Contract Admin Flashcards

(44 cards)

1
Q

What are your key responsibilities as Contract Administrator?

A

Administering the contract impartially, certifying payments, issuing instructions, managing programme, and ensuring compliance with contract terms.

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2
Q

Explain how you dealt with liquidated damages.

A

At Holborn, I advised the client to set LDs as a genuine pre-estimate of loss, considering factors like rental loss and operational disruption, ensuring enforceability.

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3
Q

When would you refuse to issue Practical Completion?

A

At Leman Street, I delayed PC due to commissioning not meeting manufacturer standards. I prioritised technical compliance over programme pressure.

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4
Q

You delayed Practical Completion at Leman Street — talk me through your decision.

A

I assessed that commissioning was not completed in accordance with requirements, meaning the works were not fully complete. I therefore withheld Practical Completion until compliance was achieved.

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5
Q

What gives you the authority to delay Practical Completion?

A

The contract requires works to be complete and compliant with the specification before certification.

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6
Q

What risks arise if Practical Completion is certified too early?

A

Loss of leverage, unresolved defects, and potential disputes.

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7
Q

How do you ensure valuations are accurate?

A

By verifying works on site, checking against specification, and challenging discrepancies.

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8
Q

How did you assess valuations at Bishopsgate?

A

I reviewed contractor submissions, inspected works on site, and certified payment based on actual progress.

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9
Q

What would you do if a contractor overvalued works?

A

the valuation, adjust based on evidence, and issue a corrected certificate.

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10
Q

You challenged variations at Leman Street — how did you justify that?

A

I compared the works to the original specification and contract scope, identifying that some items were not valid variations.

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11
Q

How do you ensure variations are properly managed?

A

Ensure they are formally instructed, recorded, and valued in line with the contract.

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12
Q

You set liquidated damages at Holborn — how did you determine the value?

A

I advised they should reflect a genuine pre-estimate of loss, such as loss of rent or operational impact.

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13
Q

What is the risk of poor variation control?

A

Cost overruns, disputes, and loss of budget control.

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14
Q

What happens if liquidated damages are not a genuine pre-estimate?

A

They may be unenforceable as a penalty.

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15
Q

How do you manage defects on a project?

A

Identify, record, issue a defects schedule, and ensure rectification before or after Practical Completion.

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16
Q

What is your role during the defects liability period?

A

To ensure defects are identified, notified, and rectified by the contractor.

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17
Q

How do you manage defects on a project?

A

Identify, record, issue a defects schedule, and ensure rectification before or after Practical Completion.

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18
Q

What is retention and why is it used?

A

A percentage withheld to ensure defects are rectified.

19
Q

When is retention released?

A

Half at Practical Completion and the remainder after the defects period.

20
Q

How do you ensure compliance with the contract?

A

By following procedures, issuing formal documentation, and maintaining records.

21
Q

What is the importance of record keeping in CA?

A

It provides evidence to support decisions and protects against disputes.

22
Q

How did you manage risk at Renaissance House?

A

By negotiating contract terms such as PII, liability caps, and insurance provisions.

23
Q

What is Professional Indemnity Insurance (PII)?

A

Insurance covering professionals against claims of negligence.

24
Q

What is a liability cap?

A

A contractual limit on financial liability.

25
What is the role of a Contract Administrator?
To administer the contract impartially and ensure compliance with its terms.
26
What is a liability cap?
A contractual limit on financial liability.
26
What does impartiality mean in practice?
Making decisions based on the contract, not favouring either party.
27
What is the payment process under JCT?
Application → Payment Notice → Pay Less Notice → Final Date for Payment.
28
What is an Extension of Time?
An adjustment to the completion date due to delays outside contractor control.
29
What happens if a Pay Less Notice is not issued?
The full notified sum must be paid.
30
Why is issuing an Extension of Time important?
To ensure the contractor is not unfairly penalised.
31
What is the difference between Relevant Events and Relevant Matters?
Relevant Events relate to time, while Relevant Matters relate to cost.
32
What is Loss and Expense?
Compensation for additional costs due to certain events.
33
What is a variation?
A change to the scope of works instructed under the contract.
34
Who can issue instructions?
The Contract Administrator.
35
What happens if work is carried out without instruction?
The contractor may not be entitled to payment.
36
What is Practical Completion?
When works are complete except for minor defects.
37
What is the biggest risk in contract administration?
Failing to follow procedures and timelines.
38
What would you do if a client disagrees with your decision as CA?
Advise based on the contract, explain risks, and document the advice.
39
What would you do if a contractor disputes your certification?
Review evidence, justify the decision, and attempt to resolve the issue.
40
What dispute resolution methods are available?
Negotiation, mediation, adjudication, arbitration, and litigation.
41
What is adjudication?
A fast-track dispute resolution process used in construction.
42
Why is adjudication commonly used?
It is quick and allows projects to continue.
43
How do you demonstrate Level 3 competency in contract administration?
By making informed decisions, applying contract knowledge, and advising clients on risks.