APC 25 > Contract Practice > Flashcards

Contract Practice Flashcards

(21 cards)

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1
Q

Give some examples of contract particulars you included in your JCT Contract.

A

Pricing Document
Base Date
Date of possessions
Date for Completion
CDP
LAD’s
Rectification Period
Fluctuations
Interim Payments - (first date for payment)

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2
Q

Whats are LAD’s

A
  • Liquidated and ascertained damages
  • Predetermined and agreed between parties in contract
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3
Q

How do you review contractor variations

A
  • check scope
  • check validation
  • check rates
  • check measures
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4
Q

If a client is late to pay a contractor, what could the contractor do?

A

Contractor can notify to suspend the works

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5
Q

How would you advise your Clients on using standard v bespoke forms of Contract

A

Standard contracts
Pros
- Widely recognised & understood within the industry
- More cost effective and time efficient
Cons
- May not cover all unique aspects of project

Bespoke
Pros
- Tailored to specific requirements
- Can address specific risks
Cons
- Usually more expensive
- Time consuming to draft

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6
Q

What forms the basis of a contract?

A
  • Offer
  • Acceptance
  • Consideration
  • Certainty of terms
  • Intention to enter contract
  • Legality of Contract
  • Capacity to make agreement
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7
Q

Can you tell me what elements you have included in a Valuation from one of the projects you have worked on

A
  • Prelims
  • Measured works
  • Variations
  • MOS/Materials off site
  • Loss & Expense/Retention
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8
Q

What is concurrent delay?

A

A situation where a construction project is delayed by two events at the same time, one being an event for which the employer takes responsibility under the contract and the other for which the contractor takes responsibility

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9
Q

What sort of costs can the employer include in LDs

A
  • Loss or rent or other income
  • Additional fees
  • Capital salaries
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10
Q

Under JCT, what contractual documents must be in place before damages can be deducted

A
  • Non-completion certificate
  • A pay less notice
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11
Q

What determines the type of JCT contract

A
  • Size, Value, and type of project
  • Need for contractor design
  • Certainty on final cost
  • Time constraints
  • Risk ownership
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12
Q

Intermediate Building Contract

A
  • Traditional procurement
  • Works fully designed by employer. Can have it CDP
  • Works not complex in nature / Don’t involve high degree of building services
  • Fairly detailed procedures or named sub contractors
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13
Q

Standard Building Contract

A
  • Traditional procurement
  • Works fully designed by employer. Can have it CDP
  • Works are complex in nature / Involve high degree of building services
  • Detailed procedures or named sub contractors
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14
Q

Minor Works

A
  • Traditional procurement
  • Works fully designed by employer. Can have it CDP
  • BoQ not required
  • Works not complex in nature / Don’t involve high degree of building services
  • Doesn’t require detailed procedures or names sub contractors
  • No sectional completion
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15
Q

Detail some key changes introduced in JCT 2024

A
  • Gener neutral language
  • Incorporates updates to accomodate the Building safety Act
  • New Relevant events to include epidemics
  • Article to encourage collaboration
  • New JCT Target Cost Contract (alternative to NEC OP C)
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16
Q

Can a contractor object to variations

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A
  • If instruction is illegal or violates relevant project permits (e.g. action contradicts environmental regulations or safety permits)
  • Impossibility (unrealistic timeframe)
  • Breach of contract
17
Q

Contra charge

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A

Deduction made by one party from a payment due to another party

18
Q

What is change control

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A

Process that can lead to changes in time, cost and scope

19
Q

When making a change, what should the person responsible do

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A
  • Identify reason for change
  • Investigate impact (time, cost)
  • Mitigate as much as possible
  • Review and either accept or decline
20
Q

What does it mean if the contractor carries out uninstructed work

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A
  • Building could potentially be non-compliant
  • Uninstructed works treated as defects
21
Q

How did you lead the change control process on morrisons

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A
  • From the start - set out the procedure
  • Stated that the meetings would be weekly
  • Asked MC to provide their costs days before for review
  • Review variations
  • Track budget
APC 25
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