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03 Contract Administration > 04 Contract Selection > Flashcards

04 Contract Selection Flashcards

1
Q

What forms of contracts are you aware of?

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2
Q

What other forms of contract are available apart from JCT and NEC contracts?

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3
Q

What main criteria would you consider when selecting a form of contract?

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4
Q

How might the type of client affect the choice of contract?

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5
Q

How might the location of a project affect the choice of contract?

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6
Q

What are the advantages of using a standard form of contract?

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7
Q

What are the problems associated with a bespoke contract?

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8
Q

A client has his lawyers draw up a bespoke construction contract and has asked you to have a look. To make sure it complies with the Construction Act, what clauses would you expect it to contain?

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9
Q

What typical non-standard contract amendments have you come across on your projects?

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10
Q

What are the main standard forms of contract available for FM works?

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11
Q

Explain how you have selected a suitable contract on one of your projects.

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12
Q

Describe the different contract pricing mechanisms you have experienced and those you have yet to come across?

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13
Q

When would you use a lump sum contract and how does it work?

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14
Q

When would you use a measurement contract and how does it work?

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15
Q

When would you use a measured term contract and how does it work?

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16
Q

When would you use a cost reimbursable contract and how does it work?

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17
Q

When would you use a target cost contract and how does it work?

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18
Q

When would you use a guaranteed maximum price contract and how does it work?

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19
Q

Which of the standard forms of contract have a pain/gain mechanism available and how does it work?

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20
Q

Outline the main range of JCT contracts and briefly state when you would use them.

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21
Q

What criteria will determine whether or not to use the main form, the intermediate form or the minor works form of JCT contract?

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22
Q

When would you use the ‘With Contractor?s Design’ form of contract?

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23
Q

Explain the difference between the Contractor?s Design Portion and Performance Specified Works?

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24
Q

How would you set up a contractor?s design portion on one of your contracts?

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25
Q

Explain how the JCT Measured Term contract works?

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26
Q

What forms of management type contract are produced by the JCT suite?

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27
Q

Does the JCT publish a cost reimbursable standard form of contract?

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28
Q

Which of the JCT standard forms are lump sum contracts?

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29
Q

What are the main differences between the JCT 2011 suite and the JCT 2005 suite of contracts?

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30
Q

List the items in the appendix of the JCT contract.

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31
Q

A client is re-fitting their offices at a cost of £500,000 and would like to use the JCT MW form as they are familiar with how it works. Give some advice on the pros and cons of using the this form and suggest an alternative?

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32
Q

A client is re-fitting their offices at a cost of £5,000,000 and would like to use the JCT IC form as they are familiar with how it works. Give some advice on the pros and cons of using the this form and suggest an alternative?

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33
Q

Outline the main range of NEC contracts.

A
  1. Option A - Lump Sum priced contract with activity schedule
  2. Option B - Priced contract with bill of quantities
  3. Option C - Target Cost contract with activity schedule
  4. Option D - Target Cost contract with bill of quantities
  5. Option E - Cost Reimbursable contract
  6. Option F - Management Contract
  7. Engineering and Constriction Short Contract
  8. Professional Services Contract
  9. Framework Contract
34
Q

How does the ECC Option A contract work?

A

Option A - Lump Sum priced contract with activity schedule

  • Contractor offers to provide the works described in the contract for a sum of money
  • The lump sum is adjusted if compensation events occur
  • The activity schedule is normally written by the Contractor, where he prices each activity as a lump sum and is paid this amount when he has completed the activity
35
Q

How does the ECC Option B contract work?

A

Option B - Remeasurement priced contract with bill of quantities

  • Employer provides a bill of quantities which is priced by the Contractor
  • The contract price is the sum of prices for all items in the bill, which may include lump sums for certain items
  • When the work is done, if it is found by remeasurement that the estimated quantity is not correct, it is corrected and payment is paid to reflect the actual works carried out
  • Therefore, the Employer takes the risk of the correctness of the quantities
  • Normally used where the risk of change of quantities is relatively high
  • Not appropriate for D&B as the Contractor is responsible for design
36
Q

How does the ECC Option C contract work?

A

Option C - Target Cost contract with activity schedule

  • Contractor tenders a target price using an activity schedule
  • Each activity is priced as a lump sum and a fee is also tendered as a percentage for subcontract work and the Contractor’s own direct work
  • The target price is the sum of the activity prices and the fee
  • During the course of the contract, the target price is adjusted to cater for compensation events
  • Payment is made on the basis of actual costs, with an incentive pain/gain mechanism for the Contractor to minimise costs
  • The sharing of risk in this way is likely to reduce occurrences of disputes
37
Q

How does the ECC Option D contract work?

A

Option D - Target Cost contract with bill of quantities

  • Similar to Option C except the target cost is established by means of a bill of quantities
  • During the course of the contract, the target cost is adjusted to allow for changes of quantities as well as for compensation events
  • Risk to the Employer is therefore greater than with Option C
38
Q

How does the ECC Option E contract work?

A

Option E - Cost Reimbursable contract

  • Contractor is paid the actual cost of the works plus the fee
  • High risk for the Employer
  • Used when the work cannot be defined at the outset and also for emergency work
39
Q

How does the ECC Option F contract work?

A

Option F - Management Contract

  • Suitable for management contracts where all or most of the work is done by sub-contractors and the Contractor manages the procurement and the work undertaken by the sub-contractors
  • Payment is made to the Contractor for the cost of the sub-contracts plus a management fee
  • Employer carries most of the risk
40
Q

What is the connection between the NEC forms and Sir Michael Latham?s report ‘Constructing the Team’?

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41
Q

Define the concept of ‘mutual spirit, trust and cooperation’?

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42
Q

What are the different option clauses under the NEC for of contract?

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43
Q

How do you make the NEC a D&B contract?

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44
Q

How do you give the contractor design responsibility under the NEC?

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45
Q

From your experience, explain how the NEC target contracts work?

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46
Q

How does the risk profile differ across the different NEC contracts?

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47
Q

Explain to your client how the share range / share percentages work using an NEC form of contract.

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48
Q

Explain why the NEC form is sometimes described as a management document.

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49
Q

Your client would like to take a partnering approach on his project. What type of contract would you recommend and why?

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50
Q

What is PPC2000?

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51
Q

What are the main features of PPC2000 that distinguish it from other more traditional standard forms?

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52
Q

Can PPC2000 be used for strategic as well as project partnering?

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53
Q

What standard forms are produced by the Association of Consultant Architects apart from PPC2000?

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54
Q

Your client says that he wants to use the NEC form of contract because it is a partnering contract. Is he right?

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55
Q

When would you expect the GC Works suite of contracts to be used?

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56
Q

Why has the government decided to move away from GC Works contracts?

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57
Q

Do you think that the GC Works forms tend to favour the employer or the contractor, or neither?

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58
Q

When and where might the FIDIC Conditions of Contract be used?

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59
Q

For what type of work would you expect to use the IChemE forms of contract?

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60
Q

For what type of construction work are the ICE contracts generally used?

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61
Q

What are the main differences between the JCT and NEC contracts?

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62
Q

Why might you choose to use a JCT contract rather than another standard form, such as the NEC?

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63
Q

Compare the provisions of two different contracts with which you are familiar.

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64
Q

Your client wants to make his project design and build. Give him some advice on suitable forms of contract?

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65
Q

A client is setting up a framework agreement with contractors and consultants for a roll-out programme of retail refurbishments ranging in price from £100K to £1.5M. Give some advice on suitable types of contract.

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66
Q

Are there any standard forms that are signed by the whole project team?

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03 Contract Administration (20 decks)

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