Please detail some of the key responsibilities of the contract administrator under a JCT contract?
- The contract administrator is responsible for administering the terms of the building contract between the contracting parties. Responsibilities include, but are not limited to:
* Determining extension of time claims.
* Determining loss and expense claims.
* Issuing practical completion statements.
* Issuing instructions to overcome discrepancies and/or changes to the scope of works.
* Issuing instructions to expend provisional sums.
* Certifying interim payments to the contractor.
* Administrating change control procedures.
* Collating and issuing schedules of defects.
* Issuing the certificate of making good defects.
* Notifying partial possession.
* Certifying section completion.
* Certifying non-completion.
Do you know how the employer’s agent role differs from the contract administrator role?
- Contract Administrator - This is a party who is specifically identified within the contract and is solely responsible for administering the contract for the employer. It is an impartial role and only exists at the point the contract is entered into, i.e. when a contract exists.
- Employer’s Agent - This is a party who is identified within the contract and who acts on behalf of the employer in all matters, effectively as if the employer’s agent were the employer. When carrying out certification and decision-making functions under the contract, the employer’s agent should act impartially.
Why might the employer’s agent (EA) instruct the contractor to ‘open up’ works that has been covered?
If the EA suspects work has not been completed in a proper and workmanlike manner or believes materials, goods or work are not in accordance’ with the contract, the EA may issue an instruction to open up the area for inspection. This process is defined under clauses 3.12 & 3.13.
What is the procedure for claiming an EoT?
As soon as it is reasonably apparent that a delay has occurred of is likely to occur, the contractor should write to the contract administrator to notify them. The notification should identify the ‘ relevant event that has occurred and give an indication of the extent of the delay. This is usually shown on a programme demonstrating the ‘cause and effect of the The contractor is required to submit the information requested by the contract administrator to determine the claim. The contract administrator will ultimately notify the contractor of his/her decision of the claim. Should the claim be in accordance with the contract and the period of delay be adequately demonstrated, the contract completion date will be adjusted.
From a contract administrator’s point of view, what are the time periods related to assessing relevant events and adjusting the completion date?
The contract administrator/EA must notify the contractor of his/her decision within 12 weeks of receipt of the required particulars (or sooner if the completion date is less than 12 weeks away) and state the extension awarded.
What are the key time scales related to Payment notices and valuations?
- The dates are in section 4 of the contract.
- The first interim valuation date in included in the contract particulars and then it is the same date each month as long as it doesn’t fall on a weekend.
- The contractor must make an application for payment prior to the interim valuation date
- The due date is 7 days after the interim valuation date
- The final date for payment is 14 days after the due date
- The payment notice is due 5 days after the due date
- A Payless notice should be issued no later than 5 days before the final date for payment
- When counting days you always include weekends however public holidays do not count if the act is to be done a certain number of days “after” or “from” a specified date e.g a payment notice is due five days after the payment due date.
Are the time scales for valuations different in different contracts?
Same in D&B and intermediate however the Payment notice is called a certificate.
What clause allows the employer to defer possession by 6 weeks?
2ꞏ4 Deferment of possession
If the Contract Particulars state that clause 2ꞏ4 applies in respect of the Works or a Section, the Employer may defer the giving of possession of the site or relevant part of it for a period not exceeding 6 weeks or lesser period stated in the Contract Particulars, calculated from the relevant Date of Possession.
This is a relevant event
Are you aware of the black book?
-Yes- a collection of technical practice documents which covers processes throughout the construction
project life cycle.
What are some documents that are included? (black book)
-Change control management
-Employers agent design and build
-Conflict avoidance and dispute resoloution
If your client did not agree with your payment certificate which has been issued, what would you advise
them to do?
-I would review this with the client and the QS team to understand if there have been errors. If the client
still wants to change this could be implemented in the form of a payless notice.
Talk me through the design submittal procedure and how this differs from change?
- The design submittal procedure in JCT contracts is distinct from the change procedure. The design
submittal procedure involves the submission of design proposals and plans to the employer for
approval, which is a critical step in the design and build process. In contrast, the change procedure is
used to address modifications to the original scope of work. - The Contractor shall prepare and submit each of the Contractor’s Design Documents to the Employer by the means and in the format stated in the Employer’s Requirements or the
Contractor’s Proposals and in sufficient time to allow any comments - Within 14 days from the date of receipt of any Contractor’s Design Document, or (if later) 14 days from either the date or expiry of the period for submission of the same stated in the Contract
Documents, the Employer shall return one copy of that Contractor’s Design Document to the
Contractor marked ‘A’, ‘B’ or ‘C’ - If the contractor disagrees with the comments within 7 days they must notify the empoyer that they
believe this to be a change.
What is the first interim valuation date under a JCT intermidaite or Minor Works?
One month after the Works Commencement Date and the same day each month thereafter (or nearest business day).
How long does the employer to respond to a loss and expense?
Within 28 days of receipt of the initial assessment and information and 14 days of each subsequent update of them the Employer shall notify the Contractor of the ascertained amount of the loss and/or expense incurred, each ascertainment being made by reference to the information supplied by the Contractor and in sufficient detail to enable the Contractor to identify differences between it and the Contractor’s assessment.
