Building Surveying APC > Contract Practice > Flashcards

Contract Practice Flashcards

(59 cards)

Study These Flashcards
1
Q

What are the Main Procurement Routes?

A
  • Traditional
  • Design and Build
  • Construction Management
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the Payment provisions under JCT?

A

IVD + 7 days = Due date + 14 days = Final Date for payment.
Payment certificate to be issued within 5 days of due date

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the options under NEC contract?

A

A - Priced Contract with Activity Schedule
B - Priced Contract with Bill of Quants
C - Target Contract with Activity Schedule
D - Target Contract with Bill of Quants
E - Cost Reimbursable Contract
F - Management Contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Standard Form of Contract vs Bespoke Contracts

A

Standard form contracts are pre-written agreements, while bespoke contracts are specifically drafted to meet unique needs.

Standard forms are often more cost-effective and time-efficient.

Bespoke contracts offer greater flexibility and customization but can be more expensive and time-consuming to create

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is a contract?

A

An agreement which is binding on the parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How is a contract formed?

A
  • Offer and Acceptance (Communication by both Parties
  • Certainty (certain over price etc.)
  • Consideration (Price each party pays to enforce the other persons promise)
  • Intention
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How is LEDS calculated?

A

Based on estimated loss as a result of the contractor not reaching completion at PC date. Take into consideration loss of rent etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Difference between nominated and named subcontractors

A

Nominated client chosen
Named - client provides a list in order forr the MC to appoint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

JCT Forms of contract

A

D&B
iNTERMEDIATE
Minor Works

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How is the HGRA relevant to the valuation?

A

Implications of payment lasting longer than 45 days:
- Interim stage payments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Main elements of a valuation

A
  • Prelims
  • Measured Work
  • Variations
  • Materials on/off site
  • Retention
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is assignment

A

When a party within contract assigns their rights to a third party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Novation

A

When a party within a contract transfers their rights and obligations to a third party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

3 Ways contract benefits can be transferred?

A
  • Collateral Warranties
  • Third Party Rights
  • Assignment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a Letter of Intent?

A

Documents used to enable works to commence before a primary building contract has been executed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is Partial Possession

A

Mechanism where the contractor can give possession to parts of the works - requires contractor consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Difference between partial possession and early use

A

Early use remains in possession of contractor wheras PC relevant parts and obligations are transfered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Section Completion

A

Sections of the works are handed over at agreed stages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Can materials on site be included in contractors valuation

A

Yes it is important for the contractors cash flow

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Requirements for materials on site to be included in contract

A
  • Materials to be delivered to site
  • Adequate reason for their usage
  • protected
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What information does the HGRA Act 1996 involve?

A
  • Adjudication decision within 28days
  • Payment instalments if a project last longer than 45 days
  • Contractor right to suspend works if payment is not received
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Why did you choose JCT MW over intermediate contract?

A

Smaller scale of works from 250k to 500k
Does not involve complex structures

Intermediate offers greater input from the contractor on design

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What insurance options are available and what did you choose for your project

A

A - Insurance by Employer (new build)

B- Insurance by Contractor (New Build)

C - Insurance of existing structures by employer. In joint names with contractor. (Commonly used on most projects)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the fundamental components of a contract?

Study These Flashcards
A
  • Offer/Acceptance
  • Consideration
  • Capacity
  • Legality
25
What does procurement mean?
obtaining good, services or works through a formal bidding process
26
Name the standard forms of contract
pre-drafted agreements : NEC, JCT, FIDIC, RIBA
27
Advantages of standard forms of contract over bespoke
Bespoke drafted specifically for a project Advantages of SFOC: saves time and cost consistency Familarity
28
What is a letter of intent and outline the advantages and disadvantages?
LOI us a written document that outlines that the parties are due to enter into a formal contract Adv: Allows early start on site Sets out intentions Dis: Legal uncertainty Risk of disputes
29
Outline possible dispute resolution options under JCT?
Negotatiation Mediation Adjudication (28 days) Arbitration
30
Key aspects of a JCT contract?
- Payment - Valuing the works - Variations - Risk Allocation - Defects Liability Dispute Resolutionj
31
Key factors to consider when choosing a contract?
- Nature of works - Design responsibility - Payment sdtructure - Risk Allocation
32
What rate of liquidated damage did you apply at 16 Liffey?
£650 per week as this would be incurred as a result of the clients loss of rent £400 for loss of rent £250 for alternative accomadation
33
Difference between contract signed under hand vs deed
Under hand - 6 year limitation period can be signed by one or more parties As a deed - Must be witness and excuted as a seal 12 year limitation period
34
What documents were requested when the contractor was designing the roof portion of the works?
Roof Plans Elevations Structural layout and load calculations Material spec and scope Building regs compliance
35
Why did you use JCT MW contract for 16 Liffey
Small scope of works under 500k Didnt require section completion or third paty rights
36
what is difference between intermediate contract and minor works?
Scale, complexity and value of works Detailed design and drawings produced Includes provisions for BOQ Intermediate has clause in for third party rights and collateral warranties
37
Advantages of sectional completion? (Why did you choose SC?)
aLLOWS DIFFERNET PARTS OF THE WORKS TO BE HNADED BACK AT DIFFERENT TIMES eALY USE ON SITE BY CLIENT Enables phased payments and reduces dealys
38
Difference between NEC and JCT
NEC- COMPENSATION EVENT JCT - Relevant event JCT - programme is not contractually binding. NEC - KEY CONTRACT DOCUMENT NEC - Collaborativbe owrking and focus on industry and infastructure JCT - design is completed before construction begins
39
Difference between Management contract and construction management
Construction Management - the client is in direct contractual relationships with trade contractors Under management contract, the main contractor is in direct contractual relationship with trade contractor
40
Consideration when selecting a contract
Project size Procurement route Risk allocation
41
Types of contracts available for construction work
- JCT Contracts (Joints contract tribunal) - widely used in construction projects, clear roles and risk allocation & suitable for traditional procurement - FIDIC Contracts (International Federation of Consulting Engineers) - Not commonly used - especially civil engineers - PPC - Partnering Contract - NEC (New Engineering and Construction Contract) - promotes collaboration, widely used in infrastructure projects
42
What works should be suited to a Intermediate form of contract
Used for medium sized projects. Require complex drawings and specifications prior to tender used where no specialist work is required
43
Aspects of a JCT Intermediate contract?
- more comprehensive than MW but less than the SBC - employer is responsible for the design - Interim ppayment
44
Why did you choose intermediate over MW?
Basis of design was more detailed BOQ are applicable along with SOW Allow sectional completion and is bigger in project size
45
What is suitablility and provisions with JCT SBC?
- Full designs, BOQ and drawings - Level of detail is high and projects are large is size/scale - Phased sections, nominated sub contractor provisions
46
Why did you not choose Standard building Contract
- not a commercial building - didn't require BOQ -
47
What was the rate of liquidated damages and why for Liffey?
set at £500 per week as this based on the rental income charge
48
How is sectional completion detailed within the contract?
Contract particular - details the different sections and completion date for each. deatils sscope of work per section and once a section is completed DLP beigins LEDS set
49
Purpose of sectional completion and provisions involved?
Allows different parts of the work to be completed in stages Early possession for client and separate liquidated damages
50
EOT in a Minor Works Contract vs Intermediate?
MW doesn't refer to relevant event but CA would assess this factor Intermediate must be assessed against relevant and loss and expense claim
51
Limitations of contractor design portion under JCT MW?
Contractor only design specific parts on not whole works. Limited design warranty - where the contractor is noty required to carry out PI cover - No way of dealing with design changes
52
Main differences between MW and Intermediate
- Inteemediate has more detailed design drawings, specs and BOQ - EOT basic provisoons under MW wheras Intermediate makes ref to relevant event and L&E Section completion in Intermediate
53
Provisions and terms under JCT contract
- Scope - Contract sum - Quality and Standrds - Valuations - Dispute Resolution
54
What makes up a contract Doc
Contract Agreement Conditions of Contract Specifications Drawings Bills of Quantities or Schedules of Work Tender documents
55
How is acceleration achieved?
- Longer worker hours - Resequencing works
56
what is the recommended date for the first IVD to be set in a contract?
One month after work commencement
57
When should a payment cert be issued?
Within 5 days of the due date
58
What section of a contract would detail the deates and sectional completion
Contract particulars - whether it applies Conditions - outline the procedural aspects
59
Building Surveying APC
flashcards
Decks in class (23)
# Cards
Brainscape helps you reach your goals faster, through stronger study habits.
© 2026 Bold Learning Solutions. Terms and Conditions