Contracts & Tenders - PPM
Contracts & Tenders - PPM
What is a Contract?
A contract is a legally binding document that outlines the terms and conditions of an agreement. It is made between two or more parties, and
each party has to follow the rules stated in the contract. It is legally binding and enforceable by law if any parties decide not to follow the set
of rules or promises written in the contract. Two important features of the contract are agreement and enforcement. Both parties should have
an agreement first before forming a contract. And the contract formed can be enforced by law.
In short, we can define an agreement as: Contract = Agreement + Enforceable by Law
Example: Suppose you rent an apartment after shifting to another city because of work. Your landlord asks you to sign a lease agreement
document. The document outlines the rental terms, such as how much you will pay each month, how long the lease will last, what will happen
if you violate any of the terms of the agreement, etc. After reading the document thoroughly, you and your landlord both signed the document.
Now, you and the landlord are obligated to follow the rules in the lease agreement document. This document now acts as a contract; if any
party fails to fulfill the obligations, the other party can enforce the terms using the law.
Agreement vs Contract
Contract Agreement
A legally binding document that outlines the terms and conditions of an agreement A mutual understanding or meeting of the minds
between two or more parties. between two or more parties.
Yes, it is legally binding and enforceable May not be
Formal written documents that spell out the terms and conditions of the agreement Mostly informal, may be oral or written
They are mainly used for business activities. There are primarily used by friends, family, etc.
Used in a narrow sense with the specification that contract is only legally enforceable It’s a wider term including both legal and social
agreement agreement
There should be some consideration while forming a contract. Agreements can be formed without consideration.
Section 2 (h) of the Indian Contract Act, 1872 Section 2 (e) of the Indian Contract Act, 1872
Involve the exchange of something of value between the parties, such as money, goods,
May not involve any exchange of value.
services, etc.,
Create legal obligations that must be fulfilled by the parties May not create any legal obligations.
Tend to be more detailed and complex than agreements, specifying the rights and
Less detailed and simple
obligations of all parties.
Enforceable by law if any party tries to step back from the pre-decided rules or decides
May not be legally enforceable
to not fulfill their agreed-upon obligations.
Disadvantages:
▪ There is a higher risk for the contractor, and they may include a risk premium in their bid to cover unforeseen circumstances
▪ Limited flexibility for changes in design or scope.
▪ Proper change order documentation is required which could be time-consuming.
▪ Higher fixed price due to unforeseen conditions.
▪ The contractor selection usually takes longer.
▪ The design has to be completed before the start of activities.
▪ Change orders could be rejected by the owner.
▪ It increases the adversarial relationship among the stakeholders of the project.
▪ The contractor has a freedom to choose its own methods.
▪ Potential for disputes between the client and the contractor, due to for example unbalanced bids, change orders, design changes, and
compensation for early completion.
Types of Contracts: Cost Plus Fixed Fee Contract
A type of contract where the buyer agrees to cover the actual costs, risks, and a fixed fee payment that is usually calculated as a percentage of the
initial estimated project costs. This contract is often used when the scope of the work cannot be precisely defined at the time of the agreement,
and there are doubts about potential changes and variations in the course of the project.
In a CPFF contract, the buyer agrees to reimburse the supplier for the allowable costs of the project. These could be direct costs, such as labor,
materials, and equipment, and indirect costs, such as administrative overhead. In addition to this, the buyer also pays a pre-negotiated fixed fee,
which represents the contractor’s profit.
The formula for cost plus fixed fee calculation is: Total Contract Value = Actual Costs + Fixed Fee
Examples: Complex or long-term projects where precise costs are difficult to estimate upfront like Research and Development Projects, Defense
Contracts, Construction Projects etc.
Advantages:
• Flexibility: Particularly when the scope of the project is uncertain or likely to change. The buyer can alter the project’s specifications without
negotiating a new contract price.
• Transparency: These contracts also provide transparency because the contractor must account for all costs. The client can audit and inspect the
contractor’s records.
• Fair Profit: The contractor is guaranteed a fair profit as long as the contract is in force, regardless of changes in the project’s scope or
unforeseen challenges.
Disadvantages:
• Uncertain Costs: There is uncertainty around final cost. If project expenses exceed the estimated costs, the buyer must shoulder the expense.
• Limited Incentive for Efficiency: Since all actual costs are covered, contractors may lack the incentive to control costs or work efficiently.
• Administrative Burden: Can require more administrative effort because of the need to monitor, document, and verify costs continually.
Types of Contracts: Cost Plus Bid Fee Contract
A Cost-Plus Bid Fee Contract is a type of contract used in construction or project management where the contractor is
reimbursed for the actual costs incurred during the project (materials, labor, etc.) plus an additional fee or percentage.
In this particular variant, the fee is determined through a bidding process and typically consists of two components:
1. Cost Reimbursement: The contractor is reimbursed for the actual expenses they incur in completing the project. These
costs could include direct expenses like materials, labor, equipment, and any other project-specific expenditures.
2. Bid Fee: Instead of a pre-determined fee, the contractor's profit or management fee is established through a competitive
bidding process. Contractors bid on the fee amount (often a percentage of the project cost), and the owner selects the
contractor based on that bid. This fee could be a fixed amount or a percentage of the total cost.
Advantages: Disadvantages:
• Flexibility with uncertain costs • Risk of cost overruns
• Risk Sharing • Limited Incentive for Cost Control
• Transparency • Administrative Burden
• Bid Competition • Complex Bidding Process
• Quality Emphasis • Unclear Final Cost
This type of contract structure works well for complex or unpredictable projects where precise costs are hard to estimate at the
outset.
