'

2. Reduction of Penalty for delay: If before the completion of the whole of the
works any part of the works has been certified by the Engineer as completed
pursuant to Clause 49, and occupied or used by the Employer the penalty
for delay shall for any period of delay after such certification be reduced in
the proportion which the value of that part so_ ertified bears to the value of
the whole of the works.

Clause 49- Certificate of Completion of the works:

As soon as in the opinion of the engineer the works shall have been
substantially completed (i.e completed to the rate that it becomes beneficial for
the purpose which it was constructed for), and shall have satisfactory passed
any final test that may be prescribed by the contract, the Engineer shall on
receiving a written under taking by the contractor to finish any outstanding work
during the period of maintenance and in the manner decided by the engineer
issue a certificate of completion in respect of the works shall commence from
the date of such certificate.

Clause SO -Maintenance:

In these conditions the expression period on Maintenance shall mean the

period of the following twelve months calculated from the date of completion of
the works certified by the Engineer in accordance with Clause 49.

Clause 52- Variations:-

1. The engineer shall make any variation of the form quality or quantity of
the works or any part that may in his opinion be necessary or desirable
and for that purpose shall have power to order the contractor to do and
contractor shall do any of the following:

(a). Increase or decrease the quantity of any work included in the contract.

(b). Omit any such work.

(c). Change the character or quality or kind of any such work.

(d). Change the level lines position & dimensions of any part of the works.

(e).Execute addition wok of any kind necessary for the completion of the
works and no such variation shall in any way vitiate or invalidate the
contract but the value of all such variations shall be taken into account in
ascertaining the amount of the contract price and its completion time.

2. Orders for variations to be in writing.

3. Day works: The engineer may if in his opinion it is necessary that any
additional or substituted work shall be executed on a day work basis.
The

6
-. -· ..

contractor shall then be paid for such work under the conditions set out
in the day work schedule included in the bill of quantities and at the
rates
&prices affixed by him in his Tender.

Home Work: Submit a report on General Conditions of Contracts -

Focusing on Part 1&11 Clauses which not covered by lectures & stating the
source of
these information whether based on Iraqi GCC or FIDIC,(using www.FIDIC) b'j I S"" I S" [
Z.o\

Clause 62. Conditions of Payments:

1. Payments on Executed Works:

The contractor entitled to submit for monthly payments against the works
executed in accordance with the specification and drawings and passed in
laboratory tests and accepted. 10% of the amount will be deducted as retention
till reaches a sum of 5% of total contract amount, and will be released after the
final acceptance of the project (after maintenance period).
2. Payments on Materials &Equipment:
The contractor entitled to be paid for the materials and equipment and
machineries required for execution of the works and are available on the
proj ect site and passed the tests and accepted at a percentage of 75% of their
costs in the contract.

Cause 65. 1: Forfeiture (or withdrawing) the Contract:

The employer may after giving 14 days notice in writing to the contractor enter upon
the site and the works and expel the contractor there from in any of the following
cases without reference to court:-

1. If the contractor shall become bankrupt.

2. If he shall present his petition in bankruptcy.
3. If a decision issued by a competent court setting the contractor's properties
under the administration of a syndic.
4. If the contractor shall make an arrangement with or assignment in favor of
his creditors against bankruptcy.
5. If the contractor shall agree to carry out the contract under a committee of
inspection of his creditors .
6. If the contractor being a corporation shall go into liquidation other than a
voluntary liquidation for the purpose of amalgamation or reconstruction.
7. If the contractor shall assign the contract without the consent in writing of the
employer first obtained.
8. If a seizure on the contractor's properties shall be ordered by a competent
court in such a manner to lead to contractor's failure in performing his
obligations.
9. If the Engineer shall certify in writing to the employer that in his opinion the
contractor:-
a- Has abandoned the contract or refused to sign its agreement.

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 '

b- Without reasonable excuse has failed to commence the works or has

suspended the progress of the works for 30 days after receiving from the
engineer written notice to proceed.
c- Has failed to remove materials from the site or to pull down and replace work
for 30 days after receiving from the engine.er written notice that the said
materials or work had been condemned and.rejected due to imperfection under
the provisions of the contr.a,..c, t .
d- Is not executing the works I accordance with contract or is intentionally negligent
and careless n carrying out his obligations under the contract.
e- Has to the detriment of good workmanship or in defiance of the
engineer's instructions to the contrary sub - let any part of the
contract.

