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EM Contract Admin > 05 Contract Documentation > Flashcards

05 Contract Documentation Flashcards

1
Q

What contract documentation would you expect to find on a project procured traditionally under a JCT contract?

A
  1. Conditions
  2. Drawings
  3. Specification
  4. Work schedules
  5. Schedule of rates
  6. Bill of Quantities (not in MW)
  7. Employer’s requirements (CDP or D&B contracts only)
  8. Contractor’s proposals (CDP or D&B contracts only)
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2
Q

What additional contract documentation would you expect to see where a traditionally procured project under a JCT contract had a contractor design portion?

A
  1. Employer’s requirements
  2. Contractor’s proposals
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3
Q

What contract documentation would you expect to find on a project procured traditionally under an NEC contract?

A
  1. Conditions of Contract
  2. Contract Data
  3. Price List (ECSC)
  4. Activity Schedule (Options A and C)
  5. Bill of Quantities (Options B and D)
  6. Works Information (i.e. drawings and specification)
  7. Site Information
  8. Programme (optional in ECSC)
  9. Risk Register
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4
Q

What sections are included in the JCT Minor Works contract?

A
  • Articles of Agreement
    • Date of agreement
    • Party signatures
    • Recitals
    • Articles
    • Contract Particulars
    • Attestation (i.e. execution)
  • Conditions
  • Schedules
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5
Q

What information is contained within the Recitals of the JCT Minor Works contract?

A
  1. Definition of the works
  2. Schedule of design information
  3. Type of priced document provided
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6
Q

What information is contained within the Articles of the JCT Minor Works contract?

A
  1. Contractor’s obligation
  2. Contract sum
  3. Identifies CA, PD and PC
  4. Clarifies dispute/legal proceedings (adjudication mandatory, arbitration optional)
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7
Q

What information is contained within the Contract Particulars of the JCT Minor Works contract?

A

Project specific information:

  1. Dates
  2. LADs
  3. Retention
  4. Insurance options
  5. Dispute details
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8
Q

What information is contained within the Attestation section of the JCT Minor Works contract?

A

Contract is signed either under hand or under seal

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9
Q

Who are the main parties to a construction contract?

A

Employer and Contractor

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10
Q

What is the difference between a contract signed under hand or as a deed?

A
  1. Execution under hand - 6 year limitation period (as per Section 5 of the Latent Damage Act 1986)
  2. Execution under seal (aka. as a deed) - 12 year limitation period (as per Section 8 of the Latent Damage Act 1986)
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11
Q

What is meant by the term ‘limitation period’?

A

The period of time, starting from the date of the breach, that an action can be brought for breach of contract

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12
Q

What information is contained within the Conditions of the JCT Minor Works contract?

A
  1. Definitions
  2. Carrying out the works
  3. Control of the works
  4. Payment
  5. Injury, damages and insurance
  6. Termination
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13
Q

What information is contained within the Schedules of the JCT Minor Works contract?

A
  1. Arbitration - outlines arbitration process if applicable (must state in the Contract Particulars)
  2. Fluctuations Option (contribution, tax and levy changes) - outlines process if applicable (must state in the Contract Particulars)
  3. Supplementary Provisions - encourages contractor to work collaboratively, maintain a culture of health and safety, suggest cost savings and suggest improvements to environmental performance where economically viable (all apply unless otherwise stated in the Contract Particulars)
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14
Q

What is the Contract Data under NEC and what is included within it?

A
  1. Details project specifics similar to the Contract Particulars under JCT (e.g. dates, delay damages, retention, insurance details, dispute details)
  2. In ECSC, contains the Price List, Works Information and Site Information
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15
Q

What is the Works Information under NEC and what is included within it?

A
  1. The entire information a Contractor requires in order to know what to build and how
  2. Specifies and describes the works (e.g. drawings, specifications, schedules etc.)
  3. States any constraints on how the Contractor provides the works
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16
Q

What is the Site Information under NEC and what is included within it?

A
  1. All available information for the Contractor to assess the context of the construction and therefore the risks
  2. Describes the Site and its surroundings (e.g. boundaries, access routes, known hazards, flood risks, contamination, legislative constraints, existing buildings information etc.)
17
Q

Which of the standard forms of contract require a programme to be included as a contract document?

A
  1. Mandatory inclusion under the NEC forms of contract (except in Short Contract where it must be stated whether one is required) which must be submitted by the Contractor
  2. Under JCT contracts, only mandatory for SBC
18
Q

What is the significance of the programme under NEC contracts?

A

Its function is to become the tool by which change is assessed, progress is monitored and assists in the management of Early Warning Notices and Compensation Events

19
Q

What are the consequences if a Contractor does not submit a programme under NEC?

A

One quarter of payments can be retained in assessments until it is

20
Q

What is defined cost under an NEC form?

A

The amount paid by the Contractor in providing the works (excluding any tax which the Contractor can recover) for:

  1. People employed by the Contractor
  2. Plant and materials
  3. Work subcontracted by the Contractor
  4. Equipment
21
Q

What document takes precedence in the event of a discrepancy between the specification and drawings?

A

If a document is to take precedence over another (e.g. drawings vs specification), this should be stated in the prelims, otherwise the CA must issue an instruction to correct errors accordingly

22
Q

How are non-standard amendments included in a standard form of contract?

A
  • JCT - amendments are made via a Schedule of Amendment annexed to the Articles of Agreement
  • NEC - amendments are incorporated into the contract via optional Z clauses
23
Q

Is it possible to amend a contract once it has been signed?

A

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24
Q

How can you include other consultants in a contract?

A

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25
Q

In your experience, who is usually responsible for compiling the contract documents?

A

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26
Q

From your experience, how are all the various documents included in the contract?

A

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27
Q

What contract documentation would your client have to include in order to comply with the CDM Regulations?

A

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28
Q

How do the different types of pricing document help or hinder your work on a project?

A

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29
Q

In relation to contracts, what are the benefits of using the NBS?

A

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30
Q

What is the ranking of contract documents?

A

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31
Q

On a D&B project, what takes precedence, the employer’s requirements or the contractor’s proposals?

A

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32
Q

A delay following work by the statutory authority has been caused. What would happen if the contract documents state the contractor has responsibility for statutory undertakings but the contractor’s tender states he does not?

A

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EM Contract Admin (21 decks)

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