Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

NZRAB Registration Study > E - Admin & Observation of Contract Works > Flashcards

E - Admin & Observation of Contract Works Flashcards

1
Q

What are the key aspects of Contract Administration? (x7)

A 
Progress Reporting - construction, programme & budget
Compliance
Health & Safety
Conflict Resolution
Variations
Document Managemnet
Occupation & Handover
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What should you be wary of when inspecting shop drawings?

A

Do not indicate approval other than in conforming with the design concept and in principle with the specifications & drawings.
Do not use terms “check”, “approve”, verify correctness etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What might be valid reasons for an Extension of Time under 3910?

A
  • effect of any variation
  • weather
  • strike, lockout or industrial action
  • loss of damage to Contract works or materials
  • flood, volcanic or seismic events
  • circumstances not reasonably foreseable by an experienced contractor at the time of tendering and not due to the fault of the contractor
  • default by the principal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the timing for a progress claim?

A

Architect to issue schedule: 5 working days
Principal review: + 3 working days
Replacement schedule: + 2 days
Payment: 17 working days total

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the release rates for retentions?

A

SCC: 40% at practical completion
3910: 50% at practical completion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the timing for the final payment claim?

A

Architect to issue schedule: 20 working days
Principal Review: +10 working days
Replacement Schedule: +5 working days
Payment: 45 working days total

Adjudication can take place 20 days after replacement schedule.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What must payment schedules include?

A

In writing
Dated
Identify claim & sum to be certified
Show manner of calculation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How do you deal with tax invoices?

A

2 options:
1/ Architect can do as Payment schedule
2/ Contractor issues following schedule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How would you assess off site goods?

A

Inspect the materials to verify they are:

  • separated
  • identified
  • labelled
  • secure
  • of quantity claimed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is a provisional sum?

A

A work or item monetary allowance. Provides to carry out specific part of the contract works to be paid for by the contractor. Includes contractors expenses & margins.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a prime cost sum?

A

A material monetary allowance. Purchase & supply of materials to be incorporated in the contract works. Does not include cost of installation. Includes reasonable cost to cover expense and margins.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the effects of extensions of time?

A

Insurance

Material fluctuations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How long does a contractor have to claim an EOT?

A

5-10 working days, or as soon as practicable, after the delay begins.
Must be in writing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are reasons for EOTs? (x13)

A
  • consent or approval not obtained
  • unforeseeable physical conditions
  • contract works are suspended
  • loss or damage to contract works
  • variations
  • weather that interferes with progress
  • strike, lockout or industrial action
  • delayed Architect’s Direction after contractor request in writing
  • Principal delayed materials, works or services
  • separate contractors act or omission
  • death
  • significance beyond contractors control
  • work under contingency sum causes delay or requires additional time
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the dispute resolution steps & timing under NZIA SCC?

A

1/ Refer contract
2/ Dispute 20 WD - architect decision
3/ Mediation 30 WD - dispute decision
4/ Arbitration 30 WD - if mediation fails
5/ Adjudication - at any stage by agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is arbitration?

A

Contractually agreed formal dispute resolution.
Normally try mediation first
The arbitrator’s decision is binding and enforceable by a legal court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is adjudication?

A

A statutory deliberate process performed under the CCA to provide a temporary solution to encourage cashflow.
Can be undertaken at any stage by agreement. Suspends the dispute process
While the orders are only binding in the interim, they are often accepted by the parties without further legal proceedings being required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

How should you address defects in relation to practical completion?

A

More than minor defects should generally be rectified before practical completion - could be scope to defer these items.
Minor defects can be listed prior to Practical complation. but money cannot be withheld.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the defects notification period? State purpose, date, timing.

A

Minor defects & minor omissions must be fixed.
Starts on date of Practical Completion.
Normally 3 months.
Work can be deferred to this period.

20
Q

How does the defects liability period cease?

A

Contractor notifies architect that DNP has finished and defects fixed. Architect can issue Defects liability certificate.

21
Q

What is considered practical completion?

A

When the contract works are:
- able to be used for the intended purpose WITHOUT MATERIAL INCONVENIENCE
- built generally in accordance with the contract documents
- complete except for minor defect, omissions or deferred work
And warranties & information listed in specific conditions has been provided

22
Q

What are alternatives to standard retentions and rates?

