CE 6407 ESTIMATION AND QUANTITY SURVEYING

UNIT III

PART A 1. What is analysis of rates? (N/D 16)

In order to determine the rate of a particular item, the factors affecting the rate of that item are

studied carefully and then finally a rate is decided for that item. This process of determining the rates of an

item is termed as analysis of rates or rate analysis.

2. Briefly illustrate the schedule of rates. (N/D 16)

In its most simple form, a schedule of rates can be a list in a contract setting out the staff, labour

and plant hire rates the contractor will use for pricing cost reimbursable instructed daywork.

However, on a much larger scale, a 'schedule of rates term contract', 'term contract' or 'measured

term contract' may be used when the nature of work required is known but it cannot be quantified, or if

continuity of programme cannot be determined. In the absence of an estimate, tenderers quote unit rates

against a document that is intended to cover all likely activities that might form part of the works. As the

extent of the work is unknown the unit rates include overheads and profit. General preliminaries such as

scaffolding, temporary power, supervision and temporary accommodation will also have rates. On projects

longer than say 18 months there might be escalation provisions based on annual percentage increases.

3. Discuss the different types of specification? (M/J 16)

Types of Specifications

1. General Specifications

2. Detailed Specifications

General Specifications

In general specifications, nature and class of works and names of materials that should be used are described.

Only a brief description of each and every item is given. It is useful for estimating the project. The general

specifications do not form a part of contract document.

Detailed Specifications

The detailed specifications form a part of a contract document. They specify the qualities, quantities and

proportions of materials and the method of preparation and execution for a particular item of works in a project.

The detailed specifications of the different items of the work are prepared separately and they describe what the

work should be and how they shall be executed. While writing the detailed specifications, the same order

sequence as the work is to be carried out is to be maintained.

4. Explain the types of contract? (M/J 16)

Lump sum contract.

Item rate contract/schedule contract.

Lump sum and scheduled contract.

Cost plus fixed fee contract.

Cost plus percentage of cost contract.

Special contracts.

5.write the essentials requirements of contract.

• There must be an offer of one party, and its acceptance by the other party to make an agreement. • There must be an intention of both the parties to create legal relation. • The object of the contract must be legal, and it must not be opposed to any policy of the government or company. • The agreement to make a contract should be supported by consideration, or recongnised by law.

6.what are the types of contract?

1.Lump-sum contract 2.Cost plus percentage of cost contract 3.Item rate contract 4.Labour contract 5.Integrated contracting system

7.what are the important legal implications of a contract?

• Agreement should not violate the provisions of law. • It should not have any adverse effect on the morals of the society • The form of contract should be in writing and each page of the documents of the contract should of the contract should be signed by both the parties. • A contractor who refuse to carry out the work before completion can be sued in a court of law for breach of contract.

8.What is specification? Specification is an important document attached with a tender form/contract agreement, which in most cases controls the quality of materials and works. 9.State the different types of specification.

1. General or brief specification 2. Detailed specification 3. Standard specification

10.Describe general or brief specification.

General specification gives the nature and class of work and materials in general to be

used in the various parts of the works, from the foundation to the superstructure.

General specifications give idea of the whole work or structure and are useful for

preparing the estimate.

11. Describe detailed specification

The detailed specifications form a part of the contract document. The detailed

specification of an item of the work specifies the qualities and quantities of materials

proportion of mortar workmanship, the method of preparation and execution and

method measurement.

The detailed specifications of different items of work are prepared separately which

description what the work should be and how they should executed and constructed.

12. What are the types of penalties that are imposed on a contract and why are they

imposed?

Penalties may be imposed for non-fulfillment of conditions of contract such as not

maintaining progress, deley in completion and unsatisfactory work etc. The penalty

may be fixed sum per day or a percentage of the estimated cost upto 10%

13.What is arbitration?

Arbitration means the settlement of a dispute by the decision of a third person chosen

and acceptable as a judge. The decision of the arbitrator is binding on both the parties.

In public works department the superintending engineer function as the arbitrator.

PART B

1. Mention and describe the general specifications of a bituminous road.? (N/D 16)

SPECIFICATION FOR BITUMINOUS MACADAM

1. INTRODUCTION:

The Indian Roads Congress published the first specifications for Bituminous Macadam in the year 1967. The

Flexible Pavement committee (EPC) in its meeting held on 10thFebruary, 2001 decided to revise the

specification to keep pace with the changes in the technology and improvements in the construction

procedures as well as quality control expectations.

SCOPE:

2.1 This specification deals with the basic outline for the design, construction and controls needed while laying

bituminous macadam course for highways.

2.2 Bituminous macadam (BM) shall consist of mineral aggregate and appropriate binder, mixed in a hot mix

plant and laidwith a mechanizedpaver. It is an open graded mixture suitable for base course. It is laid in a single

course or in a multiple layers on a previously prepared base. Thickness of the single layer shall be 50 mm to

100 mm.

