MEANING AND CLARIFICATION TO SOME IMPORTANT PROVISIONS PROVIDED IN GENERAL CONDITIONS IN THE CONTRACT
What is the Difference between agreement and Contract:
A meeting of the minds. An agreement is made when two people reach an understanding about a particular issue, including their obligations, duties and rights. While agreement is sometimes used to mean contract -- a legally binding oral or written agreement -- it is actually a broader term, including understandings that might not rise to the level of a legally binding contract. A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts that can be carried out within one year can be either oral or written. Major exceptions include contracts involving the ownership of real estate and commercial contracts for goods worth $500 or more, which must be in writing to be enforceable. (See statute of frauds.) A contract is formed when competent parties—usually adults of sound mind or business entities—mutually agree to provide each other some benefit (called consideration), such as a promise to pay money in exchange for a promise to deliver specified goods or services or the actual delivery of those goods and services. A contract normally requires one party to make a reasonably detailed offer to do something—including, typically, the price, time for performance and other essential terms and conditions—and the other to accept without significant change. For example, if I offer to sell you ten roses for $5 to be delivered next Thursday and you say “It’s a deal,” we’ve made a valid contract. On the other hand, if one party fails to offer something of benefit to the other, there is no contract. For example, if Maria promises to fix Josh’s car, there is no contract unless Josh promises something in return for Maria’s services.
What is the meaning of the word “Contractor”:
Contractor is a company licensed to perform certain types of construction activities. In most states, the generals contractor’s license and some specialty contractor’s licenses don’t require of compliance with bonding, workmen’s compensation and similar regulations. Some of the specialty contractor licenses involve extensive training, testing and/or insurance requirements. There are various types of contractors:
What is the meaning of the word “Bid”:
Bid is a formal offer by a contractor, in accordance with specifications for a project, to do all or a phase of the work at a certain price in accordance with the terms and conditions stated in the offer.
What is the meaning of the word “Earnest Money”
The Court has defined the term earnest money in one of the case as “A sum paid to the seller to show that a potential purchaser is serious about buying. Also Giving an earnest or earnest money is a mode of signifying assent to a contract of sale or the like, by giving to the vendor a nominal sum ( e.g. a shilling ) as a token that the parties are in earnest or have made up their minds It was also held that 'Earnest money is part of the purchase price when the transaction goes forward; it is forfeited when the transaction falls through, by reason of the fault or failure of the vendee.
Meaning of “Pooling of tender”:
In Black’s law dictionary, seventh edition, the expression "Pooling" -"Pooling agreement" shows that the same is a reference to an Association of individual or entity is who share resources and funds to promote their joint undertaking. If such an association is form to eliminate competition throughout a single industry, it is restraint of trade and thus will hit by anti-trust law. In Law Lexicon the expression "Pooling" is set to apply to business arrangements or combinations, a combination of persons contributing money to be used for proper of increasing or depressing market price of stock/grains or other commodities; a combination having the intention and power, or tendency, to monopolies business or control production all to interfere with the trade.
What is the meaning of stipulated date of completion:
The word stipulated is derived from the ancient Latin word stipula meaning straw. As per the then Roman custom, the negotiating parties, upon reaching an agreement, broke a straw as a sign of their mutual agreement and wrote down the agreement rules. Stipulation is a formal legal acknowledgement and agreement made between opposing parties.
What is the meaning and consequence of provisional extension of time:
Meaning of the word provisional is for the time being only; existing only until permanently or properly replaced; temporary. The expression 'provisional' has not been defined in the Contract. According to the Webster's III new International Dictionary, the word 'provisional' means "suitable in existing situation, but subject to change or nullification". In the light of this meaning, the word 'provisionally' used in the order granting extension of time would mean that the extension was granted to suit the existing situation and it could have been subsequently changed or nullified by the Chief Engineer before the expiration of the extended time. It is common sense that once the extended time has expired, there is no scope left for making any change in or nullification of the extension already granted. In one of the case the Court held that once date is extended whether provisionally or permanently than original stipulated date of completion losses its meaning. In another case the Court held that once the provisional extension of time for completion of work is granted upto a certain date, liquidated damages cannot be levied after the expiry of provisionally extended date. It means that it must be kept in mind that if the contractor has completed the work before provisionally extended date no compensation can be levied.
