NZIA Lectures - E Flashcards
1
Q
Administration and Observation Outcomes
A
- To provide contract administration for the construction and completion of a project
- To provide and compile documentation for effective occupation of the project and a future reference source
2
Q
Admin and Obs Performance Indicators:
A
- Administrative processes are established and maintained for a stanadard construction contract
- Construction progress is systematically monitored and compliance with teh contract provisions and budget ensured
- Progress claims, variations and extensions of time are evaluated and certified
- Problems and uncertainties and resolved and advice provided
- A mechanism is established for regular progress reporting to the client on variations to the program, budget and quality.
- Defects are identified and rectification by the contractor is monitored
- Compliance with contract documents and requirements of regulatory authorities is verified at the completion of the contract
- Handover advice and as-built records are provided
- Project maintenance and operation manuals as required by the contract are assembled
- Ethical practices are followed
3
Q
Administration - Site Establishment
A
- What does the contract say in terms of
- Possession date, insurances, bonds and programme
- Health and Safety In Design
- Workshop - doing a H&S workshop may be good
- Resource Consent and Building Consent Conditions
4
Q
Admin - Contract
A
- Whatever the contract, the contractor and principal has number of conditions
- Contract describes what you are to do and when to do it by
- Contractor prior to possession date must confirm the insuaces are in place before starting
- Similar if principal is taking out insurance.
- Bonds - if the conditions say that a bond has to be paid to the principal by the contractors. If bond isnt provided by due date the principal isnt required to pay until bond delivered
- A number of things have to be met, as per what the contract states, before starting on iste
- Therefore it is important that you know what these conditions are and who is to discharge them
5
Q
Procedures and Records
A
- It is important to keep minutes from all site meetings
- Typically done by contractor
- It is important you record your observations whilst on site - from health and safety violations to defective work
- Good practice to talk to the contractors prior to leaving site what the defective work was
- Track what drawings have been issued and when, particularly when you go on site.
- Good practice is to always bring latest drawing set to site.
- Avoid issuing drawings while the works are underway, but sometimes impossible to avoid
- Sketching is often seen as clarifying existing drawings whereas revit drawings are seen as changes - this may allow the contractor to extension of time claims
- Important that you can retrieve drawings and emails quickly. - Save all the sent and received documents! (as you did at SGA!)
6
Q
Shop Drawing
A
- Some contractors issue shop drawings
- Because they require additional dimension and details to procure and manufacture details, than what is shown in the architectural package
- On some larger jobs it’s not uncommon to check 500-1000 shop drawings
- On these larger jobs you can ask the contractor to issue shop drawing programmes to avoid number of packages with similar return dates
- Try to have consistent supply of shop drawings rather than being issued multiple packages on same day
- Shop drawing response time is typically 10 days - but can be quicker by negotiation with contractor
- The architect does not approve shop drawings but only reviews shop drawings
- The stamp clarifies does in the review (see below)
7
Q
Substitutions
A
- Contractor or subby might try to substitute a product
- Typically to save money
- Be careful of substituting as architects have selected a certain product for a reason - is the substitution inferior product?
- Depending of the substitution an BC amended may be required - who will pay for this? And also who will reimburse the architect for the time taken to assess this and prep of amended BC?
- In talking into consolidation of these costs is the substitution worth it?
8
Q
Request for Information (RFI)
A
- Respond within the required time frame (typically 5 or 10 working days)
- Shorter the better!
- Sometimes a contractor require response less than this
- Each practice has a different form and system to respond to RFIs
- Sequesqual numbers
- Clear response
- Variation
- A, B, C , D - cataloguing
- Change order process - if the change attracts cost then the change might need to be approved before the RFI can be responded to. If this is the case then it may take longer that 5-10 days
- Copy to interested parties (CC in everyone. Madumal show in the Architects direction)
9
Q
Contract Instructions
A
- Only the engineer (engineer to the contract?) the engineer’s representative can instruct the contractor
- Some contractors are happy to act on an RFI from an architect, others will not
- If the contractor will not, then contract instruction will a need to accompany the RFI
- Some contractors wont act on an RFI response, even if the response is confirming the contents of the drawing, without a contract instruction.