2.3 Since the bituminous macadam is an open-graded mixture there is a potential that it may trap water or

moisture vapour within the pavement system. MATERIALS:

3.1.1 The bitumen shall be viscosity graded paving bitumen complying with Indian Standard Specification for

paving bitumen,IS:73. The grade of bitumen to be used would depend upon the climatic conditions and the

traffic.

SPECIFICATION FOR BITUMINOUS MACADAM

(a)All materials used in the work shall conform to the requirements of Section 401 or 306 as stated above.

The aggregate requirements shall conform to Section 401 titled “Materials for Bituminous Mixtures and Surface

Treatments” in these specifications. When a Special Wear Course is specified, the aggregates used in the

Special Wear Course shall be 100 percent crushed mine trap rock, quartzite or granite; or shall consist of 100

percent crushed natural gravel.

(b)The bituminous material to be used in the work shall be asphalt type AC in the penetration grades 60-70, 85-

100, 120-150, 200-300. The penetration grade shall be designated by the Engineer in the Special Specifications.

COMPOSITION OF PAVING MIXUTRES:

(a) General: The paving mixtures shall be composed of homogenous mixture of coarse aggregate, fine

aggregate, mineral filler, and bituminous material.

(b) Base Course: Aggregates to be used shall conform to the gradation requirements for gradation No. 1 of

“Aggregates for Bituminous Road Mix and Plant Mix Surfaces and Pavements” or Gradation No. 1 or

Gradation No. 2 of “Aggregates for Bituminous Base Course.” Bituminous material in the approximate

range of 4% to 7% of the composite mix, and as specifically determined by the Engineer on the basis of

laboratory tests, shall be incorporated into the mixture.

(c) Surface Course: The aggregates, including mineral filler, shall conform to the gradation requirements

for Gradation No. 3 of “AggregateSpecifications”; except that Gradation No. 4 shall be used when

specifically required by the contract; or when the nominal thickness of a given layer or course to be

built as a separate operation is less than 1 ¼ inches; or when the characteristics of the material in the

deposit are of such a nature as to require crushing to a smaller size in order to obtain 45% or more of

particles retained on a No. 4 sieve having at least one surface or face producedby the fracture of a larger

particle. Special Wear Course: The Special Wear Course when specified in the Special Provisions;

and/or called for in the bid proposal; and/or as shown on the plans, shall be a ¾ inch thick (or a

thickness as specified) wearing course of hot plant mixed asphaltic concrete. The aggregate shall be 100

percent crushed minetrap rock, quartzite or granite; or shall consist of 100 percent crushed natural

gravel and shall be produced from material retained on a square mesh sleeve having an opening at least

twice as large as the specification permit for the maximum size of the aggregate.

(d) Uniformity: The aggregate constituents shall conform to the job-mix formula within the following

percentage tolerances:

Aggregates passing on the No. 4 and Larger Sieves.............................+-7%

Aggregates passing the No. 8 to No. 100 sieves.................................+-4%

Aggregates passing the No. 200 sieve.............................................+-2%

2. Explain detailed specification of earth work.? (N/D 16)

Earthwork In Excavation

10.1 Excavation shall be carried out in any material met on the site to the lines, levels and contours shown on

the detailed drawings and the Contractor shall remove all excavated materials to spoil heaps on site or transport

for use in filling on the site or stack them for reuse as directed:

10.2 Excavated material shall not be deposited with in 1.5m from the top edge of the excavation.

10.3 The sides of the excavation may be cut sloping, orshored and strutted to hold the face of earth

as per site requirements and as directed by the Engineer-in- Charge.

10.4 Foundation pits/trenches shall not be excavated to the full depth unless construction is imminent. The last

fifteen (15) cm depth of the excavation shall not be done until concreting work is imminent. The full depth may

at the discretion of the MMCI/HPCL Engineer-in-Charge be excavated and the bed covered with a fifty (50)mm

(minimum) thick (or as indicated on drawing) layer of lean concrete 1:4:8 mix (1 cement: 4 coarse sand: 8

crushed stone aggregate) or as specified in schedule of rates/shown on drawing, after watering if required, and

consolidating the bed.

10.5 If the bottom of any excavation has been left exposed by the Contractor and in the opinion of the

MMCI/HPCL Engineer-in-Charge, that has become badly affected by the atmosphere or by water, then the

Contractor shall remove such portions of the deteriorated material as the MMCI/HPCL Engineer-in-Charge

may direct and shall make good with lean concrete 1:4:8 mix (1 Cement: 4 Coarse Sand: 8 Crushed Stone

Aggregate). All expenses for such additional concrete and excavation shall be borne by the Contractor.

10.6 Where excavation is made in excess of the depth required, the Contractor shall, at his own expense, fill

upto required level with lean concrete 1:4:8 mix (1 Cement : 4 Coarse Sand : 8 Crushed Stone aggregates ) or as

decided by MMCI/HPCL Engineer-in-Charge.

10.7 The Contractor shall provide suitable drainage arrangement to prevent surface water from any source

entering the foundation pits at his own cost.

10.8 The Contractor shall make all arrangements for dewatering during excavation and subsequent works, the

accumulated water from any source (including subsoil water) in the excavated pits/trenches and keeping the

excavated pits/trenches dry for subsequent works.