Types of Contracts: Unit Price (Measurement) Contract
The project is divided into measurable units (e.g., cubic meters of concrete), and the contractor is paid based on the actual quantity of work
performed at predetermined unit rates. This type of contract is based on estimated quantities of the items involved in the work. The cost per
unit of each item is bid by the contractor and the estimated quantities of these items are given by the owner. The works are carried out in
accordance with the contract documents. The total sum of money paid to the contractor for each item of work cannot be determined until
completion of the contract, because payment is made only on the basis of the units of the work actually done and measured in the field. As a
result, the total cost of construction can be determined by the owner only after the completion of project. The contractor is obligated to
perform the quantities of the work actually required in the field at his quoted unit prices whether they are greater or less than the owner's
estimates. This method is also called K-2 form of contract.
Key Features:
❑ Payment is made for each unit of work completed, based on actual quantities.
❑ Commonly used when the exact quantities of work are uncertain at the start of the project.
Advantages:
❑ Flexibility in accommodating changes in quantities.
❑ Suitable for projects like road construction or earthworks.
Disadvantages:
❑ Final cost is uncertain until project completion.
❑ More oversight is required to measure and verify quantities accurately.
❑ The tendency among the contractors is the request for a clause, wherein, if the quantities of any item exceed the estimated one, then there
should be a percentage increase in the unit price of that particular item. This clause, if introduced, will to some extent, aid the contractor
whereas, it will make it more difficult to forecast the project cost.
Types of Contracts: Guaranteed Maximum Price Contract
This method is often used as either a direct substitute for a lump-sum or cost-plus or modification of either contracting system.
No owner wishes or is in a position to issue a blank check for building a new facility; all new buildings, improvements,
maintenance or repairs are accomplished within pre-established budgets. If the budget is exceeded, new appropriations must be
sought. In many instances, first budgets are final cost ceilings and if cost increases during design and construction are
identified, the scope must be modified or bay reduced to effect cost sharings.
Prior to the start of construction, the contractor agrees to perform the work within a certain price ceiling. This is the maximum
or guaranteed price agreed upon. If the ceiling is exceeded, the excess cost is borne by the contractor unless there has been an
increase in the scope of the project, in which instance, a change order would be issued reflecting the cost adjustment, as it
would under the lump-sum form of contract.
Conversely, if the work is accomplished below the ceiling, the owner pays no more than actual costs incurred. Many times, this
method is utilized to provide an incentive; if the costs are less than the agreed upon ceiling, the savings are shared by owner
and contractor on a predetermined ratio.
This method of contracting usually gives the owner greater flexibility. The need for flexibility is usually twofold, for purpose
of time and lack of definition of project requirements.
This contract is commonly used in construction projects where the project scope is relatively well-defined, but some flexibility
is still needed.
Types of Contracts: Negotiated Contract (Competitive and Noncompetitive)
In this type of contract, terms, scope, and price of the work are negotiated directly between the owner and the contractor.
In contrast to open bidding, where the lowest bid often wins, a negotiated contract allows for discussions and adjustments to the contract terms
before both parties reach an agreement.
There are many elements common to cost plus method and this traditional method of contracting, but the negotiated contract is often classified
separately. The end result of the negotiated contract can be lump-sum or cost-plus. It is however, dependent upon plan development status or
specific owner or project requirements.
Negotiated contracts can be divided into competitive and non-competitive forms:
1. Competitive Negotiated Contract:
❑ Multiple contractors are invited to negotiate with the project owner.
❑ The owner evaluates factors beyond just cost, such as the contractor’s experience, project approach, quality of work, availability of
personnel to accomplish work within required time frame, proposed method of compensation including amount of fee, etc.
❑ After negotiations, the owner selects the contractor who offers the best combination of price, expertise, and project plan.
2. Non-Competitive Negotiated Contract:
❑ The project owner directly selects a single contractor without opening the project to multiple bidders.
❑ The owner and the chosen contractor negotiate the contract terms, including price, scope, and timeline.
❑ This approach is often used when the contractor has a long-standing relationship with the owner, has unique expertise, or for projects that
require fast execution.
Best suited for projects where collaboration, quality, and flexibility are more important than simply selecting the lowest bid, or when a project
requires rapid execution and the owner needs to work with a trusted contractor.
Types of Contracts: Negotiated Contract (Competitive and Noncompetitive)
Advantages:
1. Collaboration and Flexibility
2. Better Quality and Expertise
3. Time-Saving (Especially in Non-Competitive Contracts)
4. Cost Certainty through Discussion
5. Customization
Disadvantages:
1. Potential for Higher Costs
2. Lack of Transparency
3. Limited Cost Control in Non-Competitive Negotiations
4. Complex Negotiation Process
5. Risk of Relationship Over Merit
6. Risk of Unbalanced Contract Terms
Risks: Owners face higher costs in non-competitive contracts, and the negotiation process can become complex or imbalanced
if one party has more influence over the terms.
Types of Contracts: Design Build Contract
As the term implies, this approach establishes a single administrative, management and professional responsibility for the two
separate functions of design and construction. The owner enters into one agreement with the contractor for both. The method
of contracting can be any of the traditional methods or modifications. This is a combined contract that streamlines
communication between design and construction teams.
This method can also be used to obtain comparative designs and construction approaches from separate teams or groups. This
method can be utilised by seeking competitive proposals to meet an owner's pre-established criteria within the pre-established
budget. Such proposals will be utilised to establish final design criteria and total project requirements.
Key Features:
❑ One entity (contractor or firm) handles both design and construction, which can reduce project duration.
❑ Allows for more innovation and collaboration between the design and construction teams.
Advantages:
❑ Faster project delivery due to overlapping design and construction phases.
❑ Better communication and fewer disputes between designers and contractors.
Disadvantages:
❑ The owner has less control over the design process.
❑ Potential conflicts of interest if the contractor prioritizes cost savings over design quality.
Types of Contracts: Turn Key Contract
Turn-key construction also utilises a single contract for all functions (such as complete design, construction, and sometimes the operation of
the project until it is ready for use). There is one administrative, management and professional responsibility for design and construction.
