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P2C 2021 > 4. Contract Administration and the Construction Process > Flashcards

4. Contract Administration and the Construction Process Flashcards

1
Q

What are the stages involved in the construction phase/

A
  1. Pre-start meeting
  2. Mobilisation Period
  3. Date of possession
  4. Construction Phase (including regular site inspections, progress reports and meetings, valuations)
  5. Handover (practical completion, start of rectification/maintenance period) – practical completion certificate (or partial/non completion)
  6. Rectification period (defects liability) and Maintenance period
  7. Final completion (end of rectification/maintenance period)
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2
Q

What are some typical contents of a pre-start meeting?

A

Introductions, contract formalities, CDM/health and safety, general procedures and site information, communication procedure, future meetings.

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3
Q

If more trees were delivered to site than is in the spec, what would you do?

A

Firstly work out who was at fault (supplier, contractor, QS, landscape architect); they will be liable to pick up any additional costs. BoQ takes precedence.

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4
Q

What are the advantages of having a programme of works?

A

Keeps the project on schedule, has better financial control (client knows what they pay and when), everyone knows what they need to do and in which order, sourcing materials on time, appointing specialists/resources in time, better time efficiency, improves worker safety.
Crucial to landscape architects, you can plan works around planting season.

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5
Q

What are acceptable reasons for an extension of time?

A

Unforseen adverse weather, exceptional circumstances such as the covid pandemic or terrorism.

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6
Q

If more trees were delivered to site than is in the spec, what would you do?

A

Firstly work out who was at fault (supplier, contractor, QS, landscape architect); they will be liable to pick up any additional costs. BoQ takes precedence.

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7
Q

What is “construction”?

A

Construction work means the carrying out of any building or engineering work including demolition, dismantling or decommissioning work.

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8
Q

Roles on a construction project: Who makes up the client team?

A
  • Client
  • Landscape Architect (unless they have been novated)
  • Contract administrator
  • Quantity surveyor
  • Clerk of Works
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9
Q

In a construction project, what is the CLIENT’s role?

A

It is the client’s role to:

  • make decisions relating to the scheme and its construction (or appoint others to do so)
  • Decide on budget and timescales
  • Appoint the design team
  • signing legal documents such as contracts
  • appoint a CDM coordinator
  • Pay invoices from both client team and contractor
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10
Q

In a construction project, what is the LANDSCAPE ARCHITECT’S role?

A

It is the LA’s role to…

  • Advise client on appointing a contractor, and any appropriate sub-contractors
  • Prepare any relevant contract documents and carry out contract administration (if no contract administrator)
  • Provide technical information as agreed in the contract
  • Visit site to inspect quality and progress
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11
Q

In a construction project, what is the CONTRACT ADMINISTRATOR’S role?

A

It is the Contract Administrator’s Role to…

  1. Issue change control procedure - instructions, variations
  2. Issue progress certificates, such as certificate of final completion, practical completion, making good, non-completion, payment certificates.
  3. Chair progress meetings and issue progress reports
  4. Agree procedures for testing and reporting defects
  • Advise client on appointing a contractor
  • Contract Administration during operations on Site
  • Visit site to inspect quality and progress
  • Make periodic finance and progress reports
  • Issue instructions and variations
  • Issue payment certificates and progress certificates (including certificate of partial or final completion)
  • Chair meetings
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12
Q

In a construction project, what is the PROJECT MANAGER’S role?

A

It is the project manager’s role to…

  • Represents and acts on behalf of the client
  • Manages and coordinates the different disciplines / contractors involved
  • provides an independent service
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13
Q

In a construction project, what is the QUANTITY SURVEYOR’S role?

A

It is the QS’s role to…

  • Prepare the BoQ
  • Prepare pre-tender estimates
  • Check tenders and produce tender report
  • Advising on general financial aspects of the project
  • Involved in any change in design (variation) during the construction phase
  • measuring works carried out on site and periodically valuing all material on site
  • Produce monthly cost reports
  • Agree the final account
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14
Q

In a construction project, what is the CLERK OF WORKS’ role?

A

It is the Clerk of Works’ role to…

  • inspect materials and workmanship
  • Can issue verbal instructions on site (to be confirmed by relevant designer e.g. LA within two days)
  • daily diary (e.g. weather report)
  • Provide weekly progress reports
  • attend site progress meetings
  • They are generally the eyes and ears of the wider client design team, monitoring progress, quality, ecological compliance etc.
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15
Q

Roles on a construction project: Who makes up the contractor team?

