Contract admin Flashcards
What’s the difference between Minor Works and Intermediate contracts?
- MW up to £250k and simple buildings.
- IC up to £1m and moderate complexity, Clerk of Works, Sectional Completion.
How do you select which contract to use?
Contract value, complexity, JCT guide.
What documents are included within contract documents?
- Spec.
- Drawings.
- Prelims.
- Preambles, [payment terms].
What is the purpose of prelims and preambles?
- Prelims: describe the nature of the work and how it’s achieved.
[IVD, LD rate, completion date]. - Preambles: explanation of the contract e.g. project objectives, project information (address etc).
Who are the parties on the contract?
Employer, contractor, consultants.
What are some key contract events?
- IVD.
- PC.
- Final Certificate [ends contractor’s obligations (except for latent defects)].
What are collateral warranties?
An agreement where a third party is covered despite not being part of the original contract.
What’s the difference between Sectional Completion and Partial Possession?
Sectional Completion is pre-planned.
Partial Possesion is not pre-planned.
What information is provided within a CPP and what legislation states a CPP is required?
Project overview, emergency procedures, site rules.
CDM Regulations 2015.
Can you tell me some different types of procurement?
- Traditional (client team).
- Design and Build.
- Management contracting: manages design and works but doesn’t complete works directly (Quinn on Windsor Walk).
What information goes into a PCIP?
Site conditions, project overview, fire procedures, emergency procedures.
Is the Contractor’s Design Portion optional?
Yes.
What’s the alternative to including contractor’s design in a contract?
It could be designed entirely by the client’s side.
What specification would be used for a project designed entirely by the client’s side?
Prescriptive specification.
What informaiton is included when appointing a consultant?
Works, costs, timeline.
What is a novation agreement?
When one party replaces another and takes on the rights and obligations.
[Substituted contract].
What are the timelines for Interim Valuations?
Application for payment (valuation) by IVD > Interim Valuation Date > Due date (7 days after IVD) > Payment certificate (CA - within 5 days of due date)/Pay less notice (up to 5 days before final payment date) > Final payment date (14 days after due date).
What is the base date?
Date from which fluctuations will apply i.e. inflation rises will be borne by contractor from this point. Typically date of tender returns.
What is the process when a contractor submits an EOT claim?
1) Notice received from contractor for delay stating Relevant Event.
2) Assessment by CA ‘as soon as reasonably practical’ is best practice (within 12 weeks of notice otherwise).
3) Accept/reject claim, Loss and expense claim based on prelims.
What is the difference between a Relevant Event and Relevant Matter?
Relevant Event: EOT – caused by client or neutral event.
Relevant Matter: money (no time extension) – caused by client.
What is the purpose of Loss and Expense?
To reimburse the contractor for loss suffered in continuing to work.
Client only required to pay for actual loss.
When can an employer claim for Liquidated Damages?
Does the client need to suffer actual loss to be abe to claim them?
When the contractor fails to meet the completion date.
- No, if contractor misses completion date they can claim LDs.
How are Liquidated Damages paid?
Request payment or from monies due [to the contractor].
[Contractor required to pay rate pre-determined in the contract. Calculated as loss e.g. loss of rent.]
What is time at large?
No PC date. Contractor no longer bound to complete works by a specific date.
What is Practical Completion?
Works in the contract are substantially complete.
What is the process for Practical Completion?
- Inspection.
- Works complete/snagging list.
- Test certificates.
- O&M manuals.
- BCA sign off.
- Issue PC certificate.
What five things are triggered at Practical Completion?
- Rectification period (3 months MW, 6-12 months Intermediate).
- Retention [half released].
- LDs can’t be claimed by client.
- Insurance passes to client.
- Client takes possession of site.
What must be issued for Liquidated Damages to apply?
Non-Completion Certificate (not required for Minor Works contracts but good practice).
What action must you take for a contractor who must pay Liquidated Damages?
Give the contractor notice that for the period of delay they will have to pay damages at the rate stated in the contract.
Who has responsibility for a property in early use/possession?
Liability remains with the contractor (unlike partial possession where risk moves onto the client).
What is retention?
Money held back from the contractor as insurance.
Explain the process of retention getting released?
Half released at PC, half released after Making Good Certificate issued.
When do you require snagging to be complete by?
Most items by PC, all by the Making Good Certificate date.
What is a final account?
Document stating the final cost of the contract (states how much the employer pays the contractor).
[Includes variations, loss and expense, provisional sums etc.]
When must a contractor provide all necessary information to the CA once works are complete?
Within 6 months of PC date.
When must a CA issue the final account?
- JCT: no deadline.
- Best practice: within 3 months of receiving all information.
When must a CA issue the final certificate?
