Contract Administration - Flash Cards - L3
Childrens home, WSCC - What process was followed to assess the EOT?
Contractor issued notification of delay when the delay became apparent. Claim fell under RE for variations due to subsequent instruction for partition work. I review claim against programme, critical path, concurrent works and whether there was programme flat.
Issued EOT certificate adjusting the completion date.
Contractor issued confirmed revision of the programme.
Childrens home, WSCC - Provide me with an example of a few non-standard amendments that were incorporated within one of your example project contracts?
I would refer to employers schedule of contract amendments, for this project the employer change the payment period from 14 to 30 days and altered the final date for issue of pay less notice form 5 to 1 day before final date for payment.
Childrens home, WSCC - What should you do if an EOT is not agreed and the contractor fails to complete the works?
Issue non completion certificate, contractor will be liable for LDs unless an EOT is subsequently issued cancelling out the non completion.
Childrens home, WSCC - How did you deem that the contractors claim for extension of time and loss and expense was appropriate?
Reviewed relevant events within section 2 carrying out the works, and relevant matters in section 4 payment, where both confirm a variation is a valid reason for a claim. I then assessed the claim against the critical path, programme float for the time and assessed the loss and expense claim against prelims in the contract to ensure they were valid rates.
Childrens home, WSCC - What did you include within your extension of time certificate?
Used a standard template, contract date, parties to the contract, existing completion date, new completion date CA signature.
Childrens home, WSCC - What information did you request the contractor provide to backup the loss & expense claim?
Breakdown of preliminaries claimed including individual site management time, access, OH&P - I then used this to assess against tendered values.
HDP, WSCC - What is a certificate on non-completion and when is it issued?
Certificate of non-completion confirms that the contractor has not completed the works by the completion date in the contract. This is issued on the contractually dated completion date if the works are not completed and there is no EOT in place.
HDP, WSCC - What are liquidated damages?
Calculation of actual loss from the client should the contractor not complete the works on the date in the contract.
HDP, WSCC - How are liquidated damages calculated?
They are calculated using information associated with genuine pre estimates of losses, for example the HDP project allowed for consultant fees, loss of earning from libraries, costs for alternative library spaces.
HDP, WSCC - What is the liquidated damages process within the JCT contract?
Detailed in section 2 - carrying out the works.
1. CA issued non-completion certificate.
2. Employer notified in writing before the final certificate that LDs may be implemented.
3. Employer notifies in writing that LDs are to be paid at the rate stated in the contract.
4. Employer issues pay less notice.
HDP, WSCC - What happens if an EOT is agreed following issue of a non-completion cert?
The non-completion certificate is cancelled for the duration of the EOT.
