TECHNICAL SPECIFICATION
A detailed description of technical requirements, usually with specific acceptance criteria, stated in terms
suitable to form the basis for the actual design development and production processes of an item having the
qualities specified in the operational characteristics.
GENERAL CONSIDERATIONS:
1. The quantity, quality and characteristics of various materials to be used including the possible
lifetime of the material.
2. The usual and practicable methods of executing the work to be done at the cheapest without
sacrificing the ends to be achieved.
3. The methods ordinarily employed in the manufacture of the product or the machine and in the
construction, operation and maintenance of the plant or structure.
NEED OF PREPARING AN OUTLINE
1. There is a need to prepare an outline by dividing the work to be done in various elements and
by getting down in detail all materials and processes which must be included.
2. The divisions may be further subdivided if necessary for clarity.
3. For some fundamental materials or processes, the qualities or operations for each should be
differentiated or classified.
4. It is advisable that the engineer should always have a notebook at hand when thinking of an
improvement.
TYPES OF SPECIFICATIONS
A. SIMPLE SPECIFICATION
It is advisable only to simpler forms of labor and simpler kinds of materials or
supplies and machines which have become numerous or complicated.
B. DETAILED SPECIFICATIONS
It become mandatory as the design becomes more elaborate and parts of the structure
become numerous or complicated.
The specifications shall be complete and details should be placed clearly as to the
character of the materials, workmanship and design.
OTHER CONSIDERATIONS IN THE PREPARATION OF SPECIFICATION
1. Resorting to Published specifications
2. Modifying the requirements in the specifications
3. Use of standard materials and methods
4. Standard specifications prescribed by technical societies
5. Avoidance of exclusive specifications
6. Accessory and equipment
7. Test and guarantee
ASPECTS OF DESIGNS & SPECIFICATIONS FOR ENGINEERING WORK
1. General considerations
2. Undesirable practice
3. Design and false economy
4. Estimating the structure
OBLIGATION AND CONTRACT
MEANING OF OBLIGATION:
It is a juridical necessity to give, to do or not to do. The obligation to give is in essence a real
obligation because a physical thing is involved and delivery of the same extinguishes the obligation. On the
other hand, to do or not to do are personal obligations . ex: to draw a plan of a house, or not to do a plan.
It comes from the Latin word obligare which means to bind through giving, doing or not doing
something.
It is a juridical necessity because the rights and duties emanating from obligation may be enforced
in courts of justice which may order their performance if refused or neglected.
REQUISITES OF AN OBLIGATION:
1. Juridical tie or vinculum which is the link that binds the parties;
2. The prestation which is the giving, doing or not doing of something;
3. The active subject which is the person who holds the right to demand the prestation, called
obligee or creditor;
4. The passive subject which is the person against whom the prestation may be demanded.
SOURCES OF OBLIGATIONS:
1. Law – Law is a rule of conduct, just, obligatory and laid down by the legitimate authority for common
observance and benefit. Without it, there will be no order in the society which will which will be ruled by
the maxim of what is might is right. Thus, everyone is presumed to know the law, “as ignorance of the law
excuses no one”
2. Contracts – A contract is the meeting of minds between two persons whereby one binds himself with
respect to the other to give something or render some services. The obligation arising from contract has the
full force of law between parties, hence should be complied with in good faith.
3. Quasi-contracts – is a juridical relation arising from lawful, voluntary and unilateral acts by virtue of
which the parties become bound to each other even if they have not consented to be obliged, to the end that
no one shall be unjustly enriched or benefited at the expense of another.
4. Acts or omissions punishable by law (Crimes) –are better known as crimes or delicts, like homicide or
damage to property through reckless imprudence. Under the law a person who is convicted for a criminal
offence may be imprisoned, and in addition, will be required to indemnify the heirs of the victim.
5. Quasi-delicts- is a legal wrong committed through fault or negligence causing damage to a person or
property thereby obliging the wrong doer to pay for the damage done, provided that there exists no
contractual relation between them.
