Contract Admin Flashcards
What do you understand by the technical review?
Reviewing as built drawings to confirm compliance with the ER’s
How did you carry out the technical review?
On the APF, the client appointed a separate Architect to undertake the inspection and review of design to ensure that compliance with the ER’s was being met .
I will responsible to coordinating and ensuring they had all info required to carry this out
What are the obligations of a CA/EA post contract?
Ensure works carried out in accordance with Contract Issue instructions Issue certificates Review entitlement to RE/RM Issue Payment Notices Prepare Contract Documents
Are you qualified to review the design?
Whilst liaising with the design team, I ensured that we carried out a robust review of the design to ensure it was compliant with the ER’s
How was fire compliance dealt with in the design, with regards to the role of the EA?
The design team, fire consultant and myself reviewed the design but ultimately the design team and consultant would certify that the building was compliant
Who is liable for the construction should it fail?
Dependent for who is responsible for design but all parties should take due diligence to ensure that the building doesn’t fail
What is the timelines for verbal instructions?
Contractor to confirm within 7 days of instruction in writing
Employer to confirm instruction within 7 days
If he doesn’t dissent, instruction deemed accepted
What are types of insolvency are there?
Liquidation
Administration
Non-administrative receivership
Company voluntary arrangement
What is the process for LDs?
Issue certificate of non completion
Liaise with the client to understand if they want to claim LDs and calc level of LDs
Client to issue pay less notice 5 days before final payment date
What could be included in the LDs?
Loss of rent Loss of income Fees Storage costs. Rental costs. Fees and fines imposed by third parties. Finance costs
How have you assessed entitlement to an L&E?
Contractor to notify ASAP
Submit initial assessment
28 days to provide Employer assessment
14 days for each update provided to initial L&E claim
What is there are no LDs listed in the contract?
Unlimited LDs based on actual cost losses
Contractors unlikely to sign up to this
What happens at PC?
Practical Completion Cert Ends insurances Release 50% retention Start rectification period LDs no longer applicable Compilation of PC Documents (H&S File eg)
Explain the JCT procedure for extensions of time?
Contractor to notify ASAP
o Identify Relevant Event
o Assess programme implications / Critical Path / CoW Report / Progress Reports (overview of the facts)
o CA must issue the relevant notice within 12 weeks of the contractor’s notification
o Negotiate and agree with contractor
What are defects, patent and latent?
Defects are aspects of the works that are not in accordance with the contract.
Patent defects are those which can be discovered by reasonable inspection.
Latent defects are those which cannot be discovered by reasonable inspection
What is a certificate of non completion?
The certificate of non-completion gives formal written notice to the contractor that they have failed to complete the works described in the contract by the completion date that was last agreed
What are the obligations of a CA/EA pre contract?
Produce PTE Tender strategy Coordinate tender Tender interviews / assessment Establish CC procedure
As EA are you responsible for defining the scope of a change?
I would endeavor to gather as much info on what’s required:
Summarise in the instruction and pass responsibility to a competent contractor to provide time / cost implications of instruction
What are the Contractors obligations under the JCT D&B?
These are included within Section 2 of the Contract including such things such as:
Complete works in a workmanlike manner
Comply with instructions
Comply with ERs
Where are Relevant Events in the Contract?
Within Section 2 in the Conditions of the Contract
Where are Relevant Matters in the Contract?
Within Section 4 (4.21) in the Conditions of the Contract
Where is Payment in the Contract?
Section 4 in the Conditions
Where is Employers Instructions in the Contract?
Section 3 in the Conditions
Where is Change in the Contract?
Section 5
Who is responsible for preparing the H&S file?
This Principle Designer will ultimately be responsible for preparing the H&S File but it should include:
A brief description of the work carried out
Any hazards that have not been eliminated through the design and construction processes
Hazardous materials used
Health and safety information about equipment provided for cleaning or maintaining the structure;
Information and as-built drawings of the building, its plant and equipment
How did you monitor quality as the EA? What about snagging?
I would visit the site alongside the CoW and inspect the quality and workmanship
Similarly, the client employed a CoW but I would be in attendance to inspect quality with the clients sales team also
What is the PCI?
This will be prepared by the PD and should include:
The project.
Planning and management of the project.
Health and safety hazards, including design and construction hazards and how they will be addressed.
Information in any existing health and safety file’.
What is the Schedule of Derrogations?
CP’s differ to ER’s
What documents do you expect at PC?
H&S File
As built drawings
Can you provide an example where you have assessed an L&E claim?
On Tolworth EW I liaised with the CA to establish if there was an entitlement to a RM.
Due to the Ecology condition being delayed to discharge, the contractor was entitled to L&E and EOT