What is the meaning of “Estimate”-
Estimate means the amount of labor, materials, and other costs that a contractor anticipates for a project as summarized in the contractor’s bid proposal for the project.
What is the meaning of “Extras items”-
Extras items are the Additional work requested of a contractor, not included in the original plan, which will be billed separately and will not alter the original contract amount, but increase the cost of building the home.
What is the meaning of “SPECIFICATIONS”:
Specification is the written or printed description of construction work to be done forming part of the contract, describing qualities of material and mode of construction, and giving dimensions and other information not shown in drawings. It includes bidding procedures, legal requirements, insurance requirements, material and workmanship requirements, inspection and testing procedures, and procedures for measurement and payment of the work, also the specifications establish obligations of the contracting parties with respect to the State (Client) and his Engineer, it is the obligation to clearly define what is required; to establish a plan for its enforcement to the extent required during the period of execution; and to indicate how the work will be measured and paid for. With respect to the Contractor, it is the obligation of complying with the Contract requirements during the construction period. The Specifications includes Standard Specifications and Special Provisions.
What's the difference between Reimbursement and Payment?-
Reimbursement is for cases in which the money has already been spent by one party. The payment back to that person will not be taxable. Payment is a payment by MIT for a service provided, such as an honorarium for a speaker. This payment is taxable. Reimbursement is an act of compensating someone for an expense. Often, a person is reimbursed for out-of-pocket expenses when the person incurs those expenses through employment or in an account of carrying out the duties for another party or member. Common examples are firms compensating individuals who buy supplies for their companies, or firms compensating employees on field or out-of-town assignments who pay for their stay and transportation
What's the meaning of “Interest”:
Interest is the cost paid to a lender for borrowed money.
What's the meaning of “Security:
Security means the state of being free from danger or threat. A security deposit is a sum of money held in trust either as an initial part-payment in a purchasing process (often used to prevent the seller selling an item to someone else during an agreed period of time while the buyer verifies the suitability of the item, or arranges finance)
What's the meaning of “Tender”:
Tender usually refers to the process whereby governments and financial institutions invite bids for large projects that must be submitted within a finite deadline.
What's the meaning of “Defect”:
Defect is a shortcoming, imperfection, or lack that impairs worth or utility
What's the meaning of guarantee:
Guarantee means the promised to a person to be answerable for the payment of the Deptt, default, miscarriage or the performance of duty by another in case he should fail to perform his engagement. It is a form of security against the default of one of the party of the contract or the person concerned with it. A contract of guarantee has been defined by section 126 of Indian contract act.
What's the meaning of “Performance guarantee”:
Performance guarantee is a performance bond, also known as a contract bond, is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor.
What's the meaning of “rescission”:
In contract law, rescission has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract Declaration or clearly communicated intention by a party to a voidable contract that it is exercising its right to terminate (rescind) the contract. It is an irrevocable step that frees the other party as well from its contractual obligations, as if the contract never existed. Rescission may be on mutual consent, by an act of law, or by either party for reasonable cause such as a material misrepresentation.
What's the meaning of “Escalation”:
Escalation means Increase in price, specially due to inflation. Escalation is a normal incident arising out of gap of time in this inflationary age in performing any contract.
What's the meaning of “Force majure“:
Force majure means the consequences of anything over which either party has no control
What's the meaning of “Manual”:
Manual is a book giving instructions or information e.g. a computer manual. A small reference book, especially one giving instructions. Comprehensive and step-by-step guide to a particular topic for both beginners and practitioners that also serves as a reference book. A manual details what is given and what is required, explains how to put the presented information into practice, and instructs how to solve problems as they occur. This term is commonly used interchangeably with handbook.
Meaning of “Fraud”:
Fraud means Intentionally deceiving another person and causing her to suffer a loss. Fraud includes lies and half-truths, such as selling a lemon and claiming "she runs like a dream."
