Contract Administration

Question 1

What are the four key elements required to make a binding contract

Answer 1

Offer, acceptance, consideration and an intent to create legal relations

Question 2

Should the contract define the completion date?

Answer 2

Yes, the contract should define the completion date, which will be fixed unless an extension of time is approved.

Question 3

Can the contractor claim for delays following the issue of Practical Completion?

Answer 3

No.

Question 4

What happens as a result of issuing Practical Completion?

Answer 4

Certifying completions will transfer liabilities for works, as well as maintenance and insurance from the Contractor to the Employer.

Question 5

Should a CA be part of the design process?

Answer 5

The CA’s role does not include design responsibilities under the JCT forms of contract. If they do begin to make design choices, they will incur design liability.

Question 6

How would a Contractor make an Extension of Time request?

Answer 6

The Contractor must give written notice of the relevant event / events.

Question 7

What should an Extension of Time request include?

Answer 7

Notifications should include grounds for an extension, impact assessment, causation, mitigation efforts, updated schedule and any supporting documents.

Question 8

What is final account?

Answer 8

This is prepared at the end of the works, adjusting the sum set out in the contract to take account of any variations, provisional sums, loss and expense. The account confirms the final payment required under the contract but is frequently the source of disputes between the parties.

Question 9

What is another contract you have worked with?

Answer 9

Homeowner Contract (with Consultant) 2015 Edition for use in Scotland

Question 10

What Building Contract do you often use?

Answer 10

SBCC Minor Works Building Contract with Contractor’s Design for use in Scotland, 2016 edition, incorporating Amendment 1, February 2018 - With and without Contractor’s Design

Question 11

When would you select a Minor Work Contract WITH Contractor’s Design

Answer 11

When there is an element of the project to be designed by the Contractor for example scaffolding design or specific area of the works - flat roof design. I can use the preliminaries to outline performance requirements of these design requirements.

Question 12

Who does Contract Instructions come from?

Answer 12

The instruction is from the Client but must be issued in writing by the CA.