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TYPES OF CONTRACT
WHAT IS CONTRACT?
▪ When two or more persons have a common intention communicated to each other to
create some obligation between them, there is said to be an agreement.
▪ An agreement which is enforceable by law is a “Contract”.
▪ According to section 10 of the Indian Contract Act,1872 only those agreements are
enforceable by law which are made by the free consent of parties competent to
contract, for a lawful consideration and with a law object and are not expressly
declared to be void.
▪ This is subject to any special law according to which contract should be in writing
and attested by witness.
TYPES OF CONTRACT
▪ There are four main types of construction contract, identified according to the
mechanism for calculating the sum due to be paid by the employer:
1. Lump-Sum or Fixed Price Contract
2. Cost Plus Contract
3. Time and Materials Contracts
4. Unit Price Contract
▪ The different types vary primarily with regard to who takes the risks involved, which
party has to pay for the cost over runs, and which party can keep the savings if the
project costs are less than the estimated costs.
LUMP-SUM CONTRACT
▪ This is a single fixed contract.
▪ This contract is normally used I the
construction industry to reduce design
and contract administration costs.
▪ It is called as lump sum because the
contractor is required to submit a total
and global price instead of bidding on
individual items.
▪ A lump sum contract is the most
recognized agreement form on simple
and small projects and projects with a
well-defined scope or construction
projects where the risk of different site
conditions is minimal.
▪ In this contract, contractor agrees to
perform specified job for fixed sum.
▪ The owner provides the contractor
exact specification of the work.
▪ In this contract, both the parties try to
fix the conditions of the world as
precisely as possible.
▪ This type of contract usually is
developed by estimating labor costs,
material costs, and adding a specific
amount that will cover the contract’s
overhead and profit margin.
ADVANTAGE
▪ Fixed construction cost.
▪ Contractor gets free hand to execute
the work.
▪ Accepted widely as a contracting
method.
▪ Bidding analysis and selection process
is relatively easy.
▪ The contractor will maximize its
production and performance.
DISADVANTAGE
▪ It presents the highest risk to the contractor.
▪ Changes are difficult to quantify.
▪ In the case of unforeseen hazard during the
construction, contractor may be put in adverse
situation.
▪ The construction process could take longer
than other contracting alternatives.
▪ The project needs to be designed completely
before the commencement of activities.
UNIT PRICE CONTRACT
▪ Also called a Schedule Contract.
▪ In this contract, the contractor undertakes the execution of work on an item rate basis.
▪ The amount received by the contractor depends upon the quantities of various items of
work actually executed.
▪ The payment to the contractor is made on the basis of detailed measurements of
different items of work actually done by him.
▪ The item rate contract is most commonly used for all types of engineering works
financed by public or government bodies.
ADVANTAGE
▪ There is no need for detailed drawing at
the time of allotting contract.
▪ The detailed drawing can be prepared after
the contract is awarded.
▪ Changes in drawing and quantities of
individual items can be made as per
requirement within agreed limits.
▪ The payment to the contractor is made on
the actual work done by his at the agreed
rates.
DISADVANTAGE
▪ The total cost of work can only be
known upon completion.
▪ Additional staff is required to take
detailed measurements of work done for
releasing payments to the contractor.
▪ The scope for additional saving with the
use of interior quality materials may
prompt to contactor to use such
materials in the work.
▪ Other types of contract and descriptions of contractual purpose include:
a) Commercial contract
b) Domestic building contract
c) Percentage rate contract
d) Lump sum and scheduled contract
e) Cost plus fixed fee contract
f) Cost plus percentage of cost contract
g) Subcontract agreement
h) Special contracts
Commercial contracts
▪ A commercial contract is an agreement containing all the work that should be performed for the
construction of a commercial building or non-residential building. A skillfully constructed
commercial contract can protect both parties' interests, minimize risks, and increase profitability
for the contractor.
Domestic construction contracts
▪ A domestic building contract is an agreement containing all the work that should be performed
for the construction of a commercial or residential building existing or occurring inside a
particular country; not foreign or international.
Percentage rate contract
▪ When the lowest rate and comparative position among the contractors are already specified prior
to the opening of the tender, then the percentage rate contract is used. Percentage contract is a
type of contract where there is no possibility of unbalanced tender.
LUMP-SUM AND SCHEDULE CONTRACT
▪ This is similar to the lump-sum contract expect the schedule of rates is also included in
the contract agreement.
▪ In this type of contract, the contractor offers to do a particular work at a fixed sum
within a specified time a per plans and detailed specifications.
▪ The schedule of rates for various items is provided which regulates the extra amount to
be paid or deducted for any additions or deletions made during the progress of work.
▪ Under a lump sum contract, a “fixed price” for the work to be done is agreed upon by
the client and contractor before the work begins.
▪ This contract can also be applied to both home building and commercial contracts.
▪ It can be more of a risk to the contractor as there are fewer mechanisms to allow them
to vary their price.
ADVANTAGE
▪ Additional staff for recording detailed
measurements of original item of work is
not required for making to the contractor.
▪ The owner can know from tenders as to
what the project will cost him.
▪ Knowing the financial implication, the
owner can decide to start or defer the
project.
DISADVANTAGE
▪ Before the contract is awarded the project has
to be studied thoroughly and all the contract
documents are required to be completed in
every respect.
▪ The non-scheduled extra items arising out of
changes made in the drawings and the
specifications are often a source of dispute
because the contract presses for higher than
the prevailing market rates.
COST PLUS FIXED FEE CONTRACT
▪ In cost plus fixed fee contract, the owner pays the contractor an agreed amount over
and above the documented cost of work.
▪ The amount of fee is determined as a plump from a consideration of the scope of work,
its approximate cost, nature of work, estimated time of construction, manpower and
equipment requirement, etc.
▪ This type of construction contract is an alternative to lump sum agreements. It allows
flexibility and transparency for the homeowner, and reduces the risk for a contractor
since a Cost Plus construction contract guarantees them a profit.
▪ The difference between this type of contract which is a cost-based contract with lump-
sum contract is that in guaranteed maximum price (GMP), if there is any savings
resulted from cost under runs, then that would be stipulated price contract, and the
contractors will keep the savings obtained from the cost under runs for themselves and
there is no obligation for them to give them back to the owners. Nevertheless, this
saving can be shared by both the contractor and the owner.
ADVANTAGE
▪ Actual cost is to be paid by the owner.
Therefore, the contractor performs the work
in the best interest of the owner resulting in
good quality work.
▪ The work can be taken in hand even before
the detailed drawings and specifications are
finalised.
▪ Changes in design and method of
construction if needed can be easily carried
out without disputes.
▪ The work can be executed speedily.
DISADVANTAGE
▪ This from of contract cannot be adopted
normally in case of public bodies and the
Government departments.
▪ In this type of contract, the owner has more
authorities in monitoring, inspecting and
auditing the project periodically before
ultimate payment.
▪ Therefore, the risk will be transferred from
owner to contractor and this would be an
attraction for the customer.
COST PLUS PERCENTAGE OF COST CONTRACT
▪ In this type of contract, instead of awarding the work on lump-sum item rate basis, it is
given on certain percentage over the actual cost of construction.
▪ In this type of contract, contractor is paid the actual cost of work plus certain
percentage as profit. Various contract documents, drawing, specifications are not
necessary at the time of signing the agreement.
▪ The contractor has to keep all records for cost of material and labour and contractor
will be paid accordingly to engineer in charge.
▪ This type of contract is suitable for emergency work like difficulties in foundation
conditions, construction of expensive structure, etc.
Subcontract agreement
▪ A subcontractor agreement is a contract primarily between a builder or a principal
contractor and subcontractor. It outlines the perimeters of specialist work to be done
for the construction project.
Special contracts
▪ They are further classified into:-
i. Turn key contract
ii. Negotiated contract
iii. Package contract
iv. Continuing contract
v. Running contract
Turn-key Contract
▪ A turn-key contract is an integrated contract
in which all works pertaining to various
disciplines such as civil, electrical,
mechanical, etc. are in the hands of a single
contractor called the main contractor.
Package Contract
▪ In the package contract, two or more related
jobs, each of which could form a separate
contract are combined in a single contract.
▪ In the field of civil engineering, generally
design and development are combined with
construction and supply or maintenance.
Negotiated Contract
▪ In this type of contract, negotiation across
the table takes place between representatives
of the owner and the main contractor for
project cost and other conditions of the
contract.
▪ In this type of contract, detailed projects
specifications are arrived at the discussion
between the owner and the main contractor
and consultant.
Continuing Contract
▪ In this type of contract, new or additional work is awarded to the contractor on the basis of
agreed terms and conditions of an existing contract.
▪ Such contracts do not require re-tendering and hence can save time and money.
Running Contract
▪ Such contracts provide goods and services at specified intervals or as when required by the
owner.
▪ The contract price is not fixed and payment is based on goods supplied and service rendered
as specified in the contract documents.
THANK YOU

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Types of contract

  • 2. WHAT IS CONTRACT? ▪ When two or more persons have a common intention communicated to each other to create some obligation between them, there is said to be an agreement. ▪ An agreement which is enforceable by law is a “Contract”. ▪ According to section 10 of the Indian Contract Act,1872 only those agreements are enforceable by law which are made by the free consent of parties competent to contract, for a lawful consideration and with a law object and are not expressly declared to be void. ▪ This is subject to any special law according to which contract should be in writing and attested by witness.
  • 3. TYPES OF CONTRACT ▪ There are four main types of construction contract, identified according to the mechanism for calculating the sum due to be paid by the employer: 1. Lump-Sum or Fixed Price Contract 2. Cost Plus Contract 3. Time and Materials Contracts 4. Unit Price Contract ▪ The different types vary primarily with regard to who takes the risks involved, which party has to pay for the cost over runs, and which party can keep the savings if the project costs are less than the estimated costs.
  • 4. LUMP-SUM CONTRACT ▪ This is a single fixed contract. ▪ This contract is normally used I the construction industry to reduce design and contract administration costs. ▪ It is called as lump sum because the contractor is required to submit a total and global price instead of bidding on individual items. ▪ A lump sum contract is the most recognized agreement form on simple and small projects and projects with a well-defined scope or construction projects where the risk of different site conditions is minimal. ▪ In this contract, contractor agrees to perform specified job for fixed sum. ▪ The owner provides the contractor exact specification of the work. ▪ In this contract, both the parties try to fix the conditions of the world as precisely as possible. ▪ This type of contract usually is developed by estimating labor costs, material costs, and adding a specific amount that will cover the contract’s overhead and profit margin.
  • 5. ADVANTAGE ▪ Fixed construction cost. ▪ Contractor gets free hand to execute the work. ▪ Accepted widely as a contracting method. ▪ Bidding analysis and selection process is relatively easy. ▪ The contractor will maximize its production and performance. DISADVANTAGE ▪ It presents the highest risk to the contractor. ▪ Changes are difficult to quantify. ▪ In the case of unforeseen hazard during the construction, contractor may be put in adverse situation. ▪ The construction process could take longer than other contracting alternatives. ▪ The project needs to be designed completely before the commencement of activities.
  • 6. UNIT PRICE CONTRACT ▪ Also called a Schedule Contract. ▪ In this contract, the contractor undertakes the execution of work on an item rate basis. ▪ The amount received by the contractor depends upon the quantities of various items of work actually executed. ▪ The payment to the contractor is made on the basis of detailed measurements of different items of work actually done by him. ▪ The item rate contract is most commonly used for all types of engineering works financed by public or government bodies.
  • 7. ADVANTAGE ▪ There is no need for detailed drawing at the time of allotting contract. ▪ The detailed drawing can be prepared after the contract is awarded. ▪ Changes in drawing and quantities of individual items can be made as per requirement within agreed limits. ▪ The payment to the contractor is made on the actual work done by his at the agreed rates. DISADVANTAGE ▪ The total cost of work can only be known upon completion. ▪ Additional staff is required to take detailed measurements of work done for releasing payments to the contractor. ▪ The scope for additional saving with the use of interior quality materials may prompt to contactor to use such materials in the work.
  • 8. ▪ Other types of contract and descriptions of contractual purpose include: a) Commercial contract b) Domestic building contract c) Percentage rate contract d) Lump sum and scheduled contract e) Cost plus fixed fee contract f) Cost plus percentage of cost contract g) Subcontract agreement h) Special contracts
  • 9. Commercial contracts ▪ A commercial contract is an agreement containing all the work that should be performed for the construction of a commercial building or non-residential building. A skillfully constructed commercial contract can protect both parties' interests, minimize risks, and increase profitability for the contractor. Domestic construction contracts ▪ A domestic building contract is an agreement containing all the work that should be performed for the construction of a commercial or residential building existing or occurring inside a particular country; not foreign or international. Percentage rate contract ▪ When the lowest rate and comparative position among the contractors are already specified prior to the opening of the tender, then the percentage rate contract is used. Percentage contract is a type of contract where there is no possibility of unbalanced tender.
