Contract Practice

Question 1

What are the various forms of JCT contracts

Answer 1

JCT D&B
JCT SBC
JCT IC
JCT MW

Question 2

What are the contractual mechanism of JCT D&B are you aware of

Answer 2

• An Employer may issue an instruction for a Variation/Change under Clause 3.5 (D&B). Should the Contractor not implement the instruction, the Employer has the right to issue a notice to the Contractor which after 7 days allows the Employer to employ others to complete the instruction and the additional costs can be deducted from the Contractor.
• Retention is by the employers
• Payment provisions
• Extension of time
• Issues in instruction for works not in accordance with the contract
• Issuing practical completion and no completion certificate

Question 3

What s a collateral warranties

Answer 3

It is a contractual document created between two parties who is are not otherwise party to the contract.

Question 4

On Linwood Crescent can you run me through the the proceed of assessing a contractors valuation

Answer 4

• Assess the valuation as soon it it’s been submitted by the contractor
• Organised a site meeting with the contractor to review the valuation/works on site.
• Reconciled against previous moth’s valuation to track movement
• Prepare notes or queries
• Once one site I will run through any queries with the contractor.
• Check the works, prelims and materials on site
• Make any adjustment to the valuation following site visit and seek agreement with the contractor before issuing certificate.

Question 5

On Linwood Crescent How would you asses the contractors prelims on site

Answer 5

I would ensure a draw down provided by the contractor and review the fixed prelims to see if the items are on site. For the time prelims I will compared that against how far the contraction is against programme

Question 6

Queens Road - What has handover information did you expected on the project

Answer 6

Electrical commissioning cert
Building control cert
Building warranty cert
As built drawings
Building Manuals

Question 7

On HRA Phase 4 what was the procedure for terminating the contract

Answer 7

I advised the client a notice must be serve a notice to the contractor specifying the default as stated on clause 8.4.1

Clause 8.4.2 - If the contractor continues a specified default for 14 day form the receipt of the notice, the employer may within 21 day from the expiry of the 14 day period by a notice to the contractor terminate the contractors employment under the contract.

If further notice has not been served referring to in clause 8.4.2 (whether as a result of the ending of a specified default or otherwise) but the contractor repeats a specified default ( whether previously repeated or not), the upon or within reasonable time after such repetition, the employer may by notice to the contractor terminate that employment

Question 8

On the Lovelace primary school project - What contractor options did you you discuss with the clients

Answer 8

JCT intermediate and JCT Minor works

Question 9

Lovelace Primary School- why did you recommend the a JCT intermediate contract with contractors design.

Answer 9

The minor works contract did not have provision for a collateral warranty

The project also had elements of work which required contractor design input