1
Q
What documents are including within tender?
A
- Form of Tender
- Preliminaries
- Drawings
- Pricing Document
- Pre-construcion Information
2
Q
What is Partial Possession?
A
The employer agrees with the contractor to take control of site at various stages (CONSENT)
3
Q
What is Sectional Completion?
A
The agreed works are handed over in various stages (CONTRACTUAL)
4
Q
What is defined Provisonal Sum
A
Enough detail is provided to enable the contractor to include within their programme and pricing
5
Q
Process for non completion of Works
A
Certificate of non completion to be issued
Any implications of EOT?
Client deducts LEDS from payment
6
Q
What happens if the client fails to pay the contractor under JCT
A
Clause 4.6.1 allows for interest on late payments, set at 5%
Clause 4.7 right to suspend performance under HGRA for non payment
7
Q
What are Insurance options under JCT MW
A
5.4 (A) - use for new buildings and taken out by contractor
5.4(B) - use for existing buildings taken out by employer
5.4(C) - parties agree there own insuarnce options
8
Q
If a contractor submitted an obvious error in their submission, what would do?
A
- Details provided and contractor has option to confirm or withdraw their submission
- Details provided and options to correct error
9
Q
Is the contractors programme part of the contract documentation under JCT MW
A
No mention but PCI should form part of the tender docs
10
Q
Name some legislation in relation to Contract Admin
A
CDM 2015
HGRA 1996
11
Q
What is a pay less notice?
A
Issued either to the employer of contractor noting the intention to pay less than the valued amount
Issued no later than 5 days before final date for payment
12
Q
What clause covers a non completion certificate
A
Not required under a minor works contract but should be in writing that the contractor isn’t going to recah PC date
13
Q
What is a relevant Matter
A
Matter for which the client is reponsible that materially affects the progress of the works.
14
Q
What is Collateral Warranty
A
Binding agreement that gives third parties contractual rights where previously a contract did not exist
15
Q
Types of JCT Contracts and when would you use them
A
JCT MW - simple in nature under 500k
JCT intermediate - BOQ and sectional completion.
JCT SBC - large scale projects, without boq
16
Q
Difference between PC sum and Provisional sum?
A
PC sum provided by nominated contractor for supply of the works// adds overhead and profit
Prov Sum -Lump price as works unknown
17
Q
Describe the process with LADS?
A
- Ca to issue cert of non completion
- CA must recognise no EOT request
- Employer to give notice to dedcut LAD’s in writing
18
Q
What is loss and Expense?
A
- Enables contractor to be reimbursed for loss and expenses
- Caused by delay of info, waiting, loss of profit
19
Q
What is a defect Liability Period?
A
Commences at PC, liable for making good any defects at PC, typical 3 or 6 months
20
Q
How can payment be made for materials on site? Aspects to be in place?
A
Materials for the works & delivered to programme.
Require a vesting certificate - prooff of ownership
21
Q
Typical retention in a JCT contract?
A
3 or 5%
22
Q
What is a performance Bond?
A
provided by banks to give the employee a guarantee for payment should they suffer a loss - usually 10%
23
Q
What is a Parent Company Guarantee?
A
Contractual performance is underwritten by members of that cooperate year
24
Q
Describe the sections of Contract Admin Guidance Note 2016 1st edition
A
- Outlines best practices for professionals acting as Contract Administrator
- Introduction and scope
- Role of CA - pre contract duties and post contract duties
- Terms of Appointment
- Tasks of CA - inspections, certs, EOT
- Legal and Regulatory compliance - CDM, building Safety
- Introduction and scope
25
What is a contract administrator
person who administrates the contract between the client and contractor. prepare tender docs, issuing certs
26
Explain the role of contract Administator
- issuing instructions
- Certifying Payment
- Monitoring progress
-
27
What are standard forms of contract
Pre-drafted agreements used on projects in construction
28
Name some standard forms of contract
-JCT
-NEC
- FIDIC
-RIBA
29
Advantages of standard forms of contract
- Saves time and costs without having the need to draft new contracts
- Familiarity
- Consistency
30
What is a JCT minor works contract and key mechanisms?
- Contract designed for small, simple projects under 500k
- Mechanisms: payment provisions, instructions, EOT, delay and dispute resolution
31
Purpose of issuing Practical Completion Certificate
Signify works are complete par minor snags.
- half of retention is released
- handover of possession
- start of defects liability period
32
how to determine replacement of flooring was required at liffey ave
- Replacement was better option as water had affected subfloor and insulation.
- damage of a certain period of time
33
What is the make up of a suspended timber floor?
mineral wool inulation between joists
dpc placed between sleeper walls and joists
floorboards,
34
How do you assess EOT?
This is determined by the criticl path in which a project is delayed by a relevant event.
The EOT claim is reviewed by the CA to determine validity and to see if reasonable steps have been taken to mitigate.
35
How would you calculate loss and expense incurred?
I would review the contractor claim and prelims to determine that the costs are genuine.
I would discuss this with the contractor to reach a fair settlement.
36
What is a relevant event?
Something that causes a project to overun that is outside the contractor's control i.e weather, variations which gives them an extension of time.
37
What is a prime cost?
Specific cost for the purchase of materials but does not include installation cost
38
How is a CA different from a clerk of works?
The clerk of works have no authority to make appointments and issue certificates. They can value the works and oversee quality
39
What stage of the RIBA would you go out to tender?
Stage 4 Technical design for single tendering
Stage 2/3 for two stage tendering
39
What is a performance bond?
Bond that protects the client against financial loss had the contractor not finish the works on time.
Usually 10% of the contract value
40
Key difference between Employers agent and CA?
EA will perform the CA role under a D&B contract, wheras the Contract Administarot will perform on traditional contracts
41
What is procurement
The act of obtaining goods or services via tendering
42
How do you try to mitigate delay in a project
Detailed site investigations
Regular site meetings
Collaborative working
Good management
43
You've mentioned you worked with a JCT MW contract, what would have consistuted a Intermediate contract?
Minor works up to £250,000
price and payment for MW contract is structured
Provision for collaborative working
Intermediate
High level of complexity witha value of 1mill
Price and payment is based on lump sum
More detailed provisions for liability and insurance issues
44
Content of the RIC practice statement Contract Administration 2011?
- Introduction
- Context
- Appointment of CA
- Roles and Responsibilities
45
Name some sections of CA guidance note?
- Appointment of CA
- Roles and responsibilities
- Site inspection
- Meetings
- Contract Instruction
- Final sum
46
Can you expand on the RICS guidance on Retention 2013?
- Reason for inclusion
- Amount of retention
- Principle of relaease
- Alterntives such as bonds
- Issue with release
47
What is a relevant matter?
Matter for which the client is responsbile which materially affects the progress of the works.
This may enable the contractor to claim loss and expenses. Examples include: failure to give contractors possession, failure of client to supply goods and materials, late instructions
48
What is an O&M manual?
Operations and maintenance manual
Overview of the system, safety and maintenance
49
Can you give me some examples of other contract families that are available in the construction industry
Joint Contract Tribunal (JCT)
New Engineering Contract (NEC)
International federation of consulting engineers (FIDIC)
Engineering and construction contract (ECC)
50
What date is the RICS CA guidance note?
1st Edition published in 2011 but recent publication was in 2022
51
Key differences between CA and Employers Agent
Employers agent don't administrate the contract only checking the quality of works on site,
EA suited to D&B contract and is more a client representative
52
Role of a CA under JCT MW contract
Administer contractor and adhere to the contract conditions
Issuing instructions
Valuations and payment
Managing progress
53
What key items did you review and confirm before the contract was executed?
Programme of works
how the contract will be executed
Valuation frequency and payment terms
Roles and responsibilities
Scope of works and Dispute Resolution
54
How did you record and circulate the minutes from the meeting? Why is this important?
I was able to produce the minutes on a word document format which included a project directory. This ensured that it was clear on the procured and items of works before starting to avaoid any misconceptions
55
How did you formalise the instruction for the new works at Liffey Ave?
Use a formal instruction template which includes details, plans, reason for instruction, programme implications
Obtain relevant quote for the contractor by email.
Issue the instruction doc and proposal by email to obtain approval to proceed
56
At Liffey Ave, How did you assess whether the contractors costs for the variation was fair.
- As we were looking at the flooring I was able to quantity the areas that required replacement.
The rate provided by the contractor was compared to rates used on previous tenders. If I wanted to go further I could use BCIS/spons to confirm
57
Issues that arise when issuing a variation without an agreement on cost?
Contractor may issue a cost later which is higher than expected.
Employer may disagree with the variation.
Highlights importance of agreeing costs before instructing the variation
58
What is the importance of clear documentation and tracking variations?
Maintains control, transparency and accountability
- Prevents budget overrun
- Contractual compliance
- Prevents disputes
59
At Welshpool, was the overvalued item part of the original tender. What ground to consider for a tender cost adjustment?
It was but it was originally placed as a £3,000 PS for the electrical hence why a re-quote was required.
Grounds for which a tender costs can be adjusted:
- Unforeseen site conditions
- Errors in the tender
All changes must be formally documented and agreed via variation instructions
60
What contract procedures did you follow at Welshpool for the valuation
Request and review supporting documentation
Compare against previous tendered rates
Document the assessment
61
What happens if the contractor can't justify the value at Welshpool?
Determine a fair value based on available information
use a variation log to track unresolved issues
62
What are your duties under the JCT MW contract when assessing interim valuations?
- Assess the work completed to date
- Include materials on site
- Apply retention
- Act fair and impartial
63
At Common Way, If the decision regarding the valuation affected the contractors cash flow how would you proceed?
I would politely advise them that vesting certificate would be required to certify materials off-site. I would review their previous payments of why they are low on cash flow. Hold back payments to put your best interest at heart
64
How to deal with a situation where the contractor wishes to value off site materials
Check the contract to ensure that the conditions are met regarding off site materials
- Need vesting certificate/ Proof of purchase
65
What is the risk when materials offsite are included within a valuation when exempt?
- You may pay for materials that never get delivered
- No legal ownership
- Breach of contract and funding delays
66
At Wellfield, How did you determine whether the contractor's claim for EOT was valid?
Identify the EOT clauses to determine what events qualify for EOT
Examine the contractors request - cause of delay, timescales, supporting documentation.
Review programme implications and if valid, document this
67
What alternative methods of power provisions did you consider at Wellfield
- Petrol / Diesel Generators but when wayed the costs up it exceeded the Loss of rent expense.
Causes noise and is onky temporary so plaster would struggle to dry etc.
68
How did you document the EOT decision
Use a letterhead to ref decision/name and details
Outline the details
69
How did you ensure impartiality and objectivity when assessing the EOT claim?
- Follow the contract conditions
- Us objective evidence
- As a CA you should be acting independently on both the contractor and employer
70
Could any steps been taken earlier to mitigate the risks?
- Employer could have identified issue before commencement and liaised with energy provider.
71
At Floyd Ave, what is the procedure for identifying whether a non-completion cert should be issued?
Issued when the contractor fails to complete the works as per intended PC date.
Confirm the orginal completion date and see if any relevant events are applicable
If no valid reason, issue the cert on letterhead - stating the JCT clause 2.31
State the date PC required and theat completion was not achieved.
72
Purpose of a non completion cert?
Formally record that the contractor failed to complete the works on time.
Not met obligations. Triggers LADS
73
What advice would you give if a contractor disputed a non-completion certifiocate
- Review the contractors grounds for dispute resolution
- Reference to relevant clause 2.31
- Maintain impartiality
- respond formally acknowledging their dispute and
74
How did you advise the client regarding LADS
liquidated AND ascertained damages - UNDERTSAND BOTH THEIR RIGHTS AND RISKS.
Review the contract to esnure LADs are set and at what rate
Confirm the delay and issue cetrificate
Calculate the LADS to claim and apply in full
75
What are the different certificates under JCT contract
- Interim certificates
- Practical completion
Non completion
- Certificate of making goods
Final certificate
76
What is Practical completion under JCT MW
Works are deemed complete by the CA and the employer can take back possession for there intended purpose, even if minor snags remain.
77
Can PC be signified if an intumescent strip hasn't been replaced
Yes as only minor snag remains and it wouldn't stop the occupier moving back in.
78
When is payment dealt with after PC - timescales
Within 28 days from PC
79
When can a pay less notice be served?
no later than 5 days from final date for payment
80
What are the difference in insurance options for a JCT MW vs Intermediate?
Intermediate offers more risk to the contractor than MW - Options A, B & C
A - Insurance by contractor on new builds
B - Employer on new builds
C - Joint names existing structures
81
Can you explain why the sum provided by the contractor was not reviewed at tender stage
Defined provisional sum was allowed where the works was unknown.
Exact quote was provided at final account stage to account override the PS item
82
Difference between defined and undefined PS
Undefined -scope and design are unknown wheras defined the scope of work is clear
83
What was the rate of liquidated damages set?
£700 per week based on loss of rent 400 per week and AA at £300 per week
84
What alternative means of power were sought at Wellfield Close
Petrol Temporary genertaors (1,000 install and running cost of 100 per day
Battery powered tools - short outages
Solar outages - Expensive - long term
85
Privity of the contract
Only between two parties
Building Surveying APC
flashcards
Decks in class (23)
# Cards
-
Contract Practice59
-
Legal and Regulatory104
-
Sustainability18
-
Building Pathology130
-
Construction Technology92
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Contract Admin86
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Client care5
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Inspection51
-
Ethics67
-
Fire Safety31
-
Design and Specification92
-
Hot Topics31
-
Health & Safety51
-
Measurement32
-
Works Progress and Quality Management16
-
Case Study101
-
Accounting Principles8
-
Diversity & Inclusion9
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Conflict Avoidance9
-
Data Management6
-
Guidance Practice Notes19
-
Mock Questions26
-
Level 325
