06 Roles and Duties Flashcards
What is the role of a contract administrator?
Administers the terms of the contract in a fair and unbiased manner, including:
- Chairing meetings
- Inspecting progress and quality of works
- Issuing instructions, e.g. variation and change orders
- Assessing claims, e.g. extensions of time
- Authorising interim payments
- Certifying the date of completion
- Agreeing the final account
- Administering contract terms during rectification period
How can the role of a contract administrator lead to potential conflict within a construction contract?
CA has a dual role:
- Administrator - represents the employer’s interested (e.g. issuing instructions)
- Certifier - acts impartially (e.g. certifying payments, assessing claims
This can lead to potential conflicts (e.g. employer’s interest for CA to certify a narrow valuation, which would not be in the contractor’s interest)
What is the role of an employer’s agent?
- Acts as agent exclusively for the employer under design and build contracts
- Responsibilities depend on what has been instructed by the employer, as the employer is ultimately required to issue instructions, certificates etc.
- In practice, the EA will usually administer design and build contracts, acting as the employer’s ‘mouthpiece’
- Cannot be considered truly independent, but as they are given authority to bind the employer, to avoid disputes they should act impartially
- Important to recognise the contractor’s freedom to design
What is generally excluded from the role of an employer’s agent?
- Checking and verifying the contractor’s design in terms of adequacy and efficiency
- Checking and verifying the contractor’s design in terms of fitness for purpose
What is the role of a clerk of works?
Appointed by the employer to act solely as inspector on their behalf and under the CA’s direction, including:
- Witnessing tests
- Monitoring progress against programme
- Assessing whether works comply with legal requirements (e.g. health and safety)
- Assessing whether works are being carried out in accordance with the contract documents
- Measuring and taking samples
- Monitoring site conditions to ensure work is undertaken in accordance with manufacturers’ recommendations
- Providing regular reports
- Attending progress meetings
- Keeping records (e.g. progress, delays, weather, instructions received, deliveries, significant events etc.)
NB: do not supervise works (as this may attach them with responsibility of the works), they merely inspect the works
How is the role of a Project Manager under NEC different to the role of a CA under JCT?
Administers the NEC forms of contract and has similar responsibilities to a CA under JCT contracts
Minor differences to CA:
- Conclusively of decision-making - CA has power to make certain decisions based on ‘reasonableness’, whereas PM must collaborate with the employer and contractor, working within the ‘spirit of mutual trust and cooperation’
- Variations/change - PM actively monitors change by means of an early warning mechanism
- Practical completion - CA’s opinion when works are practically complete, whereas completion is defined within NEC, so PM’s subjectivity is not required
How does the role of the Project Manager named within the NEC form differ from the role of a project manager that you might find on any project?
General project management is concerned with the programme and delivery on a project (under both JCT and NEC), rather than specific CA duties
What is the role of the supervisor under the NEC form of contract?
Same as a Clerk of Works under JCT but for NEC contracts
Outline to a client his obligations under a construction contract.
- Appoint a design team
- Appoint a contractor
- Follow the payment terms under the contract
- Give possession of site as required
- Follow insurance terms under the contract
- Comply with CDM duties
Name three things your client cannot do under a JCT Standard From of contract.
- Obstruct the works
- Dictate the programme
- Issue instructions
What is the contractor obligated to do under a construction contract?
The contractor is obligated to complete the works according to the Contract Documents / Works Information and statutory requirements (e.g. CDM Regulations)
What documentation is issued by the contract administrator under a JCT contracts?
- Contract Instruction
- Interim Payment Certificate
- Final Payment Certificate
- Practical Completion Certificate
- Certificate of Making Good
- Pay Less Notice
- Extension of Time Certificate
- Non-Completion Certificate
What documentation is issued by the Project Manager under NEC contracts?
- Contract Instruction
- Early Warning Notice
- Compensation Event
- Payment Certificate
- Defects Notification Form (Pre-Contract)
- Defects Notification Form (Post-Contract)
- Defects Certificate
- Completion Certificate
- Sectional Completion Certificate
As CA, do you have the ability to stop a contractor working on site?
Yes, by issuing a contract instruction