A
  • Main Contractor

- Site agent / manager

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16
Q

In a construction project, what is the MAIN CONTRACTOR’S role?

A

It is the main contractor has the following roles…

  • carrying out the work in accordance with the contract
  • proving goods, materials and workmanship
  • complying with all statutory and health and safety requirements
  • prepares and manages the programme
  • coordinates work of all sub-contractors and suppliers
  • giving notice of delays
  • provide relevant insurance and other certificate
  • making good any defects
  • paying wages of their workers
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17
Q

What is the concept of Agency?

A

This is when the client appoints landscape architect to act as their agent, for example, setting up a contract between the client and 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

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18
Q

What is the contract administrator’s role under the JCLI contract?

A

Same as normal - manages the contract, issues certificates, grant extensions of time, etc. In the JCLI contract, the landscape architect may act as the contract administrator.

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19
Q

What is novation?

A

It is a process whereby the contractual responsibilities of the client gets transferred to a third party, usually the main contractor - basically 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.

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20
Q

What is a pay less notice?

A

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, due to things like less work being done, or loss of materials, or lack of quality.

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21
Q

Is the retention fee always 5%?

A

Usually 5%: 2.5% is released at practical completion and 2.5% at final completion. It can be other amounts - but will always have to be specified in the contract.

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22
Q

When would you appoint a quantity surveyor and what would the advantages be?

A

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 may be out of our competencies as landscape architects (and would go against the Code of Conduct to carry out anything our of our competencies).
The advantages would be that there would be more certainty and control of the costs.

23
Q

What is the difference between a variation and an instruction?

A

A variation is only type of instruction that the Contract Administrator 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.

24
Q

What is a force majeure?

A

It is an “act of god” such as a freak weather event, or a chance occurrence such as 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 reasonable control of either party.

25
Q

What are some valid reasons for an extension of time?

A

The contractor will be subject to an extension of time if there have been any unforeseen circumstances out of the contractors control, such as crime, natural disaster or pandemic (a “force majeure”).
If there are significant variations which means the work will take longer to complete.
Valid reasons for extension of time will be set out in the contract. JCLI and JCT minor works state specific reasons for delay, e.g. variations.

26
Q

If you are contract administrator and the clerk or works issues an instruction, what do you do?

A

Certain instructions can be made by the CoW (such as tests and excluding certain people from site), but variations can only be made through the contract administrator, so you should “politely remind” them of that if they try to issue a variation, and also remind the contractor that they cannot take instructions in the form of a variation from the clerk of works.

27
Q

What are some reasons for a contract to be terminated or completed?

A

xxx

28
Q

Explain novation agreements and their relevance to landscape architects

A

Novation is the transfer of the rights of one party under a contract to another. This can happen when the landscape architect initially enters into a contract with the project’s client, and then is transferred to the contractor. This often happens in design and built contracts.

29
Q

What happens if the main contractor goes bankrupt?

A

Legally speaking, the contractor will stop work and stop paying all sub-contractors - breach of contract. Contract becomes void.
The site must be made safe and secure- site responsibility and health and safety - and ensure all work stops.

30
Q

What are sub-contractors?

A

This is an individual or organisation appointed by the main contractor, usually because they are specialised to carry out a certain job, such as someone installing green roofs, or water features.

31
Q

What is a domestic sub-contractor?

A

This is a sub-contractor directly appointed by the main contractor. The main contractor is liable for them, and responsible for paying them.

32
Q

What is a nominated sub-contractor?

A

This is a sub-contractor directly appointed by the client - the contractor has less control over their selection, and not liable if they cause delay to the project. The client is responsible for their payment.

33
Q

What measures can be taken to avoid disputes?

A

Several measures, such as…

  • thorough detailing in all construction information
  • regular and thorough site inspections
  • follow conditions of contract
34
Q

What is the process of dispute resolution?

A

Firstly amicable negotiations… then formal mediation and conciliation, escalating to arbitration and finally litigation (legally binding, in court).

35
Q

What would happen if the client failed to pay the contractor?

A

Legally speaking, this is a breach of contract.

Typically, the contractor would issue written notice after 7 days, and suspend all works after a further 7 days.

36
Q

What are some grounds for terminating the contract?

A
  • Failure to comply with CDM Regs
  • failure to carry out works regularly or diligently
  • corruption
  • insolvency
  • works suspended for 1 month or more.
37
Q

What are patent defects?

