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Plans and Specifications

Post by riddler on Sun Jun 07, 2009 7:20 pm

Hello Fellow Contract Implementors and wiz' people,

In the implementation of Contract, who will prevail between the plans and specifications of civil works projects which form as an integral part of our contract? Some details of our Plans kasi did not synchronize with the Specifications of the Contract. Kindly share any applicable laws which maybe used as our guide in our decision. thanks Shocked
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Re: Plans and Specifications

Post by engrjhez® on Mon Jun 08, 2009 4:12 pm

ruel t. wrote:Hello Fellow Contract Implementors and wiz' people,

In the implementation of Contract, who will prevail between the plans and specifications of civil works projects which form as an integral part of our contract? Some details of our Plans kasi did not synchronize with the Specifications of the Contract. Kindly share any applicable laws which maybe used as our guide in our decision. thanks Shocked
I believe it is a "which" rather than a "who". On the plans and specifications as programmed, and the plans and specifications as integral with the contract, the latter shall prevail. Notwithstanding any law, an accomplished contract (duly notarized) is legally binding as all scope of works defined therein shall be enforceable at all times. Very Happy
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Re: Plans and Specifications

Post by RDV @ GP3i on Sat Jun 13, 2009 12:00 pm

ruel t. wrote:Hello Fellow Contract Implementors and wiz' people,

In the implementation of Contract, who will prevail between the plans and specifications of civil works projects which form as an integral part of our contract? Some details of our Plans kasi did not synchronize with the Specifications of the Contract. Kindly share any applicable laws which maybe used as our guide in our decision. thanks Shocked

I submit that the plans and specifications, which are part of the bidding documents issued to the prospective bidders, should prevail. If, however, the details are also part of the bidding documents, but there is a discrepancy with the plans and specifications, the matter of synchronizing them should already be threshed out during contract implementation between the contractor and the procuring entity. If the parties would not be able to agree, then that could be subject to arbitration, if the parties would agree to, by the CIAC.
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Re: Plans and Specifications

Post by engrjhez® on Sat Jun 13, 2009 12:55 pm

ruel t. wrote:
In the implementation of Contract, who will prevail between the plans and specifications of civil works projects which form as an integral part of our contract? Some details of our Plans kasi did not synchronize with the Specifications of the Contract. Kindly share any applicable laws which maybe used as our guide in our decision. thanks Shocked
Just thinking, how could there be a discrepancy nga pala? There must already be a draft contract which may have been derived from the plans and specifications from the time before the procurement process. Where does the synchronizing error began? Or is it that the bidder may have submitted a different (but equivalent) specifications? Very Happy
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Re: Plans and Specifications

Post by riddler on Sat Jun 13, 2009 2:09 pm

RDV wrote:
I submit that the plans and specifications, which are part of the bidding documents issued to the prospective bidders, should prevail. If, however, the details are also part of the bidding documents, but there is a discrepancy with the plans and specifications, the matter of synchronizing them should already be threshed out during contract implementation between the contractor and the procuring entity. If the parties would not be able to agree, then that could be subject to arbitration, if the parties would agree to, by the CIAC.

Yes, I believed that Plans and Specifications are complimentary to each other however, in case that the two parties cannot resolve the interpretations between the the two, the matter may be elevated to the CIAC which is also included in our contract, for which it would be difficult for both parties. While other countries implement that the 'Plans shall govern over the Specifications '. I cannot find any reference in the Philippine laws or as implemented by the DPWH. I wish i could find one para di na kami magssayang sa CIAC.

engrjhez wrote:
Just thinking, how could there be a discrepancy nga pala? There must already be a draft contract which may have been derived from the plans and specifications from the time before the procurement process. Where does the synchronizing error began? Or is it that the bidder may have submitted a different (but equivalent) specifications?
]


the Contracts are already "pro-forma" we used as downloaded from the GPPB. THe plans and specifications etc. are addendums of the Contract which are also an integral of the Contract... After all there is no Perfect contract nor a perfect plan.

The clerical" error may have been made during the "copy-paste" encoding of clerks in the computer. The Specifications are almost 500 pages with 150 pages of plans and its details. We really wasn't able to scrutinize all, it was only found during the implementation of the Contract.


Last edited by riddler on Sun Nov 14, 2010 10:55 pm; edited 1 time in total
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Re: Plans and Specifications

Post by msm326 on Mon Jun 15, 2009 12:20 pm

Based on our experience with a World Bank Project ,It is the Bill of Materials (BOM) that will be checked first ....Before a start of the contract we always held a project management conference so everything will be clear (both parties woulde represent their PMO for the project) ..in that case projects will be implemented smoothly and problems arises can be given preferential attention

Specifications is addendum to the contract what matters is the BOM must tally with the plans or always the BOM should be taken into consideration
msm

Very Happy
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Re: Plans and Specifications

Post by riddler on Mon Jun 15, 2009 2:15 pm

msm326 wrote:Based on our experience with a World Bank Project ,It is the Bill of Materials (BOM) that will be checked first ....Before a start of the contract we always held a project management conference so everything will be clear (both parties woulde represent their PMO for the project) ..in that case projects will be implemented smoothly and problems arises can be given preferential attention



Very Happy

yes, there was a Management Consultation Conference before the project started, unfortunately the parties overlooked the for certain item of work, which resulted to the problem. However, the detail of the item on the plan is different from the specification.
msm326 wrote:Specifications is addendum to the contract what matters is the BOM must tally with the plans or always the BOM should be taken into consideration.
Yes I agree, when the plans and specification do not agree with each other it is incumbent for the stakeholders to verify other documents of the Contract, like the BOM prepared by the Procuring Entity and the Bidder/Contractor. THe BOM as prepared and as Bidded reinforced the Procuring Entity's interpretation that the Plan shall be followed because the prices as prepared and bidded are way too high than the specifications of the contract.
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Re: Plans and Specifications

Post by leobcaleja on Wed Nov 10, 2010 6:12 pm

There is a provision in the contract documents regarding priority of documents. Usually what is stated there is that the technical specifications governs over the plans.
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Re: Plans and Specifications

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