Time NEC4 Flashcards
What significance does a programme have under JCT and NEC4? What are the sanction if a programme is not submitted?
NEC4 - is the contractor does not submit and accepted programme then the PM will have to take over the programme process. Contract cannot be properly administered. Compensation events assessment is taken out of the hands of the contractor altogether.
JCT - master programme is required but not obliged to stick to it. If one is not included then there could be issues with claiming EOT.
What dates are included within NEC4 that enable the work to commence, how does this compare to JCT?
NEC - starter date, access date (different parts of the site)
JCT - just has start date
The NEC4 contract details key dates within the contract, what are these dates provide examples?
start date - when the works actually begin
access date - when contractor has access to the site
planned completion date
completion date
Key date is the date by which a related condition is required to be achieved.
What is a time risk allowance? What is the difference between TRA, terminal float and activity float?
TRA- the time a contractor has for programming activities whilst including the risk of delays e.g. poor weather.
Terminal float - difference between contractors planned completion date and the completion date set in the contract.
Activity float - time an activity can be delayed without delay the overall planned completion date.
Who does this float time belong to in JCT SBC 16 and why? Who does it belong to in NEC4 and why?
NEC4 requires contractor to show float, its the contractors risk so float belongs to them. Contractor owns the terminal float as this is not taken into account when assessing for EOT.
Project owns the activity float.
Contractor owns TRA.
JCT - more of a case of who gets the float first. E.g. if the employer issues a variation which then means an activity uses the float, if contractor then causes delay to that activity , the contractor is likely to move into culpable delay which means the employer has the benefit of the float.
When would the contractor need to submit method statements? Why is this the case?
A method statement would need to be written before the works begin and after a risk assessment has been carried out. Method statement will identify any hazards identified in the risk assessment and explains how they can be controlled.
When should the programme be revised/updated and submitted for acceptance by the PM under NEC4?
The programme should show the true reality of the remaining works and when they will be carried out. Therefore, it is important for a programme to be updated everytime the dates do not ring true - as often as possible.
Under JCT SBC16 the CA/Arch will issue a practical completion certificate to signify the works are complete. How this this differ under NEC4?
NEC4 refers to it as ‘completion’.
If works are carried out sectionally, then a completion certificate would need to be released for each section.
How are claims for additional time by the contractor assessed under NEC4?
Delays to completion date are assessed as the length of time that, due to the compensation event, actual planned completion is later than the planned completion as show in the accepted programme.
They are allowed extra time if the event delays planned completion date not the contract completion date.
What is an information release schedule (JCT SBC 16)? What are the impacts on the parties? How does this compare to the information required spreadsheet under NEC4?
IRS - gives dates for the release of information from the consultant team if information required for construction of the works has not been issues.
Impact - schedule should give a sensible spread of workload and consultants must be comfortable with it being incorporated into the contract documents.
Spreadsheet - identifies what info is required and latest date it can be issued - failing to do so will lead to a compensation event. Includes when a contractor plans to meet each condition stated for key dates to be achieved.
What is meant by the term acceleration?
Process of speeding up works/progress of a contractor so that a particular activity can be completed before the date required under contract.
How are delays by the contractor assessed under NEC4?
Under option X the contractor can be made to pay delay damages.
PM would assess the amount due.
