attached to the Agreement that detail project specifications.

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Project Description

Details what the project is about, addressing the main idea.

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Contract Price

The monetary amount awarded for the construction work, including adjustments.

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Payment Basis

Describes how and when the contractor will be paid for the project.

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Construction Template

Standard operating procedures and terms used by contractors for agreements.

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Application for Payment

A request made to receive payment for services or work completed.

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Payment Terms

Conditions regarding when and how payments are made, including penalties.

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Construction Scope

A detailed description of all construction activities in a project.

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Construction Conditions

Responsibilities and requirements for the owner and contractor.

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Contract Laws

Legal requirements governing contract execution and claims.

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Owner's Representative

A person authorized by the owner to act on their behalf.

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Subcontractor

A licensed contractor hired by the main contractor.

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Owner's Written Instruction

Without written instructions, work is deemed executed based on Owner's past interpretation.

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Contractor's Responsibility for Discrepancies

Contractors must report discrepancies immediately to avoid risk on their part.

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Owner's Responsibility for Design

The Owner is accountable for the adequacy of the design and specifications unless designed by the Contractor.

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Owner's Timely Actions

Owner must act timely on decisions that impact Contractor's work completion.

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Contractor's Notice to Owner

The Contractor must deliver notices and submissions promptly to prevent delays.

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Consequences of Non-Reporting

Work involving discrepancies not reported is at the Contractor's risk.

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Owner's Role in Project Timeliness

Owner actions like providing materials are critical for timely project completion.

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Contractor's Risk with Discrepancies

If discrepancies are found but not reported, work is done at the Contractor’s risk.

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Acts of God

Events beyond control, unavoidable despite care, including disasters.

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Force Majeure

Legal term for unforeseen events impacting obligations in a contract.

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Written Notice

Communication delivered to inform parties regarding the project.

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Contract Intent

Purpose of the contract to include all required resources for the project.

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Standard of Conduct

Requirement for honesty, justice, and good faith in contract dealings.

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Conflict Resolution

Owner's responsibility for conflicts or discrepancies in the contract interpretation.

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Force Majeure Events

Specific events listed under force majeure, including war and disasters.

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Liability Exceptions

Conditions under which parties are not liable due to force majeure occurrences.

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Invitation to Bid

Notice published by the Owner for prospective bidders about a project.

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Bid Documents

All documents provided to bidders, including the invitation and contract copy.

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Bid Bulletin

Additional information on Bid Documents issued before bidding date.

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Bid

Tender or offer from a bidder to perform the work described in the contract.

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Bid Bond

Guarantee that the bidder will enter into a contract if awarded.

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Special Provisions

Instructions issued before bidding to modify the contract documents.

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Specifications

Written description detailing the work and materials to be used.

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Work

All labor, materials, and equipment needed to complete construction obligations.

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Costs

All expenditures incurred by the Contractor, not including profit.

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Final Payment

The last payment that settles all claims and adjustments.

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Surety

A person, firm, or corporation that issues a bond for the Contractor.

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Guarantee Bond

A bond ensuring the quality of materials and workmanship.

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Payment Bond

A bond ensuring the Contractor pays all workers and suppliers.

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Performance Bond

A bond ensuring the Contractor executes the work per contract.

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Study Notes

Contract and Specifications

  • A construction contract outlines the terms of a project, agreed upon by all parties involved.
  • A contract is the combination of the agreement and contract documents.
  • An agreement describes the terms of the overall agreement, excluding contract documents.
  • Contract documents include: special provisions, general conditions, specifications, drawings, and other bid documents.
  • Construction companies often use templates for their contracts.
  • These templates include standard operating procedures as well as rates and conditions.
  • Each contract is tailored to specific project needs (scope of work, costs, etc).
  • Key contract sections typically include: project description, contract price, payment basis, schedule, and a list of documents.

Parties Involved in a Contract

  • Owner: The party or authorized representative signing the contract and commissioning an owner's representative
  • Owner's Representative: The person designated by the owner to act on their behalf.
  • Contractor: Registered and licensed entity awarded the contract to execute the work.
  • Subcontractor: A contractor registered by the Philippine Contractors Accreditation Board tasked with executing work on behalf of the main contractor.

Bidding Process and Contract Requirements

  • Invitation to Bid: A notification from the owner to prospective bidders, outlining project details and bidding conditions (contract documents).
  • Bid Documents: Include invitations, contract documents, and additional information.
  • Bid Bulletins: Supplementary information released before bidding deadlines.
  • Bid: A tender indicating a bidder's offer to perform the work.
  • Bid Bond: A guarantee that the bidder will fulfill the contract.
  • Special Provisions: Instructions that augment the drawings, specifications, and general conditions.
  • Specifications: Detail of materials, equipment, construction methods, and quality.
  • Supplementary Specifications: Additional detail of specifications.
  • Drawings: Graphical representation of work details.

Work Performance and Cost

  • Work: Contractor's labor, materials, equipment, and obligations.
  • Completion Time: Specified time limit for completing the work.
  • Costs: All expenditures related to the project, excluding profits.
  • Subcontracting: Contractors are allowed to contract with subcontractors.
  • Contract Price: Total amount paid by the owner to the contractor.
  • Final Payment: Payment made after all tasks and approvals are completed.

Contract Performance and Dispute Resolution

  • Guarantee, Payment, and Performance Bonds: Securities to ensure contractor commitment.
  • Force Majeure: Events beyond the parties' reasonable control that could impact the project.
  • Written Notice: Formal communication using registered mail or courier
  • Responsibility for resolving conflicts or discrepancies falls on the owner
  • Consequences of owner not providing written instructions
  • Obligations with respect to defective or inferior materials.
  • Review and correction of documents errors/inconsistencies
  • Accuracy and responsibility for documents
  • Document ownership: Documents remain the owner's property

Contractor Responsibilities

  • Contractor's timely completion of work and responsibilities related to actions that could impact timely completion
  • Giving notices or submission to the owner
  • Responsibilities within the timeframe of the contract and agreed-upon specifications
  • Requirements of inspections if needed
  • What must be done with defective materials or work

Maintaining Project Documents and Ownership

  • Maintaining documents relating to work on the project site
  • What documents must be maintained, and what happens when these documents are changed/updated.
  • Transfer of ownership of documents

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Description

This quiz covers the fundamentals of construction contracts, including their definitions, essential components, and the roles of various parties involved. It also explores contract documents and how they are tailored to meet the needs of specific projects. Test your understanding of key contract sections and terminology in the construction field.

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