Civil Engineering Reference
In-Depth Information
2
Contract Documents
If a contractor is successful at tender stage, the architect or the employer will write,
informing you of the fact. Such a letter may or may not be an acceptance which
will form a binding contract. An unequivocal letter of acceptance is what you are
looking for, but it is a rare commodity. If the letter is hedged around with provisos
or made subject to agreeing further terms, it will not usually form a contract.
The letters which follow cover the basic situations which might arise in relation
to the contract documents which will be prepared for signature or for completion
as a deed by the architect or, in the case of a local authority, by the legal department.
It is no longer necessary to seal a document in order to make it a deed, although
you may continue to seal if you so wish. In view of the differing limitation periods
(6 and 12 years) which will apply, depending on whether the document is under
hand or a deed, it is wise to get advice if you are in any doubt about the procedure
or the consequences. In any event, it is crucial to examine the documents with great
care.
The printed contract itself should be checked against the information given in
the tender documents and the discrepancies noted. The contract drawings must be
identical with the drawings on which you tendered. Sometimes, in a traditional pro-
curement situation, such drawings are revised by the architect between invitation
to tender and the completion of the contract documents. If you find any inconsis-
tencies at all, refuse to sign the documents until they are corrected, no matter that
the architect assures you that they do not affect the contract. Particular care must
be exercised when you enter into a contract on the basis of DB. The Employer's Re-
quirements and the Contractor's Proposals must be consistent, because the contract
does not contain any obvious mechanism for correcting discrepancies between the
two documents. There will still be a danger that the original drawings forming the
basis of your tender will be amended before the formal documents are put together,
but the person responsible is more likely to be you than the employer's agent. It
is not sufficient merely to list the inconsistencies between the Employer's Require-
ments and the Contractor's Proposals. They must be amended so as to be consistent.
This is very important because, if not amended, the Employer's Requirements will
usually take precedence.
Some of the letters deal with the circumstances if work commences on site before
the documents are complete. This situation should not be allowed to occur. In prac-
tice, it often happens. There will be little difficulty provided that a binding contract
is in existence and that it precisely reflects the terms of the formal documents. This
it will often do by incorporation, i.e. specifically referring to them. Provided such
