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Pathway To Chartership P2C > Contracts > Flashcards

Contracts Flashcards

1
Q

What do contract documents typically consist of?

A
  • The conditions of the contract and articles of the agreement;
  • Drawings;
  • Specifications;
  • Bill of Quantities;
  • Preliminaries;
  • Risk Assessment
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2
Q

What is a Specification?

A

‘It is a written description of the quality of the built product and its component parts.’

Performance Specification - define the characteristics of the final product… clients will state what quality of finish they are after in essence or brief.

Descriptive Method Specification - A written document providing detailed descriptions of the quality required in terms of construction, Workmanship and materials.

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3
Q

Whats the role of Clerk of Works?

A

To visit the site during construction phase and produce progress reports for the Client.

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4
Q

When does the Rectification period starts?

A

When practical completion is achieved.

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5
Q

How much of the Retention fee is returned to the Contractor at Practical Completion

A

Half of the withheld amount.

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6
Q

What is a valuation?

A

It is the process of the Contract Administrator visiting the site during the construction phase to verify works progress and issue certificates.

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7
Q

Which is a dispute resolution method based in Court based?

A

Litigation

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8
Q

In a Local Planning Authority would always accept the lowest tender?

A

Yes, would always accept the lowest one, since it’s all about cost savings

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9
Q

How would you request for a minor change on the design during construction?

A

Through a variation.

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10
Q

When does the Defects liability period start and how long does usually last?

A

12 months after Practical Completion and last 12months

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11
Q

When do you need to produce the snagging list?

A

At the Practical Completion

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12
Q

When is the Penultimate Certificate issued?

A

At Practical Completion

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13
Q

Which certificates needs to be issued right before issuing the Final Certificate?

A

The Making good defects certificate

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14
Q

What is novation?

A

Novation is a mechanism whereby one party can transfer all its obligations under a contract and all its benefits arising from that contract to a third party.

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15
Q

What is discussed at a pre-contract meeting?

A 
Roles & responsibilities.
Agree lines of communication.
CDM regulations & responsibilities.
Programme of work & dates.
Issuing outstanding pre-start information, e.g site details that weren't included in tender documents.
Nominations of suppliers, subcontractors.
Agree progress meeting schedule etc.
Construction phase plan.
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16
Q

How are contracts discharged?

A

A Pear Fell Bounce Bounce Bounce

  1. Agreement
  2. Performance
  3. Frustration
  4. By contractual stipulation/terms of contract
  5. By lapse of time
  6. Breach
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17
Q

What is a collateral warranty?

A

A side legal agreement with a 3rd party that runs alongside an existing contract between two parties. LAs typically encounter them when working with a developer or occupier.

e.g. Dock 9: Architect, Landscape Architect, Developer and Tenant

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18
Q

What does the term “agent” mean in a contract?

A

“Agency” = the relationship that comes into being when one party is employed by another to make legally binding contracts with a 3rd party on behalf of the principal.

The client is giving permission for LA to act on their behalf.

It is an obligation of the LA to behave as a ‘responsible agent’ and to:

  1. Act in the best interests of the client
  2. Not to make underhand profits / take bribes
  3. Not to delegate their responsibilities
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19
Q

What branches of the law should landscape architects be aware of?

A
  1. Criminal Law
  2. Civil Law
    - Contract Law
    - Law of Tort
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20
Q

What is the privity of contract?

A
  • principal feature of contract law is that it defines the rights of and obligations between the parties of a contract
  • = only a party to a contract can take the benefits of that contract or is subject to its obligations
  • defines whether someone can be sued or not
  • JCLI and JCT exclude above - instead provide for the use of traditional common law rules and collateral warranties
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21
Q

Current court structure

A

Court of Justice of the European Communities
Supreme Court of the UK
Court of Appeal
Criminal Division Crown Court- Magistrates Court
Civil Division High Court - County Court

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22
Q

What is the difference between latent defects and patent defects?

A

The difference between latent and patent defects is that latent may not become apparent until a few or many years after the completion of the project whereas patent defects, on the other hand, are the ones that are immediately obvious and are included in the snagging report.

