Time & Time Adjustments Flashcards
What are the significant dates under the ABIC contract? Is it possible to adjust them? explain
The significant dates are Practical Completion and Final Certificate. It is possible to adjust the date for PC (which then affects FC) due to variations in the contract, and time adjustments due to variations, change in project scope, latent conditions and delays such as inclement weather (that exceeds nominated days) or delays on material items to site.
What is a construction program?
This is a written document by the contractor outlining the process of construction over a period of time listing all the key stages in the project. This is an essential part of project planning and monitoring, and is regularly updated throughout construction.
Under the provisions of an ABIC contract who should provide the program + when?
The contractor is to provide the program at the commencement of the works.
Under the provisions of an ABIC contract is the construction program a contract document?
No, because the program is subject to change throughout construction and is used more as a means of monitoring progress.
Should the architect approve the construction program?
No. As above, the program is subject to change and the architect may be held liable for variations to the works for approving the initial dates (which will inevitably change).
Does the program remain the same throughout the contract?
No. However, the builder should provide updates to the client and administrator if there are changes.
What is a critical path?
Critical Path is the key set of interrelationships in the program that affect the final completion date. If one on these key dates on the critical path is affected (i.e. delayed), then this has a roll on affect to the rest of the program and ultimately pushes the date of PC and FC forward.
Under the provisions of an ABIC contract how does the contractor ask for additional time if the works have been delayed?
Submit a formal request for an extension of time and adjustment to the contract. They must do this within 2 working days of becoming aware of the start or end of the delay.
Under the provisions of an ABIC contract who decides if the contractor is allowed to have additional time + how is the contractor’s request assessed.
The architect approves the contractor’s request for an EOT. The architect must assess that the contractor has taken all reasonable steps to minimise the impact of the delay, and refer to L1 of the contract to ensure that the contractor was not responsible for the delays.
Under the provisions of an ABIC contract what information must be provided before any assessment can be made?
Written notification of the delay from the contractor outlining the start and end date of the delay, the reasons for the delay and an estimate of the number of working days affected.
How is the assessment process documented under the provisions of an ABIC contract?
The contractor is to notify the architect in writing of the delay within 2 working days of becoming aware of the delay start or end. The architect then assesses the validity of the delay. If valid, the architect issues a formal Adjustment of Time proforma which describes the cause of the delay, and adjustment to the date of practical completion.
Where delays have been accounted for in the schedules of the contract, with nominated days, and adjustment of time can be issued once these days have been exceeded.
Who is responsible for minimising delays + their effects?
The contractor (clause L1.2)
What risk does the architect face with respect to their own involvement in any delay to the
works? How can this risk be minimised?
If the architect fails to meet their obligations as contract administrator – not assessing and processing claims, variations etc on time, failing to issue notice of PC.
