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CHAPTER TWO
CONTRACT ADMINISTRATION
2.1 INTRODUCTION
A contract is written or oral legally binding agreement having a lawful object entered into
voluntarily by two or more parties, each of whom intends to create one or more legal
obligations between them.
The elements of a contract are "offer" and "acceptance" by "competent persons" having
legal capacity who exchanges "consideration" to create "mutuality of obligation.
Proof of some or all of these elements may be done in writing, though contracts may be
made entirely orally or by conduct.
The remedy for breach of contract can be "damages" in the form of compensation of
money or specific performance enforced through an injunction.
Both of these remedies award the party at loss the "benefit of the bargain" or expectation
damages. The parties may be natural persons or juristic persons.
A contract is a legally enforceable promise or undertaking that something will or will not
occur.
A Construction Contract between the Contractor and the Owner is very important for successful
completion of a construction project. This Construction Contract will help to engage a Contractor
to do all the work and provide all the materials, tools, machinery and supervision necessary for the
construction of a structure on real property. A Construction Contract should identify each party
and their responsibilities, fully define the work to be done, and fix the amount and timing of
payment. The terms and conditions are incorporated in a contract agreement signed by both
parties.
Contract administration is one of the most important jobs related to construction projects and
involves numerous tasks occurring before and after contract execution and work order issuance.
All works must be administered in accordance with the contract specifications, terms and
conditions, state and federal laws and regulations, and department policy.
Proper contract administration includes:
developing proper and accurate bid and contract documents
complying with contract documents and specifications
enforcing state and federal regulations
ensuring quality control by overseeing, inspecting and reviewing sampling and
testing of all materials and work
keeping and maintaining accurate project records
The Law is, a set of general statements aimed at regulating choices in possible human behavior
that is defined or recognized, publicized and sanctioned or rewarded by the State. The Law
generally performs its regulatory function by demanding its subjects/citizen to do something
(permissive) or by ordering not to do something (prohibitive).
2. COST PLUS
Cost plus is a contract agreement where in the purchaser agrees to pay the cost of the work,
including all trade contractor work, labor, materials, and equipment, plus an amount for contractor
overhead and profit. These types of contracts are favored where the scope of work is
indeterminate or highly uncertain, and the kinds of labor, material, and equipment needed are also
uncertain.
4. UNIT PRICE
This kind of contract is based on estimated quantities of items included in the project and their
unit prices. The final price of the project is dependent on the quantities needed to carry out the
work. In general, this contract is only suitable for projects in which the scope is reasonably well
5. COST-REIMBURSABLE ALTERNATIVE
With cost-reimbursable alternative contracts, contractors are paid for the work with a mix of
reimbursable and fixed or incentive costs. Cost-reimbursable alternative contracts are effective
when the general scope of work and schedule are defined, but there is uncertainty in quantities or
execution. Under cost-reimbursable alternative contracts, uncertainty in project scope is borne by
the client. Cost-reimbursable alternative contracts offer significant flexibility for responding to
conditions that are uncertain. There are different variations of basic cost-reimbursable alternative
contracts, including cost-reimbursable plus fixed fee, cost-reimbursable plus performance-based
incentives, direct cost-reimbursable plus fixed construction management costs, and others.
1. Force Account: - is the payment method used for extra work if the contractor and the owner
cannot agree on a unit price or lump sum amount, or if those methods are impracticable. Force
account payments cover labor, materials, and equipment. They may also cover other
miscellaneous expenses. Prime contractors are paid only one allowance for force account work.
The allowance covers administration, general superintendence, additional bond and other
overhead expenses.
2. Design Bid Build: - In practice, the owner usually enters into a contract with an
architect/engineer to plan and design a project to satisfy the owner's particular needs. The owner
participates during the design period to set criteria for design, cost, and time limits for completion
and to provide decision-making inputs to the architect/engineer. Upon completion of the planning
and design process, the project is ready for construction and the advertising or selection process
to obtain a qualified construction contractor begins.
After selection of a qualified construction contractor, or, as in the case of public works projects,
selection of the lowest bidder, the owner enters into a contract directly with the contractor, who will
then be fully responsible directly to the owner or the owner's designated representative for
building the project in accordance with the plans, specifications and local laws.
Owner
Contractual r/ship
Separate designer
Single general contractor
Numerous subcontractors
Negotiated professional fee for design service
3. Design/Build: - In a design/build contract, the owner contracts a single firm to design and build
the project. In this type of contracting system, the contractor is appointed based on an outline
design or design brief to understand the project owner’s intent. The owner has to clearly define his
or her needs and scope of work before the signing of the contract. It is imperative that the project
definition be understood by the contractor to avoid any conflict, as the contractor is responsible
for detailed design and construction of the project. A design/build type of contract is often used to
shorten the time required to complete a project. Since the contract with the design/build firm is
awarded before starting any design or construction, a cost plus contract or reimbursable
arrangement is normally used instead of lump sum, fixed-cost arrangement. This type of contract
requires extensive involvement on the part of the owner during the entire life cycle of the project.