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23
Q

How would you agree terms of appointment in a private practice?

A

As required by the CoC, all agreements should be in writing.Whether a LA uses the standard Landscape Consultant’s Appointment (LCA) form or a custom one that has been thoroughly checked by a lawyer before being used, is up to the individual professional. This contract of appointment should clearly set out the scope of works that the LA will deliver based on the client’sbrief, the expected output in terms of provision of drawings material and the fees required to complete these services.

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24
Q

What is the Landscape Consultants Appointment (LCA)?

A

The Landscape Institute’s official document that: advises Landscape Consultants and their Clients in the execution of landscape commissions & sets out the Memorandum of Agreement as well as the standard and additional services provided, conditions of service which apply and a schedule of services and fees

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25
Q

What action should a consultant take if negligence claims are pursued?

A

If there’s a claim of professional negligence against the consultant, the consultant should not respond in writing & should contact PII insurers. PII insurers will provide guidance on handling of the claim and any info that should/ should not be shared.

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26
Q

What contractual obligations may a LA have?

A
  1. Contracts for services to clients 2.Contracts of employment 3. Collateral warranty
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27
Q

What types of terms of contract might establish the parties obligations?

A
  • Implied – by the court, by custom and by the statue

- Express – written terms agreed by both parties

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28
Q

What is the significance of Practical Completion?

A
  • fit for purpose
  • site handover meeting will be arraigned
  • The site is handed back to the client
  • The contractor is no longer required to carry insurance - for the site
  • The contractor can request a penultimate payment certificate
  • The contractor can request the release of the Bonds
  • The contractor can request half the retention fund can be released
  • Period of final measurements may start
  • The defect/rectification and maintenance period begins
  • The Health & Safety File will be compiled and handed to the client

Example: swimming pool being offered as fit for purpose. If there is no water in it, you would not accept it as fit for purpose, because you cannot swim in it, you cannot tell if it leaks, whether the pumps work and whether any water purification is effective

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29
Q

The contractor builds a path in the wrong location - what do you do?

A

Check the contract documents see what was agreed If the path was placed in the wrong location then I would submit a request to the Contract Administrator to issue an instruction to the contractor to put right the path.

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30
Q

What is the Role of a Contract Administrator?

A

To administer change control procedures

Issues Instructions and Progress Certificates

Issue progress reports

Collate and issue Schedule of Defects

Issue payments certificates

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31
Q

What is an instruction?

A

A written instruction to proceed with, omit, or change any aspect of the works.

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32
Q

What is the difference between an Instruction and a Variation?

A

Instruction - if you are putting right something the contactor has done wrong

Variation - if it involves time money or a decision by the client. Variations are issued on the same form as instructions

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33
Q

If there was an injury on-site - what do you do?

A

There is a legal requirement through RIDDOR (Reporting of Injuries, diseases, and dangerous Occurrences Regulations) to notify and keep records by a competent person. This also includes near misses.

A reasonable person is required to inform the Health & Safety Executive and Local Authority about the accident or near-miss. a report must be received within 10 working days from the incident.

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34
Q

If the contractor goes into Liquidation - what do you do? What are the issues?

A

The contractor has gone into liquidation - most contract s will allow the termination of the contract, to enable a replacement contractor.

The ownership of goods, materials that the client has paid for but not in precession; Defects in the work that the contractor has not rectified, Outstanding payments, Outstanding disputes

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35
Q

What protection does the client have?

A

Parent company guarantees
Retention
Performance bonds
Project bank accounts

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36
Q

What is a Performance Bond?

A

It is a means of protection for the client to ensure the contractor fulfil their contractual obligation. By requesting typically 10% of the contract value.

This would be set out in the tender documents

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37
Q

Planning Enforcement, what are the different types

A

Types of enforcement:

  • Planning contravention notice - breach of planning control;
  • Enforcement notice - breach to be remedied or prosecution
  • Breach of condition notice - Failure to comply with conditions/limitations;
  • Stop notice - Offence to continue works
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38
Q

Explain the process of Novation?

