South Dock Marina

Question 1

Why was the JCT Intermediate used for this project?

Answer 1

Contract sum: Less than £1M (£840,406.88).
Duration: Less than a year (10 months).
Client’s design control:
Client desired control of the design process.
Produced their own technical reports by KGAL Consulting Engineers.
Identified sections of the works to be further developed.
Highly technical employer’s requirements:
Technical specifications for CDP items included in tender documents.
Contractor to further develop specified sections of the works.
No rush to start site works:
No immediate urgency to commence construction.
Firm cost requirement:
Client sought a firm cost before the commencement of works

Question 2

What were the CDP items?

Answer 2

Sea Lock and Bridge Controls:
Refurbishment or replacement of the existing control system.
Hydraulic Purchase Specification:
Detailed specification for hydraulic system procurement.
Dock Gate Refurbishment Procurement Specification:
Detailed requirements for refurbishing dock gates.
Lock Gate Refurbishment:
Includes measured works and CDP items such as fittings.

Question 3

What sort of ‘contract procedures’ are there for this contract?

Answer 3

Ref Contract Mechanisms Deck

Question 4

What is the procedure for ‘performing interim valuations’?

Answer 4

Ref Contract Mechanisms Deck

Question 5

What is the procedure for ‘agreeing the final account’?

Answer 5

Ref Contract Mechanisms Deck

Question 6

What was the procedure for variations?

Answer 6

Ref Contract Mechanisms Deck

Question 7

What is the ‘change control procedure’?

Answer 7

Ref Contract Mechanisms Deck

Question 8

How do you ‘issue interim valuations’?

Answer 8

Ref Contract Mechanisms Deck

Question 9

Why 5% Retention?

Answer 9

Standard JCT %.

Question 10

What is the ‘Final Account’?

Answer 10

Variations - £259,546.41 (less EoT £7,715.90);
PSUMs (Ground Condition Survey £12,000 to £10,884.50; Cathodic Protection £10,000 to £9,823.20);
Contingency Sum of £20,000;
Final Account figure therefore: £1,057,953.29.

Question 11

What needed to be negotiated and what was the result?

Answer 11

Aside from tyical agreement of variations (quotes; contract rates, etc), there was an issue with …….???

Question 12

Is agreeing the Final Account only when Practical Completion has been achieved the most appropriate time to agree the account?

Answer 12

Yes. Ref other Flashcard Decks

Question 13

Why were works ‘progressing slowly’?

Answer 13

Highly technical works.
Limited subcontractor availability for certain portions of the works.
Rescheduling of the programme due to subcontractor unavailability.
Use of provisional sums for undefined works, such as refurbishment of lock gates.
Surveys required to identify the full extent of works for provisional sum items.

Question 14

Why exactly did the client ‘need to take back control’?

Answer 14

Facilitities that needed to be taken back into control were the gates and hydraulic systems for boat access and pedestrian bridges.
Partial Completion granted for certified completion of specified areas.
Partial Completion allowed client to take management and control, activate insurance, and operate the site.
Contractor could return to complete remaining works when subcontractors were available.
Remaining works included electronic controls and lock gate refurbishment.
Operational status achieved manually, electronic control and lack gate refurbishment required.
Full Practical Completion withheld due to incomplete works, H&S and O&M documentation.

Question 15

Couldn’t the public use the site whilst it was still under the control of the contractor?

Answer 15

Refer to other flashcard deck (more thought out answer than below)

Contractor responsible for public safety if they retain control of the site.
Client assumes responsibility for public safety if they take back control of part of the site.
Responsible party typically insures the site against risks like fire, theft, and vandalism.
Client may need to arrange insurance for areas they control, unless otherwise specified in the contract.
Contractor may adjust insurance coverage to reflect reduced responsibilities if client takes back control.

Question 16

PC without H&S file and O&M manuals completed

Answer 16

Yes, although refer to flashcard in other Deck

Question 17

What ‘facilities’ did the public need to use to make use of the site?

Answer 17

Refer to earlier flashcard

Question 18

How do you know the works were ‘highly specialist’?

Answer 18

Highly technical tender documentation; difficulty in sourcing tenderers for the works.

Question 19

How do you know ‘other contractors were not available’?

Answer 19

Tenderers would be the sub-contractors that the main contractor was trying to source without any success despite additional help from the client’s knowledgeable harbour master.

Question 20

What were the remaining works?

Answer 20

Refer to earlier flashcard

Question 21

What works were Partially Possessed?

Answer 21

The whole site

Question 22

If contractor possesses the whole site is this partial possession?

Answer 22

Overall, partial possession can be a practical solution in construction projects where phased occupancy or use of the site is necessary

Question 23

How did you arrive at the advice of proposing Partial Possession?

Answer 23

Works not complete for ‘full’ beneficial use but client needed to operate freely the system and site.

Partial possession allows the client to take control of designated areas of the site while construction works are ongoing, enabling them to commence activities such as fit-out, installation of equipment, or preparation for occupancy.

Question 24

Did you advise anything else in relation to Partial Possesion (eg Insurance, Retention, etc)?

Answer 24

Refer to other flashcard Deck

Question 25

So the ‘hydraulic refurbishments’ and ‘control systems’ were not needed in order for the public to use the site?

Answer 25

Manual control not full beneficial use

Question 26

What sort of works (outstanding works) were these?
What did they involve, and how did these works ‘proceed’ whilst the public were using the adjacent site?
insurance relinquished by client and cover required again by Contractor?

Answer 26

Controls: Programming software, installing, and configuring control panels with gate and lock mechanisms.
Hydraulic Refurbishment: Includes Dock Gate refurbishment and replacement of worn fittings.

Main Contractor’s Timeframe: Allows time to source subcontractors for controls and hydraulics.
Limited Site Access: During hydraulic refurbishment (and controls), the contractor’s site access would be restricted for a period.

No. For example, in the case of the Rectification Period - a client will have control of all the site, have insurance in place, and the contractor allowed access to carry out works.

Question 27

As the works had progressed slowly, was the Completion Date achieved?
If not, was there any claim for an EoT/L&E or were LADs imposed?
Why were LADs not imposed?

Answer 27

No.

An EoT of 5 weeks and LAD of circa £8k was granted mid way through the project, however the revised completion date was not achieved triggering an issue of a Non-Completion Certificate. The client decided not to impose any LADs £1,500/week either for non completion of the whole works or partial LADs for the remaining works.

During the works, the client, contractor, and myself formed a close and collaborative working relationship. An agreement was reached during the project, (following recognition of delay and difficulty in procuring subcontractors to do the works), that imposition of LAD would be waived in the interests of maintaining a good working relationship, keeping the contractor on side, and managing difficulties together.

Question 28

So ‘manual controls’ were sufficient to operate the site temporarily - how did this work?

Answer 28

The locks and gates could be operated manually by Harbour staff attending to the lock and manually turning mechanical opening and closing mechanisms.

Question 29

Was there any conflict between operation of the site and the remaining works to be carried out?

Answer 29

Electronic control systems no conflict (but inconvenient) The hydraulic repairs required the locks to be out of operation intermittently for a 2 week period.