8. Contract Practise Level 3

Question 1

On the CMP how did you go about uplifting rates?

Question 2

What else could you have used other than CPIH?

Question 3

Where can you get your data from for CPIH?

Question 4

What is a completion date?

Question 5

Why is programme so important under an NEC contract?

Question 6

What is a risk of missing a completion date?

Question 7

What is an extension of time?

Question 8

What is your understanding of a Force Majeure Event?

Question 9

Why did you advise liquidated damages?

Question 10

What are LDs?

Question 11

How would you calculate LDs?

Question 12

What is a non completion certificate?

Question 13

What is programme acceleration and which clause is listed under NEC?

Answer 13

Clause 36. The project manager request a quotation from the contractor to which the contractor has 3 weeks to provide a quote and then the PM has 2 weeks to respond

Question 14

How are rates uplifted under NEC?

Answer 14

This would be administeted through secondary clause X1

Question 15

What did you have to consider around programme acceleration

Question 16

What are the conditions that need to be met for a contract to be in place?

Answer 16

1. Offer
2. Acceptance
3. Consideration
4. Intention to form a contract
5. Legality of the contract
6. Capacity to make agreement
7. Consent
8. Possibility of performance

Question 17

In managing the Capital Maintenance Project Framework, how did you handle the contractor’s request for a rate uplift, and what criteria did you use to evaluate and negotiate the new rates?

Answer 17

When faced with the contractor’s request for a rate uplift, I approached the situation methodically, considering various factors to ensure a fair and informed decision.

I reviewed the contractual agreements and specifications to determine if any provisions allowed for rate adjustments under specific circumstances.

Additionally, I analyzed the potential impact of the rate uplift on the project budget and schedule, ensuring alignment with client objectives and constraints.

During negotiations, I emphasized transparency and collaboration, discussing concerns and objectives openly with the contractor to reach a mutually beneficial agreement.

Ultimately, the criteria used to evaluate and negotiate the new rates included justification, contractual obligations, project impact, and maintaining positive contractor-client relationships.

Question 18

On the P Programme scheme, you compiled detailed contractual documents. How did you ensure that all necessary contractual mechanisms were accurately represented and compliant with regulatory standards?

Answer 18

I ensured accuracy and compliance by meticulously reviewing regulatory standards and project requirements to identify all necessary contractual mechanisms.
Collaborating closely with the procurement department, I leveraged their expertise to validate and cross-reference each contractual term against regulatory standards and best practices.
I conducted thorough reviews of activity schedules, project specifications, and programmes, ensuring alignment with project objectives and regulatory requirements.
Any discrepancies or areas requiring clarification were addressed promptly through consultation with relevant stakeholders and subject matter experts.
By prioritizing attention to detail and maintaining open communication channels with all involved parties, I ensured that the compiled contractual documents were comprehensive, accurate, and compliant with regulatory standards.