Tender Documents: General and Special Terms and Conditions

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:

  1. Definitions and interpretation
  2. Engineer's representative
  3. Assignment and subletting
  4. Extent of contract
  5. Contract documents
  6. General obligations
  7. Labour
  8. Work materials and plant
  9. Commencement time and delays
  10. Maintenance and defects
  11. Alterations, additions and omissions
  12. Property in materials and plant
  13. Measurement
  14. Provisional and prime cost sums
  15. Certificates and payment
  16. Remedies and powers
  17. Special risks
  18. Frustration
  19. Settlement of disputes
  20. Notices

The short and straight forward form for general terms and conditions
It must include the following Articles:
  1. Default of Employer
  2. Nature and interpretation of contract
  3. Delays and default
  4. Acceptance
  5. Copyrights and patents
  6. Disputes and arbitration
  7. Liability with respect to claims
  8. Changes and amendments
  9. Termination
  10. Notices

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:
  1. Work and services to be executed by the Contractor
  2. Equipment, materials, supplies, services and personnel to be provided by the Contractor
  3. Schedule of performance
  4. Authorizations and permits
  5. Levies, duties, taxes, etc.
  6. Statement of accounts and/or invoices of Contractor
  7. Overpayments
  8. Remuneration and method of payment
  9. Revision of prices
  10. Bonus for early completion and penalties
  11. Certificates of completion of works
  12. Period of maintenance
  13. Completion of period of maintenance
  14. Supervision of works
  15. Construction site logbook
  16. Organization of the construction site
  17. Particulars to be supplied
  18. Presence of the Contractor on the construction site
  19. Insurances at the cost of the Contractor
  20. Clearance of site on completion
  21. Patent rights and royalties
  22. Inspection of site
  23. Designation of the Organization's Resident Engineer

To download the Special Terms and Conditions Form, press Here.

1 comment: