WK3PM - Contract Prep

Question 1

Q1. What parties are named within the form of contract? (Contents page ‘Articles’ section, see page 4 &5)

Answer 1

Contractor / Architect / Contract Admin / QS / Principal Designer

Question 2

Q2. Using the contents page within the form of contract, state which section relates to the following contract administration issues:

Answer 2

a. Contractors obligations relating the materials, goods and works to be carried out, during the project: 2.3 (2)
b. Sub-contracting: 3.7-3.9 (3)
c. Payment (Interim Payments): 4.8 (4)
d. Changes to the works or design: (5)
e. Insurances: (6)
f. Procedures used to resolve disputes: (9)

Question 3

Q3. Explain the purpose of the ‘Articles’ and ‘Contract Particulars’

Answer 3

Articles – Primary clauses / Sets out agreement – identifies rights, acts and forbearances
Contract Particulars – How its adapted to suit the client and project e.g. Completion dates etc.

Question 4

Q4. List the duties of the Contract Administrator named within the Articles? (pg 4)

Answer 4

• Issue architects’ instructions
• Issuing payment certificates
• Extensions of time
• Check quality

Question 5

Q5. What is the purpose of a Bills of Quantities document under this form of contract? (pg 2) How does this differ from NEC 4?

Answer 5

• Provide rates for works
• These rates used for variations
• Specifies quality and quantity used for valuations
NEC4 – Bill of Quantity is used for tender purposes and once on site use rates for valuing but its remeasured.

Question 6

Q6. Describe the purpose of the ‘Contractors Design Portion’, (Ninth recital pg 3) and the use of the Employers Requirements and Contractors Proposals relating to this section (Eleventh recital pg 3)

Answer 6

Allows for the contractor to design a portion. The client produces Employer requirements such as performance specification (minimum requirements or standard) and the contractor produces a design proposal (issues contractors’ proposal).

Question 7

Q7. List 5 number items within the Contract Particulars which need to be complete as either ‘apply / not apply’

Answer 7

Supplemental provisions

• Collaborative working
• H&S
• Cost savings and value improvements
• Sustainable development and environmental considerations
• Performance indicators

Question 8

Q8. List 5 items within the Contract Particulars where a default clause will be used if the item has not been completed.

Answer 8

• Rectifcation period - default 6 months
• Fluctuation provision - option A applies
• interim payments - valuation dates - default one month after possession
• Retention rate - 3%
• Works insurance - professional fees - default 15%