10.16.2 The following works shall not be measured separately and allowance for the same shall be deemed to

have been made in the description of main item:

a) Setting out works, profiles, etc.

b) Site clearance, such as cleaning grass and vegetation;

c) Unauthorized battering or benching of excavation;

d) Forming (or leaving) ‘dead men’ or ‘tell-tales’ in borrow pits and their removal after measurements;

e) Forming (or leaving) steps in sides of deep excavation and their removal after measurements;

f) Excavation for insertion of planking and strutting;

g) Unless otherwise specified, removing slips or falls in excavations;

h) Baling out or pumping of water in excavation from rains;

i) Baling out or pumping of water in

excavation from sub-soil water, and

j) Slinging or supporting pipes, electric cables, etc, met during excavation.

10.16.3 Special pumping other than what is included in 10.16.2 (h and i) and well point dewatering where

resorted to, shall each be measured separately, unless otherwise stated, in kilolitres of water against separate

specific provision(s) made for the purpose.

10.16.4 The Contractor shall intimate to the MMCI/HPCL Engineer-in-Charge as soon as different

classification of soils are met with.

a) Joint levels shall be taken as to the levels of different soil classifications and volume worked out on the basis

of levels only.

b) Where levels of different strata cannot beclearly marked and defined the Contractor shall stack different soils

of various classifications separately for measurement purpose and then dispose it off.

c) If the quantum of work involved in (b) above is extensively large & time consuming, then the total area may

be divided into various zones and reasonable representative samples as in (b) above may be taken and quantities

of soils of various classifications finalized for the entire zone based on the representative. If soil of any

classification other than that specified in the Schedule of Rates is met with during excavation, the decision ofthe

MMCI/HPCL Engineer-in-Charge as to the classification of soil, levels of the strata of different classifications

and their location shall be binding.

3. Explain a detailed specification of super structure.? (M/J 16)

Brick Masonry with Cement Mortar

Masonry is the building of structures from individual units laid in and bound together by mortar; the

term masonry can also refer to the units themselves. The common materials of masonry construction are brick,

stone such as marble, granite, travertine, limestone, concrete block, glass block and tile. Masonry is generally a

highly durable form of construction. Brick masonry construction involves use of high quality materials in

construction. Use of low grade materials in construction or mortar mix in inappropriate ratio can affect the

quality of construction.

Specifications for Brick masonry in Cement Mortar

The bricks shall be of first class, regular in shape, size and colour.

The bricks should be free from flaws, cracks and lumps of any kind.

Shall have minimum crushing strength 10.5N/mm2.

The bricks shall not absorb the water more than one sixth of the weight of the brick.

The sand used shall be medium coarse, clean, sharp, free from clay, mica and other organic matter.

The cement used shall satisfy the requirement of Bureau of Indian Standard.

The mortar is designated in specified proportion of cement and sand. The materials are weighed or

measured and mixed on watertight platform after allowing bulkage of sand.

Bricks before laying shall be thoroughly soaked in water.

The bricks laid truly horizontal in course with frogs upwards.

The brickwork shall be raised 1m in height at a strength all round the building.

Only fresh mortar within ½ hour for cement mortar, the time of adding water shall be used.

During rains, no brickwork is carried out when special arrangements are made.

The brickwork shall be kept wet for atleast 10 days.

Specification of 'Bricks Walls'

Brick walls are probably the most common building elements in construction of a house in India. These

walls form basic units for creating rooms that make up a house. The walls besides being space dividers are also

structural elements that transfer the load of the roof to the ground. Brick walls are constructed on strip spread or

raft foundations that support the walls. The walls are constructed using bricks and mortar. These can also be

constructed with various structural qualities and thicknesses.

Brickwork

Brick walls are constructed by joining bricks with cement mortar in arrangements called English Bond,

Flemish Bond or Rat Trap Bond. These bonds give different external appearances to the wall. All construction

systems of brick walls are such devised that vertical cross joints in any layers are staggered. The bricks thus

bonded form a solid mass that does not split when the wall is loaded with live loads and dead loads.

Classification of Brick Work

The classification of brick work according to the quality of brick is following.

First class brick work

Second class brick work

Third class brick work

First Class Brick Work

First class brick work is made by using first class bricks and cement mortar. This brick work is used for

load bearing walls. It is made in rich mortar in which the cement and sand ratio is from 1:3 to 1: 6.

First class bricks are identified by their uniform color and a ringing sound when struck. The bricks are

equal in size and have even edges and surfaces. These bricks do not chip and don’t have any cracks. First class

bricks do not absorb water more than 1/6 of their weight. There is no salty residue when the bricks are dry. First

class bricks have a minimum crushing strength of 105.kg. Per sq. cm

Bricks of first class quality

Second Class Brick Work

Second class bricks work is made by using second class bricks and cement mortar. These bricks also

have the property of first class bricks but are not very regular or even in shape. These bricks should not be used

for load bearing walls for more than two storey buildings. Second class bricks have minimum crushing strength

70.kg per sq. meter.

