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APC QS: Contract Practice > 1.5 Basic contractual mechanisms and procedures at various stages of the contra > Flashcards

1.5 Basic contractual mechanisms and procedures at various stages of the contra Flashcards

1
Q

Client / Contractor Protection

A

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2
Q

Give a list of mechanisms to protect the main contractor from the client.

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3
Q

Give a list of mechanisms which protect the client from the main contractor?

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4
Q

How would a dispute be dealt with in the contract?

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5
Q

What is meant by adjudication?

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6
Q

Which party under the contract has a right to adjudicate?

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7
Q

What is meant by arbitration?

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8
Q

Explain how provisions relating to Testing and opening up might benefit the client under a construction contract.

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9
Q

How do you deal with defective work?

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10
Q

What is meant by fluctuation provisions?

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11
Q

Can you explain what is meant by contribution levy and tax fluctuations

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12
Q

Can you explain what is meant by labour and materials cost and tax fluctuations

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13
Q

How are fluctuations rates worked out?

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14
Q

What is an advance payment? Why might the client wish to use one?

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15
Q

What is an advance payment bond?

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16
Q

Can you tell me the advantages and disadvantages of using an advanced payment compared to an advanced payment bond?

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17
Q

Explain what is meant by retention

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18
Q

Why is it beneficial to the client to use retention?

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19
Q

At what RIBA stage will retention firstly need to be considered?

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20
Q

Explain the significance of retention at tender stage and how it may be incorporated into particular tender documents.

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21
Q

What is a typical rate of retention?

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22
Q

Explain the process of releasing half then full retention.

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23
Q

What is an alternative to retention?

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24
Q

What is a retention bond? Why might this be used?

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25
Q

What might be a typical rate of retention?

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26
Q

What is the rectification (or defects) period?

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27
Q

What is a typical timescale for a rectification period?

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28
Q

Why is it beneficial to the client to include a rectification period under the contract?

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29
Q

Under a construction contract what contractual provisions may be in place to deal with materials off site?

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30
Q

Explain what a Performance Bond is.

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31
Q

At what RIBA stage will a Performance Bond firstly need to be considered?

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32
Q

How does the use of a Performance Bond affect certain processes at tender stage?

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33
Q

What is a typical value of a Performance Bond?

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34
Q

How will the client go about claiming a Performance Bond?

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35
Q

Explain what a Parent Company Guarantee is.

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36
Q

What are the benefits to the client of using a Parent Company Guarantee?

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37
Q

At what RIBA stage do we firstly need to consider Parent Company Guarantees?

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38
Q

How is a Parent Company Guarantee triggered? What are step-in rights?

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39
Q

Can you tell me the advantages and disadvantages of using a performance bond compared to a parent company guarantee?

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40
Q

What do you understand about the Third Parties Rights Act?

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41
Q

What are the disadvantages of using the Third Parties Rights Act?

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42
Q

How might a construction contract be suspended?

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43
Q

What is force majeure?

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44
Q

How can a construction contract be terminated by the contractor?

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45
Q

How can a construction contract be terminated by the employer?

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46
Q

What are LADs? How are they calculated?

A

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47
Q

What is the process for deducting Liquidated Damages?

A

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48
Q

Can Liquidated Damages be challenged by the contractor?

A

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49
Q

What provisions are within the JCT SBC to protect the client financially should the contractor become insolvent?

A

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50
Q

Can you tell me some of the reasons why an employer may determine the contract? What are the procedures in relation to this?

A

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51
Q

What is acceleration?

A

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52
Q

What is the process of acceleration?

A

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53
Q

What do we mean by a claim for Loss & Expense?

A

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54
Q

Why is it beneficial to the contractor to be able to claim for Loss & Expense?

A

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55
Q

What are the general heads of claims for loss & expense?

A

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56
Q

Give an example of the procedures and timescales which may govern a claim for loss & expense under a given construction contract.

A

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57
Q

What is an Extension of Time?

A

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58
Q

For what reasons may a contractor claim for an Extension of Time?

A

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59
Q

Why is it beneficial to the contractor to be able to claim for an Extension of Time?

A

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60
Q

Give an example of the procedures and timescales which may govern an Extension of Time claim under a given construction contract.

A

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61
Q

Can you explain what a Collateral Warranty is?

A

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62
Q

Why is it beneficial to the client to use a Collateral Warranty?

A

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63
Q

At what RIBA stage do we firstly need to consider a collateral warranty?

A

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64
Q

How is a Collateral Warranty triggered?

