Aspects of Civil Engineering Contract Procedure

Table of Cases

Table of Statutes


1. Introduction

Scope of Civil Engineering Work

Forms of Contract

Parties to the Contract

Engineer's Responsibilities and Duties

Direct Labor

Contractors

Sub-contractors

Negligence

Consultants

Resident Engineers

Agent

Quantity Surveyors

Co-operation


2. Legal Aspects of Contracts

The Formation of a Contract

Offer and Acceptance

"Battle of Forms"

Certainty of Terms

Consideration

Contracts Which Must be in Writing

The Parties to a Contract

Construing Contracts

Rules of Construction

Express and Implied Terms

Rectification

Waiver

Work Done before Contract

Arbitration

Private International Law

European Communities Law


3. Types of Contract and their Standard Forms

Contract

Standard Forms of Contract

Conditions of Contract

Lump Sum Contracts without Quantities

Bills of Quantities Contract

Schedule Contracts

Cost Reimbursement Contracts

Hybrid Contracts

The Choice of a Contract

Form of Tender

(Appendix) - Differences between Civil Engineering and Building Contracts


4. Preparation of the Contract Documents

Pre-contract Program

Drawings, Specifications, Bills of Quantities

Risk Borne by the Contractor

The Preliminary Bill

Dayworks

Working Rule Agreements

Estimates of Nominated Sub-contractors

Sureties and Performance Bonds

Unit Rates


5. Cost

Approximate Estimates

Critical Path Method

Discounted Cash Flow


6. Tendering Procedure

Types of Tender

The Negotiated Tender

Selective Tendering

Examination of Tenders

Correction of Errors

Open Tendering

Contractors' Alternative Proposals

Bulk Purchasing


7. Indemnities and Insurances

Indemnity Clauses

Types of Insurance Policies and Their Terms

Excepted Risks

Insurance of the Works

Public Liability Policies

Employer's Liability Policies

Insurance and the I.C.E. Contract

Insurance and the J.C.T. Contract

Insurance and the GC/Works/1 Contract

Nuisance


8. Forfeiture, Determination and Frustration

Breach of Contract and Determination

Bankruptcy and Liquidation

Grounds for Determination

Procedure after Determination

Frustration


9. Liquidated Damages, Delay and Extension of Time

Delay

Extension of Contract Time

Liquidated Damages

Time is of the Essence


10. Management and Settlement of Measurement Contracts

Interim Payments

Retention and Certificates

The Final Account

Nominated Sub-contractors

Dayworks

Fluctuations

Rate-fixing

Claims

Settlement of the Final Account


11. Management and Settlement of Cost Reimbursement Contracts

Cost Control

Labor

Plant

Materials

Sub-contracts

Valuations

Adjustment of the Fixed Fee

Direct Labor Contracts


12. Overseas Contracts - Finance and Procedures

Finance for Overseas Works

Overseas Forms of Contract

Overseas (Civil) Conditions of Contract

Conditions of Contract (International) for Works of Civil Engineering Construction

Other Standard Forms of Contract for Overseas Work

Appendix 1. Cross-references to I.C.E. (5th Ed.), J.C.T. Private (with Quantities) 1980, and GC/Works/1 (Edition 2) 2

Appendix 2. Events which may justify an extension of time under the I.C.E. contract

Appendix 3. Events which may justify an extension of time under J.C.T. Standard Form Contracts

Appendix 4. Bibliography

Index