Second class quality of bricks

Third Class Brick Work

This type of brick work is made by using third class bricks and cement mortar or mud mortar. Third

class brick work is not made in any Govt. work. Generally this type of brick work is made for temporary work

in private sector.

4. Illustrate the specifications for a septic tank? (M/J 16)

Septic tank design specifications:

These model septic design regulations discusses the design specifications for septic tanks, including septic tank

size requirements, septic tank cover access, septic tank characteristics, steel septic tanks, tanks for aerobic septic

systems, and related details.

We discuss septic tank materials, sizes, compartments, strengths, installation details, and special requirements

for fiberglass, polyethylene septic tanks, concrete septic tanks, and for aerobic treatment unit construction.

(1) Septic tank capacities shall be based upon the number of household bedrooms. An expansion attic

shall be considered as an additional bedroom.

Table 3 given below specifies the minimum septic tank capacities and minimum liquid surface areas

Table 3: Minimum Septic Tank Capacities & Properties Based on Number of Bedrooms

Number of Bedrooms Septic Tank Size (Gallons) Minimum Liquid Surface Area (Sq.Ft.)

1, 2, or 3 1000 27

4 1,250 34

5 1,500 40

6 1,750 47

(2) Septic tank covers shall always be accessible. Where manholes are more than 12 inches below final grade,

an extension collar shall be provided over each opening. Extension collars shall not be brought flush with the

ground surface unless the cover can be locked to prevent tampering. Driveways or other facilities shall not be

constructed above septic tanks unless specially designed and reinforced to safely carry the load imposed.

(b) Design and Installation of Septic Tanks

(1) General Requirements for Septic Tanks.

The following applies to all septic tanks regardless of material.

(i) A minimum liquid depth of 30 inches. The maximum depth for determining the allowable design volume of

a tank shall be 60 inches. Deeper tanks provide extra sludge storage, but no credit shall be given toward design

volume.

(ii) The minimum distance between the inlet and outlet shall be six feet. All tanks shall meet the minimum

surface area requirement for the specific design volume specified in Table 3. The effective length of rectangular

tanks should not be less than two nor greater than four times the effective width.

(iii) Tanks must be watertight, constructed of durable material not subject to corrosion, decay, frost damage, or

cracking. After installation, all septic tanks shall be able to support at least 300 pounds per square foot (psf).

(iv) Tanks with a liquid depth of 48 inches or more shall have a top opening with a minimum of 20 inches in the

shortest dimension to allow entry into the tank. Tanks with a liquid depth less than 48 inches shall have a top

opening that is at least 12 inches in the shortest dimension.

(v) Tanks shall have inlet and outlet baffles, sanitary tees or other devices to prevent the passage of floating

solids and to minimize disturbance of settled sludge and floating scum by sewage entering and leaving the tank.

Outlet designs such as gas deflection baffles are strongly recommended in all tanks. Inlet and outlet baffles shall

extend a minimum of 12 inches and 14 inches respectively, below the liquid level in tanks with a liquid depth of

less than 40 inches, and 16 and 18 inches respectively, in tanks with a liquid depth of 40 inches or greater. The

distance between the outlet baffle and the outlet shall not exceed six inches. Baffles shall be constructed of a

durable material not subject to corrosion, decay or cracking.

(vi) There shall be a minimum of one inch clearance between the underside of the top of the tank and the top of

all baffles, partition and/or tees to permit venting of tank gases. Multi-chamber and multi-tank systems shall

also be designed to permit the venting of tank gases.

(vii) Tanks shall be placed on at least a three inch bed of sand or pea gravel. This will provide for proper

leveling and bearing. Additional instructions provided by the manufacturer shall also be followed.

(viii) There shall be a minimum drop in elevation of two inches between the inverts of the inlet and outlet pipes.

(ix) Garbage grinders. An additional 250 gallons of capacity and seven square feet of surface area is required

when a garbage grinder can reasonably be expected at the time of construction or in the future. A gas deflection

baffle or other acceptable outlet modification, and a dual compartment tank or two tanks in series must also be

provided.

(2) Design Specifications for Concrete septic tanks

(i) Concrete used for septic tank construction shall have a minimum compressive strength of 2,500 pounds per

square inch (psi) at 28 days set; 3,000 psi concrete is recommended as a minimum.

(ii) Wall thickness for concrete septic tanks shall be a minimum of three inches unless the design has been

certified by a New York licensed professional engineer as complying with all appropriate requirements for thin-

wall construction. All walls, bottom and top shall contain reinforcing to assure support for 300 psi.

(iii) All concrete septic tank joints shall be sealed such that the tank is watertight; joints below the liquid level

must be tested for water tightness prior to backfilling.

(iv) The walls and floor of cast-in-place septic tanks shall be poured at the same time (monolithic pour).

(4) Design Specifications for Fiberglass and Polyethylene Septic Tanks

Fiberglass or polyethylene (plastic) septic tanks must meet the following additional requirements:

(i) Fiberglass or polyethylene septic tanks shall not be installed in areas where the groundwater level can rise to

the level of the bottom of the septic tank.