There is a single party under contract to an owner to fulfil these functions in addition to other functions that may be necessary (like site
selection, land acquisition and financing all tasks) to implement a project. The owner simply "turns the key" to a finished facility.
The turn-key contractor, however, has a direct financial interest in the work and final product. He is in the business to build the facility. The
cost of construction is the largest single cost incurred in the development of a facility from time of inception to start the operation.
The capability of a company in this type of contract is not only technical but also includes financial resources that enable a single company to
assume multi-million dollar commitments. Although the owner or ultimate consumer, as the beneficiary of the work to be accomplished, will
eventually pay for all costs, interim financing or even arranging financing can be part of the turn-key function and service.
Key Features:
❑ The contractor assumes full responsibility for delivering the project fully operational.
❑ Common in large infrastructure projects like power plants, airports, or industrial facilities.
Advantages:
❑ Minimal involvement required from the owner.
❑ Simplifies the process by having one party responsible for the entire project.
Disadvantages:
❑ High reliance on the contractor’s expertise.
❑ The owner has less control over the design and construction process.
Types of Contracts:
Time and Materials Contract Incentive Contract
The contractor is paid based on the time spent on the Contracts that include financial incentives for the
project (labor hours) and the cost of materials used, plus contractor to meet or exceed specific performance targets
a markup for overhead and profit. (e.g., completing the project ahead of schedule or under
budget).
Key Features:
❑ Often used for small-scale or emergency projects Key Features:
where the scope is unclear. ❑ Rewards the contractor with a bonus if certain
❑ Payment is based on actual hours worked and performance criteria are met.
materials used, typically with a pre-agreed rate. ❑ Penalties may apply if targets are missed (e.g.,
liquidated damages for delays).
Advantages:
❑ Flexibility for scope changes or work in progress. Advantages:
❑ Suitable for projects with unpredictable or changing ❑ Encourages contractors to work efficiently and within
requirements. budget.
❑ Can help control project costs and timelines.
Disadvantages:
❑ High risk of cost overruns for the client. Disadvantages:
❑ Requires close monitoring and detailed tracking of ❑ Determining fair incentive structures can be complex.
time and materials. ❑ Potential for disputes over performance metrics.
Types of Contracts:
Performance Based Contract Joint Venture Contract
The contractor is paid based on achieving specific Multiple parties form a joint venture (usually two or more
performance criteria, such as functionality, quality, or contractors) to collaborate on a specific project, sharing risks,
efficiency. Payments are linked to the quality of outcomes responsibilities, and profits.
rather than just the completion of tasks.
Key Features:
Key Features: ❑ Used for large and complex projects where resources and
❑ Focuses on long-term performance rather than expertise need to be pooled.
immediate construction outcomes. ❑ The joint venture is typically a temporary legal entity
❑ Typically used in maintenance or operational contracts created solely for the duration of the project.
(e.g., road maintenance).
Advantages:
Advantages: ❑ Enables collaboration on large-scale projects that would be
❑ Aligns contractor incentives with the desired long-term difficult for one firm to manage alone.
outcomes. ❑ Spreads risk across multiple parties.
❑ Reduces the risk of poor-quality work.
Disadvantages:
Disadvantages: ❑ Potential conflicts between joint venture partners.
❑ Requires clear and measurable performance indicators. ❑ Requires clear agreements on roles, responsibilities, and
❑ May lead to disputes if performance criteria are not profit-sharing.
well-defined.
Types of Contracts: EPC Contract
The EPC (Engineering, Procurement, and Construction) contract is a form of design-build contract where the contractor is
responsible for engineering, procuring materials, and constructing the project.
Key Features:
❑ Commonly used in large infrastructure projects like power plants and refineries.
❑ The contractor delivers a fully operational facility.
Advantages:
❑ Single point of responsibility for design, procurement, and construction.
❑ Reduces risk for the client as the contractor handles everything.
Disadvantages:
❑ Higher cost compared to other contracts due to the contractor’s additional responsibilities.
❑ Less control for the owner over design and procurement.
Each type of contract in civil engineering serves a specific purpose depending on the project’s complexity, risk allocation, and
desired outcomes. Choosing the appropriate contract type helps manage risk, control costs, and ensure project success. Lump
sum contracts offer simplicity and cost certainty, while cost-plus and time and materials contracts provide flexibility. Design-
build and turnkey contracts streamline project delivery, and incentive or performance-based contracts align contractor
performance with project goals.
Comparison between Design Build, Turnkey and EPC Contracts
Tenders and Tendering Process
Tenders
A tender is a formal process through which organizations (often public bodies or private companies) invite suppliers,
contractors, or service providers to submit bids or proposals for the supply of goods, services, or construction work.
Tendering
Tendering is commonly used in construction projects, procurement of goods and services, and public sector contracts, where
there is a legal or ethical requirement to invite competitive bids to ensure value for money.
Whenever a government agency or a firm wants certain works to be done, services to be rendered or any purchases to be made,
they float tenders in order to get the work done at competitive prices. The person who quotes the lowest price agreeing to the
terms and conditions imposed on him, will have to sign an agreement stating that he will perform the said work as per
requirement of the owner/ client.
The goal of the tendering process is to ensure transparency, fairness, and competition, allowing the organization to select the
best offer based on price, quality, and other criteria.
Key Features:
❑ Calling of tenders and entrusting the works based on these tenders, enables the owner/client to get the work done at
least cost.
❑ The selection of contractors can be made based on his experience and capacity.
❑ By this method of awarding works, personal interests, prejudices, preferences, partiality etc. can be avoided.
Types of Tenders
1. Open Tender:
❑ This type of tender invites the contractors to bid by open advertisement in the Indian Trade Journals and other newspapers.
❑ Any interested contractor or supplier can submit a bid.
❑ This is the most transparent process, ensuring maximum competition.
2. Selective/Limited Tender:
❑ Only pre-qualified contractors or suppliers are invited to bid.
❑ This process is used when the project requires specific expertise or qualifications.
