Tender Documentation for Building Renovation Works

Go to End

Note

  • 13/7/2026: Created for HKIS BSD PQSL Event of the same title on the same day. The contents are collated from other web pages. 

Terminology

  1. “the Works” (with capitalized “W” and “s”) – the whole of all work items under a construction contract.
  2. “work” – an item of work or service under a construction contract.
  3. “the Drawings” (with "s") and “the Specification” (without “s”) are used in the usual Standard Forms of Contract.
  4. "Bills of Quantities" (plural) and "Schedule of Quantities and Rates" or "Schedule of Rates" (singular) are used in the Private Standard Forms of Contract.
  5. Ensure that the terms used must be consistent with those used in the chosen Form of Contract. Discrepancies can lead to different interpretations.
  6. See Common Errors in Use of English.

Purpose of tender documentation

  1. Convey clearly to the tenderers what are to be required to be done during tendering and after the award of the contract such that the awarded contract sum is sufficient for the Contractor to finish the job as expected without unexpected claims:
    • complete
    • free of ambiguity
    • free of discrepancy
    • full disclosure and warning of matters which may affect the prices and time.
  2. Provide for a full set of terms and conditions ready for turning into a contract without loose ends.
  3. Afford provisions to deal with changes.

Usual deficiencies in tender documentation

  1. Incomplete design.
  2. Inconsistent terminology.
  3. Discrepancies.
  4. Conflicts.
  5. Imprecise descriptions.
  6. Errors and omissions.
  7. Too complicated specifications.
  8. Not procurable.
  9. Outdated provisions.
  10. Insufficient ground investigation.
  11. Government approval and consent not in time.

Client's consensus

  1. It is important to obtain the client's approval or consensus (in case of clients of multiple ownership) before tender invitation on:
    • the scope of the Works
    • the detailed work items
    • the qualities and standards of the materials to be used.
  2. Preliminary design drawings together with cost estimates are prepared for initial approvals.
  3. The project programme are to be discussed and agreed in the early stage.
  4. Priorities may be set for different work items for choosing.
  5. Budgets are to be set.
  6. Tender Drawings are then prepared supported with Specification.
  7. Complete draft of Tender Documents are to be prepared for the client's comments and approval.

Considerations when dealing with Drawings

  1. How detailed should the Tender Drawings be when the design is to be further developed by the Contractor? The significance of being too detailed or too vague.
  2. Distinguish between:
    • Drawings actually issued to tenderers
    • Drawings available for inspection
    • Standard Drawings
    • BQ (Taking-off) Drawings
    • Tender Drawings
    • Preliminary design drawings to be submitted by the tenderers
    • Contract Drawings
    • Shop Drawings
    • Installation Drawings
    • Field Drawings
    • Working Drawings / Construction Drawings
    • AI Drawings
    • As-built Drawings / Record Drawings.
  3. How to manage these drawings to avoid discrepancies.

Usual deficiencies in Tender Drawings generally

  1. Insufficient drawings.
  2. Insufficient details.
  3. Insufficient dimensions.
  4. Terms used on drawings not matching specifications.
  5. Specifying proprietary brand names and model numbers without the client's consent.

Usual deficiencies in Tender Drawings for alteration and addition works

  1. Consultants focusing on beautiful perspective only to obtain client's consent.
  2. Existing site and building's BD drawings not retrieved for use.
  3. Existing site and building's BD drawings issued for use not of the original scale (usually reduced).
  4. Existing site and building's BD drawings in imperial units.
  5. Existing site and building's BD drawings blurred because of scanning.
  6. Actual site construction deviating from the approved BD drawings.
  7. Extent and boundary of work items not sufficiently marked on drawings.
  8. No plumbing and drainage drawings prepared, only relying on marking on site photos or retrieved BD submission drawings.
  9. No design details.
  10. Details without dimensions.
  11. Terms used on drawings not matching specifications.

Existing Drawings

  1. For work on existing buildings, the existing drawings (BD submission drawings or client's own archive) should be retrieved for use.
  2. The existing conditions may be different from the existing drawings.
  3. The existing drawings should be updated to match the existing conditions as far as possible
    • but this may be a costly exercise for the consultants.
  4. As the Tender Drawings (inclusive of existing drawings) may not be able to represent fully and accurately the construction or dimensions on site, the Tender Documents usually require the Tenderer to price taking into account the site conditions.

Usual deficiencies in Specification

  1. Terms used not consistent with those used in the Conditions of Contract, e.g. Architect vs Supervising Officer vs Contract Administrator, Main Contractor vs Contractor vs Sub-Contractor, Practical Completion vs Substantial Completion, Certificate of Completion of Making Good Defects vs Defects Rectification Certificate.
  2. Job and contract title not matching the rest of the Tender Documents.
  3. Page header and footing not coordinated with the rest of the Tender Documents. 
  4. Provisions in the Particular Specification not coordinated with the provisions in the General Specification
  5. Repeating but inconsistent provisions in different parts of the specifications.
  6. Insufficient provisions or overly huge specifications.
  7. Provisions not tailored to suit the project.
  8. Provided very late.

Tender Drawings and Specification

  1. Existing conditions:
    • the existing site (and building) conditions may also cause difficulties and inconvenience to the carrying out of the Works requiring extra costs to overcome
    • therefore, the Tender Drawings and the Specification must also be read in conjunction with the existing conditions on site to make allowance in the quantities and/or unit rates.
  2. Specification notes on Drawings:
    • for submissions to the Building Authority, the Specification is not required, all the requirements will be written as notes on the BD Submission Drawings, which may be used as the Tender Drawings
    • therefore, the specification notes are important and must be reflected fully and consistently when drafting the Preliminaries and measuring the Bills of Quantities or preparing the Schedule of Quantities and Rates or Schedule of Rates.
  3. Discrepancies and contradictions:
    • it is usually specified in the Tender Documents that the Drawings and the Specification are complementary to which other and shall be read as a whole
    • however, there can still be cases where there are irreconcilable discrepancies (i.e. contradictions) between them that their order of precedence (i.e. which overrides which, which takes precedence over which) would need to be known
    • in the Standard Form of Building Contract Private Edition Without Quantities before 2015, the Specification takes precedence over the Drawings (the With Quantities version does not mention the Specification, but some Consultants may add provision to mention it with similar precedence)
    • however, the precedence has been reversed in the 2005 and 2006 Editions
    • some Consultants reverse it back
    • therefore, the order of precedence is not an industry standard and has to be determined according to the individual contract.
  4. Different views:
    • some people view that the Specification is usually a company standard that has been carefully written as such, while the specification notes and annotations on the Tender Drawings are rather casually written, therefore, the Specification should override the Tender Drawings
    • some people view that the specification notes and annotations should reflect the latest minds and wishes of the Consultants in spite of the Specification which may not be updated (with or without Particular Specifications) readily, therefore, the Tender Drawings should override the Specification. Yet, it is also possible that the Specification is finalised only towards the completion of the Tender Drawings, and not yet well tested
    • in theory, the Consultants should be asked about the precedence between the Tender Drawings and Specification prepared by them, but it may be possible that they may have different choices. Adoption of the order of precedence of the Standard Forms may be the default solution.
  5. Implications on preliminaries:
    • preliminaries clauses may be written in the Bills of Quantities - Bill No. 1 or in the Specification
    • if the detailed Preliminaries clauses are included in the Specification, declaring the Tender Drawings to override the Specification may have the unexpected effect of altering the meaning of the seriously drafted Preliminaries by the loosely written specification notes and annotations
    • therefore, if the Tender Drawings should override the Specification, the precedence should be preferably stated as: Preliminaries --> Tender Drawings --> Particular Specifications --> General Specification
    • by this, the order of precedence used in the Private Standard Form of Contract without quantities is maintained but keeping the Preliminaries as the higher authority.

Tender Documents 招標文件

  1. Broader meaning:
    • The complete set of documents issued for tendering, including Tender Drawings.
  2. Narrower meaning:
    • Documents issued for tendering, other than Tender Drawings.

Tender Booklet

  1. It is better to call those parts of the Tender Documents excluding Tender Drawings as "Tender Booklet" because these documents are usually bound into a booklet.
  2. Tender Documents = Tender Booklet + Tender Drawings.

Generic composition of Tender Documents

  1. Conditions of Tendering / Conditions of Tender / Instructions to Tenderers:
    • Describe rules and procedures to be followed during tendering
    • Not supposed to govern the post contract matters
    • All procedures should have been completed by the time of counter-signing the letter of award
    • Not declared as part of the contract by the Private Standard Forms of Contract
    • Though usually bound into the Contract Documents as evidence of being part of the Tender Documents
    • Therefore, they should not contain clauses or have attachments which have post contract implications
    • Otherwise, the Conditions should be declared as forming part of the contract.
  2. Form of Tender:
    • For the Tenderer to state his offer
    • Offer price based on specified completion times
    • Offer price based on offered completion times
    • Including various kinds of appendices (if not included in or appended to the Specification or Preliminaries):
      • Pro-forma Surety Bond
      • Form of Warranty (for Sub-Contracts)
      • Statement of all convictions or no convictions under the Immigration Ordinance (Cap. 115) for last <> years
      • Statement of all convictions or no convictions under the Factories and Industrial Undertakings Ordinance (Cap. 59) for last <> years
      • Statement of all convictions or no convictions under the Employment Ordinance (Cap. 57) for last <> years
      • Statement of involvement in arbitration or litigation in the last <> years or foreseeable in the next <> months
      • Declaration of no conflict of interests
      • Declaration of no collusion.
    • Tender validity period:
      • How long?
      • 2 months or 3 months
      • Relative to funding contributions for clients of multiple ownership.
      • 6 months usually specified for incorporated owners' projects to give time for tender analysis, voting and fund collection, but this is too long for the tenderers to secure their sub-contracting and supply prices, site staff and workers.
  3. Form of Contract:
  4. ​Tender Drawings:
    • Show the location, disposition, design (shape, form, sizes, configuration, fixing) of the work and choice of materials and workmanship.
  5. Specification or Employer's Requirements (for design and build contracts) or Brief:
    • Specify the work, materials, method, workmanship, submission, testing and inspection standards required for the work
    • May include a section on Preliminaries (in building contracts) or General Requirements (in civil engineering contracts), and other sections on materials and workmanship, those other sections are collectively called "Technical Specification"
    • May refer to some Standard Specification, and have Particular Specifications to describe deviations from or supplements to the standard
    • May use a General Specification, and have Particular Specifications to describe deviations from or supplements to the general
    • Typically comprising:
      • Preliminaries
      • Technical Specification:
        • General Specification
        • Particular Specifications
      • Technical Schedules (usually for MEP works).
  6. Pricing Schedules:
    • For the Tenderer to give a detailed build-up of his tender sum in any of the following forms:
      • Bills of Quantities:
        • Preambles to Bills of Quantities (if not included as Bill No. 2).
        • Bills of Quantities:
          • Bill No. 1 – Preliminaries (full descriptions or headings only)
          • Bill No. 2 – Preambles
          • Bill No. 3 onwards - Measured Works Sections
          • Prime Cost and Provisional Sums
          • Dayworks Schedule or Daywork Rates Schedule
          • General Summary
        • quantities and rates forming part of the Contract
        • more detailed concepts
        • more detailed formats
        • advance preparation
      • Summary of Tender:
        • a term used by the Private Standard Form of Contract without Quantities before 2005 
        • a simple summary requiring the Tenderer to provide detailed breakdowns, or
        • a summary of the Schedule of Rates or Schedule of Quantities and Rates 
      • Schedule of Rates or Schedule of Quantities and Rates (if without Bills of Quantities):
        • quantities to be estimated by the Tenderer and not forming part of the Contract
        • rates forming part of the Contract for the purposes of pricing variations and remeasurement of provisional quantities
        • the item descriptions are good for interpretating the scope of the unit rates but not good for determining the scope of the Works, which need to be described in full in the Preliminaries
        • are preambles required? Yes, for general principles of measurement and minimum item coverage.
      • Schedule of Works:
        • a new term used by the Standard Form of Maintenance and Renovation published by the HKIS where the item descriptions also form part of the Contract, to remedy the deficiency of the Schedule of Rates mentioned above
      • Quotation:
        • prepared by the Tenderer without the above forms.
    • Usual items in comprehensive building repair and maintenance works
  7. Schedule of Drawings.
  8. Appendices (references to these Appendices should be given in the appropriate parts of the Tender Documents):
    • Insurance policies taken out by the Employer
    • Property Management’s house-rules (if not already described in the Specification and Preliminaries)
    • Main Contractor’s house-rules (for Sub-Contract tendering).