(ii) Particular care must be taken during installation, bedding, and backfilling of Fiberglass or polyethylene

septic tanks so as to prevent damage to tank walls. The manufacturer's installation instructions shall be

followed.

(iii) All Fiberglass or polyethylene septic tanks should be sold by the manufacturer completely assembled. If,

because of size, the tank is delivered to the site in sections, all joints shall be sealed with watertight gaskets and

shall be tested for water tightness after installation, and prior to backfilling.

(3) Design specifications for Aerobic Septic Septic Tanks or Aerobic Treatment Units (ATUs)

A homeowner may choose to install an aerobic unit instead of a septic tank under the following conditions:

(i) The aerobic treatment unit shall have a label indicating compliance with the standards for a Class I unit as

described in the National Sanitation Foundation (NSF) Standard 40 or equivalent.

(ii) The rated capacity of the aerobic treatment unit shall be equal to or greater than the design flow as

determined from Table 1.

(iii) The absorption system that follows the aerobic treatment unit shall be sized in the exact same manner as it

would for a septic tank.

(iv) aerobic treatment unit which do not include as a standard feature a service contract which provides for, as a

minimum, semiannual inspections and annual pumping for three years or more are prohibited.

5. Explain Types of contracts in detail.?

Types of Contracts

Contracts under Seal Traditionally, a contract was an enforceable legal document only if it was

stamped with a seal. The seal represented that the parties intended the agreement to entail legal

consequences. No legal benefit or detriment to any party was required, as the seal was a symbol of the

solemn acceptance of the legal effect and consequences of the agreement. In the past, all contracts

were required to be under seal in order to be valid, but the seal has lost some or all of its effect by

statute in many jurisdictions. Recognition by the courts of informal contracts, such as implied

contracts, has also diminished the importance and employment of formal contracts under seal.

Express Contracts In an express contract, the parties state the terms, either orally or in writing, at the

time of its formation. There is a definite written or oral offer that is accepted by the offeree (i.e., the

person to whom the offer is made) in a manner that explicitly demonstrates consent to its terms.

Implied Contracts Although contracts that are implied in fact and contracts implied in law are both

called implied contracts, a true implied contract consists of obligations arising from a mutual

agreement and intent to promise, which have not been expressed in words. It is misleading to label as

an implied contract one that is implied in law because a contract implied in law lacks the requisites of

a true contract. The term quasi-contract is a more accurate designation of contracts implied in law.

Implied contracts are as binding as express contracts. An implied contract depends on substance for its

existence; therefore, for an implied contract to arise, there must be some act or conduct of a party, in

order for them to be bound.

A contract implied in fact is not expressed by the parties but, rather, suggested from facts and

circumstances that indicate a mutual intention to contract. Circumstances exist that, according to the

ordinary course of dealing and common understanding, demonstrate such an intent that is sufficient to

support a finding of an implied contract. Contracts implied in fact do not arise contrary to either the

law or the express declaration of the parties. Contracts implied in law (quasi-contracts) are

distinguishable in that they are not predicated on the assent of the parties, but, rather, exist regardless

of assent.

The implication of a mutual agreement must be a reasonable deduction from all of the circumstances

and relations that contemplate parties when they enter into the contract or which are necessary to

effectuate their intention. No implied promise will exist where the relations between the parties

prevent the inference of a contract.

A contract will not be implied where it would result in inequity or harm. Where doubt and divergence

exist in the minds of the parties, the court may not infer a contractual relation-ship. If, after an

agreement expires, the parties continue to perform according to its terms, an implication arises that

they have mutually assented to a new contract that contains the same provisions as the old agreement.

A contract implied in fact, which is inferred from the circumstances, is a true contract, whereas a

contract implied in law is actually an obligation imposed by law and treated as a contract only for the

purposes of a remedy. With respect to contracts implied in fact, the contract defines the duty; in the

case of quasi-contracts, the duty defines and imposes the agreement upon the parties.

Executed and Executory Contracts An executed contract is one in which nothing remains to be done

by either party. The phrase is, to a certain extent, a misnomer because the completion of performances

by the parties signifies that a contract no longer exists. An executory contract is one in which some

future act or obligation remains to be performed according to its terms.

Bilateral and Unilateral Contracts The exchange of mutual, reciprocal promises between entities

that entails the performance of an act, or forbearance from the performance of an act, with respect to

each party, is a Bilateral Contract. A bilateral contract is sometimes called a two-sided contract

because of the two promises that constitute it. The promise that one party makes constitutes sufficient

consideration (see discussion below) for the promise made by the other.

A unilateral contract involves a promise that is made by only one party. The offeror (i.e., a person who

makes a proposal) promises to do a certain thing if the offeree performs a requested act that he or she

knows is the basis of a legally enforceable contract. The performance constitutes an acceptance of the

offer, and the contract then becomes executed. Acceptance of the offer may be revoked, however, until

the performance has been completed. This is a one-sided type of contract because only the offeror,

who makes the promise, will be legally bound. The offeree may act as requested, or may refrain from

acting, but may not be sued for failing to perform, or even for abandoning performance once it has

begun, because he or she did not make any promises.

