Skip to content
Menu
Civil Engineering Lectures
  • Construction Law
    • Mediation – in Construction Contracts
    • Arbitration in Construction contracts
    • Law of Contracts – Basic Legal Issues
    • DISPUTES IN CONSTRUCTION CONTRACTS
    • Law of Delict – Case Study
    • Law of Tort – An Introduction
    • Tort Law – Historical Development
    • DOCTRINE OF COMPETENCE – COMPETENCE
    • Tort Law – The parties & Vicarious Liability
    • Legal Systems in Ancient Sri Lanka
    • SECURITY OF PAYMENTS in Sri Lankan Construction Industry
    • SKILLS OF NEGOTIATIONS
    • SALE OF GOODS – IMPLIED CONDITIONS – Sri Lanka
    • Dispute resolution in Construction Projects
    • Duties, Powers, and Responsibilities of the Engineer
    • Case Law – Is it a Variation or Not?
    • Case Law – Power needed to issue variations
    • Case Law – Omissions
    • Case Law – if the Contract Administrator is not acting impartially
    • Law of contract – The Necessity of the Law
    • Law of Contract – the basics
    • Law of Contract – Unilateral and bilateral contracts
  • QUANTITY SURVEYING
    • MINIMIZING DISPUTES ARISING FROM BILL OF QUANTITIES
    • Writing Descriptions of work items in the Bill of Quantity
    • Bid Evaluation – Domestic Preference
    • Decision to tender in construction contract
    • Pre-Qualification – for Construction Contracts
    • The implication of the public procurement system to the economic growth and development of a country
    • VALUE FOR MONEY IN PROCUREMENT
    • Conditions of Contract – in Works Contracts
    • Service Contracts
    • BIDDING DOCUMENT for Works contracts
    • The Building Team
    • Methods of Tendering
    • Termination of a Construction Contract
    • Construction Claims
    • Liquidated Damages
    • BILL OF QUANTITY & THE QUANTITY SURVEYOR
    • PRELIMINARIES
    • Quantity surveyor
    • Bidding Strategy
    • Unit Rate in a Bill of Quantity
    • Price Fluctuations
    • Nominated Subcontractors
    • Building Engineering – Forces exerted on and by Buildings
    • Labor productivity – Unit rate analysis
    • Estimating Activity cost
    • Bid Price and Unbalanced Bids
    • Depreciation
    • Unit Rate Calculations – Examples – Rubble Masonry work
    • Unit rate calculation – Examples – Concrete
    • Unit rate calculation – Example – Wall painting
    • Daywork
    • Variations
    • Interim Payment Certificates
    • Contract Administration
    • ESTIMATING THE OWNING AND OPERATING COSTS OF CONSTRUCTION EQUIPMENT
  • Civil Engineering
    • MODIFICATIONS IN BUILDINGS – UNDERPINNING
    • Dewatering in Excavation
    • EXCAVATION in BUILDING CONSTRUCTION
    • The Essential Software for Civil Engineers in 2024
    • Best Software for Civil Engineering
    • PROFESSIONAL INDEMNITY INSURANCE
    • CONSTRUCTION RISKS AND INSURANCE
    • Construction machinery/equipment – Renting vs. Purchasing equipment
    • Building Engineering – An Introduction
    • ELECTRICITY – IS IT A SOURCE OF ACCIDENTS AT CONSTRUCTION SITES?
    • The Radius of Gyration (r)
    • The nature of forces acting on buildings
    • Doubly Reinforced Beams – BS 8110:1:1997 – Example 1
    • Singly Reinforced Beams – BS 8110:1:1997 – Example 1
    • Techniques used to control groundwater
    • Glass – as construction material
    • LIME – as a construction material
    • Quality of mixing water for Concrete
    • BAILEY BRIDGE CONSTRUCTIONS
    • Waste Water Disposal
    • PROCESSES USED IN WASTEWATER TREATMENTS
    • PRELIMINARY TREATMENT OF RAW WASTEWATER
    • PRELIMINARY TREATMENT OF RAW WASTEWATER
    • CONSTRUCTION MACHINERY
    • PRIMARY SEDIMENTATION TANKS
    • Biological (Secondary) Treatment Systems
    • INHERENT WEAKNESSES OF THE BUILDING INDUSTRY
    • Latent Defects and Patent Defects in Construction
    • SEGREGATION OF CONCRETE
    • CALICUT TILE ROOFING – ADVANTAGES AND DISADVANTAGES
    • Energy-Efficient Building Construction
    • DAMPNESS IN BUILDINGS
    • Septic Tank and Soakage Pit
    • Non-Load Bearing Partition Walls
    • The Versatility of Concrete
    • QUALITY MANAGEMENT IN CONSTRUCTION
    • CRYSTAL STRUCTURE OF METALS
    • SITE PRELIMINARY WORKS
    • Law of Contract – Remedies for Breach of Contract
    • INSULATION MATERIALS
    • Rubber Water stops
    • Corrosion of Reinforcing Steel: A Critical Insight
    • Bleeding Water in Concrete: Understanding and Managing Bleed Water
    • Effects of Bleeding Water on the Quality of Concrete
    • Soil Stabilization in Road Construction
    • Soil Compaction: Optimizing Soil Density for Construction
  • About us
Civil Engineering Lectures
school, book, knowledge

PRELIMINARIES

Posted on June 18, 2020January 14, 2021

What are preliminaries?


