Professional Documents
Culture Documents
Chapter Two
TYPES OF CONTRACT
2.1
INTRODUCTION
The client will usually take advice as to what type of contract should be adopted for each
project, although Bill of Quantities contract is probably the most frequently used in Civil
Engineering. Construction contracts can be categorised under two major heading:
2.2
(i)
(ii)
Type of organisations.
Contracts under types of payment systems are either priced based or cost based.
(i)
Priced based
In priced based payment systems, prices being submitted by the
contractor in his bid. It is also known as Fixed Price Contract, which
include:
(a)
(b)
(ii)
Cost based
In cost based systems, the contracts are Cost Reimbursement Contract;
which mean the actual cost incurred by the contractor is reimbursed
together with a fee to overcome overheads and profit. This will include the
cost of material, labour, supervision, equipment, plant and other items
having residual value. He is also paid a fee for his services in the
management of the work and as profit. However, it is essential that the
services expected from the executor and the method of evaluating the
cost must be clearly defined in the contract. Cost Reimbursement
Contract comprises of:
(a)
(b)
(c)
(d)
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2.2.1
LS Contract
In LS contract, the contract price is a fixed sum quoted by the contractor for the entire
works as specified in the contract documents. The nature and extent of the work are
normally indicated on drawings and the nature of the materials and workmanship
described in specification.
No individual rates are quoted for each item of work. Detailed or approximate quantities
may not be issued with the form of tender. In most cases there is no provision to vary the
contract price even if the actual work executed differs in quantities from those on which
the tender was based. However there may be provision if the specified work is varied.
Merit:
(i)
Suitable where later changes are not expected, and when a simple and
quick form of payment is preferred.
(ii)
(iii)
Demerit:
(i)
If there are any changes in the plans and/or drawings, the value of the
change should be negotiated with the contractor. This may cause delay
and sometimes disputes.
(ii)
The owner pays a fixed sum for the works, regardless of their actual cost.
This constitutes an undesirable practice from the contractors point of
view.
(iii)
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2.2.2
BQ Contract
BQ contract is the most usual type of fixed price contract. A bill of quantities is prepared,
giving as accurate as possible, the quantities of each item of work to be executed. The
contractor only need to quotes a unit rate or price for each item of work The Contract
Price is the sum total of prices of each item of work mentioned in the BQ. Payments are
generally made on the basis of the actual measured quantity of work executed for each
item in the BQ and the rate quoted. Usually there is a provision for valuation on a daywork basis or otherwise, in cases where the quoted rates are not applicable. BQ contract
greatly assist in keeping tenders figures as low as possible. They should be prepared,
whenever possible, on all engineering projects.
Merit:
(i)
(ii)
Changes in the contract sum are possible. If the employer has difficulty to
manage his cash flow, he may decide to carry on with the work but with
some changes. Items in the BQ may be essentials, non-essentials or
luxurious. The employer can identify particular items on which he wishes
to reduce the cost, and instruct through the correct procedure to change
the item to be done at lower cost.
(iii)
Demerit:
(i)
(ii)
(iii)
(iv)
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2.2.3
(ii)
The tenderer is issued with documents having the schedule of items with
unit rates, prepared for a particular contract, where he may agree or quote
a percentage above or below the given unit rates, for which he is
prepared to carry out the work.
For either type of schedule, it may state the approximate quantities to be executed for
each item of work. Provision for valuation on a day-work basis or other wise is usually
made in the form of contract, in cases where the quoted rates are not applicable. The
contract price is thus determined by summing up the amounts obtained by multiplying
the respective quoted rates and actual quantity of each item of work to be executed. This
type of contract is suitable for use in maintenance, jobbing, and similar contracts. It is
usually chosen for urgent works.
Merit:
(i)
(ii)
Demerit:
(i)
(ii)
The quotations for the unit rates tend to be high because the advantage of
discounts on bulk buying by the executers of works cannot be considered
at the tender stage, since the volume of work is not certain.
In the case of the rehabilitation or reinstatements works the executor of
the work cannot exactly estimate the type and quantum of the different
items of work to be replaced or repaired.