FACTORS AFFECTING OBLIGATIONS:
1. Diligence required in the performance of an obligation
2. Rights to the fruits of the thing to be delivered
3. Rule when obligor incurs delay
4. Liability of obligor for fraud, negligence, delay, etc.
5. Liability arising from fortuitous events
KINDS OF OBLIGATIONS:
1. Pure obligation – one which is not subject to any condition or burden and whose
fulfillment is neither dependent upon a future or uncertain or even a past event unknown to the parties,
hence, immediately demandable.
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2. Conditional obligation – is one whose performance is subject to a condition which may
either be suspensive or resolutory in effect. A suspensive condition is one which upon fulfillment gives rise
to the obligation dependent upon it.
3. Obligation with a period – is one in which a day certain has been fixed for its
fulfillment.
4. Alternative and facultative – alternative obligation is one where various prestations
are due but the performance of on usually chosen by the obligor, is sufficient while in facultative
obligation, only one prestation is due but the obligor or debtor may substitute another in lieu of the
prestation due.
5. Joint and solidary –Joint Obligation is one where the entire obligation is to be fulfilled
proportionately by the various obligors or debtors, and each one of the obliges or creditors is entitled and
can demand a proportionate part of the credit due from each of them while Solidary obligation is exactly
the opposite of a joint obligation in the sense that each of the solidary debtors is liable for the entire
obligation as long as the same has not been performed, and each of the creditors can demand compliance.
6. Divisible and indivisible – a divisible obligation is one capable of being performed
partially while indivisible obligation is the exact opposite of divisible obligation as no partial performance
is permitted.
7. Obligation with a penal clause – an obligation which contains an accessory undertaking
to assume a greater liability in case of breach. The penal clause is attached to the principal obligation to
insure its fulfillment.
MODES OF EXTINGUISHING OBLIGATION:
1. By payment or performance – this mode consists not only of delivery of money but also the
performance of an obligation in any other manner.
2. By loss of the thing due – the thing due is considered lost when it perishes, or goes out of commerce, or
disappears in such a way that its existence is unknown or cannot be recovered.
3. By condonation or remission of the debt – It is an act or liberality by which the oblige, who receives
no price or equivalent thereof, renounces the enforcement of an obligation, which is extinguished in whole
or in part.
4. By confusion or merger of the rights of creditor & debtor – This mode takes place when the qualities
of the obligor and that of the oblige meet in one person, the effect of which generally extinguishes the
obligation.
5. By compensation – it takes place when two or more persons, in their own rights are creditors and
debtors to each other.
6. By novation – Novation is the change, substitution, or renewal of an obligatory relation, with the
intention of extinguishing or modifying essentially the former, debitum pro debito. (new debt for an old
debt)
DEFINITION OF A CONTRACT:
It is the meeting of the minds between two persons whereby one binds himself, with respect to the
other, to give something or to render some service.
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CONTRACT DIFFERENTIATED FROM AGREEMENT:
Contract is often times used interchangeably with the term agreement.
A contract forms a subdivision of the genus agreement from which follows that, while every
contract is based on agreement, not every agreement is a contract.
In order for an agreement to qualify as a contract, the parties much have clearly intended to be
bound by legal tie. Moreover, a contract when breached can be enforced in court, not in the case of an
agreement
STAGES OF A CONTRACT:
1. Preparation or conception – it starts from the inception and negotiation that may lead to the parties
coming to the terms of the contract.
2. Perfection or birth – marks the time the parties agree upon the object or subject matter and the cause or
consideration of the contract.
3. Consumation or termination- it is simply the implementation of the terms of the contract, and
simultaneous documentation in formal ones
CLASSIFICATION OF CONTRACTS:
1. Express and implied contracts – a contract is express when the intent of the parties is shown by words
which may be verbal or written, whereas, a contract is implied when the intent is manifested by the conduct
or behavior of the parties
2. Unilateral and bilateral contracts – In a unilateral contract, only one of the parties has an obligation, as
in commodatum or gratuitous deposit, while, in bilateral contract, both parties are bound as in a contract of
sale.
3. Consensual and real contracts- A consensual contract is one perfected by mere consent as in a contract
of sale, whereas, a real contract is one perfected or completed by the delivery of the thing which is the
object of the contract, as in pledge, deposit, and commodatum.