Meaning of some terms used in “DSR/Specification” which are need clarifications
Meaning of the word “jungle”:
Land densely overgrown with tropical vegetation.
Meaning of the word “grass”:
Any of various plants having slender leaves characteristic of the grass family.
Difference between sand and soil:
Sand is small loose grains of worn or disintegrated rock whereas Soil is the top layer of the earth's surface, consisting of rock and mineral particles mixed with organic matter.
Meaning of the word “Repair”
Repair means any renovation applied to any structure, which does not in any way change the specification of the structure but saves the structure from further deterioration.
Meaning of the word “Road”
Road means and includes any highway, street, lane, pathway, alley, passageway, carriageway, footway, square, bridge, whether private or public, whether through fare, or not whether existing or proposed in any scheme culverts, sidewalks and traffic islands.
Meaning of the word “Tack coat”:
Tack coat is a small, sharp nail with a flat end- A thin coat of bitumen, road tar or emulsion laid on a road to improve the adhesion of a course above it.
Meaning of the word “WEEPHOLE”:
Weep hole is a hole to allow water to escape from behind a retaining wall and thus to reduce the pressure behind it.
Meaning of the word “Concrete”-
Concrete is the mixture of Portland cement, sand, gravel, and water. Used to make garage and basement floors, sidewalks, patios, foundation walls, etc. It is commonly reinforced with steel rods (rebar) or wire screening (mesh).
Meaning of the word “REINFORCED CONCRETE”:
It is the concrete containing more than 0.6% by volume of reinforcement consisting of steel rods or mesh. The steel takes all the tensile stresses (theoretically). In good design the reinforcement is sufficiently distributed so that the cracks are not conspicuous.
Meaning of the word “TMT”:
TMT stands for Thermo Mechanically Treated. The TMT bars have a hard outer surface and a softer core. Their manufacturing process includes hot rolled steel wires passed through water. This makes the surface hard and keeps the core warmer and softer. This helps in making the steel corrosion resistance and also increase its weldability. On the other hand, HYSD stands for High Yielding Strength Deformed bars. These bars have more yield strength than Mild Steel. Unlike TMT bars, HYSD bars are both hot or cold worked. They are graded as Fe 415 or Fe500.
Meaning of the word “SHUTTERING”:
Shuttering is that part of formwork which either is in contact with the concrete or has the form lining attached to it.
Meaning of the word “SLAB”:
Slab means a flat, usually horizontal cast concrete member of uniform thickness which extends over three or more supports in a given direction.
Meaning of the word “Balusters”-
Balusters are vertical members in a railing used between a top rail and bottom rail or the stair treads. Sometimes referred to as ‘pickets’ or ‘spindles’
Meaning of the word “Beam”-
Beam is a structural member transversely supporting a load. A structural member carrying building loads (weight) from one support to another. Sometimes called a “girder”.
Meaning of the word “Aggregate”-
Aggregate is a mixture of sand and stone and a major component of concrete.
Meaning of the word “COARSE AGGREGATE”:
(1) For concrete: aggregate which retained on the No. 4 sieve (4.76 mm).
(2) For bituminous material: aggregate which retained on a sieve of 3 mm square opening.
Meaning of the word “FINE AGGREGATE”:
(1) Sand or grit for concrete which passes the No. 4 sieve (4.76 mm) and retained in the No. 200 sieve (74 micron or 0.074 mm).
(2) Sand or grit for bituminous road-making which passes a sieve of 3 mm square opening.
Meaning of the word Pilaster :
Pilaster is a rectangular column with a capital and base, projecting only slightly from a wall as an ornamental motif.
Meaning of the word “Column”:
Column in architecture, a vertical element, usually a slender shaft, that provides structural support by carrying axial loads in compression; columns are also subject to buckling. Columns may be exposed or hidden in walls; constructed of precast concrete, masonry, stone, or wood or of steel wide-flange, pipe, or tubular sections; they may be plain, fluted, or sculpted, with or without a capital and base. Columns may also be nonstructural, used for decorative or monumental purposes.
