Lump sum based on BQ with exclusions

The details shown on the Drawings shall prevail over the descriptions given in the Bills of Quantities. Based on this the drawing takes precedence over the BoQ, thus the Contractor should have priced based on the drawing.

"Let's Agree to Disagree." I Don't Agree to That….So what?

The term "agree to disagree" or "agreeing to disagree" is a phrase in English referring to the resolution of a conflict (usually a debate or quarrel) whereby all parties tolerate but do not accept the opposing position(s).

During negotiation with regards to the claims by the Contractor the argumentation can get tiresome. Every parties wanted to win the argument and what most important certain basis need to be adapted. I have experience a lot of this matter the entire project that I were involved.

Against, for me; I also go back to the basic. Always put the principle in the upmost position and any argument could be settled.  Walk through the basis step by step and understand the situation and then only one could make any decision with sound mind.

The best response to this, and here I really don't think I'm guilty of overambitious optimism, is to identify and clarify what the point at issue really is, and to concertedly stay conscious of the fact that people are not their individual beliefs, and that it is alright to have been wrong about facts. If people can manage that, they can have disagreements without conflict. Or, they can achieve the same effect if they simply accept that conflict is not necessarily bad so long as it ends and has a reasonable expectation of getting somewhere.
But most people are not so high-minded. Much of the time, people simply want to bury the hatchet (which is perfectly well admirable, except that a disagreement is really a lot more like a land mine than a hatchet in that regard).

So they resort to the old chestnut of "Why don't we agree to disagree." (I neglect to use a question mark because it is never said with that inflection. It is not really a question, it is a demand, and a cravenly presented one at that. Impolite, really.)

But it's rather anticlimactic, isn't it? I am reminded of a joke: "There are two types of people: those who don't need closure."

In fact, the nature of disagreements, if they are genuine disagreements is that we disagree whether we assent to it or not. To disagree, at least two people must have at least two beliefs, and those beliefs must be incompatible.

Things are incompatible by virtue of their containing a contradiction. Contradictions are endemic to the concepts themselves. If I happen to believe that all school buses are red, and you believe that they are all yellow, our agreeing to disagree affects the facts that we have incompatible views not at all.

Not to be overly literal. I know that people who say this don't think that it really settles the discussion. They want merely to avoid conflict. But it is the height of bad manners to not only interrupt somebody, but also to interrupt them to tell them that they can not and may not go on expressing themselves, lest they offend the holy rules of social grace and the satisfy the insane need of the un-argumentative to "keep everyone happy".

Who, anyway, is the graceless and conflicted one in the situation, he who happens to have an opinion which is conceptually incompatible with someone else's, or he who would rather censor a discussion than be challenged?

The dissonance that goes with disagreement is a tension, sure. But it is certainly better to relieve a tension than to ignore it. At the end, the best would let parties put their case and get the experts to review and be the judge.

Tips on Career Success Abroad – Indonesia Experience

Point 1. Must Have Confidence and Mental Strong

Global careers are not the same as careers in the domestic environment, because the environment you are in area the global arena. Do not equate the nature and attitude of the people there with in Indonesia because it is so much different. Therefore you need a lot of adapting to new things and mental strength needed to survive. Understand the human relation aspects of the local vis-à-vis the local culture, rules and regulations.

Point 2. Do not Be A Tourist

You need to remember, living and working abroad is not the same as fooling around spending time to travel to the country. There are demands and different responsibilities if you are working in a foreign country. You have to be smart and agile in order to make progress quickly. If you like it, then your boss or co-worker you will see your abilities and of course they will give a reward after what you do well.

Point 3. Equation Degrees

Abroad someone older or senior does not automatically earn respect. For example, in the office to call the boss enough to use her first name only. If the boss name Yanto Agus, Pak Agus enough not to add Mr. or become Mr. Agus. Respect is earned, not given = respect comes from a positive contribution instead of rank or age alone.

If you have questions or concerns please do not ashamed to say it, even if you are young or junior. That seniors will not feel threatened by a proactive attitude, they actually appreciate your bold attitude.

Point 4. Do not Doubt Make Decisions

If you recruited on foreign companies, of course, they really appreciate the skills and experience you. For that, it is natural if the company wants to offer a productive and contributing to the company. Therefore, take decisions and set priorities company quickly and precisely. You have to work more productively and do not delay - postpone the work, automatically your career abroad will shine quickly.

Points 5. Follow Training

Do not rely on the capabilities that you already have today. Global careers means you must continue to hone skills, innovate and keep abreast of the industry in which you work. Follow the training activities or seminars are always held every month. Continue to strengthen the competence of self in order to compete globally.

Points 6. Develop Yourself and Honest If Not Know

Feel free to continue to learn anything that can develop yourselves, and do not be afraid says the answer "I do not know". Even those well-to honestly admit their limitations without a sense of doubt or shame. For that, you can learn the local language or words to make it easier to know about different cultures, procedures and learn cross-cultural management.

