14 - Contract Administration Flashcards
1
Q
Why do you have predominate experience ewijt JCT MW ?
A
As I deal with similar sized projects, however I do have knowledge of the other forms of contract such as intermediate and standard building contract.
2
Q
What other suites of contracts are available ?
A
NEC - NEC was first published in 1993 as the New Engineering Contract. It is a suite of construction contracts intended to promote partnering and collaboration between the contractor and client. It was developed as a reaction to other more traditional forms of construction contract which have been portrayed by some as adversarial.
FIDIC - International Federation of Consulting Engineers - FIDIC stands for ‘Fédération Internationale des Ingénieurs - Conseils’, which is best translated from French as The International Federation of Consulting Engineers.
3
Q
What are the difference between jct and nec ?
A
JCT is adversial where as NEC is collaborative
NEC uses the contract programme as a contract document
Contract Administrator v Project manager
Relevant events / matter v compensation event (both time and money)
NEC does not allow for provisional sums
4
Q
What is the role of a contract administer ?
A
A contract administrator manages contracts made between building contractors, employers, and clients. Their responsibility is to administer construction contracts, whereby they may act as project managers, engineers, consultants and client representative
5
Q
You mention the RICS Guidance note son contract administration, can you expand on its contents please ?
A
Its now been withdrawn however it contains the Roles and responsibilities
appointment of the contract administrator
site inspections
meetings
6
Q
You mention the RICS Guidance note on retention, can you expand on its contents please ?
A
Reasons for inclusions
General principals of release of retention
Alternatives - Bonds etc
Contract specific clauses
7
Q
You mention the JCT practice note deciding on the appropriate jct contract, can you expand on its contents please ?
A
This is a document detailing the difference between the contracts. This document also includes a flow chart to help guide the decision.
8
Q
What is a employers agent ?
A
The contract administer on a design and build contract
9
Q
What does practical completion trigger ?
A
Practical Completion is a contractual term used in the Building Contract to signify the date on which a project is handed over to the client. The date triggers a number of contractual mechanisms including, releasing half of the retention, ending the contractor liability for liquidated damages, starting the rectification period.
10
Q
What are the contents of the contract documents ?
A
Drawings, schedule of work, preliminaries, pre ambles, construction programme, the contracts, photo report, asbestos information etc
11
Q
What is required for a contract under hand ?
A
Signed by director and a the company secretary, liability for 6 years.
12
Q
What is required for a contract under deed ?
A
Signed by two directors and attached the common seal of company
13
Q
At Kenton lodge can you discuss me through the payment timeline in relation to this amendment ?
A
The contractor agreed with my conclusion and amended the valuation and re issued the same day. My payment certificate was then compiled and issued in due course, in line wit the 5 days for intermin JCT MW payments from the due date.
14
Q
What is the final account ? What are the timelines attached to this ?
A
The final account is the conclusion of the contract sum (including all necessary adjustments) and signifies the agreed amount that the employer will pay the contractor. It includes any works that are paid to the contractor through the main contract. The timeline is as follows :
Contractor submit valuation up to 28 days before the due date
CA assesses and issue Payment certificate within 5 days of due date
Employer can issue a pay less notice up to 5 days before final date for payment
Final date for payment is 14 days from due date
15
Q
What is partial completion ? What contract did you run this under ?
A
The client may wish to take possession of part of a building or site, even if works are ongoing. This can be programmed within the original contract documents it the need can be foreseen through a requirement for sectional completion which is not allowed under JCT MW, but in the absence of such a provision many contracts offer the more open-ended option of partial possession.
The effect of partial possession is that:
Any part for which partial possession is given is deemed to have achieved practical completion.
Half of the retention for that part must be released.
The defects liability period begins for that part.
Liquidated damages reduce proportionally.
The client is responsible for that part and should insure it.
The contractor is not obliged to allow partial possession (although permission cannot be unreasonably withheld), and may not wish to if, for example, access routes are difficult to achieve, it would disrupt the works, or it would incur additional costs. There could also be additional difficulties if the occupants of the part that has been possessed disrupt the contractor, which could result in a claim for extension of time and/or loss and expense.