A

D&B with Novation

· Initial consultation agreement must propose novation

· Contractual relationship gets transferred between two different parties

· Benefit – Maintains design continuity pre-and post-contract

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39
Q

Explain the process of the Design & Build procurement route?

A

· Main Contractor appointed to design and construct the works
· Single point of responsibility
· Landscape Architect appointed directly to the contractor from the оut set
· The contractor is your client

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40
Q

What factors would you consider when deciding which procurement route to choose?

A

Deciding Factors → who carries the risk = Cost certainty / Quality / Time

Cost certainty = Traditional or Design &Build
Time = Design & Build or ManagementContracts or Framework Contracts

Quality = Design Competition or Partnering or Traditional

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41
Q

What are Dayworks - How would you calculate this?

A

Are for works which can not be properly measured and priced in accordance with the Bills of Quantities?

Cost of Labour + Materials + Plant +Mark up of overheads & Profit = Day Works cost

42
Q

How would you value the work done to pay the contractor?

A

→ Interim valuation (Valuing work)
Interim valuation is a pre-cursor to the issue of an interim certificate. Part payment for work undertaken since the last valuation.

→ Calculations can be based on:
Percentage achieved or completion of the activity.

Milestones reached on a pre-agreed programme.
Measurement against a bill of quantities.
Stage payments against calendar dates.

43
Q

If a dispute happens between the main contractor what can you do?

A 
First Consult the contract to see what was agreed;
Then Arbitration (As stated in contract);
as per the Housing Grants and Construction Act.
44
Q

What are the different methods of dispute resolution?

A

→Mediation - A cheaper option where a mediator is appointed by the two parties to make recommendation to settle the dispute, but there is no guarantee that a resolution will be reached.

→Adjudication - An independent 3rd party, an adjudicator decides a verdict that is binding unless disputed.

→Arbitration- Can only arise when it is a:

  • Genuine dispute
  • Binding contract between the parties
  • Contract condition refers to Arbitration

→Litigation - any dispute between parties to a contract may be settled in court, the decision is final.

45
Q

Why have Standard Documents?

A
  1. Express and implied terms settled in case law
  2. Certainty
  3. Standardisation
  4. Suited for purpose
46
Q

What contracts are a Landscape Architect privy to?

A

→ Appointment to Client Professional Services
→ Design & Build with Novation
→ Collateral Warranty
→ Partnership Agreements

47
Q

What are the different forms of Appointments for a Consultant?

A
  1. Landscape Consultants Appointment
  2. NEC Professional Service Contract
  3. JCT Consultancy Agreement RIBA Standard
48
Q

What are the Standard Term Contracts?

A
  1. JCT
  2. NEC3
  3. JCLI
  4. PPC Suite
49
Q

What are the Different forms of JCLI Standard Contracts? When might they be used?

A

JCLI - Agreement for Landscape Works 2017

It is similar to JCT Minor works standard contract, with additional clauses:

  • Vandalism
  • Certification
  • Fluctuations
  • Nominated Subcontractor (Not appropriate)

It is appropriate for:

  • Simple hard & soft landscape contracts
  • Value below £200,000
  • When the quality of works is clearly defined

Itis not appropriate for:

  • Naming specialist, i.e. Nominated Contractor
  • Where detailed control procedures are required
  • Does not cover management

JCLI - Maintenance Contract 2017

Appropriate for use in three different circumstances:

  • With the Agreement for Landscape Works contract to cover management during the plant rectification period;
  • With another form of construction contract to cover maintenance during the rectification period;
  • For landscape maintenance works not associated with a construction contract.
50
Q

Are there any other forms of JCLI Standard Contracts?

A

JCLI - With Contractors Design

  • For works under £200,000 in value
  • Where the works is simplistic in character
  • Not appropriate as a Design & Build contract
  • Where the design is produced, but parts are designed by the contractor

JCLI - Landscape Contract for Home Owners

  • For home owners
  • There are no liquidated damages
  • The client would be a domestic client under CDM
51
Q

When would you use a JCLI form of contract and not JCT?