Clause 67- contract termination:

The conditions of contract shall stipulate that failure on the part of the parties to
perform their obligations under the contract will not be considered a default if such
failure is the result of an event of force majeure such as:-

1. In event of war outbreaks .

2. In event of impossibility of execution of work and for the reasons out of
controlling both parties.
3. The basis for termination by the contractor based on breach of contract
is usually the failure of the owner to make specified progress payment.
4. Termination by the owner is most common only due to failure of the contractor
to make reasonable progress on the project.

Clause 69- settlement of Disputes - Arbitration:

If any dispute or difference of any kind what so ever shall arise between the employer
and the contractor in connection with the carrying out of the works, it shall in the first
place be referred to and settled b the engineer who shall give notice of his decision to
the employer and the contractor such decision in respect of every matter so referred
shall be final and binding upon the employer and the contractor until the completion of
the works.

If the employer or the contractor be dissatisfied then with any such decision may
within 30 days after receiving notice of such decision require that the matter be
referred to a committee of Arbitration to be formed in the following manner:

1. The Employer and the contractor shall each appoint one member to the
committee and the two members thus appointed shall agree upon a
third member to act as a chairman of the committee.

-
18
 '
..

2. If agreement on the appointment of a chairman cannot be reached within 14

days from the last date of their appointment, then the employer & contractor
shall each have the right to ask a competent court to appoint the third member.
3. The committee of Arbitration shall have full power to open up review ad revise
any decision opinion direction certificate O'. valuation of the engineer and
shall be binding unless one of the parties postulate its avoidance.

Claims and Disputes

Claim: A claim is a request by the contractor for a time extension or for additional
payment based on the occurrence of an event beyond the contractor's control that has
not been covered by a change order.

Examples of such events include unexpected site conditions, delays in delivery of

owner provided property, and changes directed by the owner.

The usual construction contract empowers the owner's representative (architect I

engineer or governmental contracting officer) to decide on the validity of such claims.
However, if the contractor is not satisfied with the decision, the matter becomes a
dispute.

Disputes: Are disagreements between the contractor and owner over some aspect of
contract performance.

In addition to unsettled claims, dispute may involve such matters as substitution for
specified materials, the responsibility for delays in project completion, and the effect of
changes ordered by the owner.

49
 Part II. Contract agreement
A contract Agreement Form as specified in the Part II of the General Conditions:

This Contract made this day...........of the month........of the year ............
Between Mr. ..........................on behalf of t Government of Iraq hereinafter called the "Employer" of the on
Agreement is reached between the "Employer" and the "Contractor " that the contractor shall undertake t
On the other part the Employer agrees to pay the amounts due to the "Contractor" according to the princo
Instructions to Tenderers
Tender Form
Contract Agreement
General Conditions-Part 1&11
Drawings
Specifications
Bill of Quantities and Prices
Notification letter
In compliance therewith this Contract is signed by the above mentioned two Contracting parties.
Contractor:Employer:
Name:..................... .Name:...............................
Address: ................... .Address: .............................

Drawings and specifications

Drawing are include Plans, sections and elevations which form a work draw ings

• Construction drawings are that show the location, dimensions, and details of
the work to be performed.
• Taken together with the specifications, they should provide a complete
description of the facility to be constructed.
• Types of contract drawings include site drawings and detailed working
drawings (sections, elevations, details ......).
 • Contract drawings are usually organized and numbered according to
specialty, such as: structural, electrical and mechanical.
Shop Drawings Samples:
• Shop drawings are drawings, charts and other data prepared by a contractor or
supplier which describes the detailed charcteristics of equipment or shows how
specific structural elements or items of equipment are to be fabricated and
installed. Thus they complement but do not replace the contract drawings.
• Samples are physical examples of materials, equipment, or workmanship which
are submitted to the owner for approval prior to their incorporation in a project.

Specifications

Purpose of Specifications: It is commonly stated that drawings tell what is to be done

and specifications tell how it is to be done. Specifications supplement the drawings and
help make clear to the contractor what is expected of him.

