Chp6: Matters of Time

Question 1

What are the 3 different Construction Duration?

Answer 1

▪ Working days: any day except Saturdays, Sundays, and holidays on which the contractor performs work or could have performed work.

▪ Calendar days: every day that takes place, including weekends and holidays.

▪ Completion date: the date the owner will occupy and utilize a completed facility at a certain point in time.

Question 2

Choices for Contract Duration?

Answer 2

o General preference of the owner
o Weather consideration
o Time of year a construction project is to begin
o Geographic location of a project
o Complexity of the work

Question 3

***Any preferences for the owner?

Answer 3

Completion Date: When the owner needs a completed project by a specific date.

Working Day: When the site conditions are subject
to delays caused by weather.

o Private owners prefer either calendar day or fixed completion date contracts.

Question 4

What topics are discussed in Preconstruction Conference?

Answer 4

o plans and specifications,
o payment procedures,
o matters related to right-of-way
o pollution controls
o traffic control

Question 5

Liquidated damages vs Penalties

Answer 5

▪ Liquidated damages: the anticipated costs for late project completion

▪ Penalties: an amount above the anticipated costs of late completion to constitute a punitive measure.

Penalties> LD
If there is a Penalty system, there must be a bonus clause system.

Question 6

What is Force Majeure?

Answer 6

Unforeseeable causes beyond the control and without the fault or negligence of the contractor and which the
the contractor cannot prevent

Eg: 
o Unusually severe weather (not normal rain) 
o Fires
o Explosions
o Earthquake
o Change of government
o Floods

Question 7

What are the 2 terms used in defining completion?

Answer 7

▪ Substantial completion: The owner can occupy it despite the need for contractor corrections of minor deficiencies.

▪ Final completion: The retainage is released upon final completion. A few minor noted items must be corrected before the release of any of the retainage.