The management of construction Flashcards
Briefly explain the differences between section completion and partial possession
If the employer wishes the works to be completed according to a particular timetable, sectional completion, which is designed for this purpose, should be used and the appropriate parts of the contract particulars should e completed which impose contractual obligations.
In the event of a sectional completion supplement not being completed the alternative would be to consider partial possession. The purpose of the partial possession clause is to enable the employer, with the consent of the contractor, to take possession of any part or parts of the works before practical completion of the whole of the works. Note that the employer cannot take possession without the contractor’s consent (the contractor is in possession of the site), but the contractor may not refuse such consent unreasonably
Name four types of dispute resolution and briefly describe the appropriate use of two
Negotiation - the most common form of dispute resolution, where the parties themselves attempt to resolve the dispute
Mediation - a private and structured form of negotiation assisted by a third party that is initially non-binding. If settlement is reached it can become a legally binding contract
Conciliation - as mediation, but a conciliator can propose a solution
Adjudication - an expert is instructed to rule on a technical issue - primarily used in construction disputes as set out in the Housing Grants, Construction and Regeneration Act 1996 where awards are binding on the parties at least on an interim basis - ie until a further process is invoked
Arbitration - a formal, private and binding process where the dispute is resolved by the decision of a nominated third party, the arbitrator or arbitrators
Litigation - the formal process whereby claims are taken through the civil courts and conducted in public. The judgements are binding on parties subject to rights of appeal
What is a collateral warranty and under what circumstances could an architect be required to enter into a such a contract?
A collateral warranty is a form of contract which runs alongside and is usually supplemental to another contract. Usually, a collateral warranty creates a contractual relationship between two parties where none would otherwise exist. It takes the form of a contract between the part to the underlying contract that is providing services or carrying out work and a third party who has an interest in the proper performance of that contract.
Architects may be required to enter into a collateral warranty in favour of a funder, tenant or prospective purchase when engaged by the Employer or in favour of the Employer when engaged by the contractor.
You have been appointed as architects for a replacement canteen and kitchen at a local primary school (£450,000), the original building having been condemned and closed. The school is currently offering a limited school dinner service within the school hall. Recommend a suitable building contract/s to ensure that the new facilitates are procured asap.
Could split the works with a separate demolition contract and then a JCT IC2016 or ICD2016
A project is being procured under a JCT SBC16 contract. The contractor has failed to complete the project by the contractual completion date and has not been granted an extension of time - what action must you take?
The contract administrator must issue a Non-completion certificate
Where the contractor is responsible for the delay, the client may be entitled to claim liquidated and ascertained damages (at a rate set out in the contract particulars).
Some contracts (such as the JCT Standard Form of Building Contract), require that the contract administrator issues the contractor with a certificate of non-completion (sometimes referred to as a ‘non-completion certificate’ or ‘non-completion notice’) as a prerequisite to claiming liquidated and ascertained damages.
The certificate of non-completion gives formal written notice to the contractor that they have failed to complete the works described in the contract by the completion date that was last agreed (the original completion date may have been adjusted during the course of the works).
Where the contract provides for sectional completion of the works, separate certificates of non-completion must be issued for each section that is not completed by the required date.
You have been asked to chair a site meeting in the absence of the project architect - prepare an agenda to cover al issue you consider to be relevant.
a - Record of those attending b - Acceptance of previous minutes c - Items arising from previous minutes d - Progress related to programme e - Information required by the contractor f - Information required by consultants g - Subcontracts h - Health and safety i - Financial review j - Date of next meeting
Two years after completion of a project a serious roof leak has occurred due to defective workmanship. What liability is there on the part of the contractor to correct this and under what legislation?
Limitations Act - 6years under hand and 12years under deed
Latent Damage Act - 3years from discovery to a max. of 15years
State four objectives of Partnering
a - reliable product quality - eg zero defects or reduced reworking b - completion on time c - cost reduction d - shared problem solving e - improved efficiency f - improved profits g - shared savings h - long term relationships
The employer has contested the value of the latest interim certificate. What action must he take in order that he is not in breach of the JCT SBC16?
No later than 5 days after the certificate has been issued the Employer must give written notice to the contractor stating the amount he intends to pay and to what the amount relates and the basis upon which it has been calculated.
What is the contractural status of:
a - an information-release schedule
b - a contractor’s programme
a - an information-release schedule
If an Information Release schedule is provided the Architect must, subject only to any subsequent agreement to the contrary or any act or default of the Contractor, issue the specified information to the Contractor in accordance with that schedule
b - a contractor’s programme
The contractor’s programme (Master Programme) should under clause 2.9.1.2 be provided asap after the execution of the contract. It is NOT a contract document
You have been asked to prepare a generic agenda for site meetings. List the items you consider essential.
1 - Apologies for absence
2 - Minutes of previous meeting
3 - Matters arising
4 - Main contractor's report on progress
5 - Programme
6 - Consultants reports
7 - Site issues
8 - Labour position
9 - Information required
10 - Materials supply position
11 - Clerk of work's duties and report
12 - Sub-contractors, suppliers and utilities companies
a) electrical services
b) Mechanical services
13 - Cost control and other QS matters
14 - Instructions and variations
15 - Health and Safety
a) Adherence to H&S plan
b) Monitoring checklists complete
c) Welfare facilities
d) General comments
17 - Any other business
18 - Date of next meeting and subsequent dates to be agreedList of the insurances that are both mandatory and optional within the JCT SBC16 contract
Joint Contracts Tribunal (JCT) Clause 6.5.1 of the Standard Building Contract and Minor Works Contract places a requirement on the contractor to organise insurance both for themselves and the client. This insurance provides cover should there be damage to a neighbouring property due to the works that are carried out, and the cause of which is not the result of negligence.
NB The insurance terms of JCT 2016 are found in Clause 6 and Schedule 3. There are five main types of insurance that may be required:
o - Employers’ liability insurance – which protects against Employers’ liability for injury of employees arising in connection with their employment (clauses 6.1 – 6.4 JCT 2016).
o - Insurance against non-negligent withdrawal of support – which covers potential structural damage to neighbouring property caused by the withdrawal of support (clause 6.5).
o - Insurance of the works and of existing structures – which covers physical damage to the works, site materials and existing structures (if there are any) (clauses 6.7 to 6.11 and Schedule 3 JCT 2016) – discussed in detail below.
o - Public liability insurance – which covers liability arising from death or personal injury to, or damage to property belonging to, third parties (clauses 6.1 – 6.4 JCT 2016).
o - Professional indemnity insurance – which insures against liability arising from professional negligence. Architects, engineers and other professional consultants that owe a design responsibility to the Employer are usually required to maintain such insurance (clauses 6.15 and 6.16 JCT 2016).
