Case study Flashcards
Level 1 - Case Study
What are the maximum NEC3 time-scales for Compensation events if the Contractor notifies the PM?
- Contractor has to notify the PM within 8-weeks becoming aware
- Contractor loses entitlement to make a claim if they fail to give notice
- PM has to instruct Contractor of decision within 1-week of being notified
- Contractor has 3-weeks to submit quotation or revised quote dependant on PM response
- PM has to provide response within 2-weeks
- PM can make their own assessment and inform Contractor within 3-weeks of initial response
Level 1 - Case study
How does this sequence differ if the PM was to notify the Contractor?
- There are no initial time-bars apply
- The PM should notify and instruct the contractor to submit their quotation when they become aware
Level 1 - Case Study
How long did the PM on your project have to respond to the contractor’s quotations and is this always the case?
- Two-weeks
- It depends on the conditions of the contract
Level 1 - Case Study
What would happen if the PM failed to respond to the Contractors Quotation worth £176K on your project?
- The quotation & programme would have been deemed accepted
Level 1 - Case Study
What are the advantages of NEC over JCT?
- Encourages Partnering
- Simple language
- Forces rolling final account, avoids negotiating large amount of CE’s at the end
Level 1 - Case study
What are the key differences between NEC3 & 4?
NEC4 includes changes such as;
1. Terminology
- Employer > Client
- Works Information > Scope
- Gender neutral
- Risk register > Early warning register
- Employers risk > Clients liabilities
- Value engineering provisions to Options A&B
- Programmes accepted a week after prompt notice if no response is given
- Changes to fee percentage
- Changes to valuations provision
- Time based process to settling final accounts
- New contracts
- New secondary options
- Changes to X-clauses
Level 1 - Case Study
Why was Option A used on your project?
- I wasn’t involved in the selection of appropriate standard form, however,
- in my experience as the project was refurbishment works, it was beneficial to group activities and it offered simplified payment process.
Level 1 - Case study
What are the pitfalls of using Option A?
- No provision for part payment
- Can impact cashflow
Level 1 - Case study
How is the risk of no part payment overcome?
- Divide the activities into bitesize portions
Level 1 - Case study
Why did you not utilise Option C?
- No cost certainty is offered
- Target cost can be exceeded
Level 2 - Case study
Why was the shorter schedule of cost components not used in agreeing the CE?
It was pre-agreed to use tender rates or pro-rata rates where applicable.
Level 1 - Case study
You say you would instruct the contractor to provide several sub-contract prices next time one element accounts for such a large portion of the project, why was this not done initially?
- Turn around time between 2nd stage appointment and submission happened really quickly and there wasn’t much time.
- There was a lack of communication
- It is something I will take forward and consider next time
What clauses relate to damages and sectional completion?
- Sectional Completion - X5
- Damages - X7
Case Study
Why was a 2-stage tendering process chosen?
- It was thought that programme could be secured by getting on-site early whilst the design was being finalised
- Design would benefit from contractors input
Case Study
Did you advise on other potential tender options?
- I advised the client to consider a competitive single-stage
- To achieve value, cost and programme certainty from the outset