Contract Administration (L3) Leconfield Primary School Flashcards
Why did you use the NEC3 Contract?
- Standardised across the department for ease and the use of the same terminology. Seen as consistent across our projects for using one contract. Other departments use different options of the NEC3 to suit their needs.
- The NEC3 Engineering Construction Short Contract is our default contract in practice. The NEC3 aims to prevent disputes due to the collaborative approach and they have a proven track record for successful project delivery. They are becoming more popular because the NEC is written in plain English without the legal terminology.
Did you consider any other form of contract?
- I didn’t consider any other form of contract, NEC3 Short Contract is our default contract due to remaining consistent across our department. However, I do have an awareness of the JCT Minor Works contract which would have been suitable given the size and nature of this scheme.
Why did advise a 90/10 quality, split evaluation?
- There was specialist work involved for manufacturing and installing the timber frame building
- Gauge how much effort and thought the contractor had put in
- Marked accordingly
- We use a framework, so we have a greater control over the financial quality of the tendering contractors
- We are a public body so price matters.
What quality elements did you assess?
- The Programme: start and completion date making sure the contractors programme was realistic
- Method statement: Their method statement reflected the specification in the order in which they were going to carry out the work. Had they given thought to how they were going to carry out the work
- Employment Skills Plan: Encouraging young people, providing equal opportunities, and promoting the profession.
Why did you withhold retention for 12 months?
- I decided to withhold retention for 52 weeks due to the mechanical aspect of the scheme which included a replacement boiler and new heating system for the new classroom extension.
How did you purchase the materials to secure the cost?
I paid an interim valuation which clearly showed on the certificate that the payment was for materials brought to site. I also kept a record of all communication.
If the material were to be stored off-site, how would you go about it?
- Firstly, I would request proof the contractor had ownership of the materials.
- I would request a vesting certificate for materials stored off-site
(e.g., large window replacement scheme)
What was the impact of Covid-19 in the way you managed the contract?
There was an issue with material shortages and increased costs, however, I got around this issue by purchasing the materials in advance as soon as the issue was raised by the contractor.
How were payments made, how often did you do them and what was the process you followed?
Last working day of the month, as per the NEC3 Contract.
This would be following an inspection to confirm the works were completed prior to making payment.
When did you issue the completion certificate?
On completion of the works. A final inspection of the completed works was done alongside the contractor. Any snags were noted and issue to the contractor.
I issued a completion certificate to the contractor.
How did you agree the final account and what was the process you followed?
I emailed the contractor and asked them to send over the draft final account. Throughout the project I managed to keep on top instructions. This made agreeing the final account straight forward and avoided any disputes.
RICS Guidance Note: Final Account Procedures
Did you encounter any disputes; how did you manage these contractually?
I have good working relationship with the contractor and are aware of our preferred communication methods. I was able to deal with any issues over the phone or by email.
(Communication & Negotiation)
What was the benefits of withholding retention?
It gives leverage to get the contractor to put any defects right after completion until the end of the defects date.
Did you have to use any of the withheld retention?
No