16
Q
What stage of riba is the building regs ?
A
Stage 4 - Technical Design
17
Q
What affect did COVID have on your jct contract ?
A
Potential delay - consideration of if relevant event or relevant matter
18
Q
How would you review and extension of time ?
A
Assess the contractors claim - should be notified whenreasonbale apparent
Consider was this a relevant event
Assess the claim
Formally confirm the outcome
19
Q
How would you formal define at extension of time ?
A
Via a formal letter to contractor and employer
20
Q
What were your insurance revisions under the jct contract ? Joint names ?
A
JCT MW
- 4A (Work insurance by Contractor in joint names) - New dwelling
- 4B (Works and existing structures insurance by employer in joint names)
- 4 C (Works and existing structure insured by other means)
21
Q
What would you look at when assessing contractors and sub consultants ?
A
Credit rating Reference Size Experience Availability Willingness H&S
22
Q
Partial completion under jct mw ?
A
Not within the contract but an adhoc agreement can be made
23
Q
What might you do as a contract administrator prior to the contract being signed ?
A
The role of contract administrator does not technically commence until a building contract is in place between the employer and the contractor; however, in practice the responsibilities of the CA will have commenced before the building contract exists. However, the contract administrator would normally draft the contract prior to a pre start meeting.
24
Q
What are payment timescales under jct mw?
A
Interim
Interim Valuation date is 7 days before the due date. contractor can submit valuation application for payment prior to this.
CA has 5 days from due date to create payment certificate
Final date for payment is 14 days from due date
Employer has up to 5 days before due date to issue a pay less notice
Final
Contractor has 28 before due date to submit valuation
CA as 5 days from due date to create payment certificate
Final date for payment is 14 days from due date
Employer has up to 5 days before due date to issue a pay less notice
25
What happens if your contractor does not get paid. ?
The contractor has the ability to terminate the contract, however I would ensure to consider negotiations in the interim.
26
What are the differences newwten minor works and intermediate cjct contract ?
JCT Intermediate allows for
Named sub contractors
Sectional completion
27
• Have you ever used any other types of contract ?
NO BUT IM AWARE OF THE OTHER OCNTARCT UNDER jcT SUCH AS THE INTERMEDIATE CONTRACT WITH AHSD PROVISIONAL FOR SECTIONAL COMPLETION, ALSO AWARE OF THE NEC SUIT OF CONTRACT BUT HAVE NOT USED BEFORE, AIMEDED more and civil construction works.
28
What are the tother types of JCT Contracts ?
MW / with CD
Standard BC / with CD
Intermediate BC / with CD
Design and Build
29
Why did you choose a jct minor works contract ?
Works simple in nature
No requirement for sectional completion
No requirement for sub contractors design
30
What are the other suites of contracts available ?
NEC
| FIDIC
31
What are the CA duties ?
A contract administrator manages contracts made between building contractors, employers, and clients. Their responsibility is to administer construction contracts, whereby they may act as project managers, engineers, consultants and client representatives.
32
What cerst can you issue under JCT MW contract ?
Contract variation, payment cert, cert of making good defects, cert of practical completion, non completion
33
What option do you have regarding a fixed completion date ?
Acceleration- see RICS guidance note
34
What happens if a tendering contractor included an obvious error ? What are the options ? Where would find this information ?
Alternative 1 = Details provided and the contractor has the choice to confirm or withdraw submission with no amendments
Alternative 2 - Details provided and opportunity to confirm or amend to correct the error.
Source - JCT Practice note - Tendering
35
Tell me about your tender analysis process and the recommendations you made to your client.
I reviewed the tender and created a spreadsheet to compare oall of the tender prices per item to highlight any provisional sums, high or low prices in comparison to tother submissions. I advised the client of the best price and consideration regarding start date, previous experience and highlighted prudent information.
36
What process did you follow when opening the tenders?
