Architecture / June 23, 2018 /
The contract documents set out what work must be done, and how, and under what conditions it is to be done. They identify the contractors obligations and liabilities and form the contractual agreement to do the work for the stated price or at the agreed rates. Many if not most financial problems in building originate in inadequate or unclear tender and contract documents, often culminating in disputes between the client and the contractor over what is included in the price for the work.
The payment arrangements adopted on a contract directly affects the level of risk borne by the contractor. Where the contract is let on the basis of a drawings and specification lump sum the contractor assumes the risk for both the quantity and pricing. In lump sum contacts based on bills of quantities and remeasurement contracts the contractor assumes the risk for the pricing only. With reimbursement contracts the client assumes the risk for the quantity and pricing. The payment arrangement, therefore, directly motivates the contractors efforts to carry out the work in an efficient and economic manner. This in turn has a major impact on the final price paid by the client.