(iii)
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2.2.4
BQ Contract
All of the work scheduled will be
carried out.
Lesser items are scheduled for
temporary works.
which
have
certain
level
of
carried out.
2.2.5
specified.
Take longer
specified.
Take lesser
document.
2.2.6
time
to
prepare
tender
time
to
prepare
tender
document.
The contractor, in this form of contract, charges an agreed fee in terms of a percentage
of the cost of the actual work executed. The percentage varies from 5% to 20%.
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Merit:
(i)
(ii)
(iii)
(iv)
Demerit:
(i)
(ii)
2.2.7
The sum paid to the contractor will be the actual cost incurred in the execution of works,
plus a fixed fee, which has been previously agreed upon and does not fluctuate with the
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final cost of the job. The fix fee may have been negotiated on a percentage basis on an
anticipated cost of work that had been to be executed.
Merit:
(i)
The contractor is not inclined to push up the cost of work, as his profit
from his undertaken job is already fixed.
(ii)
Demerit:
(i)
The contractor may try to reduce the cost of supervision, expedite with the
work, neglecting the correct construction process to maximise profit.
2.2.8
It is also known as cost plus a sliding scale of fee contract, since the fee paid to the
contractor is based upon some form of a sliding scale. It is designed in such a way that the
contractor may have a definite financial incentive to affect the economy in the cost of
work. Economy is gauged by comparison with some predetermined, mutually agreed
estimate of the cost of the work to be undertaken. As the cost of the project increases the
percentage becomes lesser. Generally the following sliding scale fee is practised in
Malaysia
Project Cost
Below RM2 million
RM2 million RM12 million
Above RM12 million
2.2.9
% of fee
30
10-20
12-15
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agreed percentage, of the saving or access between the actual cost and the agreed
target estimate.
Target cost contract
Agreed target estimate
Actual cost
Saving
Excess
Sharing ratio 50:50
Payable to the contractor
Example 1
5,000,000.00
4,500,000.00
500,000.00
250,000.00
4,750,000.00
Example 2
5,000,000.00
5,500.000.00
500,000.00
250,000.00
5,250,000.00
Merit:
(i)
(ii)
The fluctuation of cost is shared between the owner and the contractor in
a pre-determined ratio.
(iii)
Demerit:
(i)
(ii)
The contractor may try to reduce the cost of supervision, expedite with the
work, neglecting the correct construction process so that the profit
maximization can be effected.
2.3
TYPE OF ORGANISATIONS
The type of contract due to a particular project organisational method may be one of the
following:
(i)
Turnkey Contract
(ii)
Management Contracting
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2.3.1
Turnkey Contract
The owner of a Turnkey Contract will normally issue a brief based on a performance
specification together with outline drawings indicating a preferred layout. The contractor
is fully responsible for the design, specification, construction and sometimes
maintenance of the project. It is normally use for a giant project.
Merit:
(i)
(ii)
The employer can make fully use of the professional services from the
contractor in any disciplines.
(iii)
Single source responsibilities from contractor relieve the owner from the
design responsibilities.
(iv)
The contractor may apply a fast track approach with design and
construction overlapping.
Demerit:
(i)
The cost of the project will be expensive since the contractor will highly
charged for their professional services and managements.
2.3.2
(ii)
(iii)
Management Contracting
Under these method the contractor offers the owner a consultant service based on a fee
for co-ordinating, planning the construction, managing and executing the project. It
ensures that the contractor (or construction management consultant) is part of the owner
team, ensuring that maximum construction experience is fed into the design. In
management contract, the permanent work are constructed under a series of
management
construction contract (also Owner
known project
as trades
contracts or works contracts) placed by the
management contractor after approval by the client/owner.
Design
organisation
Management
contractor
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Construction
contractors
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Merit:
(i)
(ii)
It allows more flexibility particularly where the programme and design are
ill-defined and subject to change.
(iii)
(iv)
Demerit:
(i)
(ii)
(iii)
The potential for interface grey areas between works contractors is high.
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