3. Negotiated Tender:
❑ The contract is directly negotiated with one or more contractors without a competitive bidding process.
❑ Used for projects requiring rapid execution or specialized skills.
❑ If the invitation is to only one firm to render a service by quoting their rates, it is called single tender. If the client finds that the
quoted rates are too high, then there may be negotiations prior to the agreement of the contract.
4. Single-Stage and Two-Stage Tender:
❑ In a single-stage tender, all bid information is submitted at once.
❑ In a two-stage tender, initial bids are submitted with limited information (Stage 1), followed by a more detailed second bid after
further negotiations (Stage 2).
5. Rate Contract:
❑ This contract is normally used for supply of store items.
❑ It specifies the supply at a fixed rate during the period of contract.
❑ The quantities are not mentioned in this type of contract and the contractor is bound to accept any order which would be placed
before him.
Tender Notice
Whenever an agency or a firm wants to float tenders, they are to follow certain procedures. The tenders are to be given
publicity in leading dailies by way of advertisement. A time duration of about a month may be given for the submission of
tenders.
The tenders are opened by the concerned officer at the place and time mentioned in the tender. The contractors or their
representatives are to be present during the opening of the tenders.
There may be cases when the works are to be completed quickly or no contractor prefers to offer his acceptance when a tender
is floated. In such a case, a notice with short duration is again published by the client. Such tender notice is called short tender
notice. But the terms and conditions remain the same as that of ordinary tender notice.
Sometimes, for small jobs, quotations are invited from contractors and the work is awarded based on the quoted amount and
the experience of the contractor.
Tendering Procedure
1. Preparation of Tender Documents:
❑ The client (project owner or organization) prepares the tender documents, which provide potential bidders with all the necessary
information to submit a bid. These documents often include:
• Scope of Work: Detailed description of the project or service required.
• Specifications: Technical requirements, materials, quality standards.
• Instructions to Bidders: Guidelines for submitting the bid, including deadlines.
• Contract Terms: Terms and conditions, including payment schedules, timelines, and penalties for delays.
• Evaluation Criteria: The criteria that will be used to assess bids, such as price, quality, experience, and technical expertise.
Following are parts of tender documents:
1. General conditions of tender 2. Schedule of items of work with clear specifications 3. Special conditions
Besides the above details, the following particulars must be furnished in the tender documents.
• Location of work. • Division in which the location is situated.
• Approximate quantity of work under each item. • Nearest rail/road link.
• Details of nearby availability of materials like brick, jelly. • Hire charges that will be charged by the client for lorries,
• Designation of the arbitration authority in case of disputes. tools and plants when issued from client's store.
• Rate for supply of power and the point of supply. • Location of water supply point.
• Time for completion and the progress to be made at intervals of time. • Condition regarding employment of technical personnel.
• Details of specific material, processes and methods to be adopted in work. • Weather conditions in the area and period of operation.
• Amount of E.M.D. and the form in which it has to be paid. • Insistence on income tax and sales tax clearance certificates.
• Power of rejecting tenders without assigning reasons. • Penalty conditions for slow progress and delay in the
completion of work.
Tendering Procedure
2. Advertisement of Tender:
❑ For open tenders, the client advertises the tender opportunity publicly, often through:
• Newspapers.
• Online tender portals.
• Official government websites (for public tenders).
• For selective or negotiated tenders, the client directly invites pre-qualified contractors or suppliers to participate.
3. Submission of Bids:
❑ Interested contractors or suppliers prepare and submit their bids according to the instructions in the tender documents.
The bid will typically include:
• Cost Estimate or Pricing: The proposed price for completing the project.
• Technical Proposal: Detailed explanation of how the contractor will complete the project.
• Credentials: Information about the contractor’s experience, qualifications, and resources.
• Compliance Statements: Confirmation that the bidder meets the tender requirements.
4. Opening of Bids:
❑ After the submission deadline, the bids are opened, often in the presence of authorized personnel or sometimes publicly
to ensure transparency (especially in public tenders).
❑ All submitted bids are recorded and evaluated for compliance with the tender requirements.
Tendering Procedure
5. Evaluation of Bids:
❑ The client evaluates the bids based on the pre-determined evaluation criteria. Key factors in evaluation may include:
• Cost: Lowest bid may not always win; quality and other factors are also considered.
• Technical Capability: Experience, quality of the proposal, and resources to complete the project.
• Compliance: Ensuring that bids meet the technical and legal requirements.
❑ A bid evaluation committee might be formed to ensure that bids are fairly assessed.
6. Awarding of the Contract:
❑ Once the bids are evaluated, the contract is awarded to the most suitable bidder. This is often referred to as the
winning bid, which may not always be the lowest in price but the one that offers the best value for money based on the
evaluation criteria.
❑ The client may issue a letter of intent to notify the winning bidder before finalizing the contract.
7. Signing of the Contract:
❑ The winning contractor and the client formally sign the contract. The contract will include the terms agreed upon in the
tender process, along with any final negotiations or clarifications made during the evaluation process.
8. Contract Execution and Monitoring:
❑ Once the contract is signed, the contractor begins work. The client monitors the work to ensure that it complies with
the contract terms, scope, and quality standards.
❑ Payment is typically made according to the agreed schedule or milestones in the contract.
Positives and Negatives of Tendering
8. The client may sometimes display an opening bid price; this will be an indicative guide to bidders. From this point
onwards, all bids will progress downwards during the duration of the e-Auction. The client may set the e-Auction
parameters so as not to allow bidders to start their bidding higher than the opening bid price.
9. Each bidder will receive feedback on its own ranking in relation to the other bidders.
10. Each bidder will be able to submit as many new bids as they wish up to the closing time of the e-Auction; the rankings will
be revised accordingly.
12. The client will have an opportunity to review the bids to ensure that quality, service and other value-adding considerations
are met
13. Once the review process has been carried out, the contract ill be awarded to the successful bidder against the criteria that
were established at the outset.