A

If the design includes soft landscape works i.e. planting, trees etc. because it covers:

Living materials
Seasonal effects
Malicious damage / vandalism / theft of plants

52
Q

When would you use the JCLI landscape contract for home owners?

A

When undertaking soft landscape works for a domestic client

53
Q

What would you recommend to your client in respect of maintenance under JCLI?

A

To take out the JCLI Maintenance Works contract in addition to the main contract

54
Q

The client carries out maintenance, who is responsible for the death of the plants?

A

If it is within the defects rectification period, then the main contractor is liable for rectifying plant failure. If it is outside of the DRP, then the client is liable.

55
Q

What is covered within a JCLI form of agreement?

A
  1. Seasonal effects
  2. Living materials i.e. plants
  3. Malicious damage of plants
56
Q

What are the principle elements of the JCLI form of agreement?

A

a. The Agreement:
i. Parties
ii. Recitals
iii. Articles
iv. Witnesses

b. Conditions of Contract
i. Definitions and Interpretations
ii. Carrying Out the Works
iii. Control of the Works
iv. Payment
v. Injury, Damage and Insurance
vi. Termination
vii. Settlement of Disputes

c. Schedules (Arbitration, Fluctuations, Provisions)
d. Guidance Notes

57
Q

What are the options under JCLI for the rectification period?

A

Option 1 – Defects and establishment care of plants by Contractor
Contract Administrator to notify Contractor of any defects/faults that appear due to materials, goods or workmanship no later than 14 days after the end of Rectification Period.

The care of trees, shrubs,grass and other plants after practical completions is excluded from the JCLI but shall be undertaken by the contractor under a separate contract.

Option 2 – Defects and establishment care of plants by Employer
Contract Administrator to notify Contractor of any defects/faults that appear due to materials, goods or workmanship no later than 14 days after the end of Rectification Period. The care of trees, shrubs, grass and other plants after practical completions is excluded from the JCLI but shall be undertaken by the Employer who will bear the cost of any replacements.

58
Q

What are your / the CA’s duties under the JCLI Form of Agreement?

A

To issue further information and instructions necessary for the proper carrying out of the work and to issue all certificates required by those Conditions, including:

  1. Instructions /Variations
  2. Practical Completion
  3. Extension of Time
59
Q

Who would pay for vandalism or stolen plants?

A

Prior to Practical Completion
If a Provisional Sum is included in the Contract Sum it shall be expended by instruction of the Contract Administrator for all works arising from theft/damage beyond the control of the Contractor prior to Practical Completion.

After Practical Completion - client

60
Q

When would you use the JCLI agreement for Maintenance Works?

A

a. Alongside the JCLI Landscape Works Contract
b. Alongside another Contract e.g. JCT Minor Works
c. Stand alone for a Maintenance Project

61
Q

What issues are covered in an JCLI Maintenance Contract

A 
→ Repetitive operations
→ The quality of the work, including performance bonus payments for doing a quality job
→ the timing of the work
→ failure of plant materials
→ extended contracts periods
→ penalties for not doing a specific task at the right time. Liquidated damages can be applied for failure events
→ Inflation due to long periods
→ Annual payments

THE CONTRACT CAN BE FORMED ON THE BASIS OF PERFORMANCE OR OPERATIONS - has to be decided at the pre-tender stage as it affects the type of specification, contract administration and inspection, and processing of valuations and payments.

62
Q

What factors would you take into account when selecting an appropriate form of contract?

A 
Type of work
Size of contract
Complexity of work
Soft or hard landscape (or both)
Risk
63
Q

What is domestic subcontractor?

A

Sub-contractor chosen by the main contractor. The main contractor assumes all liabilities for the sub-contractor.

64
Q

What is a nominated subcontractor?

A

Nominated – preferred contractor nominated by the client or Landscape Architect. Incurs potential liabilities on the Client, and so is almost obsolete.

