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Construction Contractors
Construction contractors (or simply contractors) are companies
and individuals engaged in the business of construction.
Construction contractors may be classified as general
contractors or specialty contractors.
General Contractors engage in a wide range of construction c. Construction by a general contractor
activities and execute most major construction projects. When
they enter into a contract with an owner to provide complete
construction services, they are called Prime Contractors.
Specialty contractors limit their activities to one or more
construction specialties, such as electrical work, plumbing,
heating and ventilating, or earthmoving. Specialty contractors
are often employed by a prime contractor to accomplish some
specific phase of a construction project. Since the specialty
contractors are operating under subcontracts between
themselves and the prime contractors, the specialty contractor
are referred to as subcontractors.
Quality Management
Quality management and quality assurance have been adopted
to include all aspects of producing and accepting a construction
project which meets all required quality standards. Quality
management includes such activities as specification
development, process control, product acceptance, laboratory
and technician certification, training, and communication.
Quality control which is a part of the quality management
process, is primarily concerned with the process control
function.
Contract Time
The time allowed (expressed as either days allowed or as a
required completion date) for completion of a construction
project is normally specified in the contract along with the
phrase “time is of the essence”. If no completion date is
specified, a “reasonable time”, as interpreted by the courts, is
allowed. If the phrase “time is of the essence” is included in a
contract and the project is not completed within the specified
time, the contractor is liable for any damages (monetary loss)
incurred by the owner as the result of late completion. In such
a case, the courts will hold the contractor responsible for the
actual damages that the owner incurs. A liquidated damages
clause in the contract may be used to simplify the process of
establishing the amount of damages resulting from the late
completion. Such a clause will specify the amount of damages
to be paid by the contractor to the owner for each day of late
completion. If challenged in court, the owner must prove that
the amount liquidated damages specified in the contract
reasonably represents the owner’s actual loss. If the liquidated
damages are shown to be reasonable, the courts will sustain
enforcement.
Construction contracts normally contain provisions for time
extensions to the contract due to circumstances beyond
control of the contractor, such as owner-directed changes, acts
of God, and strikes.