Project specific contractual provisions (other than the usual standard provisions)

  1. Definitions:
    • Names of the Employer and Consultants.
  2. Site:
    • Site locations, site restrictions, permissible working hours.
    • Works outside site boundaries.
    • Liability for ground conditions and underground obstructions.
  3. Works:
    • Main contract scope of works
    • Scope of contractors’ design, statutory submissions, maintenance and warranties
    • Lists of:
      • nominated sub-contracts
      • nominated supply contracts
      • named sub-contracts:
        • a term used by a few developers' standard forms of contracts and therefore has no commonly adopted definition
        • intended to put more liability upon the Contractors but retain the right to choose the sub-contractors and fix their prices before naming to the Contractors
      • specialist domestic sub-contracts
      • previous contracts (demolitions, piling, foundations, etc.)
      • concurrent contracts (by separate specialist contractors)
      • works by public authorities
    • Demarcation, relationship, co-ordination and attendance
  4. Time:
    • Phasing requirements and consequential effects on completion certificate, damages for delay, retention, defects liability, maintenance obligations, insurances, bond, etc.:
      • commencement of later sections dependent on completion of earlier sections or not
      • implications on extension of time and delays to earlier sections on later sections
    • Time(s) for possession:
      • tentative or fixed
    • Time(s) for entry (without possession given):
      • tentative or fixed
    • Time(s) for commencement (can be different from possession or entry):
      • tentative or fixed 
    • Time(s) for completion:
      • usually relative to the "start" - possession or entry or commencement
    • Allowances for anticipated delays
    • Criteria for certifying completion:
      • substantial completion
      • BD's occupation permits for new works
      • BD's acknowledgement of completion of alterations and additional works
    • Damages for delay:
      • different rates of liquidated damages for different sections
      • genuine pre-estimate of the loss and expense due to delay to completion (not delay to progress)
      • liquidated damages not enforceable if the rates were set as a penalty (i.e. exceeding the genuine pre-estimate) 
    • Qualifications by sub-contractors (e.g., lift and escalators) on the level of damages
    • Excusable events (with extension of time) and compensable events (with financial compensation).
  5. Contract:
    • Form of Main Contract and Sub-Contracts to be used; special conditions.
    • One-off contracts
    • Term contracts.
  6. Drawings and Specification:
    • To be used.
  7. Prices:
  8. Payments:
    • Payment terms
    • Advance payment
    • Deposit payment
    • Period of interim certificates
    • Grace period for honouring payments
    • Retention percentages
    • Maximum retention
    • Time to release retention.
  9. Materials and workmanship:
    • Proprietary brand names:
      • Special approvals required to specify proprietary brand names in Government project
      • Specifying proprietary brand names is a common practice for private project - serving as a more precise indication of the desired materials or products
      • Should qualify as "or equal and approved" or "or approved equivalent" in the Tender Documents to avoid the consultants from being alleged of collusion with the suppliers
      • In case of contracts for clients of multiple ownership:
        • should require the tenderers to state their proposed proprietary brand names together with the countries of origin (place of manufacture) for the owners' consideration
        • proposed proprietary brand names and place of manufacture not allowed to be changed by the Contractor to avoid the Contractor finding advantages after declaring a better brand to secure the contract 
    • Defects liability period (Private Standard Forms of Contract); maintenance period (Government General Conditions of Contract).
  10. Statutory obligations:
  11. Liabilities and insurances:
    • Liabilities for injuries or deaths to persons
      • employees of the contractor and sub-contractors
      • third party persons
    • Liabilities for loss or damage to properties
      • the Works
      • construction plant and temporary buildings
      • third party properties
      • contract Employer's existing properties
        • not treated as the Works nor third party properties
        • owners' and tenants' own insurances
        • common areas
        • private flats
      • materials before delivery to site
    • Liabilities greater than obligations to procure insurances
    • Insurance of the Works, third party, employees, construction plant and temporary buildings
    • Limits of indemnity; levels of excesses / deductibles.
  12. Bonds:
    • Conditional bonds
    • On-demand bonds
    • Amounts:
      • Initial amounts
      • Reduction after sectional completion
    • Time to release:
      • Upon issue of Substantial Completion Certificate
      • Upon issue of Defects Rectification Certificate (private forms) / Maintenance Certificates (Government Conditions of Contract).
    • See Insurances, Bonds and Warranties.
  13. Temporary works:
    • Specific requirements on hoardings, Employer’s site office.
    • Responsibilities for source and consumption of temporary water, lighting and power.

After Billing

See After Billing, which has been written for after billing the Bills of Quantities, but some procedures should also be applicable to tender documentation without Bills of Quantities.

 

End of Page