Meaning of the word “PEDESTAL”:
PEDESTAL is an upright compression member whose height does not exceed three times its average least lateral dimension.
Meaning of the word “PILE”:
Pile is a long slender timber, concrete, or steel structural element, driven, jetted, or otherwise embedded on end in the ground for the purpose of supporting a load or compacting the soil.
Meaning of the word “PIER”:
Pier is a wide column or a wall of masonry, plain or reinforced concrete for carrying heavy loads.
Meaning of the word “Post”:
Post in civil engineering is a long piece of wood or other material set upright into the ground to serve as a marker or support.
Meaning of the word “Strut”:
Strut in civil engineering means a structural element used to brace or strengthen a framework by resisting longitudinal compression.
Meaning of the word “Lacing course” :
Lacing course in civil engineering means a course of brick or tile inserted in a rough stone or rubble course as a bond course.
Meaning of the word “Parapet” :
Parapet in civil engineering means a low protective wall or railing along the edge of a raised structure such as a roof or balcony.
Meaning of the word “Buttress” :
Buttress in civil engineering means a structure, usually brick or stone, built against a wall for support or reinforcement.
Meaning of the word “String course”:
String course is a decorative, horizontal course of brick or stone set in the wall of a building.
Meaning of the word “Coping”:
Coping is the top layer of a masonry wall, usually sloped to carry off water.
Meaning of the word “Retaining wall”-
Retaining wall is a structure that holds back a slope and prevents erosion.
Meaning of the word “ABUTMENT”:
Abutment is a concrete support wall constructed at both ends of a bridge or an arch, in order to resist the horizontal force from the bridge or the arch, support the ends of the bridge span and to prevent the bank from sliding under.
Meaning of the word “Bed Block”:
Bed Block is a blocks used in the bed of a masonry walls.
Meaning of the word “Sill” :
Sill is the horizontal member that bears the upright portion of a frame, especially the horizontal member that forms the base of a window.
Meaning of the word “Mortar”:
Any of various bonding materials used in masonry, surfacing, and plastering, especially a plastic mixture of cement or lime, sand, and water that hardens in place and is used to bind together bricks or stones.
Difference between “OPC and PPC”:
The Portland Pozzolana Cement is a kind of Blended Cement which is produced by either intergrinding of OPC clinker along with gypsum and pozzolanic materials in certain proportions or grinding the OPC clinker, gypsum and Pozzolanic materials separately and thoroughly blending them in certain proportions. Pozzolana is a natural or artificial material containing silica in a reactive form. It may be further discussed as siliceous or siliceous and aluminous material which in itself possesses little, or no cementitious properties but will in finely divided form and in the presence of moisture, chemically react with calcium hydroxide at ordinary temperature to form compounds possessing cementitious properties. It is essential that pozzolana be in a finely divided state as it is only then that silica can combine with calcium hydroxide (liberated by the hydrating Portland Cement) in the presence of water to form stable calcium silicates which have cementitious properties.
Meaning of the word “Casement”-
Frames of wood or metal enclosing part (or all) of a window sash. May be opened by means of hinges affixed to the vertical edges.
Meaning of the word “Casement Window”- A window with hinges on one of the vertical sides and swings open like a normal door
Meaning of the word “Caulking”-
(1) A flexible material used to seal a gap between two surfaces e.g. between pieces of siding or the corners in tub walls.
(2) To fill a joint with mastic or asphalt plastic cement to prevent leaks.
Meaning of the word “Ceramic tile”-
A man-made or machine-made clay tile used to finish a floor or wall. Generally used in bathtub and shower enclosures and on counter tops.
Meaning of the word “Jamb”-
Jamb is the side and head lining of a doorway, window, or other opening. Includes studs as well as the frame and trim.
Meaning of the word “Glazing”- The process of installing glass, which commonly is secured with glazier’s points and glazing compound.
Meaning of the word “Foundation”-
Foundation is the supporting portion of a structure below the first floor construction, or below grade, including the footings.
