Contract Administration Flashcards

1
Q

What is the role of the QS under JCT D&B?

A

Does not exist, only a supporting role to EA.

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2
Q

Do you issue valuation certificates under the JCT D&B contract?

A

When I am acting as the Employers Agent I would, acting in my role as a Quantity Surveyor, I would not. I would issue a recommendation for payment to the EA to allow them to issue the formal certificate.

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3
Q

What are the timescales for payment under JCT D&B contract?

A

Interim Valuation Dates (IVD) are agreed in the contract particulars and occur monthly.
The due date for interim payment is 7 days after the IVD.
Contractor must submit an interim application for payment by the IVD, due date is 7 days from IVD.
Payment Notice issued within 5 days from Due Date
Final Date for Payment is 14 days from Due Date
Pay less notice should be issued no later than 5 days prior to Final Date for Payment

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4
Q

What is an Extension of Time (EoT)?

A

Provision that allows the CA to ‘adjust the completion date’, prevent time from becoming ‘at large’ and thereby postponing the employer’ right to recover liquidated damages.

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5
Q

What is the procedure for claiming an EoT?

A

Contractor write to CA as soon as reasonably apparent that a delay has occurred. Notification should identify a Relevant Event and give an indication of the delay.

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6
Q

What are some of the Relevant Events under JCT?

A

Variations
Instructions
Civil commotion
Any impediment, prevention or default by the client
Deferment of possession of site by Client
Statutory undertakers work
Force Majeure
Discrepancies in ER’s

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7
Q

How long does the EA have to assess a an Extension of Time under JCT?

A

12 weeks from receipt.

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8
Q

How would you assess a loss and expense claim?

A

Review the issue to see if it was a Relevant Matter
Review against the Contract
Seek to value the works and ascertain that everything included was necessary to the claim
If appropriate EA could then respond formally.
Timescale is 28 days.

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9
Q

What are some of the Relevant Matters under JCT?

A

Issues relating to CDM.
Instructions relating to the expenditure of provisional sums.
Discrepancies in contract documents.
Failure to give contractor possession of or access to site.

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10
Q

What are the timescales surrounding an Loss & Expense claim under JCT?

A

28 days for the EA or CA to review and agree.

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11
Q

How do you manage change control when acting as the EA?

A

No formal timescales but the JCT Valuation Rules and RICS Valuing Change document both advise that cost of changes should be agreed prior to the works being carried out. This isn’t always the case and can result in disputes.
Contractor/Client issue proposal for change.
Contractor provides cost in the form of CPFC.
EA/QS will assess the cost using the Valuation Rules.
If agreed, EAI is issued and the cost becomes part of the contract sum.

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12
Q

What is ‘Time at Large’?

A

When there is no revised PC date

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13
Q

What happens at Practical Completion?

A
  1. Half retention released
  2. Client’s opportunity to levy LAD’s ceases
  3. Insurance switches from Contractor to Client
  4. Defects liability period begins
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14
Q

What must be in place before issuing Practical Completion?

A

Building Control must be signed off then PC certificate can be issued.

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15
Q

Can you name some of the contracts within the NEC suite of contracts?

A

○ Option A - Priced contract with CSA
○ Option B - Priced contract with BoQ
○ Option C - Target contract with CSA
○ Option D - Target contract with BoQ
○ Option E - Cost Reimbursable
○ Option F - Management Contract
○ Option G - Term Contract (Only for consultants - appointment document)

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16
Q

Can you name some of the contracts within the JCT suite of contracts?

A

○ JCT Design & Build
○ JCT Minor Works
○ JCT Intermediate
○ JCT Pre-Construction Services Agreement
○ JCT Major Projects Agreement
○ JCT Measured Term
○ JCT Standard Building (with quant/wo /approx)
○ JCT Framework Agreement

17
Q

What would you advise a client who came to you with insurance queries regarding the contract?

A

I cannot advise on insurances as I am not qualified nor covered by the PI insurance of T&T.

18
Q

Can you identify a few differences between the JCT and NEC contracts?

A

○ NEC includes time and cost in changes
○ Programme is a contract document under NEC
○ NEC is more collaborative in theory but more administrative heavy
○ NEC puts timescales on its change control procedures.