Contract Admin Flashcards
Tell me about the differences between JCT and NEC contracts?
Time & Cost dealt with seperately under JCT - Relevant Matters & Events
Time barring under NEC with EWNs & Ces
NEC more collaborative but more admin
JCT - CA Trad or EA D&B / NEC - PM
What are the duties of a contract administrator?
Role under JCT - traditional contracts - responsible for administering the contract & offering advice to client on instructions, claims, design, progress etc.
How are they different from those of an Employer’s Agent?
Role under JCT - D&B - offers an impartial advice to client on contract design
Who undertakes a Contract administration role under NEC forms?
Project Manager
What current challenges is Covid and/or Brexit bringing to Contract Administration?
Forecasting risks & progress during Covid & Brexit material impacts
How covid is dealt with in contract - for delay and monetary claims
How financial and time risks are dealt with by client & contrator teams
Force majour & fluctuations consideration
labour resources
JCT 2011 v JCT 2016 changes
Interim vals through constructin & rectification period
28days to assess L&E claim
Performance bond & PCG clause
Insurance option for existing structures added
CDM 2015 requirements added
NEC 3 (2005) vs NEC4 (2017) changes
Works information - now scope
‘Treated acceptance’ in clause 31 re programmes that are not formally accepted by PM
Default meeting periods for EWN meetings
Contractor must issue applications (avoid PM being obliged to assess if they don’t)
Schedules of JCT
1 - Design package 2 - Variation & Acceleration Quotation procedure 3 - Insurance option (A- contractor / B- client / C - joint existing) 4 - Code of practice 5 - third party rights 6 - Bonds 7 - Fluctuations 8 - Supplemental provisions
Sections of JCT
RAC ACS
Recitals Articles Contract Particulars Attestation Conditions Schedules
On the Barton Court project, were you acting as a Contract Administrator for the subcontracts referred to?
Acting as CA on behalf of Main Contractor - i.e. I was named as the CA in the subcontracts
Take me through the procedure for issuing a certificate for progress payment?
Subcontractor issues application 7 days before valuation date
I assess & issue application within 5 days of due date
If I’ve made an error or payless notices needed to be issued should be 5 days before Final date for payment
Final date for payment 14 days after due date
Most of the subcontracts were amended from 14 to 21 days.
Using a typical subcontract, take me through the process of issuing a final certificate. Explain the significance of this.
Final Certificate - confirmation tht contract has been fully completed.
Issued at end of Defects Liability period and usually triggers release of final retention held.
Issue of certicate also allows final account to be settled inclusive of any retention release and all patent defects have been remidied.
As Contract Administrator, how did you control quality on the projects?
I was responsbile for collating subcontracts to ensure they met quality requirements set by client and desing team. Ensuring s/c fully understood their obligations during pre-order meetings and ensuring regualr check points included in subcontracts - issue of ITPs with monthly applications.
Tell me some procedures you put in place to control time.
Risk Register
Accurate programme- reviewed with subcontractors prior to order to ensure buy in
Inclusion of durations for tasks within subcotnract from issue of NTC
Prompt issue of NTC
Encourage early identification of risks and delay - regular progress meetings with design team & subcontractors
Tell me some procedures you put in place to control project costs.
Risk Register
Thorough scopes & inclusion of lessons learnt on previous projects
Pre-order meetings to run through scope, programme, quality prior to order placement to gain commitment from s/c
Regular reporting
Forecasting turnover & spend and monitoring against actual
Give me an example where you have dealt with extension of time claims.
Elmgrove - pre-contract
Barton - Discovery of unforseen contamination (asbestos) in dark ground below slabs - identified as a specfic relevant event & relevant matter in contract - notified client as soon as became aware in writing of discovery.
Provided expected costs of testing to promptly identify & arranaged review meeting.
Sought programme timeline from s/c and assessed prior to issue to client with formal requested for EOT to remove asbestos.
Give me an example where you have dealt with loss and expense claim
As above at Barton - Asbestos removal
HV project - stand down during possession work where change in possession approval, request to undertake additional works by NR.
How did you issue a Site Instruction on Barton?
- Understand issue & if entitlement for recovery of costs / EOT under subcontract
- Request costs & any EOT if applicable.
- Assess if recoverable upline
- If not, how will change be funded - design developemnt / contingency / contra charge
- Assess value against contract rates / benchmark / market testing / check measure
- Issue written instruction confirming instruction to proceed with agreed costs & time (if applicable) with breakdown of costs, programme, marked up drawings & state entitlement to change.
What was involved with HV project where you discovered change / risk?
NEC3 Option A - 2005 Issue of EWN as soon as aware of an event - within 8 weeks
PM - 1 week to respond if CE
Issue CE notification & state with 60.1 - 3 weeks
Risk reduction meeting
CE Quotation
- When would you use a Sch 2 quotation within the JCT SBC?
6. Why use a Sch 2 quotation?
a. For a significant change
a. To agree time and money in advance of works
- When are NEC Compensation Events not time barred?
a. If it is a client / PM instructed item
- What is the benefit of negotiation over single stage / two stage?
a. Working with preferred contractor
- What is required to make something a defined provisional sum?
a. Program, prelims, quantity, location, extent of works.
- What does Quantum Merit mean?
a. To act fair and reasonably in the absence of a written legal contract