Honesty about his own limitations actually admired people there. If you do not have an answer please respond with "I do not know, I'll find the answer for you" or when in doubt, answer "I think the reason is this, but this is all just my speculation only".

Points 7. Obey Rules

In some foreign countries, they have a very good database or otherwise even very bad. Both require accuracy to draw up personal documents such as, immigration, taxes and permits live well. Lest they do not abide by the rules, work permits revoked simply because the company was forced to issue a document that is trivial.

The nature of such rules of law, which must be adhered to and, if broken, then there will be sanctions applicable. For that, no matter where you work overseas especially comply with existing rules.

Points 8. Organize Teams With Meticulously

So start the first day in a global company, it's okay if you feel excited. But not necessarily the same for colleagues others. For them, it will be just another day. Your team is the people who will work most closely with you in a professional, as well as helping to adapt the work environment. Make sure you know all the members of the team well.

Indonesian is famous for its hospitality. If you have the opportunity to work in a global company do not eliminate the habit of Indonesian people who are friendly to anyone. With you always smile will give positive energy to the person you have just met, especially your coworkers.

Among the diverse cultures that exist in the world there is no absolute culture better than the others. While living and working abroad, open horizons by studying the local culture and apply the plus side. Do not forget to not forget and also maintain a positive culture of Indonesia.

Contractor takes all ground condition risk?

The following clause was included in the Specification for one of the Project that were being managed by me.

As per the Appendix CC of the 1st Supplemental Agreement described:-

“13. Sub-Clause 1.1.5.5A – Lump Sum Works – means the items of work and good, meterials and services to be supplied hereunder as shown in the Drawings and/or described by the Specification and/or in the Schedule of Prices which are not to re-measured.”


“S4.02 (1)          Soil Information

Any information of the properties of the soil that may be shown on the Drawings or obtained by the Contractor as a result of discussion with the Engineer shall alone not be considered as a sufficient basis for the Contractor's Bid Prices.

The Contractor is responsible for his interpretation of information supplied by the Employer and shall visit the Site and possible Borrow Pits prior to making his Bid and shall ascertain the nature of the soil, its quantity, locations, and suitability to meet the specified requirements.

He shall base his Bid estimates on the Employer's soil data supplemented by his own soil investigations.”

This would mean that the Contractor shall be deemed prior to submitting the Tender to have inspected and examined the Site and/or satisfied itself as to the nature of the ground and subsoil. No claim by the Contractor for additional payment or any extension of time shall be allowed on the ground of misunderstanding or misapprehension of these matters.

There was understandable concern from the contracting community when the first contracts containing this clause were issued for tender.

There are two particular difficulties with this approach:

1. the allocation of risk can be less a reflection that the parties have carried out thorough investigations and are comfortable with what they might encounter (and could price for it accordingly), than of the overriding desire by employers to have fixed prices and certain completion dates, and perhaps of unequal bargaining power; and

2. the bidders are unable to price for the risk with any certainty; any contingency would be guesswork. Ultimately, if the risk does not eventuate the contingency is wasted, and if it did, there would be no certainty that the contingency would be enough, resulting in costs to the project elsewhere (even if simply in legal fees).

This gives a gloss on the truism about allocation of risk, that a project which goes off the rails benefits no one. If your project is going to be late, rights in contract aren’t necessarily going to help; much like Neville Chamberlain returning from Munich in 1938, there is little practical benefit in holding up a piece of paper. Once a project has become a loss maker, most contractors will understandably look for ways to reduce that loss, rather than complete the project as well as the employer might have hoped. A right to sue won’t necessarily help anyone other than the lawyers.

Conversely, where there is considerable, high quality geotechnical information available, the contractor has the skill and the resources to deal with what they might find and all parties are comfortable with what will actually be encountered, this can be a very effective allocation of risk.

Indonesia Fun Fact

When someone says yes, does he or she mean yes or no. Indonesia is a gracious culture that is polite. Wanting to be agreeable and never wanting to embarrass another, the native language Bahasa Indonesia has 12 words that "say yes but really mean no. Unless you are fluent in Bahasa Indonesia, using English or another language will not convey the correct message. Even with a correct translation, though the literal translation for these 12 words would be yes, the culture requires a polite, agreeable response. Since saying no to someone is impolite, don't assume a positive response means you have agreement.

Tips and Tricks How to Deal With Lady Bosses

"She can not be a boss. Too emotional."

"Boss girl was bummer. Acne. Mood can not predict."

"Why the hell take care of the details. The great affair is even too. Basic women!"

So my friends opinion of a female boss. Remarkably, the opinion is not only out of the mouth of the Adam, but also women themselves. They claim to be happy led by the boss man for various reasons including, not moody, rarely bring personal problems to the office, do not micromanage, easy going, lead based on skill, and so forth.