They were all opened in the presence of a colleague after the tender deadline.
37
When can a JCT MW contract eb terminated ?
Default by contractor
Default by employer
Insolvency
38
What are the types of procurement ?
General contracting;
Design and build;
Construction management; and.
Management contracting.
39
What are the types of tendering ?
```
Open Tendering.
Selective Tendering.
Serial Tendering.
Framework Tendering.
Single-stage and Two-stage Tendering.
Public Procurement.
```
40
How would you calculate a contingency ?
I would refer to the number of provisional or unknown sums and any investigates items and calculate a suitable percentage to be added. This would not be visible to the contractor but between the CA and employer.
41
What insurance would you seek from a contractor prior to construction ?
All risks
PI
Public Liability
42
What is all risk insurance ?
"All risks" refers to a type of insurance coverage that automatically covers any risk that the contract does not explicitly omit. For example, if an "all risk" homeowner's policy does not expressly exclude flood coverage, then the house will be covered in the event of flood damage.
43
What if it is refused (ETO)
Time at large
44
What is time at large
An example includes when EOT has been declined by the client the completion date in not defined at 'Time is at large'
45
What are the procurement options available ?
```
Traditional contract 86%
Single-stage design and build 41%
Two-stage design and build 39%
Management contract 18%
PFI 10%
```
46
What are the JCT MW insurance options ?
5. 4A - Works insurance by Contractor in Joint names - Intended new building with no existing structure - contractor would take out all risk insurance
5. 4B - Works and existing structure insurance by Employer in Joint names - Works to existing buildings - The existing structure together with its contents are insured in joint names against specified perils. Employer amend current insurance to cover the contractor
5. 4C - Works and existing structure insurance by other means - Employer keeps there insurance and the contractors take out insurance for the works and damage to the structure
47
What are traditional procurement ?
Traditional procurement remains the most commonly-used method of procuring building works. It comprises a tripartite arrangement involving a client, consultants and contractor.
The traditional procurement route involves separating design from construction. The client first appoints consultants to design the project in detail and to ensure cost control and inspect the construction works as they proceed. Contractors are then invited to submit tenders for the construction of the project on a single-stage competitive basis.
48
What is design and build procurement ?
Design and build is a term describing a procurement route in which the main contractor is appointed to design and construct the works, as opposed to a traditional contract, where the client appoints consultants to design the development and then a contractor is appointed to construct the works.
The contractor is responsible for the design, planning, organisation, control and construction of the works to the employer’s requirements. The employer gives the tenderers the ‘Employer’s Requirements’ and the contractors respond with the ‘Contractor’s Proposals’, which include the price for the works.
Design and build can be seen as giving a single point of responsibility for delivering the entire project. Some clients, however, consider it is only appropriate for simple projects, where design quality is not the main consideration.
49
Who calculated the figure for liquidated damages ?
The client may wish to take possession of part of a building or site, even if works are ongoing. This can be programmed within the original contract documents it the need can be foreseen through a requirement for sectional completion which is not allowed
50
What is an insurance backed guarantee ?
An Insurance Backed Guarantee (IBG) is a guarantee given by a contractor to provide peace of mind in case the contractor has ceased trading. Contractors can offer guarantees for up to 25 years, but if the contractor was to close down then their guarantee would be worthless, hence the requirement for it to be backed by a third party insurer.
51
What is required to form a contract ?
Offer
Acceptance
Consideration
Intension to have Legal relations
52
What is a relevant matter ?
Relevant matters in construction contracts
Relevant matters are referred to in some construction contracts, such as JCT contracts. A relevant matter is a matter for which the client is responsible that materially affects the progress of the works. This may enable the contractor to claim direct loss and / or expense that has been incurred. Relevant matters might include:
Failure to give the contractor possession of the site.
Failure to give the contractor access to and from the site.
Delays in receiving instructions.
Opening up works or testing works that then prove to have been carried out in accordance with the contract.
Discrepancies in the contract documents.
Disruption caused by works being carried out by the client.
