Contract Administrator Programme & Opening up and testing Flashcards
947 What is the difference between a contract administrator and an employer’s agent?
The CA is a specifically named person works for the Client in administering the contract. The role is impartial and only comes into existence when the contract has been signed.
The EA again is a specifically named person, but they act on behalf of the employer on all matters as if they were the employer. In carrying out its certification and decision making functions they act impartially.
948 What status does the programme have under a JCT contract?
- The contractor must show a copy of the master programme to the CA
- Nothing shown under the programme changes any of the existing contractual obligations
- The programme is not a contractual document under the JCT form of contract.
949 What is practical completion under NEC?
This is when the contractor has:
* Done all the work which the Scope states is to be done by the completion date and
* Corrected all notified defects which would have prevented the Client from using the works or others from doing their work
952 What is a non-completion certificate? (387)
This is a notification from the CA that the works/section of the works were not completed the completion date. This must be issued at the right time. Failure to issue at all will mean time is at large and the Client will be unable to levy LDs.
953 What are the consequences of a non-completion certificate?
The Client has the right to withhold LDs (a pay less notice is required)
* Cert for non-completion is required
* Client must write to the contractor telling them they intend to levy LDs
* The employer is usually required to start insuring and securing the building
* Client to issue a pay less notice
954 When PC is issued what are the consequences?
- The defects liability period starts
- The Client becomes liable for insuring and securing the building
- ½ of the retention is released (if applicable)
- Ability to impose LDs ceases