Much information can be given on drawings, but many of the details of

workmanship and materials to be used cannot be descr ibed graphically.s ......c..\..
s:
• Construction technical specifications provide the detailed requirements for the
materials, equipment, and workman ship to be incorporated into the project.
• Contract drawings and specifications complement each other and must be
used together .
• An item need not be shown on both the plans and specifications to be required
• Frequently, the item may be identified on only one of these documents .
However, when the provisions of the plans and specifications will
govern.
• ""The two basic ways in which the requirements for a particular operation may be
specified are by:
1- A method specification 2- performance specification ( ""'-v \ ......_\ J
1- A method specification states the precise equipment and procedure to be
used in performing a construction operation
2- A performance (or result or end - result ) specification, specifies only the
result to be achieved and leaves to the contractor the choice of equipment
and method.
• Recent years have seen an increase in the use of performance
specifications, particularly by governmental agencies.
. • Specification writers should avoid specifying both method and performance
requirements for the same operation. When both requirements are used and
satisfactory results are not obtained after utilizing the specified method, a
dispute based on impossibility of performance will invariably result.

.,21
 -.

Planning and scheduling:

Planning must be done in order to perform any function with a minimum of wasted time
and effort. A schedule is nothing more than a time-phased plan. Schedules are used as
guides during the performance of an operation in rder to control the pace of activities
\
and to permit completion of the operation at requir d time.

Scheduling is utilized for many different phases of the construction process, from
master planning through facility construction to facility operation and maintenance.
Schedules are useful for number of purposes before starting a project and after
completion of the project as well as during the actual conduct of construction work
and
some of the principle uses for schedules during each of these phases of construction are
as follows:

A.BEFORE STARTING CONSTRUCT/ON:_

1. Provides an estimate of the time required for each portion of the project as well
as for the total project.

2. Establish the planning rate of progress.

3. Forms the basis for managers to issue _instructions to subordinates.

4. Establishes the planned sequence for the use of personnel, materials, machines,
and money.

B. DURING CONSTRUCT/ON:

1. Enables the manager to prepare a checklist of key dates, activities, resources,

and others.

2.' Provides a means for evaluating the effect of changes and delays.

3. Serves as basis for evaluating progress.

4. Aids in the coordination of resources.

C. AFTER COMPLETION OF CONSTRUCTION:

1. Permits a review and analysis of the project as actually carried out.

2. Provides historical data for improving future planning and estimating.

i!-2
 -.
-·

SCHEDULING PRINCIPLES:

There are a number of different forms of schedules that may be used in planning and
controlling the activities of construction project, such as bar chart schedules, network
schedules, and other techniques (i.e. CPM, PERT) . Regardless of the scheduling
methods and techniques are used, the following general principles of scheduling
should be considered:
1. Establish a logical sequence of operations.
2. Do not exceed the capabilities and limitations of the resources that are available.
3. Provide for continuity of operations.
4. Start project controlling (or critical) activities early.
ACCURACY OF SCHEDULING: The accuracy of scheduling depends on the following:

1. The validity of the work quantity and productivity estimates used.

2. The accuracy of an estimate of the time it will take to perform a construction

operation is a function of the kind of work involved and prior experience in doing
that sort of work .

3. The planner must have a thorough understanding of the nature of the work to be
pE;!rformed and the relationships between the various work items making up the
project.

THE BAR CHART SCHEDUL AND ESTIMATING THE PROJECT PROGRESS:

The bar chart schedule is a graphical schedule relating progress of items of work to a
time schedule. The bar chart was developed by Henry L. Gantt, a pioneer in the
application of scientific management methods to industrial production. These charts,
referred to as Gantt charts.

In spite of the advent of network planning methods, the bar chart schedule is still the
most widely used schedule form found in construction work. Its continued popularity in
the face of the significant deficiencies that will be described in the next section.

CALCULATING CUMULATIVE PROJECT PROGRESS:

A simple bar chart schedule for a construction project is shown in following figure. The
major work activities making up the project are listed on the left side of the schedule
with a time scale across the top. The column headed "Hours" indicates the estimated
number of labor-hours required to complete of each activity. The column headed
"weight" indicates the portion of the total project effort accounted for by each activity.
For example "Clearing and stripping" requires 750 labor-hours of work, which
represents 4.7% of the total 15900 labor-hours required for completion the project,
and other details for major items described in the following table:

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 .•
"

No Activity Hour Weight

1. Clearing &Stripping s
750 %
4.7
2. Drainage 150 0.9
3. Sub grade 4200 26.4
4. Sub base course 4000 25.2
5. Paving 6800 42.8
Tot 1590 100%
al 0

