Time Flashcards
What are the main issues in relation to time within a contract?
JCT Start - Possession of the site - Can be deferred for 6 weeks
NEC Start - Contract Date(Contract Site), start date (Contractor can start work not in relation to site) also at least 1st access date (Contractor can access site on the 1st access date)
JCT Progress - MC works regularly and diligently
Programming?
NEC Progress - Accepted programme
Completion - Sectional Completion, Practical Completion. Date for completion
Delays to Completion
JCT - EoT
NEC - CE
What is meant by the term ‘regularly and diligently’?
Regularly - Contractor must attend site on a daily basis.
Diligently - should turn up to site with sufficient resources and should apply physical capacity industriously and efficiently in order to complete by the completion date
What happens if no date for completion is inserted in contract?
f a contract does not specify a completion date, then the works should be completed within a reasonable time, although it is unlikely that such an ambiguous arrangement would allow the client to deduct liquidated and ascertained damages
What is the difference between sectional completion and partial possession? Does NEC4 have
similar provisions?
Partial possessions (Reactive) - When client sees opportunity to start using part of the building before the whole of the works are completion NEC - No Partial Possession
Sectional Completion (Planned) - Obligation to meet a specific date - Phased completion X5 - Sectional Completion - Secondary Clause
What are the effects of a practical completion certificate (JCT SBC16) explaining the meaning /
consequence of each one?
Releasing half of the retention - Half of retention moneys paid cannot be claimed back
Ending the contractor’s liability for liquidated damages - As completion is signed off no longer susceptible to liquidated damages
Signifying the beginning of the defects liability period - Usually 12 months from this date - Contractor liable for wear and tear
Define the term Practical Completion.
There is no absolute definition of practical completion and case law is very complex.
Whether it can be certified where there are very minor (de minimis) items ‘not affecting beneficial occupancy’ that remain incomplete. Can always seek to find a defect to prevent ‘practical completion’
What significance does a programme have under NEC4? What are the sanctions available if an
accepted programme is not submitted?
Accepted programme is important as it stipulates the planned date for completion and all CE’s are assessed using the accepted programme
Sanctions - 25% of the IV if the Main Contractor does not issue a programme that has been accepted
Why do we have extension of time mechanisms in building contracts?
Eot? To allow changes, variations, Instructions. Rare to have a building without changes in the construction period
What is the difference between the Date for Completion and the Completion Date?(JCT)
Date for completion = Stated in the contract and is fixed
Completion Date = Any other date fixed by the CA EoT’s
What is a time risk allowance (TRA)? What is the difference between TRA, terminal float and
activity float?
TRA is the amount of time allowed by the contractor in programming activities to allow for the risk of delay should problems arise
Terminal float: The difference between a contractor’s planned completion date and the completion date set in the contract.
Activity/Total float: The time an activity can be delayed from its early start date without delaying the planned completion date.
Who does this float time belong to in JCT SBC 16 and why? Who does this float time belong to in
NEC4 and why?
TRA JCT - Not a term in JCT NEC - Main Contractor
Activity Float JCT & NEC the delay time belongs to the project so whoever needs it first. Client may cause delay MC may cause delay
Terminal Float JCT - The terminal float belongs to the project NEC - planned completion date delayed so CE - belongs to MC
What is the difference between terminal float and activity float? Who does this belong to in JCT16
and NEC4 and why?
Terminal float: The difference between a contractor’s planned completion date and the completion date set in the contract.
Activity/Total float: The time an activity can be delayed from its early start date without delaying the planned completion date.
Activity Float JCT & NEC the delay time belongs to the project so whoever needs it first. Client may cause delay MC may cause delay
Terminal Float
JCT - The terminal float belongs to the project NEC - planned completion date delayed so CE - belongs to MC
If the MC does not complete by the completion date, what must the CA do? Why?
CA must access the situation and issue a non completion cert. Time is of the essence
