4. Contract admin and construction process Flashcards
What are the stages involved in the construction phase?
- Pre-start meeting.
- mobilisation period
- Date of possession
- Construction phase including regular site inspections and progress reports, meetings and variations.
- handover i.e. practical completion, start of rectification and maintenance period, practical completion certificate or partial non-completion
- rectification period and maintenance period
- Final completion.
What are some typical contents of a pre-start meeting?
Introductions
Contract formalities
CDM and health and safety
General procedures and site information
Communication procedure
Future meetings
If more trees were delivered to site site, than is in the specification what would you do?
Firstly, work out who was at fault whether it was the supplier, contractor, quantity surveyor or landscape architect. They will be liable to pick up any additional cost and the bill of quantities takes precedence.
what are the advantages of having a program of works?
Keeps the project on schedule and has better financial control (the client knows what they need to do and in which order, sourcing materials on time, appointing specialists and resources in time, better efficiency, and improves worker safety)
Crucial as landscape architect as you can plan works around the planting seasons
What are acceptable reasons for an extension of time?
Unforeseen adverse weather, exceptional circumstances such as Covid or terrorism
What is construction?
Construction work means carrying out of any building or engineering work, including the demolition, dismantling or decommissioning of work
On a construction team who makes up the client team?
Client
Landscape architect unless they have been novated
Contract administrator
Quantity surveyor
Clerk of works
On a construction project, what is the client role?
The client makes decisions relating to the scheme in its construction or appoint others to do so
They decide on the budget and timescales
They appoint the design team
They sign the legal documents such as contracts
Appoint a CDM coordinator
And pay invoices from both client team and contractor
In a construction project, what is the landscape architect role?
They advise the client on appointing a contractor and appropriate subcontractors.
Prepare any relevant contract documents and carry out contracted administration if there is no contract administrator.
They provide technical information as agreed in the contract.
Visit the site to inspect the quality and progress
In construction projects, what is the contract administrators role?
Issue change control procedures such as instructions, variations.
The issue progress certificates such a certificate of final completion, practical completion, making good, non-completion, payments certificates.
They chair progress meetings and issue progress report
Agree procedures for testing and reporting defects.
Advise the client on appointing a contractor.
Contracted administration, during site operations and visits to inspect the quality and progress
Periodic finance and progress reports.
Issue payment certificates, including partial or final completion
In construction project, what is the project managers role?
They represent an act on behalf of the client.
Manage and coordinate different disciplines and contractors involved in the project.
Provide an independent service
In construction project, what is the quantity surveyor role?
Prepare bill of quantities
Prepare pre tender estimates
Check tenders and produce the tender report
Advise on general financial aspect of the project
Involved in any change in design (variation) during the construction phase
Measuring works carried out on site and periodically valuing material on site
Produce monthly cost report
Agree the final account
In construction projects, what is the clerk of works role?
Inspect materials and workmanship
Issue verbal instructions on site to be confirmed by a relevant designer example landscape architecture within two days
Daily diary example weather report
Provide weekly progress report
Attend site progress meetings
The eyes and ears of the wider client design team , monitoring progress, quality, ecological compliance et cetera
In construction projects, what are the main contractors roles?
Carrying out work in accordance with the contract
Proving goods, materials and workmanship
Complying with all statutory and Health and Safety requirements
Prepare and manage the programme
Coordinate work of all subcontractors and suppliers
Giving notice of delays
Provide relevant insurance and other certificates
Making good any defects
Paying wages of workers
What is the concept of Agency?
When a client appoints a landscape architect to act as their agent, for example, setting up a contract between a client and a contractor.
Extent of authority and the degree of liability is controlled by the type of agency
Every act the agent performs within their scope of authority is legally binding for the client.
What is the contract admins role under JCLI?
Same as normal - they manage the contract, issue certificates, grant extensions of time. In the JCLI contract, the landscape architect may act as the contract administrator.
What is novation?
Novation is a process whereby the contractural responsibilities of the client get transferred to a third party, usually the main contractor. Essentially, you stop working directly for the client and start working for the contractor. It can be beneficial in cost saving, but can reduce overall quality of the project due to value engineering.
What is a pay less notice?
A pay less notice can follow an interim certificate to allow the client to pay the contractor less than the amount stated on the certificate. This would generally happen due to things like less work being done, loss of materials or a lack of quality.
Is the retention fee always 5%?
It is usually 5%, with 2.5% released at practical completion and 2.5% at final completion. It can be other amounts but will always be specified in the contract.
When would you appoint a quantity surveyor and what would the advantages be?
You would appoint them on larger projects when the costings are more complex. They are trained specifically for this, whereas the more complex and larger schemes might be beyond our competency as landscape architects i.e. it goes against the Code of Practice. The advantages would be that there would be more certainty and control of the cost.
What is the difference between a variation and an instruction?
A variation is the only type of instruction that a contract admin has the power to request. Variations include things like variations to the design, quantities, the works sequence or the quality.
Other instructions include work to be postponed, the carrying out of tests and completed work to be opened up for inspection.
What is a force majeure?
This is an ‘act of god’, a freak weather event, chance occurrence like war or an act of terrorism.
This kind of event frees both parties from liability for any damage caused, or from being unable to carry out works as per the contract. It covers anything out of unreasonable control of either party.
What are valid reasons for an extension of time?
The contractor will be subject to an EoT if there have been any unforeseen circumstances out of the contractors control, such as crime, natural disaster or pandemic (force majeure). If there are significant variations which means the work will take longer to complete, valid reasons for an EoT will be set out in the contract. JCLI and JCT minor works state specific reasons for delay e.g. variations
If you are a contract admin and the clerk of works issues an instruction, what do you do?
Certain instructions can be made by the clerk of works such as testing and excluding certain people from site, but variations can only be made through the contract admin, so you should politely remind of that if they try to issue a variation. Also remind the contractor that they cannot take instructions in the form of a variation from a clerk of works.