Meaning of the word “Masonry”:
Stone, brick, concrete, hollow-tile, concrete block, or other similar building units or materials. Normally bonded together with mortar to form a wall
Meaning of the word “Mortise”:
A slot cut into a board, plank, or timber, usually edgewise, to receive the tenon (or tongue) of another board, plank, or timber to form a joint.
Meaning of the word “Mullion”:
Mullion is a vertical divider in the frame between windows, doors, or other openings
Meaning of the word “Landing”:
Landing is a platform between flights of stairs or at the termination of a flight of stairs. Often used when stairs change direction. Normally no less than 3 ft. X 3 ft. square.
Meaning of the word “Trap”:
Trap is a plumbing fitting that holds water to prevent air, gas, and vermin from backing up into a fixture.
Meaning of the word “CHAINAGE”:
Chainage means length (Usually 100 feet) measured by chain or steel tape.
Meaning of the word “CLAY”:
Clay means very fine-grained soil of colloid size (Finer than 0.002 mm), consisting mainly of hydrated silicate of aluminum. It is a plastic cohesive soil which shrinks on drying, expands on wetting, and gives up water when compressed.
Meaning of the word “CORRUGATIONS”:
Corrugations means regular transverse undulation or alternate ridges upon a metal pipe surface to give greater rigidity to thin plates.
Meaning of the word “FORMWORK”:
FORMWORK is the wood molds used to hold concrete during the placement and curing processes.
Meaning of the word “PLANS”:
Plans mea the official project plans and Standard Plans, profiles, typical cross sections, cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the work to be performed. All such documents are to be considered as a part of the plans, whether or not reproduced in the special provisions.
Difference between “Sheets/strips/ bars and Plates”
- Sheets and strips have been defined as flat products with a thickness less than 5 mm.
- Plates have been defined as flat products with a thickness equal to or greater than 5 mm.
- Flat steel coil products, with widths of less than 600mm for hot rolled products and less than 500mm for cold rolled products.
- The wider flat products are called wide strip
- Bar- A finished steel product, commonly in flat, square, round or hexagonal shapes. Rolled from billets, bars are produced in two major types: merchant and special. . Strip has a final product width of approximately 12 inches, while sheet may be more than 80 inches wide.
Clarification to some important terms used in day to day use while execution of work
Difference between Plant and machinery and tool
Plant is taken as immovable property or property that has been attached to the earth whereas machinery is machines that can be taken out of the factory on a short notice whereas tool is a handheld device that aids in accomplishing a task something (as an instrument or apparatus) used in performing an operation or necessary in the practice of a vocation or profession.
Meaning of the word “Minor Defect”:
A defect that is not likely to result in the failure of a unit of product or that does not reduce the usability for its intended purpose.
Meaning of the word “Honey combs”:
Honey combs means the appearance concrete makes when rocks in the concrete are visible and where there are void areas in the foundation wall, especially around concrete foundation windows.
Meaning of the word “COMPACTION”:
Compaction means artificial increase of the dry density of a granular soil by mechanical means such as rolling the surface layers, or driving sand piles for deep compaction, vibroflotation, or impact methods. There are many methods of compaction, six main types of compacting equipment are: (1) pneumatic-tyred rollers, in which the rear wheels cover the gaps left by the front wheels, (2) tamping rollers, (3) sheepsfoot rollers, (4) vibrating rollers, (5) frog rammers (trench compactors), and (6) vibrating plates. The last two are used for confined Spaces.
Clarification to some important terms used in day to day use
Meaning of “ab initio”:
Latin for "from the beginning." This term is used by lawyers intent upon getting their money's worth from a liberal arts education by uttering such statements as "The judge was against me ab initio."
Difference between “Hence and therefore”:
Therefore’ means ‘for this reason’, or ‘because of this or that’ - it relates to deductive reasoning, it tells WHY this or that is so, or happened. eg. He was late and therefore missed the bus he was late and for this reason missed the bus. ‘Hence’ means ‘from this/that’ - it relates to WHERE - position, or point in time; it tells from where or what, or to where or what, something comes, derives, or goes eg. -i. Get thee hence! = Get yourself away from here! -ii. Henceforth all entrances will be guarded = From now on all entrances will be guarded -iii. She got the job - hence her good spirits = She got the job and her good spirits derive from that fact. (Note the different slant to ‘therefore’, which would also fit, but would say ” her good spirits are due to (’because of’; ‘for that reason’) that”.
