CPD Questions Flashcards
What does the JCT D&B say about safety?
- That all works shall be undertaken in line with all relevant health and safety laws
- Supplementary Provision 2
- Non-compliance is grounds for termination.
What common JCT D&B amendments are there?
- DLP from 6 months to 12 months
- Puts full responsibility on to Contractor for verifying the ER’s. Otherwise, errors and ambiguities are Employer’s responsibility.
- Risk of adequacy of Employer’s design usually transferred to Contractor
What does JCT say about BIM?
- Compliance with ERs
- Supplemental Provision regarding BIM
What does NEC Say about safety?
- As per the Scope
- Must show provision on programme
- Grounds for Termination
What bonds can be used in JCT2106?
- Advance payment Bond
- Retention Bond
- Performance Bond
What bonds are there under NEC?
- Performance Bond X13
- Advance Payment Bond (Advance Payment to Contractor) X14
- Retention Bond now optional under X16
- (also PCG)
What secondary option changes were there in NEC4?
- X22 - ECI
- X10 - BIM (information execution plan)
- X15 - Design Liability - Reasonable skill and care and must take out PII
- X11 - Termination by the Client for any reason (did exist in NEC3 core clauses though)
What can the EA not do under JCT?
- Give possession of the site
- Make payments
- Deduct damages
What are the principles of GDPR? What is the mnemonic?
PASDALS
Purpose limitation Accuracy Storage limitation Data minimalization Accountability Lawfulness, fairness, and transparency Security
Can you tell me some of the important JCT D&B clauses?
- Complete the Works in a proper and workmanlike manner
- Proceed regularly and diligently
- Relevant Events and Matters
- Partial Possession
- Discrepancies and Divergences
- Adequacy of design - often amended to transfer complete design liability to Contractor
Are you aware of any cases relating to adequacy of design?
- Henry Boot vs. Co-Operative Insurance
- Judge found Boot responsible for taking outline design and making it work in the detail phase
What is Loss and Expense in JCT and how is it dealt with?
- Loss and Expense incurred by Contractor due to being materially prevented in their works by Employer.
- Notify employer ASAP and continue to update if the L&E continues
- Employer ascertains amount due and notifies contractor after each update
- Contractor paid through normal payment mechanisms
What is the payment process in JCTDB16?
- Interim Application to be made before interim valuation 7 days before due date
- Due date
- (Interim Certificate) Payment notice 5 days after due date (by law)
- 14 days to final date for payment
- No less than 7 days prior to FDP a pay less notice can be issued
- Only the Due Date 5 day period is held in statute
What is the payment process under NEC?
- Interim Application to be made before Assessment date - 7 days before due date
- Due date
- (Interim Certificate) Payment notice 5 days after due date (by law)
- 14 days to final date for payment
- No less than 7 days prior to FDP a pay less notice can be issued
- Only the Due Date 5 day period is held in statute
What is defined cost?
- Costs that are payable to the Contractor under NEC
- Set out in the schedule of cost components
