General terms and conditions:
It is the terms and conditions that generally control the tendering and contracting process between the owner and the contractor or it is the document seek to establish general rules and practices to be followed by owner and contractor.
If the owner will be a governmental authority then the general terms and conditions will be assigned by laws called “tendering and procurement Laws” which differ from country to another but all governmental tenders within one country will have the same general terms and conditions .
So, it is very important for local and international contracting companies to study and review the “tendering and procurement Laws” for the under-tendering project country.
These general terms and conditions provided on the tender form usually include- but not limited to – the following Articles:
- Definitions and interpretation
- Engineer's representative
- Assignment and subletting
- Extent of contract
- Contract documents
- General obligations
- Work materials and plant
- Commencement time and delays
- Maintenance and defects
- Alterations, additions and omissions
- Property in materials and plant
- Provisional and prime cost sums
- Certificates and payment
- Remedies and powers
- Special risks
- Settlement of disputes
The short and straight forward form for general terms and conditions
It must include the following Articles:
- Default of Employer
- Nature and interpretation of contract
- Delays and default
- Copyrights and patents
- Disputes and arbitration
- Liability with respect to claims
- Changes and amendments
To download the short form of General Terms and Conditions, press Here.
Special terms and conditions:
It governs the character of the work to be carried out and it lists some conditions required by owner to supersedes/justify its related general conditions.
It comprises mainly – but not limited to -the following articles:
- Work and services to be executed by the Contractor
- Equipment, materials, supplies, services and personnel to be provided by the Contractor
- Schedule of performance
- Authorizations and permits
- Levies, duties, taxes, etc.
- Statement of accounts and/or invoices of Contractor
- Remuneration and method of payment
- Revision of prices
- Bonus for early completion and penalties
- Certificates of completion of works
- Period of maintenance
- Completion of period of maintenance
- Supervision of works
- Construction site logbook
- Organization of the construction site
- Particulars to be supplied
- Presence of the Contractor on the construction site
- Insurances at the cost of the Contractor
- Clearance of site on completion
- Patent rights and royalties
- Inspection of site
- Designation of the Organization's Resident Engineer
To download the Special Terms and Conditions Form, press Here.