Advantages of On-line Bidding
❑ Many of the advantages listed can also be found in other procurement processes
❑ On-line tendering is a method of standardising the procurement process
❑ Preferred bidders are all contained within a single database
❑ Bidders can be monitored
❑ Good control of bidders' submissions
❑ Easy comparison of bids
❑ Confidence in validity and integrity of contractual documentation
❑ Time benefits' reduction in paperwork, postage, photocopying
❑ Ease and speed of communication to multiple bidders
❑ Audit trail for documentation
❑ Secure bidding environment
❑ Better efficiency in the process
❑ Potential for access to competitors' bids
❑ The ability to submit more than one bid
Earnest Money Deposit (EMD) Security Deposit (SD)
While submitting the tender, the contractor will have to deposit Once the tender of a contractor is accepted by the
an amount which is about 2% of the estimated contract value of client, the contractor is to deposit about 10% of
the project. This amount is called EMD - Earnest Money the tender amount with the client. This amount is
Deposit. inclusive of the EMD already paid by him. This
amount is called SD-Security Deposit.
This amount is collected in order to avoid the contractor from
refusing to accept the contract, once he is awarded the work. This deposit serves as guarantee that the
But the EMD of unsuccessful contractors will be refunded to contractor performs the works as per
them. specifications and maintains satisfactory progress.
The EMD is also collected to avoid unnecessary competition The SD is refunded to the contractor generally
by avoiding the contractors who may not have sound financial after the maintenance period of 6 or 12 months
status. from the date of handover of the works to the
client.
Also, if the lowest quoted contractor refuses to take up the
work, his EMD will be forfeited by the client. This amount will During this period, if there is any defect in the
to some extent compensate for the loss suffered by the client, work, it will be rectified and the cost of
since he has to offer the job to the second lowest tenderer. rectification will be deducted from the SD.
Safety in Construction
Importance of Safety in Construction
❑ The construction industry, employing the largest labour force in the country has accounted for about 11% of all occupational
injuries and 20% of all deaths resulting from occupational accidents. The cost of accidents is expensive. However, economic cost is
not the only reason for which a contractor should be conscious of construction safety.
❑ The reasons for considering safety include:
1. Humanitarian Concern. When the accident happens, the resulting suffering of the injured workers and their families is
difficult to quantify in economic terms. The contractor should never ignore this even if he has insurance against accidents.
2. Economic Reasons. Even if a contractor has insurance, he will find out that the cost of accidents will come out of his own
pocket through an increase in insurance premiums. In addition, there are other indirect costs that result from accidents.
The direct and indirect cost of accidents can be: Indirect Cost:
Direct Cost: (a) Slowdown in operation.
(a) Medical care expenses for injured. (b) Decrease in morale which affects productivity.
(b) Workmen's compensation costs. (c) Productive time lost by injured worker and fellow
(c) Insurance premium increases. workers.
(d) Replacement cost of equipment and material damaged in accidents. (d) Administrative work associated with accident.
(e) Facility repair and cleanup. (e) Loss of clients' confidence.
(f) Fees for legal counsel. (f) Overtime necessitated by work slowdown.
3. Laws and Regulations. As per different acts and laws, the employer should look after the safety of the employee. Violation
of these laws will be subject to punishment.
4. Organizational Image. A good safety record can produce higher morale and productivity and stronger employee loyalty. It
will also improve the company's public image and therefore, make it easier to acquire negotiated jobs.
Causes of Accidents
❑ There are as many possible causes of accidents as there are occasions. Among these are: technical defects in equipment and
methods of work, defects in organisation and dangerous acts by workers.
❑ To these have to be added those causes that come from the nature of construction operations themselves defects in planning and
construction, constant changes in workplace and task, and the friction often found when workers from different trades are working
in close proximity to each other.
❑ In the following list, the causes of accidents have been grouped according to their nature.
1. Planning, Organisation
(a) Defects in technical planning; (b) Fixing unsuitable time-limits; (c) Assignment of work to incompetent contractors;
(d) Insufficient or defective supervision of the work;
(e) Lack of co-operation between different trades.
2. Execution of Work
(a) Constructional defects; (b) Use of unsuitable materials;
(c) Defective processing of materials.
3. Equipment
(a) Lack of equipment; (b) Unsuitable equipment; (c) Defects in equipment;
(d) Lack of safety devices or measures.
4. Management and conduct of work
(a) Inadequate preparation of work; (b) Inadequate examination of equipment;
(c) Imprecise or inadequate instructions from supervisor, (d) Inadequate supervision.
(e) Unskilled or untrained operatives;
5. Worker's Behaviour:
(a) Irresponsible acts; (b) Unauthorised acts; (c) Carelessness.
Classification of Construction Accidents
The construction accidents can be classified under the following three groups:
1. According to the cause of occurrence
A Safety Management System provides a structured framework for managing safety risks in the workplace, ensuring that
hazards are identified, risks are controlled, and continuous improvements are made. While implementing an SMS may present
challenges, the benefits in terms of reduced accidents, regulatory compliance, and cost savings make it an essential component
of modern workplace safety practices.
Safety Training
Safety Training is an essential part of an organization's overall safety management plan. It provides workers with the knowledge, skills, and
awareness necessary to prevent accidents, recognize potential hazards, and respond appropriately in emergency situations. Safety training aims
to create a safety-conscious workforce that actively participates in maintaining a safe work environment.
Training Types:
❑ Induction Training: New employees receive orientation on workplace safety policies, procedures, and potential hazards. This ensures
that workers start their jobs with an understanding of safety requirements.
❑ Job-Specific Training: Focuses on the specific risks and safety measures associated with a particular job or task, such as handling
machinery, hazardous materials, or working at heights.
❑ Ongoing/Refresher Training: Ensures employees stay updated on safety practices, new equipment, or changes in safety regulations.
Refresher training helps reinforce important safety concepts over time.