Preliminaries are works involved in administering a project and providing site-based services and general plant facilities. Section A of SMM7 covers these items. These relate to the contract as a whole. In addition, these are not confined to any particular work section. Similarly, it is shown in Section B of the SLS573:1999.

Providing these in a separate bill, the contractor has the opportunity to price them independent of unit rates. Accordingly, any costs included in the preliminary items shall not include again in the unit rates. Overheads are the cost component in the unit rates for support activities, such as site or head office staff or temporary workshops. These are not covered by specific items in the Bills of Quantities. Thus, contractually speaking, preliminaries and OH & P are different items. Therefore, the Contractor is not supposed to include the cost of preliminaries in unit rates.

The Preliminaries section of the tender documentation fulfills a number of functions from the estimator’s point of view. It provides a high-level overview of the project. For instance, it includes a description of the project, the detail of the site, details of the conditions of the contract, Employer‟s requirements, Contractor‟s general cost items, etc.

Items included under preliminaries

In the Preliminary bill, following items of temporary works, which are not represented in the permanent work items, are included as necessary.

  1. Project Particulars
  2. Drawings
  3. Site and Access
  4. Description of the Works
  5. Insurances and Bonds
  6. Supervision / staffing/ site management
  7. Safety / health / welfare
  8. Scaffolding
  9. Safeguarding the work
  10. Water for works
  11. Lighting & power
  12. Temporary roads
  13. Site accommodations
  14. Temporary fences, hoardings
  15. Name board
  16. Setting out, surveying, testing, etc.

Pricing preliminaries

There are large numbers of items under preliminaries. However, we cannot exactly price the cost of all of them. Therefore, we consider major costs which include staff, contractor‟s equipment, access roads, scaffolding, site accommodation,
temporary supplies, cleaning, etc.

Pricing preliminaries is generally one of the last operations before adjudication of the tender price. The process of converting an estimate into a tender is usually termed as ‘tender adjudication’. A decision on working methods, major equipment, gang strengths, subcontractors, temporary works such as scaffolding, roads, hutting, etc., and the proposed construction program have all been identified when pricing preliminaries.

This will indicate any need for overtime or out-of-sequence working to meet the contract completion date. It may identify the costs of any potential liquidated damages that need to be included in the tender sum. It will also allow assessment of any provision for cost fluctuations in the case of a fixed price tender.
Individual contractors have their own checklist of items to assist the estimator in calculating site overheads.

Fixed and time-related charges

Main components of a preliminary item are as follows:

  • Fixed charges – the cost of which is to be independent of duration. That is to say, charges those are not proportional either to the quantity of the work or its duration.
  • Time-related charges – the cost of which is to be dependent on duration. That is to say, charges that are directly proportional to either the quantity of the work or its duration.

How to analyze a preliminary item

Example 1 – Temporary Accommodation

The contractor shall provide suitable accommodation for the clerk of works, with a minimum floor area of 20 m2 including desk, four chairs, filing cabinet and all necessary air conditioning, lighting and
cleaning.
In this case, contractor decides to use container hut converted as an office.

Data

Contract period: 144 weeks, Transport of container to and from site: Rs: 15,000.00 per trip, Hire of container hut: Rs: 3,000.00 per week, Hire of furniture, etc.: Rs: 500.00 per week

Fixed charges

Transport to and from site 2 trips × Rs: 15,000 = 30,000.00
Erection 10 hours & Dismantle 5 hours of unskilled labor
15 hours laborer @ Rs: 1,500 = 22,500.00
Total of fixed charges = 52,500.00

Time related charges

Hire of hut 144 weeks @ Rs: 3,000 per week = 432,000.00
Furniture and other 144 weeks @ Rs: 500 per week = 72,000.00
Cleaning – 2 hours per week × 144 weeks
288 hours @ Rs: 125 = 36,000.00
Total of time related charges = 540,000.00
Total (fixed and time related charges) = 592,500.00

Example 2 – Site Fencing

The contractor is to allow for enclosing all boundaries of the site. It shall be the contractor‟s responsibility to provide all necessary precautions, protection and security to safeguard the works using fences, hoardings, gates, etc. as considered necessary.