Failure by the client to supply goods or materials.
Instructions relating to variations and expenditure of provisional sums.
Inaccurate forecasting of works described by approximate quantities.
Issues relating to CDM.
Relevant matters should not be confused with relevant events. A relevant event is an event that causes a delay to the completion date, which is caused by the client, or is a neutral event not caused by either party. Relevant events entitle the contractor to claim an extension of time; that is for the completion date to be moved. A relevant event does not necessarily entitle the contractor to claim loss and expense. Similarly, a relevant matter need not necessarily result in a delay to the completion date, and so may not always entitle the contractor to an extension of time.
NEC contracts deal with these issues under the single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.
The Society of Construction Law Delay and Disruption Protocol, 2nd edition, refers to an event or cause of delay or disruption which under the contract is at the risk and responsibility of the employer, as an 'employer risk event'.
53
What is a relevant event ?
Delays on a project will have different contractual consequences depending on the cause of the delay:
Where a delay which impacts on the completion date is caused by the contractor (culpable delay), the contractor will be liable to pay liquidated and ascertained damages (LADs) to the client.
Where a delay which impacts the completion date is not caused by the contractor, it may be a ‘relevant event’, for which the contractor may be entitled to an extension of time and to claim loss and expense incurred as a direct result of the delay.
A relevant event may be caused by the client, or may be a neutral event such as exceptionally adverse weather. The contract should set out what constitutes a relevant event.
Relevant events may include:
Variations.
Exceptionally adverse weather.
Civil commotion or terrorism.
Failure to provide information
Delay on the part of a nominated sub-contractor.
Statutory undertaker’s work.
Delay in giving the contractor possession of the site.
Force majeure (events that are beyond the reasonable control of a party, such as a war or an epidemic).
Loss from a specified peril such as flood.
The supply of materials and goods by the client.
National strikes.
Changes in statutory requirements.
Delays in receiving permissions that the contractor has taken reasonable steps to avoid.
When it becomes reasonably apparent that there is a delay, or that there is likely to be a delay that could merit an extension of time, the contractor gives written notice to the contract administrator identifying the relevant event that has caused the delay. If the contract administrator accepts that the delay was caused by a relevant event, then they may grant an extension of time and the completion date is adjusted.
Claims for extension of time can run alongside claims for loss and expense however, one need not necessarily lead to the other. The contractor is required to prevent or mitigate the delay and any resulting loss, even where the fault is not their own.
Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the contractor’s fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time. The client would lose any right to liquidated damages.
NB: On NEC contracts, delays are dealt with slightly differently and are referred to as 'compensation events'.
54
What item would normally be included in contractors design ?
Mechanical and Electrical
55
If the liquidated damages section is left blank what does this mean ?
They have not been agreed but can be claimed for in court.
56
Is there any provision in the contract for the inclusion of any negotiations ?
Yes, within the JCT MW contract both the client and the contractor have a represented nomination with regards to negotiation of disputes
57
Can you give me an example of items contained within a snagging list / rectification period ?
```
Broken tiles on the roof.
Patchy paintwork, anywhere in or on the property.
Insufficient loft insulation.
Incomplete grouting in the bathroom.
Poorly fitted skirting boards.
No acid wash on outside brickwork.
```
58
Does the contractor have a right to access during the rectification period
Yes but should be pre agreed access etc
59
What is subcontractor design ?
when a sub contractor carries out take the liability for art of the design, normally a specialist items.
60
Why did you allow a 12 month rectification period?
To allow for full seasonal changes.
61
How was the principal contractor appointed? Under CDM.
A principal contractor must be appointed in writing by the client where a project involves more than one contractor.
62
What else could you use apart from BCIS for cost estimates?
Previous tender submission relative to the work
63
Did you undertake any pre-qual checks on the contractors?
PQQ, insurance, references, credit checks
64
Did all contractors provide a 17 week programme?
No, one was 15, one 22. However, price was the driving factor.
65
What is the main aim of an extension of time ?
