Contract administration

Question 1

What is nomination?

Answer 1

Selection of a particular contractor to carry out the works, manufacturer, or supply materials and provides comfort of quality or performance

Question 2

Do nominated subcontractors get paid separately?

Answer 2

They are paid by the main contractor with sums identified separately

Question 3

Can a contract object to a nominated subcontractor?

Answer 3

Yes that must be made during the tender process or if there are specific reasons such as insolvency

Question 4

Who is responsible for the design after novation?

Answer 4

The client must sign off the design at the point of novation and the contract are liable thereafter

Question 5

What is a principal contractor?

Answer 5

A principal contractor is the contractor with control over the construction phase of a project involving more than one contractor.

Question 6

What are domestic subcontractors?

Answer 6

Subcontractors appointed by the main contractor

Question 7

What are named subcontractors?

Answer 7

Subcontractors names by the client but under contract to the main contractor

Question 8

What would you do if the client advised that they didn’t have enough money to make a payment?

Answer 8

I would advise the client that they are contractually obliged to make payment once a certificate has been raised. It may be possible to defer payment for a couple of days in agreement with the contractor.

Question 9

Is included within a valuation?

Answer 9

1. prelims
2. measured works
3. materials on/off site
4. Variations
5. retention
6. previous payments

Question 10

Do you have to pay for materials offsite for variations?

Answer 10

q there is no requirement to pay for materials offsite unless identified within the contract, but I would discuss it with the client before advising the contractor

Question 11

What is a verbal instruction?

Answer 11

Commonly used if something is urgent or affects the critical part of a project, must be confirmed formally thereafter

Question 12

What documents would be required in incorporating a CDP supplement into a project?

Answer 12

In a design and build project the documentation to be included with the employers requirements covering scope, specification, drawings, contractors proposals along with any insurances

Question 13

What is a collateral warranty?

Answer 13

Agreement between a third-party outside of the contract. The collateral warranty is a promise by the contractor to someone else, say a prospective tenant, that they have performed and will perform their obligations under the building contract.

Question 14

Is an email a contract document?

Answer 14

Yes providing there’s other, acceptance, intention to create a good relations and the respondent email does not vary the conditions

Question 15

What are all contracts?

Answer 15

A contract made orally which is difficult to enforce as you’re unable to prove the specific terms and conditions of the agreement

Question 16

JCT vs NEC?

Answer 16

JCT specific to building projects, NEC can cover civils as well

Question 17

Is the difference between an information requirement schedule and an information release schedule?

Answer 17

The information requirement schedule as the contractor to provide dates when design information is required. The information reschedule informs the contractor when the design information will be available.

Question 18

What is a defect liability period?

Answer 18

A period at the end of the contract, commonly 12 months, where the contract rectifies any defects advise within the structure at the contract is expense providing they are due to materials or workmanship. On completion, retention is released.

Question 19

What is the contractual requirements with a latent defect?

Answer 19

A claim can only be brought when the limitation period of the contract of six or 12 years depending on whether it was signed as a deed or underhand. The architect should issue an instruction to the contractor on what to do if identified, possibly telling them to comply with a third-party

Question 20

If the works all materials are not in accordance with the contract what options does an architect have?

Answer 20

Instruct the contractor to remove defective work or materials at their own expense. Instruct the contractor to open up and test.

Question 21

What is to be considered when requesting opening up?

Answer 21

The significance of any non-compliance, consequences on public or adjoining properties, time and costs, level of supervision required.

Question 22

What is a provisional sum?

Answer 22

A sum of money in the contract that has not been accurately costed due to lack of design or detail and must be instructed.

Question 23

What is a defined versus undefined provisional sum?

Answer 23

A defined provisional sum is where an item has not been completely designed but certain information is available about the works or quantity. An undefined provisional sum is where there is minimal or no information at the time contract.

Question 24

Can additional time or premiums be added for a provisional sum?

Answer 24

No this must be included when costing. Any significant changes will be considered as a variation

Question 25

How is a provisional sum dealt with in a final account and what are the risks?

Answer 25

The provisional sum is deducted and the actual amount substituted, the risk is that the actual cost and time exceeds that allowed for in the provisional sum.

Question 26

What are the main types of JCT contract?

Answer 26

1. minor works
2. intermediate
3. standard building contract
4. design and build

Question 27

When would you use a minor works contracts?

Answer 27

Projects of short duration with a small scope and straightforward, generally value up to £200,000. It is lump-sum where the design should be completed prior to execution.

Question 28

When would you use an intermediate contract?

Answer 28

The intermediate form is recommended for projects that do not exceed 12 months. The project should be simple in content and require basic skills and trades where works are already designed

Question 29

When would you use a standard building contract?

Answer 29

When the work has already been designed. Can be used with or without quantities i.e. priced on a bit of quantities or is a lump sum based on drawings and specification.

Question 30

What are the key differences between minor works, intermediate, and design and build?

Answer 30

• minor works has fewer sections of conditions and variations are included within the control of work section
• in minor works there is no provision for named subcontractors or collateral warranties or bonds
• in minor works there is no relevant events listed for extension of time and is referred to as anything outside the contractors control
• minor works has no provision for section or completion or partial position
• Standard retention for minor works and intermediate is 5% whereas 3% for D&B
• payments for minor works and intermediate are at regular intervals whereas design and build has option for staged payments

Question 31

What are the benefits of standard forms over bespoke contracts?

Answer 31

They are written by legal experts and the rights and obligations are clearly set out. They are tried and tested.

Question 32

And pricing and EOT what would you include for?

Answer 32

I will include forecasts for prolongation of site welfare facilities, management, staff, subcontractor mobilisation cost

Question 33

How would you undertake an inspection of a property?

Answer 33

On a home survey I would do an external inspection, followed by an internal inspection working from the ground up into the roof space, I would note the properties age, type of construction of any defects or unusual issues. I would follow a trail of suspicion to determine the cause of any defects.

Question 34

What are the risks for an inspection?

Answer 34

Lone working, asbestos, fragile roofs, hazards associated with derelict and empty properties, confined spaces

Question 35

What are the issues of measuring with a laser?

Answer 35

Should be checked regularly with a normal tape measure, become less accurate as the distance increases, cannot be seen outside

Question 36

Fuck sake