"'\""30.,J
Figure 1. Bar chart schedule for y project

Activity Hour W eight l

s % S w
7 C
A
2. Drainage 1 0. CT
S
C
A
3. 42 26 CT
S
Subgared 00 .4 C
A
4. Base 40 25 CT
S
C
A
5. Paving 68 42 CT
S
Total 00
159 .8 CACT
00

Calcul ating Cumul ative Project Progress:

Once the bar chart schedule has been prepared and weighting factors calculated for each
activity, scheduled cumulative progress can be calculated and plotted as shown below:
n
Cumulative progress = 2 (Activity progress)i x(We ight)i
i=l
To calculate the schedule cumulat ive progress at the end of each week as follows:

Progress at the end of the first week: only activity 1involved:

Progress = (0.20 x 4.7)= 0.9%
At the end of second week: Activityl,2,3, are involved:
Progress = (0.70 x 4.7) + (0.60 x 0.9) + (0.15 x 26.4) = 7.8%
Progress at the end of the third week: Activity 1,2,3 are involved:
Progress = (1.0 x 4.7) + (1.0 x0.9) + (0.40 x26.4) = 16.2%
Progress at the end of the fourth week: Activity 1,2,3,4 are involved:
Progress = (1.0 x 4.7) + (1.0 x0.9) + (0.65 x26.4) +(O.lx 25.2) = 25.3%

4
-

--
' ·
-·
-. .-.··.·
;::· " : .
'.: ..= -·.- • •

Progress at the end of the fifth week: Activity 1,2,3,4,5 are involved:
Progress = {1.0 x 4.7) + {1.0 x0.9) + {0.85 x26.4) +{0.3x 25.2) + {0.2 x 42.8) = 44.2%
Progress at the end of the sixth week: Activity 1,2,3,4,5 are involved:
Progress = {1.0 x 4.7) + (1.0 x0.9) + {1.0 x26.4) +{0.-6x 25.2) + {0.45x 42.8) = 66.4%
Progress at the end of the seventh week: Activity 1;2,3,4,5 are involved:
Progress = {1.0 x 4.7) + {1.0 x0.9) + {1.0 x26.4) +{0.85x 25.2) + {0.65x 42.8) = 81.2%
Progress at the end of the eighth week: Activity 1,2,3,4,5 are involved:
Progress = {1.0 x 4.7) + {1.0 x0.9) + {1.0 x26.4) +{1.0x 25.2) + (0.95x 42.8) = 91.4%
Progress at the end of the nineth week: Activity 1,2,3,4,5 are involved:
Progress = {1.0 x 4.7) + (1.0 x0.9) + {1.0 x26.4) +{1.0x 25 .2) + (0.95x 42.8) = 97.9%
Progress at the end of the tenth week: Activity 1,2,3,4,5 are involved:
Progress = {1.0 x 4.7) + {1.0 x0.9) + {1.0 x26.4) +(1.0x 25.2) + (1.0x 42.8) = 100%

Figure 2. below shows a cumulative progress-versus-time curve for the bar

chart illustrated in Figurel.
he vertical scale represent cumulative project progress in percent and the
horizontal scale indicates time.

0.9
7.8
Scheduled Progress
16.2
120
25.3
44.2 100
66.4 80
81.2 " " ''
Q I 60
.... c.o
91.4 0
.... c.. 40
97.9
20
100
0
1 2 3 4 5 6 7 8 9 1
0
-+- Progr 0 7 1 2 4 6 8 9 9 1
Scheduled ess . . 6 5 4 6 1 1 7 0
Figure 2: Scheduled Cumulative Progress Curve
.
Z
S
The Normal Progress Curve or S-Curve -:
Observation of a large of projects indicates that the usual shape of the curve is that shown
in Figure 3. As the curve indicates that the progress is slow at the beginning of a project as
work is organized and workers become familiar with work assignments and procedures.
Thus, only about 15% of the project is completed.in the first 25% of project time.
After that, progress is made at a rather constant rate until 85% of the work is completed at
the end of 75% of project time.
Progress again slows as finishing work and project demobilization take place.

Time Progres
% 0 s%
%
25 0%
15%
%
50 50% Progress%
%
75 85% 120%
%
100%

100%

100%

I
. V\ 80%
I
I

t
?

- 60%

40%
-+- Progress%

20%

0%
0 25 so 75
./ Ti rri -E.
100 .

Figure 3: Normal Progress Curve - S- Curve

26