To protect the employers right to liquidated damages in the event the contractor fails to complete on time.
66
What does the term ' time at large ' relate to ?
Time at large usually means that there is no enforceable date for completion, and the contractor then only has an implied obligation to complete the works within a 'reasonable time'.
67
What caused the delay and EOT at Hermitage Park
Additional works added to the scheme during the course.
68
Does JCT MW allow for phased completion or occupation ?
No but an adhoc arrangement can be agreed by the parties.
69
What is a pay less notice ?
A Pay Less Notice is a written notification from the Payer to the Payee of the Payer's intention to pay less than the value stated in either their previous Payment Notice and/or the Payee's application.
70
NCI House: Tell me about how you settle a final account?
Contractor sent all information within 3 months of PC (this is 6 months for IFC or SBC). Within 3 months the QS must ascertain the amount of loss and expenses and prepare a statement of all adjustments to be made to the contract sum to formalise the final account statement. The CA must ‘forthwith’ issue the statement to the contractor for signature
71
What is the final certificate conclusive of? (WEAL)
Works, goods or materials that are expressly described within the contract are to the architect’s satisfaction
All adjustments of the contract sum have been dealt with and agreed
All extensions of time have been given and dealt with
All loss/ and or expense claims have been settled.
72
If you had made an error and approved the additional costs, what could the client do so they don’t make the over payment?
Issue a pay less notice
73
What advise did you give to the client in relation to Covid-19?
TBC
74
21A Hermitage Park: Given the EoT was based on significant variations, what would you technically call this?
Relevant Matter (Money)
75
What affect would this have on the client making any claims from the contractor?
Completion date would be moved back affecting the ability to collect liquidated damages
76
What must liquidated damages be?
A true calculation of the costs and or loss, not a penalty.
77
Which form(s) of contract are you most familiar with? I encourage assessors to ask this as a standard opening question to ensure that the questions that follow are based on your declared experience
JCT and JCT MW 2005 more specifically
78
What are the limitations of this form of contract? (i.e. one of the contracts you give in response to the opening question above).
Does not allow for sectional completion or sub contractor design.
79
What alternative forms of contract would you consider and what factors would make the alternative more suitable?
JCT Standard Contract
Large or complex works
JCT Intermediate Contract
Simple constction works
Works carried out in parts
80
What document(s) would you refer to assist in advising on the most suitable form of contract.
RICS Contract Administration - 1st Edition - Guidance Note
| JCT Deciding on the appropriate JCT contract 2016
81
What information is included in the RICS Guidance Note on Contract Administration?
```
Roles and responsibilities of a contract administrator
Records
Site meetings
Meetings
Interim Valuations
Health and Safety
```
82
Give me some examples when the JCT Minor Works contract is most suitable.
Simple in nature, no section completion. No sub contractor design,
83
What is a relevant event?
Delays on a project will have different contractual consequences depending on the cause of the delay:
Where a delay which impacts on the completion date is caused by the contractor (culpable delay), the contractor will be liable to pay liquidated and ascertained damages (LADs) to the client.
Where a delay which impacts the completion date is not caused by the contractor, it may be a ‘relevant event’, for which the contractor may be entitled to an extension of time and to claim loss and expense incurred as a direct result of the delay.
A relevant event may be caused by the client, or may be a neutral event such as exceptionally adverse weather. The contract should set out what constitutes a relevant event.
Relevant events may include:
Variations.
Exceptionally adverse weather.
Civil commotion or terrorism.
Failure to provide information
Delay on the part of a nominated sub-contractor.
Statutory undertaker’s work.
Delay in giving the contractor possession of the site.
Force majeure (events that are beyond the reasonable control of a party, such as a war or an epidemic).
Loss from a specified peril such as flood.
The supply of materials and goods by the client.
National strikes.
Changes in statutory requirements.
Delays in receiving permissions that the contractor has taken reasonable steps to avoid.