A

Defects visible during the rectification period.

38
Q

What are latent defects?

A

Defects not detectable during rectification period - these will become visible afterwards.
Example: car park underground - roof starts leaking - collateral warranty meant the third party tried to sue - not our error (engineer I think)

39
Q

What are progress meetings?

A

Regular meetings that are held throughout the construction period to ensure that all parties are kept informed of progress of works and any issues that arise.

40
Q

If the client employs a clerk of works who works with building projects regularly but wasn’t too familiar with landscape works, what would you do?

A

Take time to go through drawings, specification, BoQ with them to ensure they understand. If appropriate show them samples of things like topsoil, plant species and perhaps some good examples of workmanship/previous projects.

41
Q

What is an instruction?

A

A written instruction to proceed with, omit or change any aspect of works. There is a standard form that will be issued by the contract administrator, within two days of them issuing a verbal instruction. Contractors then have 7 days to carry out the instruction.

42
Q

When would a variation be required?

A

When additional time, money or decision is needed by the client, or there is alterations to the design, quantities, sequence of work etc - anything that means a change from the contract drawings.
Contract administrator, quantity surveyor and contractor will agree and value the changes - they are then issued on the same form as instructions.
The variation is the change to the contract (agreed by client, contractor, QS) - the instruction is the change instructed by the contract administrator.

43
Q

What are the certificates of payment that a contract administrator may issue throughout a project?

A
  • Interim payment certificate
  • penultimate
  • Pay less notice
  • Final account and final payment certificate
44
Q

What is an interim payment certificate?

A

Contract conditions require the contract administrator to certify progress payments and intervals of specified stages of the work, often around 4 weeks (this will be specified in the contract)

45
Q

What is a penultimate certificate?

A

It is a certificate issued by the contract administrator within 14 days of issuing the certificate of practical completion.
It is generally priced at 97.5%of the contract sum, with half of the retention money released (usually 2.5%)

46
Q

What is a pay less notice?

A

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. The client needs to state the amount he intends to pay and the basis for its calculation.

47
Q

What are the typical progress certificates that a contract administrator may issue throughout a project?

A
  • Certificate of practical completion
  • Certificate of non-completion
  • Certificate of making good
  • Certificate of partial completion
  • Certificate of final completion
48
Q

How often should you visit the site?

A

As needed, and as often as stated in the fee proposal/contract.

49
Q

Why should you visit the site?

A
  • to control the works and agree variations
  • inspect workmanship and materials
  • attend valuations and progress meetings.

Example - visiting site and the wrong plants had been put in. Contractor had to re-do it.

50
Q

What would you be looking for when undertaking a site inspection?

A
  • Quality of workmanship
  • health and safety procedure being followed
  • Everything is in accordance with drawings and specifications
  • Tree and ecological protection measures
  • plant stock in good condition
51
Q

What are dayworks?

A

Dayworks are when a contractor is paid for instructed work based on the cost of labour, materials and plant (plus a markup for overheads and profit).
It is generally used when work cannot be valued in the normal way… e.g. when there are no comparative rates in a bill of quantities and a pro-rata method of pricing cannot be used - such as unforeseen works.
This method of pricing can be open to exploitation, so it is advisable to put monitoring and controlling procedures in place.

52
Q

What factors would you consider when selecting and appointing sub-contractors?

A

Before appointment, you must check they are fit for the role: examine previous experience and portfolio, check their QA procedures, insurance, finances etc. Also ensure that you have a written contract in place. This contract should mirror the one in place between you and your client in terms of its terms and conditions.

53
Q

What is the difference between a nominated and domestic sub-contractor?

A

Domestic sub-contractors are selected and appointed by the contractor, and included in tender. The contract administrator and main client has nothing to do with the domestic sub-contractor and the contractor is responsible for their work and for paying them. The contractor cannot claim an EOT (extension of time) if there is a delay caused by a domestic sub-contractor.

Nominated sub-contractors are nominated by the client or landscape architect, and appointed by the client. The client is responsible for their work, and for paying them. The contractor can claim an EOT (extension of time) if there is a delay caused by a nominated sub-contractor.

54
Q

How are progress payments calculated?

A

They are paid at intervals set out in the contract, often based on performance and completing certain stages.
Calculated using:
- value of work completed (to correct standard as set out in contract docs)
- materials on site
- deduction of the retention money

P2C 2021 (18 decks)

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