Unconscionable Contracts An Unconscionable contract is one that is unjust or unduly one-sided in

favor of the party who has the superior bargaining power. The adjective unconscionable implies an

affront to fairness and decency. An unconscionable contract is one that no mentally competent person

would accept and that no fair and honest person would enter into. Courts find that unconscionable

contracts usually result from the exploitation of consumers who are poorly educated, impoverished,

and unable to shop around for the best price available in the competitive marketplace.

The majority of unconscionable contracts occur in consumer transactions. Contractual provisions that

indicate gross one-sidedness in favor of the seller include limiting damages or the rights of the

purchaser to seek court relief against the seller, or disclaiming a Warranty (i.e., a statement of fact

concerning the nature or caliber of goods sold the seller, given in order to induce the sale, and relied

upon by the purchaser).

Unconscionability is ascertained by examining the circumstances of the parties when the contract was

made. This doctrine is applied only where it would be an affront to the integrity of the judicial system

to enforce such a contract.

Adhesion Contracts Adhesion contracts are those that are drafted by the party who has the greater

bargaining advantage, providing the weaker party with only the opportunity to adhere to (i.e., to

accept) the contract or to reject it. (These types of contract are often described by the saying "Take it

or leave it.") They are frequently employed because most businesses could not transact business if it

were necessary to negotiate all of the terms of every contract. Not all adhesion contracts are

unconscionable, as the terms of such contracts do not necessarily exploit the party who assents to the

contract. Courts, however, often refuse to enforce contracts of adhesion on the grounds that a true

meeting of the minds never existed, or that there was no acceptance of the offer because the purchaser

actually had no choice in the bargain.

Aleatory Contracts An aleatory contract is a mutual agreement the effects of which are triggered by

the occurrence of an uncertain event. In this type of contract, one or both parties assume risk. A fire

insurance policy is a form of aleatory contract, as an insured will not receive the proceeds of the policy

unless a fire occurs, an event that is uncertain to occur.

Void and Voidable Contracts Contracts can be either void or Voidable. A void contract imposes no

legal rights or obligations upon the parties and is not enforceable by a court. It is, in effect, no contract

at all.

A voidable contract is a legally enforceable agreement, but it may be treated as never having been

binding on a party who was suffering from some legal disability or who was a victim of fraud at the

time of its execution. The contract is not void unless or until the party chooses to treat it as such by

opposing its enforcement. A voidable contract may be ratified either expressly or impliedly by the

party who has the right to avoid it. An express ratification occurs when that party who has become

legally competent to act declares that he or she accepts the terms and obligations of the contract. An

implied ratification occurs when the party, by his or her conduct, manifests an intent to ratify a

contract, such as by performing according to its terms. Ratification of a contract entails the same

elements as formation of a new contract. There must be intent and complete knowledge of all material

facts and circumstances. Oral Acknowledgment of a contract and a promise to perform constitute

sufficient ratification. The party who was legally competent at the time that a voidable contract was

signed may not, however, assert its voidable nature to escape the enforcement of its terms.

6. Describe about Elements of Contract in details?

Elements of a Contract

The requisites for formation of a legal contract are an offer, an acceptance, competent parties who

have the legal capacity to contract, lawful subject matter, mutuality of agreement, consideration,

mutuality of obligation, and, if required under the Statute of Frauds, a writing.

Offer An offer is a promise that is, by its terms, conditional upon an act, forbearance, or return

promise being given in exchange for the promise or its performance. It is a demonstration of

willingness to enter into a bargain, made so that another party is justified in understanding that his or

her assent to the bargain is invited and will conclude it. Any offer must consist of a statement of

present intent to enter a contract; a definite proposal that is certain in its terms; and communication of

the offer to the identified, prospective offeree. If any of these elements are missing, there is no offer to

form the basis of a contract.

Preliminary negotiations, advertisements, invitations to bid Preliminary negotiations are clearly

distinguished from offers because they contain no demonstration of present intent to form contractual

relations. No contract is formed when prospective purchasers respond to such terms, as they are

merely invitations or requests for an offer. Unless this interpretation is employed, any person in a

position similar to a seller who advertises goods in any medium would be liable for numerous

contracts when there is usually a limited quantity of merchandise for sale.An advertisement, price

quotation, or catalogue is customarily viewed as only an invitation to a customer to make an offer and

not as an offer itself. The courts reason that an establishment might not have sufficient stock to satisfy

potential demand and that it would not be reasonable for a customer to expect to form a binding

contract by responding to advertisements that are intended to make consumers aware of a product for

sale. In addition, the courts have held that an advertisement is an offer for a unilateral contract that can

be revoked at the will of the offeror, the business enterprise, prior to performance of its terms.

An exception exists, however, to the general rule on advertisements. When the quantity offered for

sale is specified and contains words of promise, such as "first come, first served," courts enforce the

contract where the store refuses to sell the product when the price is tendered. Where the offer is clear,

definite, and explicit, and no matters remain open for negotiation, acceptance of it completes the

contract. New conditions may not be imposed on the offer after it has been accepted by the

performance of its terms.

