U6 Contract admin : Time

Question 1

Explain and comment on the contract provisions for controlling time on construction projects?

Start

Answer 1

Commencement date of the contract.
Date of Possession of the site.
Under JCT contract possession and commencement are the same thing.
NEC contracts has three separate dates
Contract date (contract existence)
Starting date (works begin on contract)
Access date (site access)

Question 2

Failure to grant access (2)

Answer 2

Failure of employer to grant possession would be a breach of contract. Most contracts all the employer to defer access for a given period.
All the contractor to be granted an extension of time with costs.
This would be a compensation event under NEC contract.

Question 3

Explain and comment on the contract provisions for controlling time on construction projects?

Finish

Answer 3

JCT contracts
Date of practical completion
12 months defects period
Final certification payment
Contract completion

Question 4

Steps should the works not be completed by the agreed date?

Answer 4

Liquidated damages can be deducted subject to the issuing of a certificate of non-completion.

Question 5

List reasons Practical
completion is important? (5)

Answer 5

Start of defect’s liability period.
Start of final measurement.
1st half of retention released.
Employer takes responsibility for insuring the works.
End of period for which LADS may be deducted.

Question 6

Sectional completion and partial possession by the employer

Answer 6

Sectional completion is a contractual obligation but partial possession is by agreement.

Question 7

Explain the contractual provision for accelerating the contract.

Answer 7

Contractor may voluntarily put forward proposals to speed up the construction. Has a period of 7 days in which to object.

Question 8

Contractural provisions in relation to the Programme.

Answer 8

Intermediate form does not require submission of a programme.
JCT contracts require 2 copies of master programme.

Question 9

Contract provisions in relation to Postponement by the employer?
What does this give the contractor grounds to do? (3)

Answer 9

Gives grounds for:-
An extension of time
Claim for additional payment
Termination of contract (if over agreed period)

Question 10

Contract provisions for Extension of time (3)

Answer 10

Delay caused by the contractor
Delay caused by the employer or Design team
Delay for reasons beyond the control of either party.