- It is important to discuss at the beginning to how the project is to be structure - that everyone is in agreement and everyone follows this agreeance.
10
Q
Variations
A
- Under NZS3910, a variation is:
- Increases or decrease the quality of work
- Omit any work
- Change the character or quality of any of any Material or work
- Require additional work to be done
- Change the level, linen position or dimensions of any part of the Contract Works
- Can attract both additional cost and time
- Engineer is entitled to issue a variation and contractor have to comply
- Once Practical Completion has been award the Engineer cannot issue variation without consent of contractor
- At times site instructions can be followed up with an AD when you get back into the office
- If AD is not issued, or if the contractor deems this a variation, the contractor has one month to give written notice to the engineer.
- Depending on the varation, it can be priced bt the QS and instructed by the Architect or engineer beforehand
- Alternatively issued to directly to contractor to price, and then submit to the principal for approval prior to going ahead
11
Q
Admin - Resource vs Building Consent
A
- In theory the building should match the RC and BC drawings
- Some subtle changes be made however rare that the changes are profound
- If changes are due to the Principal the revised scheme must be submitted for another RC, and an amended BC.
- Once the building has been completed someone from the council checks for compliance with BC and RC drawings and conditions.
12
Q
Extensions of Time
A
- Extension of time is determined by what is written in the contract
- Although witten contractor not automatically entitled to extension of time if events described in contract occurs
- The contract lists the process that has to occur to get extension of time. For example contractor must notify the engineer and state the grounds for the extension
- The notice must be within 20 working days or as far as practicable
- The notice must state the number of days the contractor is applying for
- The engineer then has 20 working days to notify contractor of their decision
- Check the wording in the contract as this may vary!
13
Q
Role of the Engineer
A
- Expert advisor too and representative of the Principal, giving directions to the contractor on behalf of the principal, acting as agent of the Principal (payment)
- Independently of either contracting party, to fairly and impartially make the decisions entrusted under the contract, to value the work, and to issue certificates
- In NZS3910 and SSC an Engineer is someone as the architects representative
- Must be a natural person, not a company or other entity
- Must act in the best interest of the principal
- Authorized to legally bind the principal
- Engineer acts as expert advisor and representative of the principal
- E.g When engineer receives Payment claims and issues progress schedules - this is done as their capacity as the principles agent
- Payment claims and schedules may be received and issued by engineer as the principal agent but this is a distinctive function from those claims and schedules being assessed by the engineer
- Engineer must be an impartial administrator
- Same standard applies when making decisions - variation, extensions of time etc.
- However it is not hard to imagine scenarios when this can be difficult for the engineer “Dual Role” - being fair to both the Principal and contractor
14
Q
Liquidated Damages (LD’s)
A
- If liquidated damages are to be applied, a monetary figure will be inserted to the Contract Particulars. This figure must be a genuine pre-estimate of the actual losses incurred and not a figure that acts as a form of punishment for late completion.
- In the event that the contractor breaches the contract, a value can be payable to the Principal
- Usually when builder fails achieve practical completion by the date stated in the contract
- Oten calculated on a daily and weekly rate
- Not a penalty but an agreed figure set at the time of the entering contract, based on the actual loss the client is likely to suffer if failure to meet completion date. Ie rent, removal ost, running cost
- Important that the method of calculation is precisely and formally documented
- Can range from serval 100 dollar to 100000 oer week
15
Q
Wellbeing
A
- Important to make sure less workplace accidents and safe envionemnt
- In 2018 8 people lost lives and 37000 injuries
- More suffer from cancer and other condiitonsn because of checmicals etc
- Or heart conditions due to stress
- High demands and business istanbility can lead to poor mental health and suicide
- In NZ 6.9% of men who commit suicide and from the constrcution industry. This is the highest of any industry
- Industry is creating tools - Worksafe has created resources that can help
- THese tools are not just for people on site but includes consultants
- Respect each other and trust!