An advertisement or request for bids for the sale of particular property or the erection or construction

of a particular structure is merely an invitation for offers that cannot be accepted by any particular bid.

A submitted bid is, however, an offer, which upon acceptance by the offeree becomes a valid contract.

Mistake in sending offer If an intermediary, such as a telegraph company, errs in the transmission of

an offer, most courts hold that the party who selected that method of communication is bound by the

terms of the erroneous message. The same rule applies to acceptances. In reaching this result, courts

regard the telegraph company as the agent of the party who selected it. Other courts justify the rule on

business convenience. A few courts rule that if there is an error in transmission, there is no contract,

on the grounds that either the telegraph company is an Independent Contractor and not the sender's

agent, or there has been no meeting of the minds of the parties. However, an offeree who knows, or

should know, of the mistake in the transmission of an offer may not take advantage of the known

mistake by accepting the offer; he or she will be bound by the original terms of the offer.

Termination of an offer An offer remains open until the expiration of its specified time period or, if

there is no time limit, until a reasonable time has elapsed. A reasonable time is determined according

to what a reasonable person would consider sufficient time to accept the offer.

The death or insanity of either party, before an acceptance is communicated, causes an offer to expire.

If the offer has been accepted, the contract is binding, even if one of the parties dies thereafter. The

destruction of the subject matter of the contract; conditions that render the contract impossible to

perform; or the supervening illegality of the proposed contract results in the termination of the offer.

When the offeror, either verbally or by conduct, clearly demonstrates that the offer is no longer open,

the offer is considered revoked when learned by the offeree. Where an offer is made to the general

public, it can be revoked by furnishing public notice of its termination in the same way in which the

offer was publicized.

Irrevocable offers An option is a right that is purchased by a person in order to have an offer remain

open at agreed-upon price and terms, for a specified time, during which it is irrevocable. It constitutes

an exception to the general rule that an offer may be withdrawn prior to acceptance. The offeror may

not withdraw this offer because that party is bound by the consideration given by the offeree. The

offeree is free, however, to decide whether or not to accept the offer.

Most courts hold that an offer for a unilateral contract becomes irrevocable as soon as the offeree

starts to perform the requested act, because that action serves as consideration to prevent revocation of

the offer. Where it is doubtful whether the offer invites an act (as in the case of a unilateral contract) or

a promise (as in the case of a bilateral contract), the presumption is in favor of a promise, and

therefore a bilateral contract arises. If an offer to form a unilateral contract requires several acts, it is

interpreted as inviting acceptance by completion of the initial act. Performance of the balance

constitutes a condition to the offeror's duty of performance. Where such an offer invites only a single

act, it includes by implication a subsidiary promise to keep the offer open if the offeree will

commence performance. Some courts hold that an offer for a unilateral contract may be revoked at any

time prior to completion of the act bargained for, even after the offeree has partially performed

it.Rejection of an offer An offer is rejected when the offeror is justified in understanding from the

words or conduct of the offeree that he or she intends not to accept the offer, or to take it under further

advisement. Rejection might come in the form of an express refusal to accept an offer by a

counteroffer, which is a new proposal that rejects the offer by implication; or by a conditional

acceptance that operates as a counteroffer. The offer may continue, however, if the offeree expressly

states that the counteroffer shall not constitute a rejection of the offer.

If an offer is rejected, the party who made the original offer no longer has any liability for that offer.

The party who rejected the offer may not subsequently, at his or her own option, convert the same

offer into a contract by a subsequent acceptance. In such a case, the consent of the offeror must be

obtained for a contract to be formed.

Acceptance Acceptance of an offer is an expression of assent to its terms. It must be made by the

offeree in a manner requested or authorized by the offeror. An acceptance is valid only if the offeree

knows of the offer; the offeree manifests an intention to accept; the acceptance is unequivocal and

unconditional; and the acceptance is manifested according to the terms of the offer.

The determination of a valid acceptance is governed by whether a promise or an act by the offeree was

the bargained-for response. Since the acceptance of a unilateral contract requires an act rather than a

promise, it is unnecessary to furnish notice of intended performance unless the offeror requested it. If,

however, the offeree has reason to believe that the offeror will not learn of the acceptance with

reasonable promptness, the duty of the offeror is discharged unless the offeree makes a reasonable

attempt to give notice; the offeror learns of the performance; or the offer indicates that no notice is

required.

In bilateral contracts, the offer is effective when the offeree receives it. The offeree may accept it until

the offeree receives notice of revocation from the offeror. Thereafter, an offer is revoked. Under the

majority rule, which is known as the "mailbox rule," an acceptance is effective upon dispatch if the

offeror explicitly authorizes that method of acceptance to be employed by the offeree, even if the

acceptance is lost or destroyed in transit.

The majority rule is inapplicable, however, unless the acceptance is properly addressed and postage

prepaid. It has no application to most option contracts, as acceptance of an option contract is effective

only when received by the offeror.

If the acceptance mode used by the offeree is implicitly authorized by the offeror, such as the selection

by the offeree of the same method used by the offeror, who neglected to designate a method of

communication, an acceptance is effective upon dispatch if it is correctly addressed and the expense of

its conveyance is prepaid. As with expressly authorized methods, the acceptance need not ever reach

the offeror in order to form the contract.

