Contract Administration Flashcards
What is the key difference between Contract Administrator and Employers Agent?
Contract Administrator - is for traditional forms of contract and is impartial enforcing the obligations under the Contract.
Employers Agent - is for D&B contracts and is acting on behalf of the employer under the contract.
What is NBS Contract Administrator?
NBS CA provides a platform to assist in administoring JCT Contracts. It provides templates and guidance on forms for JCT Contracts.
What are the JCT Contract Timeframes for payment notices?
- Contractor required to make a payment application before valuation date.
- Due Date 7 days after the Interim Valuation date.
- Payment notice must be issued by EA no less than 5 days post Due Date.
- Payless notice must be issued no later than 5 days before Final Date for Payment.
- Final date for payment is 14 days post due date.
What is the EA payment notice called under JCT MW and IN?
Interim Certificate.
What does the Notice of Making Good do?
It confirms that the contractor has made good any latent defects during the rectification period.
What is included in the Notice of Completion of Making Good?
- Project Stakeholder details (employer, Contractor, issuer (EA))
- Issue Date
- Contract Date
- Site location
-Works reference - Statement of confirming that the works required have been discharged and on the date that this occured.
- Signatures of issuer
How long does the contrator have to rectify defects raised after the rectification period?
The Contractor has reasonable time, otherwise the employer can employ someone else to rectify and deduct this from the retention.
How long is the latent defects period under the Limitation Act 1980?
6 or 12 years
Should PC be issued if defects are present?
This depends on the defects. De mimimis defects can be undertaken post PC.
What should you do if the employer is pressuring you to issue PC ahead of when you deem the works to be completed?
Warn client of the risks and then obtain written consent from the client. Written consent should also be sought from the contractor that they will finish any of the outstanding works/snags.
What is a latent defect?
A defect that could not have been reasonably discovered through inspection before the completion of the works.
For your Residential contract admin job in hornchurch, what other options could you have considered to solve the tenants furniture being left on site?
I considered whether deferring possession o site was an option. You can defer upto six weeks. However due to the tenant staying in an airbnb it was decided it was best to proceed and have the contractor protect adn remove furniture.
What were the cost and programme implications for the residential hornchurch project?
No programme impact, however cost of £400 to protect and or remove and store items and return them at completion.
What does the CAI include?
Drafted on NBS it includes?
- Contract Details (employer, contractor)
- CAI Date
- Contract date
- CAI number
- Instruction description w/ reference to any design
- Instruction cost
What section of the contract does it mention off-site materials?
Section 2.22 Unfixed Materials and Goods
What is a Listed Item under the Contract?
a listed item is a material, good or prefab item for inclusion in the works which are listed in the ERs. If a listed item is paid for it becomes the employers property.
Why couldn’t you have paid for the material in the York Way lab fit out and taken ownership of it under S.2.22?
Well this particular piece of kit was not a listed items and only listed items apply to this clause.
What is a vesting certificate?
It is a document that proves that a material or item will transfer from one party to the other on payment.
What are the risks of accepting goods that arent on site?
You can never be sure on the retention of title clause for further up in the supply chain. therefore if the contractor goes pop, although he vested with the employer. the supplier may have no vesting with the contractor.
What is a non-completion notice?
The notice of non completion gives formal written notice that the contractor has failed to complete the contract works by the completion date.
If the employer wants to leverage liquidated damages what do they have to do?
- Issue non completion notice.
- Issue notice of intention to leverage LDs
- Issue payless notice.
What is a letter of comfort, as mentioned in the Camley Street Office project?
In this instance a letter of comfort was a document that said the works would be granted building control approved subject to the approval of a fire damper arrangement, the change of location of a maglock to prevent head collision, supporting calcs to support SBEM and EPC output docs.
Under the Letter of Comfort what would have happened should the contractor not have completed the outstanding items?
In addition to not having received PC, under Regulation 18 of the building regs 2022, if the outstanding building regs works aren’t completed in 3 months, the approved inspector will issue a cancellation notice and the works will revert to the local authority for enforcement.
The above would apply after 4 weeks if the building had become occupied.
What are liquidated damages?
Are damages paid to cover the loss the client receives as a result of the project being in delay.
