1.4.3 Tender Documentation A number of strategies can be used in the preparation of tender documentation to help avoid claims; a) Avoid dealing with items post tender . Statements such as ‘to be agreed’ can lead to dispute without the leverage of competition. b) Phrases such as ‘to suit the contractor ’s programme’ are open ended. c) Setting a conditional date such as, ‘in accordance with the architect ’s instruction’ creates uncertainty for tendering contracts . It is not possible to enforce an ‘agreement to agree’. d) Avoid ambiguity in design responsibility, such as, ‘the contractor shall complete any design required after the consultants have finalised the drawings provided for tender purposes’. e) Ensure that programmes, resource charts and method statements supplied by contractors with their tenders are provided for tender assessment only and are not adopted as contract documents or as the basis for variations. f) If possible, avoid ‘ letters of intent ’ as they encourage arguments over details in the contract not covered in the letter of intent. There are many cases where disputes have gone to Court with no signed contract in place. At the very least a letter of intent should limit activity to pre-construction activity, such as engineering design and pre-ordering of long-delivery items of manufacture. It is also beneficial to define payment terms in a letter of intent as this can be one of the most contentious matters of legal disputes. There is no exact legal definition of Quantum Merruit, and so a letter of intent should describe how overheads, profit and indirect costs are to be treated.
1.4.4 Design Many claims arebasedon delays resultingfrom designconsultants issuing schedules, drawings and specifications after construction has begun. Conflict can then arise due to arguable deficiencies in that information: a) Missing, or not produced. b) Late. c) Incorrect. d) Insufficient to order or build. e) Impractical. f) Unclear or conflicting. g) Inconsistent with pricing information. h) Inappropriate or not fit for purpose. i) Uncoordinated with other information. Some flexibility is allowed by standard traditional contracts for the design team to issue further drawings and details reasonably necessary either to explain or amplify the contract drawings 1.4.5 Contractor’s Master Programme Many contracts require the contractor to draw up a contractor’s master programme after the execution of the contract. The contract documents should specify the level of detail required by the contractor's master programme, however, the contractor should make allowance for the following: a) Realistic time for carrying out each section of the work, with proper consultation and agreement with the major subcontractors involved.
You've reached the end of your free preview.
Want to read all 14 pages?
- Fall '16