Contract Practice Lvl 3 Flashcards

(8 cards)

1
Q

Why did you recommend JCT Design & Build (SMG)

A

S - Stage 3 - Proposed two options
JCT D&B or JCT Int w/ CDP
A - Design need completed to Stage 4
Contractor best to complete
Client needed: Cost certainty & Quick SoS
A - Advised JCT D&B because:
Faster programme
Lump sum / cost certainty
Contractor risk
O - Client accepted D&B - Met requirements

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2
Q

How did you advise the client on setting LADs (SMG)

A

S - Client queried LADs
A - Assessed what delays would cost them:
Extended fees
Operational impact
Loss of use space
A - Advised calculating LADs on real expected costs so they’re enforceable
O - Proposed reasonable figure that protected them

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3
Q

How did you protect the client through post-tender clarifications (SMG)

A

S - Contractors submitted tenders with exclusions and unclear assumptions
A - Identified areas that could create risk or extra costs later
A - Prepared clarification questions for interviews to confirm and remove ambiguity
O - Tender comparison clearer and client avoided unpriced risk

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4
Q

How did you advise the client during tender evaluation (SMG)

A

S - Client needed help applying the 70/30 cost quality split
A - Reviewed cost breakdowns, quality responses and interview performance
A - Recommended scores based on evidence and advised on which contractor offered best overall value
O - Client confidently appointed the preffered contractor based on a robust evaluation

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5
Q

How did you manage contract mechanisms to protect the client (Hendo)

A

S - Delays and changes occured during the works
A - Checked each event against JCT definitions (Relevant Events / Relevant Matters). Ensured contractor followed notice requirements
A - Advised the client which events justified time or cost, and which didn’t meet contractual criteria
O - Project remained contractually compliant, avoiding unjustified claims

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6
Q

How did you assess and advise on loss and expense (Hendo)

A

S - Contractor submitted L&E claims due to delays
A - Checked if events were Relevant Matters, reviewed evidence (labour, plant materials), removed uplifts not supported by records
A - I advised the client to pay only actual, evidenced costs, not inflated rates
O - Claim reduced to a fair amount and supported by proper evidence

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7
Q

How are LADs processed under the contract

A
  • Non-Completion Certificate issued
  • Employer issues notice of intention to deduct LADs
  • LADs accrue after completion date
  • Deducted through Pay Less Notice from interim or final payments
  • PC stops LADs
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8
Q

What if a contractor queried the LD rate post contract

A
  • Contractor has accepted the rate by signing the contractor
  • Can challenege if they believe its not genuine pre estimate of loss (difficult to prove)
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