Contract Practice Level 3 Flashcards
On the fit-outs for the hearingcare provider, how was the existing contract not appropriate, what protections for either party did it not provide?
So, the contract was a supply only contract relating to the supply & delivery of shopfittings to site and did not include for any on site works.
Key elements that the existing contract did not provide for include insurances and defects. One could argue that some elements such as defects could be implied by law, but however it is best practice to ensure that construction contracts expressly provide for such eventualities to avoid disputes, H&S issues, unsatisfied clients and the failure to achieve project objectives by all parties.
On the fit-outs for the hearingcare provider, why did you recommend / advise a JCT D&B contract? What other forms did you or could you have considered - NEC etc?
So, the decision really stemmed from the time constraints that the project was under and the completion date that the client desired to achieve. The contractor was in the process of being onboarded onto the client’s framework contract, however, this could take some time due to both parties legal teams undertaking their due diligence.
So, firstly, the clients needed one standalone contract which would provide for the project at hand. And secondly, the time advantages that Design & Build bring in relation to the overlap of design and construction was conducive with what was needed to be achieved here. Furthermore, the client was familiar with the JCT family and this was their preference.
Therefore, I advised the JCT D&B Contract was the most appropriate option.
On the Limerick project, in addition to advising vesting of materials, what other means did you consider to protect the client’s interest for materials held off-site?
Well, the first thing I did was refer back to the contract. As there were no listed items for materials off site, the client was not obliged to pay for these. But realistically, the client had a longstanding and collaborative relationship with this contractor. So, I needed to find a solution which acknowledged this relationships whilst also protecting my client.
A bond was an option - but because of the said nature of this relationship, I didn’t deem this completely necessary. So, I opted for the vesting certificate.
On the Limerick project, was there provision in the contract for materials off-site?
Well, as there were no listed items as materials off-site, under D&B, the client was not obliged to pay for these.
On the Limerick project, did you consider advising the client to refuse the request?
Yes, I very well could have done, but because of the longstanding and collaborative relationship between the client and contractor, the risk was minimal.
On the serial tender client, how were the amendments you proposed bound into the contract?
The amendments made the Preliminaries of the tender documentation. These then formed part of the contract documents for the Serial Tender Contract Agreement, and as such, became part of the contract once signed.