Within 28 days of issuing:
- Making Good Defects Certificate to contractor.
[Final account must be agreed as well]
What is the preferred dispute resolution under a JCT contract?
Mediation > adjudication > arbitration/litigation.
What legislation is there for construction contracts?
Construction Contracts Act 2002.
What are some provisions within the Housing, Grants Construction and Regeneration Act 1996?
- Interim Payments [contractors have right to be paid in stages].
- Payment Notices [must be issued].
- Adjudication [any party has right to this].
[- Suspend work for non-payment.]
What forms of construction warranty are there?
Structural (latent defects).
Self-build (structural defects in new builds).
Collateral (extend duty of care to third-party).
What forms of sub-contract are there?
Lump sum.
D&B.
Time and materials.
How can you deal with issues with works if conversations didn’t work?
ADR: Mediation, arbitration, adjudication.
When is a Letter of Intent requested?
Tight timelines, begin designs while contract negotiated.
What are the risks with a Letter of Intent?
Can lead to disputes as no contract clearly setting out works.
What is a performance bond?
- Financial compensation if the contractor fails to meet contractual obligations.
- Guarantee by third-party surety i.e. insurance company.
- Typically 10% of contract value.
What is an advanced payment bond?
Advanced payment for goods or services.
What are the grounds for termination of a contract from the client?
CDM breach, contractor corruption.
What are the grounds for termination of a contract from the client?
CDM breach, client corruption.
What would you do if you deemed the contractor’s programme to be unacceptable?
Tell them why it’s unacceptable and request a revised programme (there may be contract provisions they need to meet).
What is a vesting certificate?
Shows that ownership of certain materials has vested (been transferred) to the client [even if materials have not yet been physically delivered to site].
Where would you find provisions in respect of the LDs rate, insurance matters, payment terms, defects liability period, whether the cost is a fixed lump sum tender etc?
- Contract.
- Prelims.
How were you appointed at Windsor Walk?
- Sent fee quote.
- Competitive single stage tender.
- Appointed - sent terms of engagement to client.
What’s the difference between Minor Works and Intermediate contracts?
MW up to £250k and simple buildings, IC up to £1m and moderate complexity.
How do you select which contract to use?
Contract value, complexity, JCT guide, [procurement route].
What collateral warranties were in place at Windsor Walk?
Heli bars.
[Floor and windows undertaken as part of the works contracted to the client not as a separate contract with a third party as it is with collateral warranties].
How did you deal with payments and variations?
Payments: Application for payment from contractor, valuation, interim payment.
Variations: Details of variation works, variation number, issued to contractor.
Does the contractor have to accept the variation?
No.
What if a contractor refuses to undertake the variation works?
- Check the contract to assess contractor obligations.
- Could hire third party to complete variation and deduct the cost from the contractor’s payments (if contract allows this).
How did you value the variations?
- Tendered the works (to one other contractor).
- Previous jobs.
- BCIS.
How did you ensure competitive/good value costs?
Previous jobs, BCIS.
What tighter controls does an Intermediate contract allow for that a MW contract doesn’t?
Variations need formal documents, stricter requirements for reports and progress updates.
Prior to granting Practical Completion what items should be received?
- O&Ms.
- H&S file.
- Building regs sign off.
- Test certificates.
- Drawings.
[- Warranties and guarantees.]
What are liquidated damages?
Compensation for the client when a contractor doesn’t achieve the completion date.
What updates have been included in the MW and IC 2024 contract updates?
BSA, digital communication, gender neutral language.
How would you usually undertake a monthly valuation?
Inspect site to view the works progress and allocate a percentage to each element.
Issue payment certificate.
Windsor Walk: what are the additional requirements to meet AD M?
Approaches should be sloped, shower should be positioned in the corner of the bathroom.
What are the limitation periods for contracts executed under hand and under seal?
Under hand: 6 years.
Under seal (deed): 12 years.
What projects are F10 notifications required on?
- When a project lasts longer than 30 working days and has 20+ workers on site at the same time.
- Exceeds 500 person-days of construction work in total.
When must an F10 be submitted and who by?
- Prior to works commencing.
- The client, but they may delegate this to the Principal Designer (CDM).
What is the difference between the final account and a final certificate?
- Final account: final cost of the contract - amount employer owes the contractor.
[variations, provisional sums, Loss and Expense]. - Final certificate: confirmation that the contract is complete.
[ends contractor’s obligations (except for latent defects)].
How did the contractor claim EOT and Loss and Expenses when you used a Minor Works contract?
- There is an EOT provision in the contract.
- I included a Loss and Expense provision as a contract amendment [contractor’s prelims rate].
What is the significance of an interim valuation date in a construction contract?
- It’s the date when work is valued and payment is made to the contractor around that date.