Named – Client / LA submits a list of preferred sub-contractors to the main contractor, who then makes the final selection.

65
Q

Who would attend a pre-start meeting?

A

Client, Contract Administrator, Main Contractor, Project Manager if applicable, Consultants (LandscapeArchitect, Architect, QS, Clerk of Works), Site Agent / Foreman

66
Q

What would you discuss at a pre start meeting?

A

Agenda:
→ Introductions & Apologies: Appointments/personnel roles/responsibilities/contact details
→ Project Works: project descr./ site descr. and special requirements
→ Contract: Contract formalities/ handover of production information/ insurances and bonds/ commencement and completion/ possession
→ Statutory obligations: Legislation and bye laws
→ CDM/H&S: F10/legislation/ roles and duties/site protocol/communications
→Contractual Matters: Programme/ Site org./Quality control/specialist sub contractors/testing/services/sign boards/certificates of competence of hazardeous substances i.e herbicides
→ COW Matters: roles & duties/facilities/liaison/dayworks
→ Consultant matters: Liaison /instructions/programme
→ QS matters: valuation procedures/dayworks/CIS tax certificate/VATChange of Control procedures
→ Communications & Procedures: Info req./distribution of info/ instructions and lines of communication/claims
→ Meetings: pattern & proceedings/status of minutes/ditribution

67
Q

What is the purpose of a progress meeting?

A

→ To monitor progress against a pre-determined programme – able to take action if required
→ To resolve contractual issues quickly
→ Ensures contractor is carrying out work in accordance with contract documents
→ Sharing information / keep open lines of communication
→ Client is kept informed

68
Q

Can you define the agenda for a progress meeting?

A 
→ Parties present & apologies
→ Minutes of last meeting
→ Matters arising
→ Contractor's progress:
→ General report
→ Subbie report
→ Progress and comparison with programme
→ % of main items complete
→ Cause for delay
→ Claims arising
→ Information received since last meeting
→ Information and drawings required
→ Instructions required
→ Clerk of Work's report
→ Consultant's report
→ QS's report
→ Health & Safety matters
69
Q

How and when is the contractor paid?

A

Interim Payment Certificates issued at no less than 4 weekly intervals or at agreed work stages

70
Q

Does the QS visit the site?

A

Yes:

Measuring works / valuing materials on site at intervals and also for the final valuation

71
Q

List types of certificates?

A

→ Interim Payment Certificate
→ Penultimate Certificate (JCLI/JCT)
→ Final Account & Final Payment Certificate

72
Q

Interim Payment Certificates?

A

CA to certify progress payments at not less than 4 weekly stages or as stated in contract/drawdown

73
Q

What is the penultimate certificate?

A

The payment certificate issued after Practical Completion but before Final Certificate.
Issued no later than 14 days after PC/handover
Includes 97.5% of the contract sum adjusted for variations, prime cost and provisional sum (i.e. the remaining balance less half the retention sum)

Might have been renamed by JCT

74
Q

Final Account & Final Payment Certificate

A

all works certified (3months after PC/as contract)
QS and contractor agree Final Account
Covers balance due/all outstanding monies
Final half of the retention released
Ensure CDM H&S file received
Client can no longer bring proceedings for Patent Defects

75
Q

What is Practical Completion and what is its purpose?

A

PC = when the site is able to function for its intended purpose i.e. it is complete - WORK IS COMPLETE AND FIT FOR PURPOSE

Purpose =
All parties know that works are completed
Contractor no longer has to have insurance for the site - handed back to the client
Half of the retention money can be released to the contractor, and they can apply for the return of their bond
Defects Rectification Period begins (12 months)

76
Q

What is the difference between the defects rectification period and the maintenance period?

A

The two often run concurrently but are not related.

→Defects rectification period =12 months after PC in which the contractor is liable for defects and must make them good at his own cost.

→ Maintenance period = usually 12 months but can be different if specified in contract. Usually a back-to-back contract with the construction contractor (but can be let as a separate contract, not recommended) in which the contractor undertakes specified maintenance items and is paid for his work.

77
Q

Explain the procedures, significance and relationship between practical completion, maintenance and final completion.

A

→ Practical Completion – issued as a certificate by the Contract Administrator upon the site reaching a state where it can function to it’s original purpose. This incurs the defects rectification period.

→ Maintenance Period – set out in contract and follows PC. Maintenance items are specified and contractor is paid for his work.

→ Final Certificate / Completion –at the end of the defects rectification period (12 months). CA must issue a final certificate within 3 months of receiving all the necessary documentation.

78
Q

Is the practical completion certificate a pro forma?

A

With most contracts, yes.

ICE (Institute of Civil Engineers) contracts issue a letter.

79
Q

What are retention monies?

A

For each Interim Payment Certificate, 5% is withheld as retention monies. The contractor receives half of the retention money back after PC and the remaining half after FC/at end of defects liability period.

80
Q

What are liquidated damages?

A

→ Attempt to compensate the non-breaching party - not a penalty
→ an assessed pre-determined ‘pre-estimate’ sum of money paid by the contractor if fails to perform
→ written into contract documents / no need to prove actual loss
→ Based on assessment of loss due to non-trading or non-use i.e. loss of revenue
→ triggered with issue of Certificate of Non-Completion
→ Liquidated = failure to operate
→ Ascertained = specific failure, an exact amount e.g. car parking spaces at daily rate

81
Q

How can a contract be extended?

A

The contractor can apply to the contract administrator for an extension of time e.g. force majeure

82
Q

Under what circumstances would it be legitimate for the contractor to request an extension of time?

A 
→ Under exceptional circumstances which are out of the control of the contractor e.g.:
→ Architects variations /instructions
→ Deferred possession
→ Approximate quantities (inaccurate)
→ Suspension by the contractor
→ Default / omission by the consultant
→ Delay by statutory undertaker
→ Exceptionally adverse weather conditions
→ Specified perils
→ Terrorism
→ Strikes
→ Exercise of statutory powers bythe UK Government
→ Force majeure
83
Q

If a foundation you want to inspect was covered up by the contractor, what options are open to you?

A

If you do not inspect the foundation and then a subsequent latent defect is discovered as a result, you are liable for professional negligence. Therefore, you are entitled and advised to insist that the foundation is uncovered for inspection.

84
Q

How can a contractor terminate a contract?

A

Default by the client = failure to pay, interferes with or obstructs the issue of any certificate, fails to comply with CDM Regs

Contractor may give notice to the employer specifying the default

If works are suspended due to an instruction longer than one month, or if something occurs due to the employer / CA being negligent, the contractor can give notice to the client.

If specified fault continues for 7 days from receipt of the notice, they may, within 10 days, by further notice, terminate their employment.

85
Q

Explain the role of the LA under a design and build contract

A

Typically the LA will be employed by the client in the design and tendering phase. There is the option at the point of contract for the LA to transfer their Duty of Care & Responsibilities to the Contractor – NOVATION.

At this point the role incorporates the following:

Prepare the design & spec in accordance with the employer’s requirements and specimen designs

Advise client (contractor) with regard to design decisions

Involvement at all work stages to ensure a good standard of end product and value for money

86
Q

How often would a landscape architect visit the site?

A

Pre-agreed at Pre-Start Meeting

Usually monthly or at key construction stages

87
Q

How do you calculate progress payments?

A

QS undertakes site valuation and measures the value of the works so far in relation to the Bill of Quantities and Programme. They also measure any materials on-site, add or minus any variations minus retention monies.

The CA issues this information on a standard form to the contractor and copies it to the client and the QS.

88
Q

What is key legislation governing contract law?

A
  • Housing Grants, Construction and Regeneration Act 1996 : Payments and Dispute resolution
  • Scheme for Construction Contracts Regulations
  • Latent Damages Act 1986
  • Limitation Act 1980
  • Contracts (Rights of 3.Parties) Act 1999 : in absence of collateral warranty
  • The Construction (Design and Management) Regulations 2015
89
Q

What are the typical contract clauses?

A
  • Definitions and Interpretations
  • carrying out the works
  • control of the works
  • payment
  • Injury, damage and insurance
  • termination
  • Settlement of Disputes
90
Q

Role & Responsibilities of QS?

A

PRE-CONTRACT PERIOD:

Feasibility Estimates
Cost management
Assistance setting brief and contract value
Preparing BoQ
Preparing pre-tender estimates (PTE)
Checking Tenders
Producing tender report
amending or negotiating with tenderers

POST-CONTRACT PERIOD

Measuring the works
Preparing the valuations
REvisions of BoQ
Estimates of additional work
Monthly cost reports
Agreeing final account
91
Q

Role & Responsibilities of COW? (:D)

A 
engaged by client or LA
notify of errors in contract documents
Inspect materials / workmanship
verbal instructions
daily diary / weekly reports
attend site progress meetings
observe heath and safety requirements
measure / inspect buried works
92
Q

Role & Responsibilities of ECOW?

A

Compliance monitoring and advice provision
Ecological ears and eyes of LPA/statutory agencies
facilitates development

93
Q

Role & Responsibilities of main contractor?

A

carrying out and completing the work in accordance with contract documents
providing materials, goods and workmanship
complying with statutory requirements
complies with instructions and variations
prepares and manages programme
co-ordinating the works of all sub-contractors and suppliers

94
Q

Construction timeline

A 
Pre-start meeting
mobilisation period
Date of possession
Construction phase
Site inspections/ progress meetings / valuations
Handover (PC)
Rectification (Defects Liability) Period / Maintenance period
ENd of Defects
95
Q

PC check?

A

IS THE WORK SUFFICIENTLY COMPLETE TO BE SAFELY USED FOR THE PURPOSE FOR WHICH IT WAS DESIGNED?

YES:&raquo_space;> ISSUE PC

Works are contractually complete
Building control sign off
Insurance reverts back to clien contractor applies for release of bond
contractor applies for half retention money
period of final measurement may start
list of defects issued with certificate -snagging
Rectification period starts/Maintenance

YES: PARTS&raquo_space;> ISSUE Certificate of Partial completion

Client can take ownership of substantial part of works e.g outstanding planting during correct season

NO:&raquo_space;> ISSUE CERTIFICATE OF NON-COMPLETION

Issued if the contractor has not met agreed completion date
triggers liquidated damages claim

96
Q

Latent defects?

A

= after the end of the defects period the client and/or user do not have contractual right to insist that the contractor rectifies defective work

they must seek redress in cation for damages, breach of contract or negilence
6 years
12years under seal
and never more than 15y
Latent damages Act: have to claimed within 3 years of damage arising

97
Q

Name the forms of certifications that a LA/Contract Administrator may be required to issue.

A

1) Landscape Architects / Contractors Instructions
2) Interim Payment Certificate(s)
3) Payless Notice(s) (Type 1)
4) Payless Notice(s) (Type 2)
5) Certificate of Practical Completion
6) Certificate of Making Good
7) Final Certificate

98
Q

The NEC offers 6 main options:

New Engineering Contract

A

1) Priced contract with actvity schedules
2) Priced contract with bill of quantities
3) Target contract with activity schedules
4) Target contract with bills of quantities
5) Cost reimbursable contract
6) Management contract

99
Q

What are the four types of JCLI Contract?

A

1) Landscape Works Contract 2012 (JCLI LWC 2012)
2) Landscape Works Contract with Contractors Design 2012 (JCLI LWCD 2012)
3) Landscape Maintenance Works Contract 2012 (JCLI LMWC 2012)
4) Homeowners Landscape Contract (Suite of contracts)

100
Q

What is a nominated subcontractor?

A

Nominated – preferred contractor nominated by the client or Landscape Architect. Incurs potential liabilities on the Client, and so is almost obsolete.

Named – Client / LA submits a list of preferred sub-contractors to the main contractor, who then makes the final selection.

101
Q

What is sometimes referred to as LAD’s?

A

Liquidated and Ascertained Damages

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