Preview

Construction Law

Good Essays
Open Document
Open Document
1097 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Construction Law
CIDB Contract Form
PAM Form
PWD Form 1. Nominated Sub-Contractors
a) A Nominated Sub-Contractor means a person or specialist contractor with the Contract to be employed by the Contractor for the execution of work or supply of goods materials or services for which a Prime Cost has been inserted in the Contract.
a) The following provisions shall apply where P.C Sums are included in the Contract Bills or the results of given in regard to the expenditure of Provisional Sums in respect of a Person to be nominated by the Architect to supply and fix materials and goods or to execute work.

b) If any alternative design to the sub-contract drawings or sub-contract leaves any matter of design, the Nominated Sub-Contractors and not the Contractor shall be responsible to ensure that sub-contract works are fit its purpose.
a) The Superintending Officer shall obtain tenders for Nominated Sub-Contractor’s work or services or the supply of materials or goods in respect of which Prime Cost Sums or Provisional Sums are included in the Bill of Quantities and the Contractor shall on the written instruction of the superintending officer enter into such sub-contracts with the Nominated Sub-Contractor as the case may be and such sub-contracts shall be in the form as referred.

b) The Superintending Officer shall not nominate as a sub-contractor in connection with the works:
i) A person against the Contractor shall make in writing within 21 days from the date of the Superintending Officer’s instruction. ii) A person who will not enter into a sub-contract with terms and conditions as provided in Government standard form of sub-contract for Nominated Sub-Contractor (Form PWD 203).
2. Payment to Nominated Sub-Contractors
a) In any application for payment pursuant to Clause 42 which is payment, the Contractor shall include amounts claimed by the Nominated Sub-Contractor in respect of any work executed or any equipment, materials or goods delivered under the respective

You May Also Find These Documents Helpful

  • Better Essays

    The contract was awarded to the lowest bid, Sorochan Enterprises Ltd. Issues: Does the statement of privilege allow the owner to choose a bid other than the lowest even if it breaches the terms of the tender? Facts: One of the tender documents was that the lowest bid or tender shall not necessarily be accepted. There were multiple types of materials that could be used for the sub grade for installing the pipe, and the owner wanted to see only a single…

    • 1347 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    ACTG 440 Case 3

    • 1144 Words
    • 4 Pages

    c. The organization had inadequate segregation of duties because the purchasing agent was able to make up receiving slips. Accounts payable should pay invoices only on the receipt of valid receiving documents signed by someone in the receiving area. Controls should limit access to these documents. Additionally, the documents should be pre-numbered…

    • 1144 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Criterion ii. is met because there is no general rights of return relative to the…

    • 1375 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    LP 5.1

    • 351 Words
    • 2 Pages

    8. What are the general obligations of the seller and buyer in a contract governed by Article 2?…

    • 351 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Request for proposal

    • 371 Words
    • 2 Pages

    a.3 – Proposer or any individual who shall perform work under the contract has a possible conflict of interest…

    • 371 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Business Law

    • 1897 Words
    • 8 Pages

    I have identified a basic contract that is used when a provider and client have agreed to a specific service and payment for service (Savetz, 2012). The contract is at the end of this paper. In my scenario, the Client has requested the Provider to complete a concrete pad in the back yard of his new home. I will analyze this contract and identify the type of contract used, whether the contract is fair, if the contract is integrated or not, if the contract allows for the assignability of rights, and if the obligator can appoint another party to perform the contractual duties. I have identified the Client as McVay, and the Provider as Thomas. Thomas is the sole owner and employee of the company Concrete 123, in Sacramento California.…

    • 1897 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    4 A client’s procurement system ends with the assumption of a liability and the eventual payment of the liability. Which of the following best describes the auditor’s primary concern with respect to liabilities resulting from the procurement system?…

    • 3563 Words
    • 18 Pages
    Powerful Essays
  • Good Essays

    These terms and conditions shall apply to each and every request for a quote or service supplied or delivered by Concordis Language Services.…

    • 2332 Words
    • 10 Pages
    Good Essays
  • Good Essays

    Three Selected Clauses

    • 984 Words
    • 4 Pages

    The liability of completing additional work requirements resulting from change order directives is shifted toward the subcontractor through the inclusion of a change order clause. This is applicable to the conditions stipulated within the change order clause stricken from the contract. The owner under this clause is given authority to freely issue work order directives with the consideration of the contractor. These changes potentially leave the subcontractor subjected to any actual damages suffered from persistent changes to contractual work obligations. The assumed work liability of the subcontractor is further enhanced by the ambiguous language used to outline the owner and contractor’s responsibilities when determining the acceptance of an issued change order directive. This can lead to an increase in vulnerability for a subcontractor who is bound to the changes made in an arbitrary decision making process. To mitigate the risk of change order directives, I recommend replacing the existing change order clause with a condition defining the parameters for substantial completion of work. The term substantial completion is often used to defend against claims made by the owner against a contractor accused of a breach in the contract. This term can also be utilized to defend…

    • 984 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    1. INTRODUCTION Subcontractors could contribute to as much as 90% of the total project value (Matthews et al, 1997), and the performance of subcontractors could inevitably affect…

    • 1500 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    building a new structure

    • 1808 Words
    • 8 Pages

    (b) The contractor must be an authorized reseller of the networking and infrastructure components quoted and show proof thereof.…

    • 1808 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Ethics in Construction

    • 324 Words
    • 2 Pages

    Yes, the owner has that right to request bids from the other contractors, mainly it’s the owners project and he/she can choose to go with whom they prefer but when the bis is closed I think it is unfair to allow other bidders after the fact, but if the bid is publicly opened then the choice is the owners.…

    • 324 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Contract Disputes

    • 1248 Words
    • 5 Pages

    “CONTRACT DISPUTES REACH 15-YEAR HIGH”, was the heading of an article published, December 1, 2010 in the Government Executive. The heading in itself tells us that the government is doing more and more business by contract and as a result contractors who are lobbying for government business have become more aware of their rights to file disputes when it involves a loss of potential business. Because of this increase in disputes, the government must have a method of terminating contracts without suffering the financial liabilities that could result in millions and millions of dollars going to incomplete contracts and rebids to acquire a contractor for completion of unfinished contracts. This method of termination is known as a Default Clause which will be covered later in this paper. First we will look at a case that involves a contract dispute. The GAO file number: B-215789 which involves J.C. Hester Company, Inc who was awarded contract number: F34650-81-C-0158 with the Department of the Air Force. My reason for choosing this dispute case was because it requires that the individual look at all aspects of the case in reference to Disputes. Usually dispute cases depend on more than one aspect of the FAR. This case shows that not only the contractor but the contracting officer should pay strict attention to the reasons for the dispute. In this case knowledge of the Bids Protest Process area of the FAR is also required to determine if the recommendation by the Comptroller General was indeed valid and fair.…

    • 1248 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    6. A contract that contains a clause prohibiting its assignment will usually prevent it from being assigned-T…

    • 936 Words
    • 4 Pages
    Satisfactory Essays
  • Better Essays

    2. Grocery contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the six-month time limit due to a sudden increase in jobs, sub-contracted the entire job to Build Them To Fall. Grocery was unaware of the sub-contract. When Grocery realized (due to the poor quality of work) that Build, not Masterpiece, was handling the renovation, Grocery petitioned the court for an…

    • 2318 Words
    • 7 Pages
    Better Essays