A 
Bonds
Lower Rates
Flat Rate
Retentions on last payments
Increase practical completion release %age
23
Q

When is final completion achieved?

A

At the end of the defect notification period once the architect has issued a Defects liability certificate.

24
Q

What did the Building amendment act 2013 introduce?

A
  • provision for 12 month defect repair period
  • construction of $30K requires a written contract
  • operation & maintenance information at handover
25
Q

How would you assess an EOT?

A

Check if claim has been submitted in allowable timeframe?

Is the basis of the claim allowable under the the contract?

Is sufficient evidence provided to substantiate the claim?

Is the claim fair & reasonable?

Can ask to mitigate effects after claim granted by agreement. ie more resources etc.

26
Q

What happens at the end of the defects notification period.

A

Final completion.
Remaining monies released
The contractor should submit the final payment claim.

27
Q

How would you assess fluctuations under the contract?

A

Check contractor has submitted basic costs and that the items qualify under the contract. The statement must included materials affected, date of purchase, date fluctuations occurred, statement the materials were used in the contract works.
Add percentages of overheads as per C1.
Verify by independent QS unless otherwise agreed paid by contractor by adding 10% to amount.
5% to subcontractor for admin.

28
Q

What are the disadvantages of principal supply items?

A
  1. The principal may order incorrectly
  2. Additional time and input required by the architect and principal
  3. Product may not be available or may be defective

Principal has responsibility for items at all times.

29
Q

How do you resolve a provisional sum in a contract?

A

Remove from contract and place new sum.

If the sum is larger and set by the contractor you could say it should have been adequate unless there was a variation.

30
Q

What are you assessing at practical completion?

A

Built generally in accordance with the contract documents.

31
Q

Can the Architect issue a payment claim as a Tax Invoice?

A

Yes, can issue Buyer Created Tax Invoices but only if both parties are GST registered

32
Q

What is a Romalpa Clause?

A

A reservation of title
A contractual device designed to protect the supplier of goods. Under the clause the supplier gives possession of the goods to the purchaser but retains legal ownership of them until theyhave been paid for in full. The effect of the clause is that, even though the goods have been supplied to the purchaser on credit, they are still owned by the supplier.

33
Q

Under the SCC what must the architect do?

A

Act as Clients Representative
In matters of Contract act impartially
Certify claims for payment
Issue instructions to the contractor

34
Q

Can a contractor suspend work under the contract?

A

Only with relation to payment claims as per the CCA.

35
Q

Who has the copyright for the contract documentation under SCC

A

Principal

36
Q

What are categories for shop drawings stamps?

A

Satisfactory
Satisfactory subject to comments
Not satisfactory - check comments & resubmit

☐Reviewed: work may proceed.
☐Reviewed: work may proceed subject to comments. ☐Reviewed: work may proceed subject to comments but revise &resubmit for record purposes.
☐Reviewed: work may NOT proceed. Revise & resubmit.

37
Q

Do drawings or spec take precedence?

A

SCC = Drawings

38
Q

Would you undertake Site Admin without Observation?

A

Difficult to do - how do you send instructions & assess progress claims?
An architect would not normally be in this situation.

39
Q

What is the timing for the architect to respond to a contractor RFI?

A

3910: Within a reasonable time
SCC: The Architect must not improperly withhold or delay giving any Direction

40
Q

Do you need an EOT request to change the end date/programme?

A

No, you can agree to change this with the client & contractor.
Ensure parties are compensated if there are impacts of this that affects them unfairly

41
Q

What happens if the contractor goes into liquidation?

A

(WIP)
Could let to another contractor to finish job under new contract.
Site could be locked down (ie Mainzeal)
Risk if there is no guarantee (like masterbuilders)

42
Q

Can the client do early occupation?

A

Yes, but suggest sectional completion or CCC with deferred works may be required to ensure “suitable for occupation”.
At minimum need to do a defects inspection to ensure liability for damage is clear.

43
Q

How long should you keep records

A

Min 10 years, recommend 15

44
Q

Do architects offer “fitness for purpose”?

A

No, contractor does. Ie leaking roof must be fixed.

Architect offers reasonable duty of care.

45
Q

What should you check before issuing final payment?

A
  • client isnt aware of any outstanding matters that require attention
  • all known defects have been rectified
  • no new defects have emerged since you carried out your last inspection
  • the contractors have met all their obligations under the contract

NZRAB Registration Study (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions