Implementation ofConstruction Project with

Detailed Contract Documents

Soe Minn SettMyanmar Transitional Platform1 March 2014

UMFCCI, Yangon

Key Team Player in following airport projects:-Changi Airport (Singapore)Sembawang Airbase (Singapore)Seletar Airport (Singapore)New Phu Quoc International Project (Vietnam)Can Tho International Airport (Vietnam)Buon Ma Thout Airport (Vietnam)Benazir Bhutto International Airport (Islamabad, Pakistan)Naypyitaw Airport (Myanmar)Melbourne Airport (Australia)Hambantota International Airport (Sri Lanka)

Soe Minn SettB.E (Civil), M.Sc (Transportation Engineering)

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1) LEGAL FRAME WORK

2) FORM OF CONTRACT

3) RESULT OF DETAILED CONTRACT

DOCUMENTS

CONTENT

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Ref: Imperial Gazetteer of India, v. 9, p. 213.

LEGAL FRAME WORK

BRITISH BURMA MUNICIPAL ACT, 1874

BURMA MUNICIPAL ACT, 1884

Ref: “A Collection of The Acts published by the Governor General of India in Council in the year 1885”

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LEGAL FRAME WORK

Rangoon City Municipal Act (1922)

Rangoon City Municipal Act (1956)

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Yangon City Development CommitteeLEGAL FRAME WORK

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CURRENT PRACTICE

City Development Committee

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CURRENT PRACTICE

Ministry of Construction

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Contract LawLEGAL FRAME WORK

- Myanmar Contract Act, 1872

(formerly known as “Indian Contract Act”)

- Sale of Goods Act, 1930Same as Australian, English, Hong Kong and Singapore law.

three major differences:

(i) Consideration may be given by a person who is not a person to the

contract;

(ii) Past consideration (that is, payment/performance prior to entering into the

contract) is valid consideration

(iii) Consideration is not presumed in the case of a contract under seal.

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LEGAL FRAME WORK

Typical Contract Agreement Document (Private Sector Project)

-Contract agreements were drafted on Stamp paper and signed by both parties.

-May witness by Lawyers

-Mentioned payment term

-General description of project deliverable (Eg. 8 stories R.C building, 20’ x 50’ Warehouse Steel Structure building etc)SPECIME

N

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LEGAL FRAME WORK

SPECIMEN

SPECIMEN

Typical Contract Agreement Document (Private Sector Project)

SPECIMEN

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LEGAL FRAME WORK

SPECIMEN

Typical Contract Agreement Document (Government Sector Project)

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LEGAL FRAME WORK

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Photo Courtesy : Swe Oo’s Facebook PUBLIC share

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FORM OF CONTRACT

PRINCIPAL STAGES OF CONSTRUCTION PROCESS

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Project Brief

Decision to Build

Evaluation &

AwardCompletion & Maintenance

Design Drawing

sTender Documentation-Conditions of Contract-Drawings-BQs-Specifications

Tender Invitation

Construction Works

Letter of Intent/Awar

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Contract Documents

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FORM OF CONTRACT

Standard form of Contract Documents

1. Articles of Agreement

2. Conditions of Contract (regulate to practice)

3. Plans and Drawings

4. Bill of Quantities

5. Specification (recommend to practice)

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Common Standard Form of Condition of Contract Joint Contracts Tribunal (JCT)

International Federation of Consulting Engineers (FIDIC)

NEC Engineering and Construction Contract (NEC)

Singapore Institute of Architect (SIA)

Association of Consultant Architects (ACA)

Public Sector Standard Conditions of Contract for Construction Works (PSSCOC)

Master Format (Construction Specification Institute, CSI)

FORM OF CONTRACT

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Common Standard Form of Condition of Contract

FORM OF CONTRACT

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Common Standard Form of Condition of Contract

FORM OF CONTRACT

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Common Standard Form of Condition of Contract

FORM OF CONTRACT

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Common Standard Form of Condition of Contract

FORM OF CONTRACT

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Common Standard Form of Condition of Contract

FORM OF CONTRACT

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PSSCOCPublic Sector Standard Conditions of Contract for Construction Works

1. Definitions and Interpretation

2 . Superintending Officer and

Superintending Officer's Representative

3. Contract Documents

4. General Obligations of the Contractor

5. Sub-Surface and Ground Conditions

6. Permanent Works Designed by the

Contractor

7. Notices and Fees

8. Setting Out

9. Programme for the Works

10. Quality in Construction

11. Administration

12. Possession of Site And

Commencement Of Works

13. Suspension

14. Time for Completion

15. Expediting Progress of Works

16. Liquidated Damages

17. Substantial Completion

18. Defects

19. Variations to the Works

20. Valuation of Variations

21. Measurement

22. Claims for Loss and Expense

23. Procedure for Claims

24. Construction Equipment

Temporary Works Materials and

Goods

25. General Responsibilities

26. Indemnity Provisions

27. Insurance for Personal Injury, Work

Injury Compensation and Property

Damage

28. Insurance of the Works

29. Damage to Property of Employer or

Government

30. Assignment and Subcontracting

31. Termination by The Employer

32. Progress Payments and Final Account

33. Fluctuations

34. Final Completion Certificate

35. Settlement of Disputes

36. Recovery by the Employer

37. Governing Law & Notices

FORM OF CONTRACT

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Technical SpecificationSpecifications

FORM OF CONTRACT

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Technical SpecificationSpecifications

FORM OF CONTRACT

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SpecificationsSpecification Format

- National Building Specification Format (UK Based System)

- Master Format (Construction Specification Institute, CSI)

(US Based System)

- PWD/CPG General Specification

FORM OF CONTRACT

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SpecificationsParticular Requirement

FORM OF CONTRACT

NBS Master Format

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Technical SpecificationSpecifications

FORM OF CONTRACT

NBS Master Format

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Publish Standard Condition of Contract by relevant Authorities

(for Public and Private Sectors)

Regulate to practice the published Standard Condition of Contract

Practice to include Detailed Specification(Consultants, License Engineers, Professional Engineers)

RECOMMENDATION

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Clear understanding of respective responsible of each party

(Benefit to both Employer and Employee)

Prevent ambiguity and un-necessary Arbitration at Court (lost time and money)

Property is “General Public Investment”(Contribute GDP)

Preparation for “Next Generation of Construction Industrial”

(Set up the industrial practice and standard to prevent from Nasty International Contractor who want to take advantages on lack of industrialise inexperience)

RESULT OF PRACTICING DETAILED CONTRACT DOCUMENT

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Thank You

Soe Min SettEmail : smsett@gmail.com

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