When it becomes reasonably apparent that there is a delay, or that there is likely to be a delay that could merit an extension of time, the contractor gives written notice to the contract administrator identifying the relevant event that has caused the delay. If the contract administrator accepts that the delay was caused by a relevant event, then they may grant an extension of time and the completion date is adjusted.
Claims for extension of time can run alongside claims for loss and expense however, one need not necessarily lead to the other. The contractor is required to prevent or mitigate the delay and any resulting loss, even where the fault is not their own.
Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the contractor’s fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time. The client would lose any right to liquidated damages.
NB: On NEC contracts, delays are dealt with slightly differently and are referred to as 'compensation events'.
84
How do NEC contracts differ from JCT contracts in the terminology used?
JCT is adversial where as NEC is collaborative
NEC uses the contract programme as a contract document
Contract Administrator v Project manager
Relevant events / matter v compensation event (both time and money)
NEC does not allow for provisional sums
85
When might an early warning notice be issued on an NEC contract?
The contract makes provision for early warning procedures. Both parties must give early warning of anything that may delay the works, or increase costs as soon as they become aware of them. They should then hold an early warning meeting to discuss how to avoid or mitigate impacts on the project.
If the contractor fails to give early warning of a possible delay to the works, or increase in costs, they will only be compensated for effects that would have remained anyway even if they had given early warning.
If the contractor fails to give early warning of an event that may give rise to a possible delay to the works, or increase in costs, within 8 weeks of becoming aware of the event, they will not be entitled to a change in price, completion date or key date, unless the project manager should have notified the event to the contractor but did not.
86
How would you calculate Liquidated Damages for inclusion within a contract?
The client would calculate the actual costs incurred per week for the potential delay.
87
Give an example of a situation where a contractor might be entitled to an extension of time?
Variations.
Exceptionally adverse weather.
Civil commotion or terrorism.
Failure to provide information.
Delay on the part of a nominated sub-contractor.
Statutory undertaker’s work.
A delay in giving the contractor possession of the site.
Force majeure (such as an epidemic or an 'act of God').
Loss from a specified peril such as flood.
The supply of materials and goods by the client.
Strikes.
Changes in statutory requirements.
Delays in receiving permissions that the contractor has taken reasonable steps to avoid.
88
Is a contractor always entitled to loss and expense when they are granted an extension of time?
No, a claim for loss and expenses would lint to a relevant matter
89
What does the end of the rectification mean re access to the site ?
Ends the right of the contractors to return to site for access and put put right snagging times
90
What if the client does not want the contractor to complete the snagging items within the rectification period / does not want to give access ?
they have to allow the contractor to make good these unless and agreement is made.
91
Q. Which form(s) of contract are you most familiar with? I encourage assessors to ask this as a standard opening question to ensure that the questions that follow are based on your declared experience
A. JCT IC and MW 2016.
92
Q. What are the limitations of this form of contract? (i.e. one of the contracts you give in response to the opening question above).
A. MW does not allow for:
- no provision for CoW – if client wishes to have a CoW this needs to be made clear at tender stage (contract amendment)
