General Conditions of The Contract

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General Conditions of the Contract 6.

Business details
7. Conduct of the work
QUESTION: In a contract for the construction of 8. Completion and acceptance
the major engineering work, why are the
“General Conditions” necessary? Outline of the General Conditions (75 articles)
1. Intent of the contract documents
 The construction of any extensive 2. Definitions
project of the engineering-works type is 3. Contract security
a major undertaking with complex 4. Contractor’s insurance
organizational problems and with many 5. Owner’s insurance
parties involved. The General 6. Fire insurance
Conditions must define the relations of 7. Unemployment compensation and
all these parties with one another and social security
with the general public as represented 8. Patents and royalties
by the various laws, codes, and 9. Payment for permits
regulations which are applicable 10. Damages
because of possible effect on public 11. Liens
health, welfare, or safety. 12. Construction reports
13. Partial payments
Material in the General Condition 14. Application for payment
15. Certificates of payments due
Nine types of subject matter:
ARTICLE 1 – Intent of the contract documents
1. A statement of the intent of the ARTICLE 2 – Definitions
contract documents and the relation of ARTICLE 3-11 – Bond requirements and financial
the individual documents to the whole protection
group. ARTICLE 12-23 – Reports and payments
2. Definition of special words used and of ARTICLE 24-32 – Modification of contractual
any ordinary words which are used in a relations
special sense. ARTICLE 33-44 – Business details
3. A listing and defining of the rights ARTICLE 45-69 – Conduct of the work
reserved by or assigned to the owner, ARTICLE 70-75 – Completion and acceptance
engineer, architect, and contractor.
4. A listing and defining of the INTENT OF THE CONTRACT DOCUMENTS – is to
responsibilities assigned to the owner, include in the contract price the cost of all labor
engineer, architect, and contractor. and materials, water, fuel, tools, plant,
5. A listing and defining of the authority equipment, light, transportation and all other
assigned to the owner, engineer, expense as may be necessary for the proper
architect, and contractor. execution of the work.

General conditions could be divided by into: DEFINITIONS – desired to give them precise
meanings for the purpose of the contract.
1. Intent of the contract documents
2. Definitions
3. Bond requirements and financial
protection
4. Reports and payments
5. Modifications of contractual relations
Types of words for which definitions are given:  Owner’s insurance
1. Owner
2. Bidder a.) Owner’s protective liability – will
3. Contractor protect him from contingent liability for
4. Subcontractor damages.
5. Seller b.) Builder’s risk insurance – will effect and
6. Project maintain for the benefit of the parties
7. The Work to the contract.
8. Work on the project
9. Furnish UNEMPLOYMENT COMPENSATION AND
10. Chief engineer SOCIAL SECURITY – the contractor shall satisfy
the company within the terms of
Sample Definitions below: Unemployment Compensation Act.

1. General contractor – The person, firm, DAMAGES – wrongful act or neglect of the
or corporation to whom the within other party.
contract is awarded.
2. Subcontractor of construction – LIENS – final payment for any part of the
furnishing labor and materials retained percentage.
performing work under supervision of
GenCon. CONSTRUCTION REPORTS – required because
3. Project – The entire delivery proposed the owner must know if the project is
by the company. progressing.
4. The Work – interpreted to mean the
work, including all materials, labor, Two records for construction reports:
tools, etc. 1. Detailed Estimate
5. Work on the Project – work to be 2. Periodical estimate for partial payment
performed.
6. Surety – performance bond securing PARTIAL PAYMENTS PROCEDURES
the performance within the contract.
7. Order – written order addressed to the 1. Not later than 15th day of each calendar
General contractor. month the Owner will make partial
8. Section – specification section payments for the Contractor.
2. The Contractor shall pay for all transpo
CONTRACT SECURITY – usually furnished in the and utility not later than the 20th day.
form of a bond.

INSURANCE

 Contractor’s insurance – the contractor


shall not commence work under this
contract until he has obtained all
insurance required.

Proof of Carriage of Insurance – certificates of


insurance.

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