Data

Contract period: 144 weeks
Fencing
Fixed charges; erection and taking down = 20,000.00
50 metres of solid fencing; 1.8 metres high @ Rs: 300.00 / m = 10,000.00
1 pair gates and security = 5,000.00

= 35,000.00
Maintenance and repairs
1 hour per week labourer × 144 weeks @ Rs: 125 = 18,000.00
Total = 53.000.00

Payments for preliminaries in interim bills

There is no specific contract provision governing how to pay for preliminaries.

1st method – Time Related

Some consultants pay for preliminaries in Interim bills considering the total contract time.

Example: Total Contract Value = Rs: 1,000,000.00
Preliminaries = Rs: 200,000.00
Permanent Works = Rs: 800,000.00
Contract Period = 05 months
In each interim bill add Rs: 200,000.00 / 5 = Rs: 40,000.00 to the value of completed permanent works to arrive the total bill value.

2nd method – Work Related

Some consultants pay for preliminaries in Interim bills calculating a proportionate value to the value of permanent works completed up to that interim bill.

Example: Total Contract Value = Rs: 1,000,000.00
Preliminaries = Rs: 200,000.00
Permanent Works = Rs: 800,000.00
Contract Period = 05 months
Value of permanent works completed up to 3rd Interim bill = Rs: 400,000.00
Add Rs: (400,000.00 x Rs: 200,000.00)/ Rs: 800,000.00 = Rs: 100,000.00 to the value of completed permanent works to arrive the total bill value.

3rd method – Reasonable Method

However, in both methods mentioned above, contractors do not get money immediately after they have completed the particular preliminary item.
Therefore consultants prefer to obtain the exact time of expenditure from the Contractor and pay accordingly.
As per Clause 27.1 of the ICTAD / SBD / 01, the contractor has to submit a work program showing the timing of all the activities in the B.O.Q. for the approval of the Engineer. At that time, the Contractor can submit when he plans to carry out items mentioned in the preliminary bill. After obtaining approval for the work program from the Engineer, the Contractor can include his actual expenditure of preliminary bill items into the respective Interim bill.


ICTAD Publication no: ICTAD / ID / 04 – Guidelines for the preparation of Bill no. 1 – Preliminaries for Building Works suggest how to pay for preliminaries in interim valuations. If the Engineer includes a payment scheme in the Contract Document, contracting parties can follow it during the post-contract period. For example, it suggests paying 60% on completion of the structure, 30% in equal installments during the contract period, and balance 10% on dismantling and removal on completion for Temporary Office Facilities for Engineer.

Case Law

Should a contractor allow for preliminaries associated with the expenditure of provisional sums in tendering or will they be paid as an extra in the final account?

St Modwen Developments Ltd v Bowmer and Kirkland Ltd (1996)
A dispute arose as to whether the contractor was to include extra in his price for profit and the costs of attendance on the subcontractors. The word “inc” was inserted in the Bill of Quantities alongside the item. Accordingly, The contractor contended that “inc” meant that the profit and attendance were included in the Provisional Sum and claimed that he would be entitled to the profit and attendance separately. After that, the matter was referred to arbitration and the contractor was successful.

The High Court heard the appeal against the arbitrator’s award. And the High Court judge also supported the Arbitrator’s award. In addition, the judgment stated that “therefore in the same way that a contractor would not be in a position to know and therefore the price for the preliminaries of the type referred to in SMM6 in respect of a provisional sum for, say contingencies, BK in these circumstances are not deemed to have allowed for such preliminaries in their tender.”

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Recent Posts

  • The Contract Administrator: Comprehensive Guide to the Role in Construction
  • Sustainability: Building a Better Future in Construction
  • ATTERBERG LIMITS
  • FIELD COMPACTION TESTS
  • Soil Compaction: Optimizing Soil Density for Construction

Recent Comments

  • Sembukuttige R De Silva on Soil Compaction: Optimizing Soil Density for Construction
  • Sembukuttige R De Silva on ATTERBERG LIMITS
  • Sembukuttige Rukmanthi De Silva on Sustainability: Building a Better Future in Construction
  • Sembukuttige Rukmanthi De Silva on Bid Evaluation – Domestic Preference
  • Sembukuttige Rukmanthi De Silva on Duties, Powers, and Responsibilities of the Engineer

Categories

  • Civil Engineering
  • Construction Law
  • QUANTITY SURVEYING

Legal pages

  • About us
  • Contact
  • Free e-books
  • Privacy policy
  • Terms & Conditions

Lecture Categories

  • Civil Engineering
  • Construction Law
  • QUANTITY SURVEYING
©2025 Civil Engineering Lectures | Powered by SuperbThemes