In some jurisdictions, the use of a method not expressly or impliedly authorized by the offeror, even if

more rapid in nature, results in a contract only upon receipt of the acceptance. In most jurisdictions,

however, if the acceptance mode is inherently faster, it is deemed to be an impliedly authorized means,

and acceptance is effective upon dispatch.

If the acceptance is transmitted by an expressly or impliedly authorized method to the wrong address,

it is effective only upon receipt by the offeror. A wrong address is any address other than that

implicitly authorized, even if the offeror were in a position to receive the acceptance at the substituted

address.

An offeror who specifically states that there is no contract until the acceptance is received is entitled to

insist upon the condition of receipt or upon any other provision concerning the manner and time of

acceptance specified.

Rejection of the offer or revocation of conditional acceptance is effective upon receipt. A late or

defective acceptance is treated as a counteroffer, which will not result in a contract unless the offeror

accepts it. If offers cross in the mail, there will be no binding contract, as an offer may not be accepted

if there is no knowledge of it.

As a general rule, an offer may be accepted only by the offeree or an authorized agent. If, however, the

offer is contained in an option contract, it may be the subject of an assignment or transfer without the

consent of the offeror, unless the option involves a purchase on credit or expressly prohibits an

assignment.

In contracts that do not involve the sale of goods, acceptance must comply exactly with the

requirements of the offer (this is known as the "mirror-image rule"), and must omit nothing from the

promise or performance requested. An offer of a prize in a contest, for example, becomes a binding

contract when a contestant successfully complies with the terms of the offer. If a response to an offer

purports to accept it, but adds qualifications or conditions, then it is a counteroffer and not an

acceptance.

Acceptance may be inferred from the offeree's acts, conduct, or silence; but as a general rule, silence,

without more, can never constitute acceptance. The effect of silence accompanied by Ambiguity must

be ascertained from all the circumstances in the case.

Prior dealings between the parties may create a duty to act. Silence or the failure to take some action

under such circumstances might constitute acceptance. For example, if the parties have engaged in a

series of business transactions involving the mailing of goods and payment by the recipient, the

recipient will not be permitted to retain an article without paying for it within a reasonable time, due to

their prior dealings. A recipient who does not intend to accept the goods is under a duty to inform the

sender. Silence, where there is a duty to speak, prevents the offeree from rejecting an offer and the

offeror from claiming that there is no acceptance. If ownership rights are exercised over an item, this

might be deemed an acceptance.

Unsolicited goods At Common Law, the recipient of unsolicited goods in the mail was not required to

accept or to return them, but if the goods were used, a contract and a concomitant obligation to pay for

them were created. Today, in order to offer protection against unwanted solicitations, some state

statutes have modified the common-law rule by providing that where unsolicited merchandise is

received as part of an offer to sell, the goods are an out-right gift. The recipient may use the goods and

is under no duty to return or pay for them unless he or she knows that they were sent by mistake.

7. Analysis of Rates in construction – Explain.

In order to determine the rate of a particular item, the factors affecting the rate of that item are studied

carefully and then finally a rate is decided for that item. This process of determining the rates of an

item is termed as analysis of rates or rate analysis.

The rate of particular item of work depends on the following:

1. Specifications of works and material about their quality, proportion and constructional operation

method.

2. Quantity of materials and their costs.

3. Cost of labours and their wages.

4. Location of site of work and the distances from source and conveyance charges.

5. Overhead and establishment charges

6. Profit

Cost of materials at source and at site of construction:

The costs of materials are taken as delivered at site inclusive of the transport local taxes and other

charges.

Purpose of Analysis of rates:

Purpose of Analysis of rates:

1. To work out the actual cost of per unit of the items.

2. To work out the economical use of materials and processes in completing the particulars item.

3. To work out the cost of extra items which are not provided in the contract bond, but are to be done

as per the directions of the department.

4. To revise the schedule of rates due to increase in the cost of material and labour or due to change in

technique.

Cost of labour -types of labour, standard schedule of rates:

The labour can be classified in to

1) Skilled – 1st class

2) Skilled – 2d Class

3) Unskilled

The labour charges can be obtained from the standard schedule of rates 30% of the skilled labour

provided in the data may be taken as Ist class, remaining 70% as II class. The rates of materials for

Government works are fixed by the superintendent Engineer for his circle every year and approved by

the Board of Chief Engineers. These rates are incorporated in the standard schedule of rates.

Lead statement: The distance between the source of availability of material and construction site is

known as “Lead ” and is expected in Km. The cost of conveyance of material depends on lead.

This statement will give the total cost of materials per unit item. It includes first cost, conveyance

loading, unloading stacking, charges etc.

The rate shown in the lead statement are for metalled road and include loading and staking charges.

The environment lead on the metalled roads are arrived by multiplying by a factor.

a) For metal tracks – Lead x 1.0

b) For cartze tracks – Lead x 1.1

c) For Sandy tracks – Lead x 1.4