Contract Admin Flashcards
What is included in a payment certificate?
1) Date of certificate
2) Contract date
3) Key payment timelines (due date, assessment date, final date for payment etc)
4) Site address & project number
5) Contract sum
6) Certificate reference number
7) Gross value
8) Retention
9) Cumulative of previous payments
10) Amount due
11) Director / Contract Admin signature
What is the difference between a Contract Administrator and Employer’s Agent?
Employers Agent works on D&B whereas CA works on SBC.
CA is more impartial between Contractor and Client whereas EA acts on behalf of the Employer.
Who does this role on an NEC contract?
Project Manager.
What is a relevant event vs relevant matter?
Relevant Event is an extension of time. Relevant matter entitles the Contractor to EOT and loss and expense.
How would you assess a relevant event or matter?
Well, the Contractor is required to identify “if and when it is reasonably apparent that they are in delay” and give notice to the EA/CA.
I would review this notice and check the Contract and Contract Amendments to review which Relevant Events/ Matters caused the Contractor to be in delay.
I would review the programme and see if the matter affecting the Contractors progress had impacted their critical path, reviewing all relevant substantiation.
If deemed acceptable, then I would instruct the fixing of the Completion date. Otherwise, I would inform the Contractor of my rejection to their extension of time claim.
What are the different Relevant Events?
- Employers Instructions
- Deferment of possession of the site
- Exceptionally adverse weather
- Force Majeur
- Strike or local combination of workmen affecting any trade on site
What should be considered when assessing a Contractors claim for EOT?
- Contract / Contract Amendments
- That the Contractor has used their best endeavours to prevent delay
- That the Contractor has given notice when reasonable and apparent
Can you name 5 docs an EA/CA would issue?
1) Payment Certificate
2) Pay less notice
3) Practical Completion certificate
4) Notice of non completion
5) Certificate of making good
On what basis would you issue a PC cert?
On the basis the Contractor has fulfilled their obligations under the Contract.
What needs to be on a payment certificate?
- Date
- Project
- Employer
- Contractor’s Company
- Gross value
- Amount of retention
- Amount on this certificate
- Signature
What would you do in the instance a contractor disagrees with the amount on a payment cert?
I would liaise with the Contractor to understand why they had disagreed with my payment cert, if I had included the incorrect values or if they disagree with the QS.
If it was my mistake, I would look to rectify this issue by issuing a revised payment notice which supersedes the previous issue.
If the Contractor disagreed with the QS, I would look tounderstand the basis of the disagreement. If the QS has made a fair and reasonable assessment, then I would issue my payment certificate and it would be for the Contractor to dispute.
However, if the Contractor was correct, I would look to liaise with the QS to see if they would revise their assessment and I would update my payment certificate accordingly.
What should be on a change control register?
- Reference
- Description
- Action owner
- Comments
- Cost / Programme impact
- Status (open / closed)
What sections of the contract would you check to ensure you are not instructing works already included?
Drawings and specification.