  • 10. LUMP-SUM AND SCHEDULE CONTRACT ▪ This is similar to the lump-sum contract expect the schedule of rates is also included in the contract agreement. ▪ In this type of contract, the contractor offers to do a particular work at a fixed sum within a specified time a per plans and detailed specifications. ▪ The schedule of rates for various items is provided which regulates the extra amount to be paid or deducted for any additions or deletions made during the progress of work. ▪ Under a lump sum contract, a “fixed price” for the work to be done is agreed upon by the client and contractor before the work begins. ▪ This contract can also be applied to both home building and commercial contracts. ▪ It can be more of a risk to the contractor as there are fewer mechanisms to allow them to vary their price.
  • 11. ADVANTAGE ▪ Additional staff for recording detailed measurements of original item of work is not required for making to the contractor. ▪ The owner can know from tenders as to what the project will cost him. ▪ Knowing the financial implication, the owner can decide to start or defer the project. DISADVANTAGE ▪ Before the contract is awarded the project has to be studied thoroughly and all the contract documents are required to be completed in every respect. ▪ The non-scheduled extra items arising out of changes made in the drawings and the specifications are often a source of dispute because the contract presses for higher than the prevailing market rates.
  • 12. COST PLUS FIXED FEE CONTRACT ▪ In cost plus fixed fee contract, the owner pays the contractor an agreed amount over and above the documented cost of work. ▪ The amount of fee is determined as a plump from a consideration of the scope of work, its approximate cost, nature of work, estimated time of construction, manpower and equipment requirement, etc. ▪ This type of construction contract is an alternative to lump sum agreements. It allows flexibility and transparency for the homeowner, and reduces the risk for a contractor since a Cost Plus construction contract guarantees them a profit. ▪ The difference between this type of contract which is a cost-based contract with lump- sum contract is that in guaranteed maximum price (GMP), if there is any savings resulted from cost under runs, then that would be stipulated price contract, and the contractors will keep the savings obtained from the cost under runs for themselves and there is no obligation for them to give them back to the owners. Nevertheless, this saving can be shared by both the contractor and the owner.
  • 13. ADVANTAGE ▪ Actual cost is to be paid by the owner. Therefore, the contractor performs the work in the best interest of the owner resulting in good quality work. ▪ The work can be taken in hand even before the detailed drawings and specifications are finalised. ▪ Changes in design and method of construction if needed can be easily carried out without disputes. ▪ The work can be executed speedily. DISADVANTAGE ▪ This from of contract cannot be adopted normally in case of public bodies and the Government departments. ▪ In this type of contract, the owner has more authorities in monitoring, inspecting and auditing the project periodically before ultimate payment. ▪ Therefore, the risk will be transferred from owner to contractor and this would be an attraction for the customer.
  • 14. COST PLUS PERCENTAGE OF COST CONTRACT ▪ In this type of contract, instead of awarding the work on lump-sum item rate basis, it is given on certain percentage over the actual cost of construction. ▪ In this type of contract, contractor is paid the actual cost of work plus certain percentage as profit. Various contract documents, drawing, specifications are not necessary at the time of signing the agreement. ▪ The contractor has to keep all records for cost of material and labour and contractor will be paid accordingly to engineer in charge. ▪ This type of contract is suitable for emergency work like difficulties in foundation conditions, construction of expensive structure, etc.
  • 15. Subcontract agreement ▪ A subcontractor agreement is a contract primarily between a builder or a principal contractor and subcontractor. It outlines the perimeters of specialist work to be done for the construction project. Special contracts ▪ They are further classified into:- i. Turn key contract ii. Negotiated contract iii. Package contract iv. Continuing contract v. Running contract
  • 16. Turn-key Contract ▪ A turn-key contract is an integrated contract in which all works pertaining to various disciplines such as civil, electrical, mechanical, etc. are in the hands of a single contractor called the main contractor. Package Contract ▪ In the package contract, two or more related jobs, each of which could form a separate contract are combined in a single contract. ▪ In the field of civil engineering, generally design and development are combined with construction and supply or maintenance. Negotiated Contract ▪ In this type of contract, negotiation across the table takes place between representatives of the owner and the main contractor for project cost and other conditions of the contract. ▪ In this type of contract, detailed projects specifications are arrived at the discussion between the owner and the main contractor and consultant.
  • 17. Continuing Contract ▪ In this type of contract, new or additional work is awarded to the contractor on the basis of agreed terms and conditions of an existing contract. ▪ Such contracts do not require re-tendering and hence can save time and money. Running Contract ▪ Such contracts provide goods and services at specified intervals or as when required by the owner. ▪ The contract price is not fixed and payment is based on goods supplied and service rendered as specified in the contract documents.
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