The main problems and typical mistakes in tender contractJournal: Bulletin of Prydniprovs'ka State Academy of Civil Engineering and Architecture (Vol.2019, No. 6)
Publication Date: 2020-01-14
Authors : Kovtun-Horbachova T.A. Halych Ye.H.;
Page : 40-46
Keywords : tender contract; customer; contractor; checking of contracts; typical mistakes;
Problems and the necessity of tender contracts checking-up in construction with full or partial budget financing or financing at the expense of the investor were considered in the article. Detailed checking-up of all sections of the tender contract is justified. Some positions of the prime importance when checking-up and analyzing a tender contract by a contractor are proposed. Special attention is paid to the problems of tender contacts development by lawyers without participation of constructors and mistakes connected with this. The problem of scope of the contract reducing is considered and comparison with FIDIC proformas is made. Issues on tender contracts development by the customer and ban correcting these contracts by contractors are worked out. In this case there is pressure on the contractor with the purpose of signing unprofitable for the contractor tender contract that doesn't consider significant part of the contractor's interests. This problem was inherent to almost all contracts at “Prozoro”. Typical mistakes in tender contracts have been analyzed. Tables with sections and performers of technical and juridical parts of tender contracts connecting articles with the typical tender contract were worked out. In the article the attention is paid to the actuality of the contract and its advantages comparing to the regulatory base in construction. Peculiarities of tender contracts checking have been examined. The attention was paid to the necessity of highlighting issues connected with additional work execution which is necessary to consider when drawing up and correcting the final contract. The questions of reusing materials after dismantling of construction structures enabling to decrease cost of work is considered. However, their including to contracts on “Prozoro” happens rarely. Recommendations concerning making and checking tender contracts as well as the ways of avoiding the most common mistakes were given. Purpose. Modern practice of studying problems of checking and analyzing tender contracts in construction. Methods. Problems and typical mistakes in tender contracts in construction have been analyzed. Results. Recommendations considering checking and working out tender contracts are given.
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