Contract Conditions

Irfan,

First thing to sort out is:

Are the tender Addendums part of the contract?

Hi Andrew,

They are.

For the Priority on the part of document, Contract Agreement is the Top priority, followed by Letter of Acceptence and Tender. But Tender Addendeums are mentioned only in the Contract Agreement, but it is after BOQ. Since both are a part of Contract Agreement, does the priority of document becomes a part in the contract agreement too. Actually this matter is worth big money to me in one situation and i wanna know the part i can play.

Actually speaking from the consultant side is,(its a guess)the tender addendums is a part of the tender specs and since BOQ is finalised after all the tender addendums are issued with respect to pre tender meetings and queries, any thing in the BOQ which is in contradiction with the addendums in the problem of the main contractor.

I know the answer would be yes for the Consultant reasoning but my point to the situation is any comments written in the BOQ or exclude from the BOQ by the main contractor is a part of condition for being accepted as the Main Contractor. Is it advisable to speak in this terms? Its gonna be a double edged sword.

Regards

Irfan,

Is there anywhere in the conditions of contract, articles or similar, a clause stating anything about the priority of contract documents or even something along the lines that all documents are mutually explanatory - or similar.

Irfan,

Check the Letter of Intent. The priority of the entire documents during and after tender is listed in hierarchy. This should tell you which document supercedes the other.

This is usually only with the BIG BOSS!!

Secondly, check out all the "qualifications" that have been accepted. (This is usually done during the tender negotiation stage.)

Cheers

Vishwas

Followings things needs to be checked to verify the position of Addendums:

a) Letter of Intent

b) All addendums/clarifications/ qualifications issued and agreed/accepted

c) Clause relating to priority of Contract Documents


Vishwas, after Award of Contract, Big Boss usually hand over a set of these documents to Planning as well as Contract Section

Based on my experience the order of priority will be the following:

1) Agreement
2) Techno-Commercial Minutes of Meeting (prior to award)
3) Bid clarifications
4) Invitation to Bid Document/Project Specifications
5) Contractor’s proposal

Should any conflict or conflicts exist between or among the provisions of any of the above documents, the order of priority shall govern the provision.