Difference between ‘Each’ and ‘Every’
‘Each’ and ‘every’ are determiners, words that are ‘used with singular nouns to indicate quantity’. There are differences between the two that are important to grasp for usage, though. ‘Each’ is used when there are two objects; here ‘every’ is not used. For example, He wore multiple bracelets on each hand (note: singular noun).There were two of them. They each carried backpacks, and each backpack (note: singular noun) contained invaluable souvenirs. In case there are more than two objects, either of the two may be used. He wanted each/every item on the catalogue.There is a bathroom in each/every room. ‘Each’ can be used as a pronoun, but ‘every’ cannot. Note the difference between the following sentences: The students were waiting for the question sheets to be handed out. Each was in a state of great nervousness. The students were waiting for the question sheets to be handed out. Every student/one of them was in a state of great nervousness. Clearly, ‘each’ replaces the noun ‘student’. ‘Every’ does not; it requires to be followed by the noun, or by ‘one of them’.With adverbs (practically, nearly, almost, etc), only ‘every’ in used. In the following sentences, ‘every’ cannot be replaced by ‘each’:She knew practically every detail of his daily routine.Nearly every fruit on the cart was spoilt. ‘Every’ is used to refer to repeated, regular events, as in the following cases: We meet every so often. I get a health check-up done every six months. I had to take a water break after every other set.
Difference between “Exhibit and Annexure”:
Exhibits are only what can be read as part of evidence- Annexure refers to a thing (document ) which is annexed with a main plaint ,application or appeal memo , while exhibit refers to a thing (document) with the purpose that it may be looked at by the court , but mere exhibition of a document would not mean that its contents are proved. The difference between annex and appendix is that an annex is information that makes complete sense inside the main text of the document while an appendix is a stand alone document and can be read in its own right. An appendix is usually written by the writer of the main text, whereas an annex on the other hand, is written by someone other than the writer of the main document
Difference between “Argument and Discussion”
What is the difference between an argument and a discussion? Both are nouns that involve people talking with one another and telling what they think, feel or know to be true. The difference in these words lies in the usage and the connotation, or shade of meaning, behind each word. An argument can mean a statement or series of statements for or against something. This is a more of a legal definition. It is used in a court of law to give proof and to persuade or in a formal debate. For example: The attorney faced the jury for his closing arguments. However, in most cases, the word ‘argument’ is used to mean something less formal. ‘Argument’ generally means an angry dispute or disagreement. Although by the definition it does not have to be a loud quarrel, in common usage it usually brings with it the idea of two or more people yelling or raising their voices to give their opinions. For example: The husband and wife had a loud argument over who should get to use the car. Other forms of ‘argument’ are the verb, ‘argue’, ‘argumentative’ and ‘arguably’. Discussion’ has a much more positive feel to it. The definition is similar to ‘argument’ because it involves presenting ideas, information or opinions. However, the usage of the word ‘discussion’ between two or more people is not an angry or heated situation. It means talking in a conversational and reasonable manner with other people. For example: The husband and wife sat down and had a discussion about who was going to use the new car. ‘Discussion’ also does not have the same legal or technical usage in a court. A discussion is usually an informal and friendly situation where two or more people share and listen to the ideas or opinions of each other. For example: There was a discussion in the office about what to order for lunch. When using a noun to give a clearer meaning to a type of conversation, whether ‘argument’ or ‘discussion’ is used depends on the situation. If the talk is of an angry tone with the parties being upset with each other or not willing to listen to each other’s view point, it is an argument. However, if the tone is more polite or rational and reasonable, it may be called a discussion. If the conversation is a formal or legal one, lines of reasoning or proof to state a case or side are called arguments. Knowing these differences between ‘argument’ and ‘discussion’ is important to give the correct meaning.