- no sectional possession or completion
- no QS
- use or occupation of the site by the employer during the works
- nominated or named sub-contractors or suppliers
93
Q. What alternative forms of contract would you consider and what factors would make the alternative more suitable?
A. JCT Standard Contract for Large or complex works
JCT Intermediate Contract
Simple construction works
Works carried out in sections
94
Q. What document(s) would you refer to assist in advising on the most suitable form of contract.
A. RICS contract administration 1st ed – guidance note
| JCT deciding on the appropriate JCT contract 2016
95
Q. What information is included in the RICS Guidance Note on Contract Administration?
```
A. Roles and responsibilities of a contract administrator
Keeping Records
Site meetings
Meetings
Interim Valuations
Health and Safety
```
96
Q. Give me some examples when the JCT Minor Works contract is most suitable.
A. works are simple in character
Client doesn’t require sectional completion
No subcontractor design
97
Q. Give me some examples of the limitations of this form of contract.
A. - no sectional possession or completion
- no QS
- no provision for CoW
98
Q. What is a relevant event?
TBC
99
Q. How do NEC contracts differ from JCT contracts in the terminology used?
A. JCT is considered to be adversarial whereas NEC is collaborative
NEC used the contract programme as a contractual document
Terminology: CA (EA under DB) vs PM (PS similar to COW)
Variations: changes RM (EOT) and RM (L&E) vs compensation events (both time and money)
100
Q. When might an early warning notice be issued on an NEC contract?
TBC
101
Q. How would you calculate Liquidated Damages for inclusion within a contract?
TBC
102
Q. Give an example of a situation where a contractor might be entitled to an extension of time?
A. Waterton House, if the client has added works to scheme or
103
Q. Is a contractor always entitled to loss and expense when they are granted an extension of time?
TBC
104
Q. what contractual mechanisms are you aware of under the contract? i.e. MW and IC.
TBC
105
Q. what is your understanding of the RICS guidance note Contract admin?
TBC
106
Q. talk me through the process how you handled the scope change when the end user introduced a level access shower?
A. the contractor provided the
107
Q. what considerations did you consider when selecting a location for the level access shower?
A. I considered areas with existing drainage to connect into
108
Q. why did you undertake fortnightly inspections, how did you agree this?
I agreed this at the pre-start meeting taking into consideration the length of the construction period and made an assessment on fornightly is a suitable timescale.
109
Q. Talk me through the process you followed when assessing the contractor’s request for payment.
TBC
110
Q. How did you determine when practical completion had been achieved?
TBC
111
Q. If you did not agree with the amount claimed by the contractor, what action would you take?
TBC
112
Q. How did you determine the length of the defect liability period for this contract?
TBC
113
Q. Do you always specify for a retention amount to be retained – discuss the implications of not keeping retention.
TBC
114
Q. How would you deal with a request for payment for materials on site?
TBC
115
Q. What checks do you make to ensure the materials you specified have been used on site?
TBC
116
Q. how did you determine practical completion?
TBC
117
Q. what did you do at PC?
A. I issued the PC certificate.
118
Q. how long was the rectification period?
A. 12 months.
119
Q. how did you decide the rectification period was 12 months?
A. to allow for all 4 seasons to pass.
120
Q. if there were defects that arose in the rectification period, how would you deal with it?
A. I would contact the contractor and arrange for them to come out and rectify.
121
Q. Explain why you felt it necessary to check the tender submission was not “front loaded”
TBC
122
Q. Explain the process you followed when the contractor over-valued his application for payment.
TBC
123
Q. What information was included on the penultimate certificate issued at practical completion.
TBC
124
Q. Explain what action you took before issuing the final certificate.
TBC
125
Q. What information do you include on a contract instruction?
TBC
126
Q. How do you keep track of the current cost of an on-going contract?
TBC
127
Talk me through the process you followed when assessing the contractor’s request for payment.
I reviewed the progress, programme, valuation in reference to the tender breakdown. The items being claimed has not previously been raised and were not suitable claims.
128
How did you determine when practical completion had been achieved?
Following a site inspection in reference to the schedule of work items
129
If you did not agree with the amount claimed by the contractor, what action would you take?
Discuss initially and then create my own valuation of the works to be followed by a payment certificate.
130
How did you determine the length of the defect liability period for this contract?
Under JCT MW this is by default 3 months however I would consider if this should be extended to allow for seasonal changes.
131
Do you always specify for a retention amount to be retained – discuss the implications of not keeping retention.
I do in my project, this helps to safeguard the client and in reality helps to get the contractor back to site to complete the remaining works. If this was retained then remedial works could be completed by a third party but would likely relate to additional costs.
132
How would you deal with a request for payment for materials on site?
Check to ensure they are on site, delivered and for the project, this would then be included within my following payment certificate if accurate.
133
What checks do you make to ensure the materials you specified have been used on site?
during my site inspection inspect these items, I make specific reference to these items within my schedule fow or to allow for the CA to inspect prior to covering. Sufficient notice should be given to allow for travel etc and attendance to site.