❑ Emergency Training: Prepares workers to respond to emergencies like fires, chemical spills, or injuries. This includes drills,
evacuation procedures, and first aid training.
Content of Safety Training:
❑ Hazard Identification: Training workers to recognize potential hazards in their workplace and how to report them.
❑ Personal Protective Equipment (PPE): Instructing employees on the correct use, maintenance, and limitations of PPE such as
helmets, gloves, safety glasses, and harnesses.
❑ Safe Work Procedures: Teaching standard operating procedures (SOPs) for specific tasks or machinery to ensure they are performed
safely.
❑ Emergency Response Procedures: Providing training on what to do in case of an accident, fire, explosion, or medical emergency,
including how to evacuate, call for help, and administer first aid.
❑ Ergonomics and Manual Handling: Training employees on proper lifting techniques and ergonomic practices to prevent
musculoskeletal injuries.
Safety Training
Methods of Delivery:
❑ Classroom/Instructor-Led Training: Traditional training sessions where employees are taught safety concepts by an expert.
❑ On-the-Job Training: Practical, hands-on training conducted in the workplace, where workers practice safety protocols under
supervision.
❑ E-Learning: Online courses, videos, and simulations that allow employees to learn safety topics at their own pace.
❑ Toolbox Talks: Short, informal safety meetings held regularly at the worksite to address specific safety topics and remind
employees of key safety practices.
Importance of Safety Training:
❑ Accident Prevention: Well-trained employees are more aware of hazards and know how to avoid accidents.
❑ Regulatory Compliance: Many industries have legal requirements for employee safety training. For example, OSHA in the
U.S. mandates specific training for workers in hazardous environments.
❑ Increased Productivity: Workers who understand how to perform tasks safely are less likely to take time off due to injuries,
contributing to higher productivity.
❑ Positive Safety Culture: Safety training helps foster a culture where employees take responsibility for their own safety and
the safety of their co-workers.
Challenges in Safety Training:
❑ Employee Engagement: Some employees may not take safety training seriously or may become disengaged during repetitive
sessions.
❑ Language Barriers: In workplaces with diverse workforces, language barriers may hinder effective training, requiring
translation or bilingual instruction.
❑ Scheduling Difficulties: In 24/7 operations or project-based industries like construction, it can be challenging to find time for
safety training without disrupting productivity.
Safety Audit
A Safety Audit is a systematic and independent examination of an organization's safety policies, procedures, and practices to ensure they
comply with regulatory standards, internal guidelines, and industry best practices. The purpose of a safety audit is to evaluate the effectiveness
of the safety management system (SMS) and identify areas for improvement.
Types of Safety Audits:
1. Internal Audit: Conducted by the organization’s own safety team or safety officer. These audits are often more frequent and can help
detect issues before they escalate.
2. External Audit: Performed by an independent third-party auditor to provide an objective evaluation of the safety practices. This may
be required for compliance with legal or regulatory standards.
3. Regulatory Audit: Performed by government or regulatory agencies to ensure compliance with health and safety laws.
Audit Process:
1. Planning: Auditors define the scope and objectives of the audit, determining which areas or processes will be reviewed (e.g.,
equipment safety, emergency procedures, PPE usage).
2. Document Review: Auditors examine safety policies, procedures, training records, incident reports, and regulatory documentation to
ensure all legal and internal requirements are met.
3. On-Site Inspection: Auditors visit the worksite to observe practices, inspect equipment, review PPE use, and interview workers and
supervisors about safety processes.
4. Risk Assessment: Auditors assess the workplace to identify potential hazards, such as electrical risks, fire hazards, slip-and-fall risks,
and hazardous materials.
5. Audit Report: The auditor compiles findings into a report, highlighting areas of compliance, non-compliance, and opportunities for
improvement. Recommendations for corrective actions are provided.
6. Follow-Up: After the audit, management implements corrective actions to address any issues identified. A follow-up audit may be
scheduled to ensure the changes are effective.
Safety Audit
Content of a Safety Audit:
❑ Compliance with Regulations: Ensuring the company meets all legal requirements related to workplace safety.
❑ Safety Procedures: Evaluating how well the company’s safety protocols are implemented and whether they are followed consistently.
❑ Incident Reporting: Reviewing records of past incidents and near-misses to ensure that reporting and investigation procedures are
effective and thorough.
❑ Employee Involvement: Assessing the level of employee participation in safety initiatives, such as reporting hazards, attending
training, and following safety procedures.
❑ Emergency Preparedness: Checking whether emergency procedures are in place, clearly communicated, and practiced regularly.
Benefits of Safety Audits:
❑ Improved Safety Performance: Audits help organizations identify gaps in their safety management systems and take action to correct
them, leading to fewer accidents and incidents.
❑ Regulatory Compliance: Regular audits ensure that organizations stay compliant with health and safety regulations, reducing the risk
of penalties or legal action.
❑ Continuous Improvement: Audits provide a framework for ongoing safety improvement, promoting a proactive approach to risk
management rather than reacting to incidents after they occur.
❑ Enhanced Accountability: Audits assign responsibility for safety performance and help create a culture of accountability, ensuring
everyone plays a role in maintaining a safe workplace.
Challenges of Conducting Safety Audits:
❑ Time-Consuming: Thorough audits require significant time and resources, especially in large or complex organizations.
❑ Resistance from Staff: Some employees or management may resist audits if they view them as unnecessary or disruptive.
❑ Cost: Hiring external auditors or taking time away from production for internal audits can be costly, though the investment often pays
off in terms of reduced accident rates and compliance.
Safety Training and Audit
❑ Safety Training is crucial for equipping workers with the knowledge and skills they need to recognize hazards, use
equipment safely, and respond to emergencies. Effective safety training helps reduce workplace accidents and fosters
a positive safety culture.
❑ Safety Audits serve as a tool to evaluate the effectiveness of an organization’s safety management system. Audits
identify gaps in compliance and performance, allowing companies to take corrective actions and continuously
improve their safety practices.