He or she has to be involved in making decisions during the selection of design alternatives and
the monitoring of costs, schedules, and quality during construction and, therefore, the owner has
to maintain/hire a team of qualified professionals to perform these activities. Design/build
contracts are used for relatively straightforward work, where no significant risk or change is
anticipated and when the owner is able to specify precisely what is required.
Project Owner
Civil
Design/Build Contractor
Mechanical
Electrical
Advantages: contractor
Disadvantages
This type of contract requires extensive involvement on the part of the owner
during the entire life cycle of the project.
An owner engaging a design/construct firm must insure that the quality of the
constructed facility is not sacrificed by the desire to reduce the time or the cost
for completing the project.
He or she has to be involved in making decisions during the selection of design
alternatives and the monitoring of costs, schedules, and quality during
construction and, therefore, the owner has to maintain/hire a team of qualified
professionals to perform these activities.
4. The Turnkey Contract: - As the name suggests, these are the types of contracts where, upon
completion, one turns a key in the door and finds everything working to full operating standards.
In this type of method, the owner employs a single firm to undertake design, procurement,
construction, and commissioning of the entire work. The firm is also involved in management of
the project during the entire process of the contract. The client is responsible for preparation of
In some literatures, variation order is referred or named as change order. In this handout, change
or change order means variation order.
Variation order is any modification to the contractual guidance provided to the contractor by
set forth in the original agreement between the parties (often as established at the time of
bid) and the requirements imposed subsequent to this agreement (usually recognized during
the actual construction of the project).
Variation orders cannot be avoided completely.
Various authors intimate that variation orders are common to all types of projects.
Variation orders may arise from changes in the minds of parties involved in the contract.
Not all the Consultant's instructions constitute variation orders.Variation order do not change
the scope of work, in fact, the requirement of the variation order must be within the original
scope of work. Changes that are outside the scope of work require a supplementary
agreement.
with the oral instructions, all oral instructions have to be confirmed in writing by either the
consultant or the contractor.
orders. The following may be the causes of variation orders in Construction Projects:
Natural incident such as heavy rainfall, landslides, flooding and failure of temporary form of
work or earth-retaining shields.
politics, general election, early occupation of the newly built facility or conflicting views by
higher authorities;
The following may be the effects of Variation Order on Construction Projects performance:
contractor; demolition;
reduced Construction rate and/or price adjustment;
of factors:
Re-works,
Re-ordering,
Job relocation,
Scheduling
Focusing more effort during the design phase because this would contribute
greatly to the reduction of the occurrence of variation orders during the
construction phase.
The role of Contractor in managing Variation order in Construction Projects
discovered;
Discovering an obvious discrepancy, omission, error, or conflict in the contract
document and request that the Consultant reviews that problem, discuss the
additional costs to correct the situation, agree on a price, and authorize the
variation order;
Proposing alternative construction methods where the contractor's experience
shows that the proposed technology will not fulfill the desired fitness and
function of a design:
Spending more time and money on the design phase of the Project or work;
◦ change in scope
◦ delays caused by the owner
owner has duty to provide adequate, accurate data to the bidders
Owner is liable to contractor when:
◦ inaccurate data are given
◦ extras develop because of improper design
◦ design is significantly changed after the contract is signed (constructive
change)
Contractor must prove entitlement and the associated damages
Contractor must provide timely notice of claim upon discovering impact
Types of Claims
◦ delay or disruption claim
◦ extra work claim
◦ acceleration
◦ impossibility-of-performance claim
◦ defective design claim (error or omission)
◦ interference claim
◦ superior knowledge claim
Claims Avoidance
producing comprehensive, accurate, contract documents
constructability review
clear understanding of contract requirements prior to bidding
having good administrative procedures in place
open and honest communication
timely troubleshooting
Dispute Resolution
A. Preventive DRS
Early settlement between parties
B. Amicable DRS
Alternative depute resolution (ADR)
1. Avoidance
Even avoidance isn’t avoidance
In construction we have lots of reasons to avoid confrontation
In construction, 99% of avoided disputes become bigger – they fester –
they don’t self-resolve But sometimes resolution takes a while …
2. Negotiation
• Dispute resolution between the parties involving only the parties
• Casual Conversations, emails, texts, phone calls
• Formal Meetings, documentation, presentations
• Resolution Regardless of how Put it in writing
5. Arbitration