Contract Administrator Flashcards
What standard forms of contract are you aware of?
I am familiar with several widely used standard forms of contract, including:
JCT (Joint Contracts Tribunal) suite – e.g. Design & Build, Standard Building, Intermediate, Minor Works.
NEC4 (New Engineering Contract) suite – e.g. ECC Option A to E.
FIDIC – used for international projects
What is your understanding of bespoke contract?
A standard form is published by an industry body (e.g. JCT, NEC) and follows established, balanced risk allocations and procedures.
A bespoke contract is tailored to the client’s needs, often to shift more risk to one party or reflect specific commercial arrangements.
Standard forms are more predictable and widely understood. Bespoke forms often require legal interpretation and carry higher risk of ambiguity.
What do you understand as the difference between a bespoke contract and standard form of contract?
Advantages:
Tailored to suit specific commercial or legal needs.
Can allocate risk more aggressively in favour of the client.
Disadvantages:
Lack of familiarity may lead to misunderstanding or disputes.
May increase legal and administrative costs.
Harder to manage and negotiate for SMEs or less experienced contractors.
What are your views on the advantages/disadvantages of using a bespoke contract?
Advantages include specificity and flexibility; disadvantages may involve higher costs and time.
What are your views on the advantages/disadvantages of using a standard form of contract?
Advantages:
Widely recognised and understood in the industry.
Balanced and tested risk allocation.
Saves time and cost compared to drafting a bespoke form.
Supported by case law and professional guidance.
Disadvantages:
May not address unique project-specific risks without amendments.
May require supplementary documents (e.g. ERs or Z-clauses) to clarify certain obligations.
What are the advantages of the JCT form of contract?
JCT contracts are:
Familiar to most of the UK construction industry.
Clear in defining roles, responsibilities, and procedures (e.g. payment, extensions of time, variations).
Flexible — available in multiple forms (e.g. D&B, Traditional, Intermediate).
Supported by a large body of case law and professional guidance.
Name 3 of the changes to the JCT form of contract 2024?
Three notable changes in JCT 2024 include:
Inclusion of Building Safety Act provisions – e.g. dutyholder roles and “golden thread” compliance for higher-risk buildings.
Expanded provisions for digital communication – allowing for electronic notices and documents as standard.
Optional Fluctuation Provisions updated – reflecting recent concerns about inflation and market volatility.
Other updates include references to Collaborative Working, Sustainable Development, and streamlined termination procedures.
If a non-completion certificate is not issued, what is the contractual effect?
If the Contract Administrator (CA) fails to issue a Non-Completion Certificate (NCC) under JCT:
The employer cannot deduct Liquidated and Ascertained Damages (LADs), even if the contractor has delayed.
The contractor remains in delay, but without an NCC, LADs become unenforceable under JCT contract mechanisms.
The employer could seek damages at common law, but this is less straightforward.
What guidance is there on contract administration?
RICS provides clear guidance in:
RICS Contract Administration Guidance Note (2021) – outlining roles, duties, and best practices for administering contracts.
JCT Practice Notes and Guidance Notes.
What are the duties of a CA under JCT contracts?
The CA’s duties include:
Administering the contract fairly and impartially.
Issuing instructions and managing variations.
Certifying payment, practical completion, and making good defects.
Assessing extensions of time and issuing related notices (e.g. non-completion).
Maintaining records and communicating decisions clearly to both parties.
What did you include when you issued instructions?
Instruction reference number and date.
Clear description of the scope of the change (e.g. changes to temporary works, omission of basement, specification amendments).
Reference to relevant drawings or documents affected or to be used.
Any necessary notes on programme impact, design coordination, or site sequencing.
Distribution to all relevant parties (e.g. contractor, project manager, design team).
What did you issue for the valuation?
For each interim valuation on Brecknock Road, I issued:
A Valuation Summary Sheet, setting out:
Works completed to date (based on site inspections and BoQ/Schedule of Works).
Valued variations (approved or provisional).
Agreed value for materials on site and off-site (if applicable).
Retention deductions (as per contract terms).
Adjustments for loss and expense, if agreed.
A formal Interim Payment Certificate under JCT Clause 4.10, issued within the timescales set out in the Contract Particulars.
Accompanying Payment Notice or Pay Less Notice, depending on the stage in the payment cycle and employer instruction.