❑ Both safety training and safety audits are integral to a comprehensive safety management strategy, helping
organizations minimize risks, comply with regulations, and ensure a safer work environment for all employees.
Project Management Techniques for Safety Management
Project management techniques for safety management are essential to ensure that safety is integrated into every phase of a
project, from planning to execution and closeout. These techniques aim to identify, assess, mitigate, and monitor risks
throughout the project lifecycle, ensuring a safe environment for workers and compliance with safety regulations. Effective
safety management helps prevent accidents, delays, and legal liabilities, while promoting a proactive safety culture.
Techniques:
SWOT Analysis: Identifies strengths, weaknesses, opportunities, and threats in the project related to safety.
Job Hazard Analysis (JHA): Breaks down tasks to identify hazards associated with each step and recommends control
measures.
Project Management Techniques for Safety Management
2. Safety Planning and Integration into the Project Lifecycle:
❑ Safety Management Plan: A safety management plan outlines safety goals, responsibilities, procedures, and resources
needed to ensure safety. This plan is integrated into the overall project plan.
❑ Safety by Design (Prevention through Design): In the planning stage, safety considerations are integrated into the
design of the project. This technique emphasizes designing out hazards before construction or implementation begins.
Techniques:
❑ E-Learning Platforms: Deliver safety training remotely, ensuring consistent training across teams.
❑ Mentorship Programs: Pair less experienced workers with safety-experienced mentors to guide them through safe practices.
Techniques:
❑ Incident Trend Analysis: Use historical safety data to identify trends and anticipate future hazards.
❑ Real-Time Safety Monitoring: Deploy technology (such as wearables or sensors) to monitor safety conditions in real time.
Project Management Techniques for Safety Management
6. Emergency Preparedness and Response:
❑ Emergency Response Plan (ERP): Outlines the procedures to follow in the event of an emergency, such as a fire, explosion, or injury.
The plan includes evacuation procedures, emergency contacts, first aid measures, and communication protocols.
❑ Emergency Drills and Simulations: Regularly conduct emergency drills (e.g., fire drills, rescue operations) to ensure that all project
personnel are familiar with the emergency procedures.
❑ Resource Allocation: Ensuring the availability of resources like first aid kits, fire extinguishers, & emergency communication devices.
7. Use of Technology and Automation:
❑ Building Information Modeling (BIM): BIM allows project managers to create 3D models that can simulate safety scenarios, identify
potential hazards in the design phase, and plan for hazard mitigation.
❑ Drones for Site Inspections: Drones can be used to inspect hard-to-reach or hazardous areas, reducing the need for workers to be
exposed to potentially dangerous environments.
❑ Wearable Safety Technology: Wearable devices, such as smart helmets or vests, monitor workers' health and safety in real time. These
devices can detect fatigue, dangerous environmental conditions, or if a worker has fallen.
❑ Safety Management Software: For tracking of safety compliance, reporting incidents, managing safety audits & training programs.
8. Risk Mitigation and Control Measures:
❑ Hierarchy of Controls: Implement a hierarchy of controls to mitigate risks. These include:
▪ Elimination: Removing the hazard from the work environment entirely.
▪ Substitution: Replacing a hazardous task or material with a safer alternative.
▪ Engineering Controls: Installing physical barriers or systems (e.g., machine guards, ventilation) to prevent exposure to hazards.
▪ Administrative Controls: Implementing policies, procedures, and schedules to minimize worker exposure to risks.
▪ Personal Protective Equipment (PPE): Providing workers with helmets, gloves, and goggles, to protect against residual risks.
❑ Job Safety Analysis (JSA): Break down each task to identify hazards and define safe procedures. This ensures that risk mitigation is
tailored to specific activities.
Project Management Techniques for Safety Management
9. Continuous Improvement through Feedback and Review:
❑ Post-Project Review: At the end of the project, conduct a thorough review of safety performance. Document lessons learned,
successes, and areas for improvement.
❑ Employee Feedback: Gather feedback from workers about safety procedures and issues they encountered during the project. This can
provide valuable insights for future projects.
❑ Root Cause Analysis (RCA): When accidents or near-misses occur, perform an RCA to understand the underlying causes and develop
strategies to prevent future incidents.
❑ Continuous Learning: Encourage a culture of continuous learning where safety improvements are made regularly based on new
insights, technologies, and best practices.
Conclusion:
Effective safety management in project management requires the integration of safety into every phase of the project lifecycle. By employing
techniques such as hazard identification, risk assessment, continuous training, and the use of technology, project managers can mitigate safety
risks, ensure compliance, and create a safer work environment. A proactive approach to safety through regular audits, inspections, and feedback
mechanisms not only reduces accidents but also fosters a culture where safety is a shared responsibility.
Role of Designers in Safety Management
Designers play a critical role in the early stages of a project. Their decisions can directly affect the safety of those who will
construct, maintain, and use the facility or product. The concept of "Prevention through Design" emphasizes the designer's
responsibility to consider safety in their designs.
Responsibilities:
❑ Designing for Safety: Designers must consider safety in their designs by identifying and mitigating potential hazards.
This can include designing safer access points, using materials that reduce risks, and incorporating features that protect
against accidents (e.g., guardrails, fire exits).
❑ Risk Assessment: During the design phase, designers should perform risk assessments to identify hazards related to the
construction, use, or maintenance of their designs.
❑ Compliance with Safety Regulations: Designers must ensure that their designs comply with local, national, and
international safety standards and regulations.
❑ Communication with Other Stakeholders: Designers should collaborate with employers, contractors, and
manufacturers to ensure that their designs consider the safety of workers and users. They need to communicate potential
hazards and ensure that the design is safely constructible.
❑ Continuous Improvement: Incorporate feedback from past projects and safety performance data to improve designs and
reduce risks in future projects.
