Contract Admin

Question 1

What do you understand by the technical review?

Answer 1

Reviewing as built drawings to confirm compliance with the ER’s

Question 2

How did you carry out the technical review?

Answer 2

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

Question 3

What are the obligations of a CA/EA post contract?

Answer 3

Ensure works carried out in accordance with Contract 
Issue instructions
Issue certificates
Review entitlement to RE/RM
Issue Payment Notices
Prepare Contract Documents

Question 4

Are you qualified to review the design?

Answer 4

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

Question 5

How was fire compliance dealt with in the design, with regards to the role of the EA?

Answer 5

The design team, fire consultant and myself reviewed the design but ultimately the design team and consultant would certify that the building was compliant

Question 6

Who is liable for the construction should it fail?

Answer 6

Dependent for who is responsible for design but all parties should take due diligence to ensure that the building doesn’t fail

Question 7

What is the timelines for verbal instructions?

Answer 7

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

Question 8

What are types of insolvency are there?

Answer 8

Liquidation
Administration
Non-administrative receivership
Company voluntary arrangement

Question 9

What is the process for LDs?

Answer 9

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

Question 10

What could be included in the LDs?

Answer 10

Loss of rent
Loss of income
Fees
Storage costs.
Rental costs.
Fees and fines imposed by third parties.
Finance costs

Question 11

How have you assessed entitlement to an L&E?

Answer 11

Contractor to notify ASAP

Submit initial assessment
28 days to provide Employer assessment
14 days for each update provided to initial L&E claim

Question 12

What is there are no LDs listed in the contract?

Answer 12

Unlimited LDs based on actual cost losses

Contractors unlikely to sign up to this

Question 13

What happens at PC?

Answer 13

Practical Completion Cert
Ends insurances
Release 50% retention
Start rectification period
LDs no longer applicable 
Compilation of PC Documents (H&S File eg)

Question 14

Explain the JCT procedure for extensions of time?

Answer 14

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

Question 15

What are defects, patent and latent?

Answer 15

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

Question 16

What is a certificate of non completion?

Answer 16

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

Question 17

What are the obligations of a CA/EA pre contract?

Answer 17

Produce PTE
Tender strategy
Coordinate tender
Tender interviews / assessment
Establish CC procedure

Question 18

As EA are you responsible for defining the scope of a change?

Answer 18

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

Question 19

What are the Contractors obligations under the JCT D&B?

Answer 19

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

Question 20

Where are Relevant Events in the Contract?

Answer 20

Within Section 2 in the Conditions of the Contract

Question 21

Where are Relevant Matters in the Contract?

Answer 21

Within Section 4 (4.21) in the Conditions of the Contract

Question 22

Where is Payment in the Contract?

Answer 22

Section 4 in the Conditions

Question 23

Where is Employers Instructions in the Contract?

Answer 23

Section 3 in the Conditions

Question 24

Where is Change in the Contract?

Answer 24

Section 5

Question 25

Who is responsible for preparing the H&S file?

Answer 25

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

Question 26

How did you monitor quality as the EA? What about snagging?

Answer 26

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

Question 27

What is the PCI?

Answer 27

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’.

Question 28

What is the Schedule of Derrogations?

Answer 28

CP’s differ to ER’s

Question 29

What documents do you expect at PC?

Answer 29

H&S File

As built drawings

Question 30

Can you provide an example where you have assessed an L&E claim?

Answer 30

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