4. Executed and executory contracts- An executory contract is one which is not yet implemented as
where none of the parties has performed the prestation or only a part thereof has been performed by each
party.
5. Nominate and innominate contracts- Nominate contracts are those which the law gives a special name
as in contract of agency, sale, partnership etc. while those without designation are called innonimate
contracts.
REQUISITES OF CONTRACT:
1. Consent of the contracting parties
2. Object certain which is the subject matter of the contract
3. Cause of the obligation which is established
DEFINITION:
CONSENT – is the conformity of wills of the contracting parties upon the object and cause as
well as to the other terms and conditions of the contract
OBJECT CERTAIN – all things which are within the commerce of man including future things
having potential existence, rights which are not intransmissible and services which are
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not contrary to law, morals, good customs, public order and policy, and not impossible of
compliance maybe the object of a contract.
CAUSE OR CONSIDERATION – is the immediate, direct and proximate reason why a party
enters into the contract and without which the contract becomes a nullity. The cause may
be either be onerous, remuneratory or gratuitous.
PREPARING THE CONTRACT
POINTS TO RECKON IN CONTRACT WRITING:
Before drafting the contract, the engineer, should among others, be aware of the following:
1. The need of the client
2. The terms and conditions desired including the subject matter and considerations of the
contract
3. Legality of the contemplated contract
PARTS OF A CONTRACT
1. TITLE OF CONTRACT – The title of the contract is usually at the top of the document and
generally derived from the agreement or dictated by the parties to the contract or their
representatives.
2. SALUTATION – This part is merely placed for the purpose of style; and usually to impress
the parties and the public who may glance or read the contract. Often, this is worded in bold
letters at the left top, reading: KNOW ALL MEN BY THESE PRESENTS:
3. THE BODY – The body is that part which identifies the contracting parties, whether natural
or juridical persons as well as their intention to be bound on the objects and cause as well as
to the other terms and conditions and usually presented in the following order:
a. INTRODUCTION OF THE PARTIES AND THE AGREEMENT. This part, which is
usually worded, describes the parties and states what the agreement is all about. In
difficult and complicated multi-party transactions or agreement, however, and to provide
a better and easier understanding of the identity and intention parties and what the
contract is “WHEREASES” are provided to serve as a preamble to the contract.
b. TERMS AND CONDITIONS. This specifies in detail the terms and conditions as
intended by the parties, usually covering the following:
i. The subject matter which may be determinate things, rights or services and the
course or consideration of the contract.
ii. The mechanics of what, where, when and how, and why in some cases, and
other details regarding the object to be delivered or to services to be rendered.
c. DISPOSITIVE CLAUSE. This part usually reading “IN WITNESS WHEREOF”, we
have hereunto set our signature etc.” is the affirmation of the parties to be bound by the
contract.
d. DATE AND PLACE OF EXECUTION. The date and place of execution is the reference
to when and where the contract has been perfected.
4. SIGNATURES OF THE PARTIES. The signatures of the parties or their legal representatives
are proofs of their consent and give binding effect thereto as without the same instrument
would just be an ordinary writing.
5. NOTARIAL ACKNOWLEDGEMENT
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MATTERS USUALLY EMBODIED IN ENGINEERING CONTRACTS
The following are generally contained in many engineering contracts:
1. Workmanship according to agreed plans and specifications
2. Materials which must be the agreed quantity and quality
3. Responsibility on compliance with legal requirements
4. Control and Supervision of the work by the engineer to fairly insure the accomplishment of
the project.
5. Bonds that must be put up to secure the performance of the contract and other liabilities to
which the client-owner may be exposed
6. Contract modification of rescission for willful breach of the terms and conditions of the
contract
7. Risk or additional cost or penalty by reason of defective workmanship
8. Mode and conditions for payment.
OTHER ENGINEERING DOCUMENTS:
1. Specifications Proper
2. Advertisements or Invitation to bidders
3. Proposals
4. Plans and Designs
5. Performance Bond
6. Cost Estimate and Bill of Materials
7. Program of Works
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