Case study Flashcards
Comment on D&B Quality
Whilst there is no Clerk of Works role in Design and Build, we still had site visits as I feel that D&B relies on the Contractor providing best quality and and there is no role for someone to ensure the final product meets requirements.
Plus I needed someone passing site to report back on how many construction workers were on site.
What measurement did you use for the Schedule of works ?
New Rules of measurement 2
How do you produce a schedule with the NRM2?
- Understand the Project Scope
Before you start, ensure you have:
• Full drawings and specifications
• Preliminaries information
• Employer’s requirements or design intent
- Breakdown the works into elements
What change control procedures did you implement in the work, talk me through this…
An example was that the Client wanted to Reclad the whole centre and carry out repairs and painting to the existing building to marry in with the new extension.
I discussed the client’s objections
Put a scope of works together and considered any items which would be impacted by this, e.g external lights
CCTV camera.
Considerations.
Discussed solutions with the client for the lighting with the energy team as they did not meet the energy efficiency requirements of the council.
Also discussed that we would have to temporarily move the CCTV on to the scaffolding whilst the works took place.
Also netting and protection to be provided.
Defined scope of works.
Discussed, had a site walk round, then sent to the scope of works together the Contractor as a request for pricing.
In the meantime I produced an estimate for the anticipated works.
Once the Price was received back from the Contractor I checked it against my estimate.
Also requested a programme with the delays it would cause to the Works.
Also loss and expense claim requested.
Loss and expense forecasted.
Then I put this into the financial statement and discussed the costs and implications of the works to the client.
Also the f10 form would need extending.
The Client was happy to go ahead with the variation cost along with the delayed completion date and loss and expense costs.
I issued a contract administrators instruction for the works, and upon receiving the EOT request issued an extension of time.
Inform the insurers of the EOT
How did you manage the provisional sums?
Why did overall Contract spend exceed the first Contract amount?
TPI increase from 2020> 2023 = 30%
Brexit, Ukraine war
Rubbish and site clearance to clean up for the new contractors
Investigation work and provisional sums to cover defective works
What was the Relevant Event or matter with you issued EOT on?
Relevant event
Variation to the contract
Why did you not Terminate the Contract prior to The Contractor going into administration?
My priority was conflict avoidance, I felt that keeping good communication and regular meetings with the Contractor achieved this, whilst increasing progress on site.
Dispute Risk Increases
• Termination often leads to disputes, adjudications, or court actions.
• If termination was wrongful, it can be viewed as repudiatory breach, exposing the terminating party to substantial liability.
— terminating a contract without proper grounds can itself be a repudiatory breach.
Terminating a contract without proper grounds can itself be a repudiatory breach.
If one party wrongfully believes the other has committed a repudiatory breach, and they terminate the contract without legal justification, that act of termination can be treated as a repudiatory breach by the terminating party.
Let’s say an employer terminates a contractor for delay, but:
• The contractor actually had valid extensions of time.
- there were variations to the Contract which EAIs were instructed.
Consequences of Wrongful Termination:
• The party wrongfully terminated (e.g., the contractor) could accept the repudiation, terminate in response, and claim damages, including:
• Loss of profit on the remaining works
• Demobilisation costs
• Legal costs
• The terminating party (e.g., the employer) may also lose the right to claim liquidated damages or to call on bonds/guarantees, depending on the circumstances.
Framework KPIs
Payments to subcontractors in supply chain
Suppliers to be paid in 23days
Cost per m2 - as per cost and size standard
Health and safety -
Accident frequency ratio AER
Accident Incidence Ratio AIR
Defects -capture unresolved issues and outstanding defects at the end of the defects period
Time predictability- end of project FACC
Cost predictability- end of project FACC
