According to NPA* Guidelines / Sri Lanka Domestic preference is given to local contractors, to encourage the local contractors. Eligibility for Domestic Preference Application of the Preference Domestic Preference Category I – Bids offered by bidders eligible for domestic preference. Category II – Bids offered by others. *NPA – National Procurement Agency.
Tag: Construction Law
Mediation – in Construction Contracts
Mediation is an effective method of preventing, managing, and resolving conflicts. However, a mediation process requires more than the appointment of a high-profile individual to act as a third party. To be effective, opponents need to be convinced of the merits of mediation. Ad-hoc and poorly coordinated mediation efforts, even when launched with the best…
Arbitration in Construction contracts
Alternative Dispute Resolution – ADR ADR has been introduced to resolve disputes in construction contracts outside the Court system. It has come to play a very significant role in resolving disputes today. What does ADR mean? Any method of resolving disputes, other than those adopted by the courts of law as part of the system…
BIDDING DOCUMENT for Works contracts
Purpose of the bidding document The most significant purposes of the Bidding Document are: i) To instruct bidders on the procedure for submission of bids (steps, what to do, when, etc.); ii) To describe works to be procured (specifications / BOQ, etc.); iii) To inform the bidders of criteria for evaluation (price & non-price factors);…
Glass – as construction material
The term glass refers to materials, usually blends of metallic oxides, mainly silica, which do not crystallize when cooled from the liquid to the solid state. It is the non-crystalline or amorphous structure of glass that gives rise to its transparency
Case Law – if the Contract Administrator is not acting impartially
The Engineer/Architect/Contract Administrator is not acting impartially if he allows the employer to interfere with his independent judgment when issuing certificates.
Case Law – Omissions
Under many standard contract conditions, there is a provision permitting the contract administrator to initiate any variation to the works.
Case Law – Power needed to issue variations
Legally a variation can be defined as an agreement between parties supported by consideration to change some terms of the contract between them.
Case Law – Is it a Variation or Not?
In a construction contract, it may be in the form of a change to the original design, quality, or quantity of the works set out in the original scope of works under the contract.
SKILLS OF NEGOTIATIONS
Negotiation is the most cost efficient method to resolve construction dispute as it is informal. In addition, it is speedy and non-complex in nature.