Contract Administration (Level 2) Flashcards
Who is the contract administrator under the different JCT and NEC contract forms?
JCT:
o Responsible for administering the contract (issuing instructions, valuing variations and
certifying payments).
o Additional responsibilities in DB over SBC relating to design coordination.
NEC:
o The Project Manager is responsible for administering the contract, issuing instructions, managing risks, assessing compensation events (variations), and certifying payments (ECC).
o Under PSC, the PM is responsible for overseeing the delivery of PS’s such as design, engineering and consultancy work
Who are the parties to a JCT SBC?
o Employer
o Contractor
o Architect/ CA
o QS
o Principal Designer
Who are the parties to an NEC contract?
o Employer
o Contractor
o Project Manager
o Construction Supervisor
o Other Consultants or Advisors (if applicable)
What are the general obligations of the Contractor?
o Performing the works in accordance with the contract.
o Provide labour, plant and materials.
o Comply with law and regs.
o Follow design requirements.
o Meet quality standards.
o Complete the works on time.
o Maintain site safety.
What are the general obligations of the Employer under a construction contract?
o Providing access to site
o Providing information
o Appointing PM
o Design requirements
o Approval and permissions
o Provide finance
o Make payments
o Notify defects
How does a Contract Administrator role differ from that of an Employer’s Agent?
o CA primary focus is administering the contract.
o EA does that too, whilst having more PM duties such as coordinating design, managing risk and ensuring compliance with statutory requirements.
What are the different pricing options under a construction contract?
o Fixed price (lump sum).
o Cost reimbursable.
o Schedule of rates.
o Target cost.
o Guaranteed maximum price.
What are the different certificates on a typical JCT/NEC contract?
o JCT Certificate of Practical Completion v NEC Completion Certificate.
o Interim payment certificates.
o Defects certificates.
o Extension of time certificate.
What certificates have you compiled and issued?
- Completion certificates.
- Defect certificates.
- Payment certificates.
Can you give an example of involvement with dispute avoidance?
- Adjudication on Williamsgate with Electrical subcontractor.
- Internal dispute resolution methods in accordance with the framework agreement, again on Williamsgate.
In addition to dealing with variations and payments, can you explain how you dealt with completion/possession issues with the sub-contracts you administered?
o Quality of workmanship during the reedbed liner subcontract works. Leaks leading to defects leading to disputes until rectification.
When does the defect correction period begin?
At Completion for Defects notified before Completion and when the Defect is notified for other Defects.
You discuss experience with NEC3 Option B Contracts. What happens under an NEC3 Option B if something is clearly indicated on the tender drawings, but is missing from the bill of quantities?
Cleared up through Clause 60 by dealing with the inconsistency between the BoQ and the Works Information.
