How is an engineering contract written?

How is an engineering contract written?
The first thing we need to know is what is a contract?
The contract is a document between the two parties to the contract to implement a specific engineering project in which the rights and obligations of each party towards the other are clarified
Tani need the contents of the contract?
1. Agreement (contract form)
In this document, the agreement between the two parties to the contract is embodied and signed by the contracting party (the owner), the contractor or the general contractor and the subcontractor. It may also include some witnesses. It usually mentions the name of the project, its financial value, the names of the parties to the agreement and their representatives.
2. General terms and special conditions
The general conditions for any project include:
• General definition of the project (owner, contractor, designer, ..)
Contract components
• Rights and responsibilities of the parties to the contract
The total time to implement the project
The method of payment between the two parties to the contract
• Insurances and fines for delay
special conditions
Usually it is either an amendment or addition to the general conditions to suit the nature of the project to be implemented
Objectives of the special conditions
• Giving one of the contracting parties the flexibility to make some amendments to the project terms without affecting the price increase
• Changing the terms of the insurances stipulated in the general conditions, as well as setting the conditions for the delay penalty and how to bear the risks
• Determining the responsibility of the first party in providing a number of materials for equipment and tools, or performing some consultancy work that complements the project, such as surveying works, soil tests or building materials, or providing the project with public services (electricity, water).
• Setting special specifications, such as replacing construction materials mentioned in the general conditions with others of different specifications and quality
• Setting requirements for the contractor not to be preoccupied with other construction work while the project is being implemented so as not to hamper the progress of the contracted project
3. Specifications
It is a set of conditions that mainly include agreed technical terms in order to ensure the quality of the various works within the project, and usually stipulates the quality and specifications of the materials to be used, as well as the quality of the equipment to be used and its technical specifications.
4. Bill of Quantity Items (Business Metrics)
They are tables that list all construction work items such as (excavation, backfilling, concrete works, building works, insulating layer works, plumbing works, tile and flooring works, painting works..etc) and their quantities, including units of measurement, price category for each unit and total prices.
The importance of calculating the quantities of any construction project is summarized in the following:
• Determining the total time of the project as well as calculating the work productivity for each activity
• Setting the expected cost for it, on the basis of which the contractor is selected to implement the project
• It is possible to make a total budget for the project from its beginning to its end
• Based on the expected cost of the project in the previous item, the value of the modifications – if necessary – is determined during the implementation phase
5. Project engineering drawings
The drawings attached to the contract documents show the project outlines without details – according to the contracting method – provided that the contractor then sets detailed drawings for each type of work showing how to implement the construction, mechanical and electrical works, and then the drawings are approved by the supervisory authority (the supervising authority). on the project) before starting implementation.
6. Project implementation schedule
Most construction contracts include conditions on the actual time of project implementation in accordance with the contract agreed upon and approved by the owner, from the date of issuing the written order to the contractor and handing over the site, including any additions or modifications issued to him in writing. Therefore, the contractor is not responsible for any delay that proves to the owner that Its cause could not have been foreseen at the time of studying the bid and was beyond his control. Therefore, the owner may grant the contractor an appropriate extension in the period of execution of the works by the amount of excess work, or due to emergency circumstances that may occur to the project. If the delay is due to other reasons, the contractor must bear the costs of supervision during the delay period, in addition to the delay fine stipulated in the contract.
7. Letters of guarantee or any other appendices
It is usually done based on a document signed by both parties (guarantee document) and includes a guarantee period of time from the date of the initial receipt of the project, and it usually includes projects that contain mechanical and electrical equipment and in some construction projects as well. It must be noted that the objectives of these guarantees may be unclear (one project can contain several guarantees and each guarantee has its purpose and effects), and thus the contractor may bear other consequences in terms of changing some items that were previously implemented in the project and which are not originally binding on him from The reality of the signed contract. It can be said that the large construction projects that are being implemented contain a maintenance phase in order to ensure that all the terms of the project comply with the conditions and specifications mentioned in the contract and work well. In addition, the letter of guarantee includes the contractor carrying out maintenance work for the project for a period of time after the project is delivered, usually a full year to ensure the efficiency of the project without additional costs incurred by the owner

Source:
https://www.civilengineering.me/2015/07/blog-post_93.html
Dr. Imad El-Beltagy’s book