Role in Safety:
❑ Reduce or eliminate hazards at the design stage, preventing risks from emerging during construction or use.
❑ Ensure that the project or product design enables safe work practices and minimizes the need for high-risk activities like
working at heights or confined spaces.
Role of Employers in Safety Management
Employers bear the ultimate responsibility for the safety and health of their workers. Their role in safety management is to
provide a safe working environment, establish safety policies, and ensure compliance with safety regulations.
Responsibilities:
❑ Providing a Safe Workplace: Employers must ensure that the work environment is free from hazards. This includes
providing safe machinery, tools, and processes.
❑ Developing Safety Policies and Procedures: Employers are responsible for creating and enforcing safety policies,
procedures, and protocols, including emergency response plans, personal protective equipment (PPE) policies, and
accident reporting systems.
❑ Training and Education: Employers must ensure that workers receive adequate training on safety procedures, use of
equipment, and hazard recognition. Ongoing safety training is critical to maintaining awareness.
❑ Risk Assessments and Hazard Controls: Employers must conduct regular risk assessments to identify hazards and
implement control measures to mitigate them. This includes applying the hierarchy of controls (elimination, substitution,
engineering controls, administrative controls, and PPE).
❑ Ensuring Legal Compliance: Employers must comply with local and international safety regulations (such as OSHA in
the U.S. or HSE in the UK) and ensure that safety audits and inspections are conducted regularly.
❑ Worker Engagement in Safety Programs: Employers should encourage worker participation in safety programs,
reporting hazards, and contributing to a culture of safety.
Role in Safety:
❑ Create a culture where safety is a top priority by providing resources, leadership, and training.
❑ Ensure that safety policies are in place and regularly updated to reflect evolving risks and regulations.
Role of Workers in Safety Management
Workers are on the front lines and directly exposed to workplace hazards. Their role in safety management is crucial, as they are
responsible for following safety protocols, using equipment correctly, and reporting unsafe conditions.
Responsibilities:
❑ Following Safety Procedures: Workers are responsible for adhering to the safety policies and procedures established by
the employer. This includes using tools and machinery safely and following the correct procedures for tasks.
❑ Wearing Personal Protective Equipment (PPE): Workers must wear and maintain the appropriate PPE provided by the
employer, such as helmets, gloves, and protective eyewear.
❑ Reporting Hazards and Incidents: Workers should actively report any unsafe conditions, near-misses, or incidents to
their supervisors or safety officers. Prompt reporting helps prevent accidents and allows corrective actions to be taken.
❑ Participating in Safety Training: Workers must participate in safety training sessions and apply the knowledge to their
daily tasks. They should also stay informed about updates to safety procedures.
❑ Refusing Unsafe Work: Workers have the right to refuse to perform tasks that they believe are unsafe. They should
immediately report the issue to their supervisor so that corrective measures can be taken.
❑ Collaborating on Safety Efforts: Workers should engage in safety discussions, contribute ideas for improving safety
conditions, and support a culture of safety in the workplace.
Role in Safety:
❑ Act as the first line of defense against hazards by following safety protocols and reporting unsafe conditions.
❑ Participate in the creation and maintenance of a safety culture through proactive behavior and continuous learning.
Role of Manufacturers in Safety Management
Manufacturers produce the tools, machinery, materials, and products that are used in workplaces. Their role in safety
management is to ensure that their products are safe for use, provide clear instructions for operation, and meet safety standards.
Responsibilities:
❑ Designing Safe Products: Manufacturers must design and produce equipment and materials that are safe to use. This
includes designing machinery with built-in safety features and producing materials that meet safety and health standards
(e.g., non-toxic, non-flammable).
❑ Providing Clear Operating Instructions: Manufacturers are responsible for providing comprehensive and clear
operating instructions, including safety precautions, warnings, and maintenance guidelines. These instructions must be
easily understandable and should highlight potential hazards.
❑ Product Testing and Certification: Manufacturers should test their products to ensure that they meet or exceed safety
standards. In many industries, products must be certified by recognized safety authorities before being sold.
❑ Compliance with Safety Regulations: Manufacturers must comply with national and international safety regulations
and standards for the products they produce, such as ISO safety standards.
❑ Providing Product Support: Manufacturers should offer support, including training materials, to ensure that users
understand how to operate their products safely. They should also have systems in place for reporting defects or recalls
if safety issues arise.
Role in Safety:
❑ Ensure that the equipment and materials used in workplaces meet the highest safety standards.
❑ Provide the information and support necessary to use products safely, reducing the risk of accidents related to misuse or
faulty equipment.
Approaches to improve safety in construction
Manufacturers produce the tools, machinery, materials, and products that are used in workplaces. Their role in safety
management is to ensure that their products are safe for use, provide clear instructions for operation, and meet safety standards.
Responsibilities:
❑ Designing Safe Products: Manufacturers must design and produce equipment and materials that are safe to use. This
includes designing machinery with built-in safety features and producing materials that meet safety and health standards
(e.g., non-toxic, non-flammable).
❑ Providing Clear Operating Instructions: Manufacturers are responsible for providing comprehensive and clear
operating instructions, including safety precautions, warnings, and maintenance guidelines. These instructions must be
easily understandable and should highlight potential hazards.
❑ Product Testing and Certification: Manufacturers should test their products to ensure that they meet or exceed safety
standards. In many industries, products must be certified by recognized safety authorities before being sold.
❑ Compliance with Safety Regulations: Manufacturers must comply with national and international safety regulations
and standards for the products they produce, such as ISO safety standards.
❑ Providing Product Support: Manufacturers should offer support, including training materials, to ensure that users
understand how to operate their products safely. They should also have systems in place for reporting defects or recalls
if safety issues arise.
Role in Safety:
❑ Ensure that the equipment and materials used in workplaces meet the highest safety standards.
❑ Provide the information and support necessary to use products safely, reducing the risk of accidents related to misuse or
faulty equipment.