Contract Practice Level 2 Flashcards
On the Guildford Project, can you explain the process for drafting the JCT D&B contract?
How were the Liquidated Damages determined by the client, did you assist in the calculations?
How was the project divided into sections?
How was the attestation decided? Was it under hand or as a deed?
I put this back to the client and their legal team, confirming the contract was to be executed as a deed.
What are the implications for the means of attestation?
Ultimately, this impacts whether contract is executed as a deed or underhand.
The impact of each relates to the limitation period for bringing a claim or the liability for defending a claim, as set out by the Limitation Act.
The limitation period for an underhand contract is 6 years, whereas contracts executed as a deed is 12 years.
Please explain how you set up and used a change control process on a project?
Have you dealt with collateral warranties, performance bonds or PCGs on your projects? If so, can you provide details of how you did so?
Have you experience in using letters of intent?
Have you had cause to deal with loss and expense claims on your projects?
How have you dealt with completion of your projects with your contractor and/or client?
Do you have an opinion on the issues letters of intent can cause? And when might they be used?
Letters of intent can sometimes be mistaken for or used in lieu of a construction contract, which should not be the case as they do not provide adequate protection for the complexities that arise and surround construction projects. Letters of intent can be used in scenarios whereby pre-contract works are required to be completed, such as site surveys.
What can be used instead of a letter of intent?
Pre-contract services agreement - which is an agreement to carry out works prior to the full building contract being in place.