How in my own opinion? Well, I've worked with a female boss sucks but also worked with the fun. I admit that only one of those statements. Many women bosses micromanage. The rest, depending on the woman's own personality. The boss man is also a lot of really acting like a presumption against female boss.

The problem is just one. Men more than women occupy top positions. Until now, no women at the top, then she would be under the spotlight and eventually be compared with the many male boss. Period!

So how to deal with unpleasant female boss?

1. Do not take it personal

     Usually the boss lady moody and irritable, often remarks, comments or scolding that would offend. She will also install soffit line with what comes out of his mouth. Hey, the work is just one part of life. So, do not enter into the heart the words that come out of the mouth of our superiors.

2. Understand the boss

     As a subordinate, we should be able to understand the attitude of our superiors. Their attitude must be a reason, though often the reason is personal. Usually, bad attitude of the boss lady has something to do with her personal problems. Consider carefully how she walked, how his family background, success it with her life partner. If we understand that she has personal problems, plus a huge responsibility on the job, then maybe we can be more tolerant. We will feel more grateful that our conditions better than herself. In the end, we will smile proudly that we can better cope with personal problems so do not bring to the workplace.

3. Deal with it

     She's the boss, and we are subordinate. However she has more power in our appeal. If we want to survive then we must accept the work of her attitude. Silence would be less draining than we are in conflict therewith. Flush the brain and heart to more important things such as the work itself.

4. Work for the work not for your boss

     Most people try to work to please her superiors. But when faced with the boss lady sucks, trying to please attitude is the most wrong thing to do. Because usually, they have an extremely high standard. When we were not able to provide appropriate what she wants, then we will be frustrated. So when we work, work as well as possible for our work is not working as well as possible so that The Boss is happy with the results.

5. Speak up

     Than we are complaining about bicycling and how her leadership, delivered directly to our boss personally. Delivers what we do not like and how it affects your performance and other team members. But the condition persists because usually no one wants to call it. It takes courage to say it. Striking a little ego with professionally done nothing wrong. But we must also be prepared if her attitude was more bad or we could be removed from the workplace.

6. Quit

     If all that we have done to no avail and we can not accept the way of leadership, then we should think of other jobs.

Have you apply one of the above? Please let me know on the result.

Management and Administration Issues - A Shared Experience

Just wanted to share with you all, for me, this little experience who have served more than 20 years in organizational management issues and spiritual development involving government and private organizations. Often the problems shared with me is a problem between the top management, administration, management and support staff is as follows:

Management systems are often changed

Management system should be mastered by every employee to obtain an efficient and productive management. If management system for the organization often change, employees will experience job stress due to not understanding the concept and jurisdictions work accurately and clearly. Certainly the work will be done in a state of panic and do not know to whom to refer.

This often occurs because of failure or we fail to plan and implement a change that without thinking just because according to the instructions of their superiors. All moral rejected aside, for the sake of flutter or "yes boss" or "betulah boss". Does not apply to corporate governance.

Communication 'break down'

This is among the highest ranking problems that often occur in the organization. There are several reasons this problem occurs. Among the top too 'bossy' with their staff. They ignore the problems that occur at lower levels, not 'briefing assignments' well, and many give directions. The largest percentage is the boss just give orders to subordinates. Imagine how ineffective communication management in the organization? You certainly can imagine.

Try it out of the comfortable rooms and down to the operational level to investigate complaints and expressions of the staff. Sometimes the complaints it is a proposal that may be applicable. Only those who are involved in a field that knows the real issue.

Working position and qualifications significantly different

Among the complaints most often asked of me many staff who can not master their field of work very well. Imagine the potential in the field of IT but placed in financial management. How do you want to carry out your work? I'm not saying it is impossible to do. Only if there is no clear explanation of the scope of work will inevitably put pressure on the staff.

As another example, kakaitangan capacity was only able to carry out the work as a clerk but is responsible for implementing the work of an executive. For individuals who do not understand about the post Responsibility accepted as a sign of pretentious but its output remains the same as that given by a clerk. When kakitangfan failed to execute his duties as an executive, so easy menyalahkannya.Kita we actually have menganayaikan individual.

Less exposure and courses

Work is a way of claiming your output. But if many years of output required of an employee while he received less input, how the situation works? You will definitely stressful, less skilled and also lost the motivation to do the job every day. Many have complained to me. There are organizations that can not arrange training for their staff very well that some people work 10 years have not been attending training and job skills development, self-motivation.

Management on a "little Napoleon"

In other concept is the "little Napoleon" is "power hungry", where some indivisu hold its own by-laws in carrying out its duties and suppress the other employees or subordinates. Situation "shock myself" this must be subverted and specify only official orders only enforceable.

Or if you want to issue directives or reprimands make a "formal" writing that the decision or direction can be referred by the official to the higher or responsible.

Management by intimidation or fear (management by fear)

Staff frightened by threats or warnings oppressive and untrustworthy. It will also lead to dissatisfaction and consequently affect the productivity of the company.