Слайд 1К О Н Т Р А К Т Ы
Презентация выполнена
преподавателем
английского языка
ГБПОУ «Нижегородский Губернский колледж»
Кузнецовой Светланой Ивановной.
Слайд 3
The word “Contract” is derived from the Latin word “Contractum” meaning
Drawn down.
Contract consist of an agreement between two or more parties under certain terms and conditions whereby one party undertakes to execute works or to supply materials at specified rates and the other party undertakes to make necessary payments for the work completed by the first party.
Слайд 4WRITE
contract Synonyms
bond, guarantee, covenant,
deal, guaranty, surety, warranty
Definition of contract
A business arrangement for the supply
of goods
or services at a fixed price
Слайд 6Словосочетания
breach of contract — нарушение контракта
material breach of contract — существенное нарушение контракта
to celebrate a contract — заключать договор
contract clause — статья договора
clause in contract — пункт, статья,
условие договора
to complete a contract — выполнять договор
to abrogate / cancel / repudiate a contract — аннулировать контракт, расторгнуть соглашение
to breach / break / violate a contract — нарушать условия контракта
to carry out / execute a contract — выполнять условия договора
Слайд 7A contract document consists of following types of papers:
1. Conditions of
contract
2. Technical Specifications
3. Bill of Quantities or BOQ
4. Contract Drawings
5. Form of contract
Note: Language for all the documents should be exact , so that, later on the meaninings may not be wrongly interpreted.
Слайд 8Specifications
The specifications amplify (magnify) the information given in the contract drawings and the
BOQ. These describe, in detail, the work to be executed under the contract and nature and quality of materials and workmanship. The specifications also give details of any special responsibilities to be borne by the contractor in addition to the general conditions of contract.
The use of a particular standard like British, American, European, etc. helps considerably in this respect. It ensures the use of good quality materials complying with the latest requirements prepared by expert technical committees representing Users, Produces, Research workers and other interested.
Слайд 91. Conditions of Contract
Conditions of contract are classified into three categories.
Conditions
of Contract
Conditions of contract are classified into three categories:
General Conditions of contract.
Additional Conditions of the contract.
Special conditions of work.
Слайд 101. General Conditions of contract
These conditions, in some form, are to
be specified for nearly all types of the works. These define generally the terms under which the work is to be carried out like the relationship between the engineers, the contractor and the client, the powers of the engineers and the terms of payments etc. Various clauses dealing with contract laws are incorporated in the general conditions o the contract.
Слайд 112. Additional Conditions of the contract
These conditions are related to the
type of project. Conditions left in general conditions of contract are specified in additional conditions of contract. These conditions generally differ from project to project and are mainly related with specifications to be used, ways of testing, start of work, and other relevant work.
Слайд 123. Special conditions of work
These include some information about the site and the
work, provisions of facilities at the site, site office, availability of surveying instruments drawings and site order book (to note instructions from the engineer) at the site, sign boards, materials and machinery issued by the department, advances, and other related terms.
Note: all conditions or circumstances, which can give rise to a dispute later on, should be well settled in the contract agreement. These agreed solutions of various conditions become contract law.
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Contract Drawings
Contract drawings illustrate the details and scope of the works
to be executed under the contract. They must be prepared in sufficient details to enable the contractor to satisfactorily price the BOQ (bill of quantities— сводная смета,специфика объёмов работ).
The contract drawings will be subsequently used when executing the works and may be supplemental by further detailed drawings as the work proceeds.
Full description and explanatory notes should be entered on the drawings to avoid any sort of confusion.
Слайд 14Bill of Quantities
(how can we explain the contract documents in civil
engineering)
The BOQ consists of a schedule of items of works, to be carried out under the contract, with quantities entered against each item, the quantities being taken in accordance with the standard methods of measurement of civil works.
One of the primary functions of a BOQ is to provide a basis on which tenders can be obtained and when it is priced, it provides a comparison of various tenders received.
For a building, BOQs are given separately for each storey and separately for different types of works.
1. BOQ for civil works
2. BOQ for public health engg. Works
3. BOQ for electrical works
4. BOQ for gas works
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Form of Tender (Formal Agreement)
It constitutes a formal offer to execute
the contract work in accordance with the various contract documents for the contract price as quoted in BOQ. It usually includes the contract period within which the contractor is to complete the work.
The contractor is generally asked to enter into a bond whereby he provides to sureties who are prepared to pay upto 10-15% of the contract price if the contract is not carried out satisfactorily or a bank guarantee.
Слайд 16All parties signing a contract
must do so
of their own
free will.
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Difference between Voidable and Void Contracts
A voidable contract occurs when one
of the involved parties would not have agreed to the contract originally if he had known the true nature of the all of the elements of the contract prior to original acceptance.
With the presentation of new knowledge, the aforementioned party has the opportunity to reject the contract after the fact. Alternatively, a contract is voidable when one or both parties were not legally capable of entering into the agreement, such as when one party is a minor.
In contrast, a void contract is inherently unenforceable. A contract may be deemed void should the terms require one or both parties to participate in an illegal act or if a party becomes incapable of meeting the terms as set forth, such as in the event of one party’s death.
Слайд 18Forcing someone to sign a contract under duress may result
in
a voided contract
(аннулированный контракт).
Слайд 19Marriage involving someone under the age of 18 is a voidable
contract
(оспоримый контракт)