The difference between this type of contract, which is a cost-based contract and a lump sum contract, is that in the maximum guaranteed price (GMP), if it is a specified price contract, it is a fixed price contract, and the contractors retain the savings on the costs of the races and there is no obligation for them to return them to the owners. However, this savings can be shared by both the contractor and the owner. [12] Another difference is the status of the plans. The lump sum contract can be used if the owner has a complete set of construction plans, specifications, etc., otherwise the maximum guaranteed price (GMP) will be preferred to compensate for this defect. If the cost is used, it is best for the owner to determine the maximum guaranteed price in order to avoid other costs and contractors needed to provide the principal contribution to the owner on project costs. [13] The owner exercises governance through the contractor. The contractor exercises governance through internal units and subcontractors. Construction professionals often find negligence in the development of contract documents. B, for example in the absence of a match between construction plans and construction conditions or obvious discrepancies between town planning plans or specifications and store designs. If a design professional can be proven negligently, the practical license may be withdrawn temporarily or permanently. However, while design professionals are required to possess and apply the same level of skills, knowledge and skills of other tradespeople and must apply a standard of care and must use their best judgment in carrying out the mission, they cannot expect a perfect set of contractual plans or documents to be provided. , or to ensure that the result always fully achieves the goals of the owner or advisor. It is therefore important that design professionals do not carry out projects that far exceed their technical skills or exceed those of the staff available to work on the project.
Only experienced, competent and qualified staff should be assigned to a task. Junior and inexperienced staff must be carefully supervised by fully qualified professionals. External consultants may be asked to complement the company`s own skills in order to achieve optimal results. In the following definition of the EJCDC® C-700, that „store drawings“ are not explicitly part of the contractual documents: it is worth it if the customer is the subject of a clear tender in an EPC contract that concerns at least: According to the contract axiom advocated by the Institute of Construction Specifications (CSI), „say it once and rightly place “ , what contract documents are should only be indicated in one place (preferably the contractor). In order to increase the potential for consistent interpretation, the list of contractual documents should be complete and unambiguous and should not contain documents that should not, quite rightly, be contractual documents. A construction contract is a reciprocal or legally binding agreement between two parties on the basis of guidelines and conditions recorded in the form of a document. The two parties involved are one or more landowners and one or more contractors.
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