- Determines when the contractor submits application for payment (must be submitted by the IVD - CA would issue payment cert based on their valuation if no application for payment was made).
[Regular payments ensures good cash flow]
Under a JCT Minor Works or Intermediate Contract, when must the contract administrator carry out an interim valuation?
- In MW and IC valuations must be undertaken after IVD.
- MW: Within 5 days after IVD; IC: Within 7 days after IVD.
- Due date: 7 days after IVD.
- These timeframes ensure compliance with Housing Grants, Construction and Regeneration Act 1996.
What is the purpose of an EOT?
Protects the contractor from liquidated damages for late completion.
What is an NEC contract?
When is this most used?
- New Engineering Contract.
- Used mainly for engineering projects.
On Campden Hill Towers, how did you determine what the additional fees should be?
- Calculated based on 1 surveyor’s daily rate x number of extra days worked on the instruction.
At Windsor Walk, what did you advise the client regarding their obligations under Control of Asbestos Regulations (CAR) 2012?
- Identify if asbestos is present (R&D survey).
- Assess the risk.
- Manage asbestos (remove if found).
On Windsor Walk you say you advised the client of the significance of Practical Completion and its impact on them. What was the impact on the client?
- Half retention release to contractor.
- Review costs before agreeing final account [final account agreed after rectification period to include all costs].
- Start of rectification period.
10 Old Bond Street: How was sectional completion dealt with on the project?
- Sections set up.
- Set up key events for each section: completion dates, LDs, retention, rectification period etc.
- Each phase of works is treated separetly (sectional completion certificate, retention, rectification period).
- Separate certificates and timelines as if they were separate projects.
What different types of tenders are there?
- Selective (contractors selected to provide tender).
- Open (anyone can tender).
- Negotiated (one contractor - price negotiated with client).
Contract admin - Windsor Walk:
- Details of instruction (service, spec, contract value/claim amount etc)?
- Issues encountered?
- Project.
- £243k.
- Requested LDs amount from contractor to include in prelims.
- Contractor claimed for liquid roof repairs but was in the spec.
- Advised how project completion affected client - retention release, prepare final account.
Contract admin - 10 Old Bond Street:
- Details of instruction (service, spec, contract value/claim amount etc)?
- Issues encountered?
- Project.
- £186k.
- Sectional Completion to roof. Elevations next part of the works.
10 Old Bond Steet: Why was it more beneficial to have the contractor to produce the designs for the scaffolding?
- Not competent to design scaffold.
- Would have to go to another party to get this which is less efficient.
10 Old Bond Street: Talk me through how you went about implementing the Sectional Completion provision within the contract.
- Treat each section as a separate project.
- Separate PC, retention release, rectification period.
What’s in the recitals of a JCT contract?
- Parties on the contract.
- Payment terms (e.g. lump sum price).
- Description of works.
What’s in the contract particulars of a JCT contract?
- Parties on the contract.
- Payment terms.
- ADR.
What is included in the Form of Tender?
- Tender sum.
- Expiry of tender sum.
- Signatures.
- Acknowledgement of tender docs.
What is included in the Invitation to Tender?
- Scope of Works.
- Tender return date.
- Building details (size, location, type).
10 Old Bond Street: Why did you include the scaffolding design in the contractor’s design portion - isn’t this assumed to be the contractor’s responsibility already in the contract?
How did you ensure their designs were correct?
- Designs were complex [different levels, requires designs].
- Over public highway.
- Included in spec that contractor had to get these signed off by competent third party.
- Checked spec (tall enough, right location etc).
What are the changes in JCT contract from the 2016 suite to the new 2024?
- PD (BSA) and PC (principal contractor) [sets out who they are].
- Gender neutral language.
- Electronic issue of notices.
Is there a Contract Administration RICS Professional Standard?
Administering Building Contracts (2021).
What’s the difference between a sub-consultant and co-consultant?
- Sub-consultant: appointed by lead consultant (CA).
- Co-consultant: appointed direct by the client (SE on Windsor Walk).
What if a contractor providing a collateral warranty goes bust? What is the recourse?
- No recourse.
- Need run-off cover or performance bond.
[- Can sue another party if there was joint liability.]
[- Latent defects insurance (structural warranty).]
What’s on a Practical Completion form?
- Issue date.
- PC date.
- Rectification period expiry.
- CA details.
- Contractor details.
What’s the benefits of traditional procurement vs D&B?
Traditional
- More control over design.
- Costs more accurate [tenders based on full design].
D&B
- Time [design and construction overlap].
- One party responsible [design and construction].
What are prolongation costs?
- Additional costs for time on-site being extended [but not contractor’s fault].
- E.g. design changes, late instructions.