134
Explain why you felt it necessary to check the tender submission was not “front loaded”
This is something that I consider will all tender to ensure and check the weighting of the figures in comparison to other during the tender analysis.
135
Explain the process you followed when the contractor over-valued his application for payment.
I reviewed the progress and material on site to confirm my valuation of the works, I communicated this to the contractor who agree, I then created and issued a payment certificate (interim).
136
What information was included on the penultimate certificate issued at practical completion.
```
Penultimate Valuation
Valuation No
Date
File / Project Ref
Date
Retention at 2.5%
Less previously certified
```
137
Explain what action you took before issuing the final certificate.
Inspection of site to confirm completion of snagging items
138
What information do you include on a contract instruction?
```
Variation No
Date
File / Project Ref
Add /Omit
Value of variation
Contract Sum
```
139
How do you keep track of the current cost of an on-going contract?
I have a cost tracker spreadsheet, % or value of work is entered per item as the works progress on site.
140
Q. why did you choose the ICD contract?
A. the Mechanical installation was CDP whereby a performance specification was provided.
141
Q. explain the process when you received the contractors claim for an EoT?
A. when the contractor advised there is going to be an EoT claim I advised the contractor to formally produce the claim in writing which I reviewed, the reason for the delay was due to ‘failure to supply information’ by the client. The contractor also stipulated the revised completion date (showing a 2-week delay). I explained the consequences to the client and granted an EoT to the contractor confirming the amended completion date.
142
Q. Explain you reasoned advice given to the client in respect of the main contractor’s unjustified
TBC
143
Q. Explain how you dealt with any defects arising during the defects period
TBC
144
Q. When getting the defects made good at the end of the defects liability period how do you ensure everything is complete before issuing the final certificate
TBC
145
Q. Explain the advice given to the client in respect of the delays caused by COVID 19.
TBC
146
Q. Explain the advice in respect of insurance and a possible extension of time.
TBC
147
Q. how do you ensure all snag items are closed down before handover?
A. I achieve this by proactively liaising with the contractor throughout the construction phase, ensuring any queries are answered within a reasonable time. I also carry out pre-snag inspections to assist in closing down any items. When all the items are closed down I then issue a PC certificate and advise the client that the obligation to insure the site returns to the client.
148
Q. Explain your reasoned advice in respect of the extension of time on this project.
TBC
149
Q. What advice did you give in respect of a possible loss and expense claim?
TBC
150
Q. Where there any costs which were claimed by the contractor but not justified – give examples.
TBC
151
Q. Explain how you determined the length of the extension of time granted.
TBC
152
Explain you reasoned advice given to the client in respect of the main contractor’s unjustified claim.
That the claim was not in correlation to the inspected works, that I would issue a true valuation / payment certificate.
153
Explain how you dealt with any defects arising during the defects period
I created a snagging list which was issued to the employer and the contractor, I then re inspected to confirm the items had been completed within the rectification period
154
When getting the defects made good at the end of the defects liability period how do you ensure everything is complete before issuing the final certificate
Via an inspection, I allow for early issue of snagging last and various inspections to confirm this, Regular communication also helps with this regard.
155
Explain the advice given to the client in respect of the delays caused by COVID 19.
At this time it was classed as a relevant event, to which the contractor submitted an EOT to delay the completion date due to the unforeseen events.
156
Explain the advice in respect of insurance and a possible extension of time.
Insurance provision would have to be in place / extended to cover the additional duration.
157
Explain your reasoned advice in respect of the extension of time on this project.
I advised the client that due to the additional works to the contract the completion date wa sno longer achievable.
158
What advice did you give in respect of a possible loss and expense claim?
As works has been added I did review to the client that a loss and epxses claim may be submitted by the contractor to account for the delays.
159
Where there any costs which were claimed by the contractor but not justified – give examples.
Not in this example.
160
Explain how you determined the length of the extension of time granted.
I review the additional works and the reasonable time to complete these items.