A

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65
Q

Timescales

A

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66
Q

Give an example of mechanisms which place timescales on parties named under a construction contract

A

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67
Q

Commencement & Completion

A

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68
Q

What do you understand by sectional completion?

A

1.5

69
Q

What contractual considerations are required if the works are divided into sections?

A

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70
Q

What do you understand by partial possession?

A

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71
Q

What things do you have to consider if the client takes partial possession of a site?

A

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72
Q

How does partial possession effect LADs and insurances as set out in the contract?

A

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73
Q

What are the advantages and disadvantages of Partial Possession?

A

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74
Q

What is the difference between sectional completion and partial possession?

A

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75
Q

What is meant by deferment of possession? How long might deferment of possession typically be?

A

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76
Q

What is an Extension of Time? How is it granted?

A

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77
Q

What is meant by a relevant event? Give some examples.

A

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78
Q

Sub-contractors

A

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79
Q

What are the different types of sub-contractors which may be named under a construction contract?

A

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80
Q

What are the contractual implications of using domestic sub-contractors?

A

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81
Q

What are the contractual implications of using a named sub-contractor?

A

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82
Q

Variations / CEs

A

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83
Q

What constitutes a variation under a JCT contract?

A

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84
Q

What are the rules for valuing variations under JCT?

A

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85
Q

If you are using JCT in relation to a variation how can you make it so that time and cost for implications are agreed upfront?

A

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86
Q

What is a Schedule 2 variation quotation? Why might this be beneficial to the client?

A

1.5

87
Q

What constitutes a Compensation Event under a NEC contract?

A

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88
Q

What are the rules for valuing Compensation Events under NEC?

A

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89
Q

What is the difference between valuing variations under a JCT compared to an NEC contract?

A

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90
Q

Explain what a verbal instruction is.

A

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91
Q

Is a verbal instruction applicable to both JCT and NEC?

A

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92
Q

Payment

A

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93
Q

What are the different types of payment mechanisms used under various construction contracts?

A

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94
Q

Explain the procedures and timescales which govern interim valuations under a JCT SBC.

A

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95
Q

How would the roles in the interim valuation process (in relation to the certifier and the valuer) differ under a JCT SBC and a JCT D&B Contract?

A

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96
Q

What do we mean by stage payments?

A

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97
Q

What do we mean by milestone payments?

A

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98
Q

What do we mean by payment against an activity schedule?

A

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99
Q

What do we mean by Valuation of works done to date on site (third-party certification)?

A

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100
Q

What is your understanding of a pay less notice? When might the client issue one?

A

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101
Q

Which timescales are governed by statute in relation to interim valuations?

A

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102
Q

If the contract did not state any rules for interim valuations and stage payments how would you know which rules to follow?

A

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103
Q

Insurances

A

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104
Q

What insurances are likely to be included under a construction contract?

A

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105
Q

Can you explain what Employers Liability insurance is?

A

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106
Q

Can you explain what Public Liability insurance is?

A

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107
Q

Can you explain what insurance of the works and existing structures is? How is this dealt with under a JCT contract?

A

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108
Q

What other optional insurances might be used under a construction contract?

A

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109
Q

Can you tell me about Professional Indemnity Insurance?

A

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110
Q

Other

A

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111
Q

What are the implications if an Employer is deemed to be a residential occupier within the meaning of section 106 of the Housing Grants Construction and Regeneration Act 1996?

A

1.5

112
Q

What is an information release schedule and why might the client choose to provide one?

A

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113
Q

What are the implications if an Employer is considered a ‘contractor’ for the purposes of the Construction Industry (CIS) scheme?

A

1.5

114
Q

What is the significance of inserting a Base Date into a construction contract?

A

1.5

115
Q

Under a construction contract what is meant by listed items? How are these significant?

A

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116
Q

Why might you have a bond for a listed item?

A

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117
Q

Under a construction contract what is meant by ‘assignment of rights’?

A

1.5

118
Q

What is the difference between executing a contract underhand or as a deed?

A

1.5

119
Q

For NEC contracts what is the mechanism for amending the terms?

A

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120
Q

What is your understanding of Practical Completion? What needs to be in place to grant Practical Completion?

A

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121
Q

What obligations do the Contractor commit to after Practical Completion?

A

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122
Q

Explain the process and timescales in relation to interim valuations under JCT and NEC

A

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123
Q

Explain the process of Early Warning Notices through to instructing a Compensation Even under an NEC contract

A

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124
Q

What is the Joint Fire Code and when does it apply to a contract? What effect does it have?

A

1.5

APC QS: Contract Practice (5 decks)

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