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EM Contract Admin > 16 Sub-Contracts > Flashcards

16 Sub-Contracts Flashcards

1
Q

Does a contractor have an automatic right to sub-let the works?

A

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2
Q

Does the giving of consent by the employer to the use of a sub-contractor affect a contractor?s responsibilities under the contract?

A

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3
Q

How are sub-contractors managed within a contract and how does the appointment work?

A

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4
Q

Name some different types of sub-contract.

A

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5
Q

The main contract executed between an employer and a contractor is the JCT D&B form. The contractor is intending to engage its sub-contractors under an NEC sub-contract. What advice would you give in this respect?

A

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6
Q

Does the Construction Act apply to sub-contracts?

A

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7
Q

Explain the law relating to ‘pay when paid’ and ‘pay when certified’ clauses in sub-contracts?

A

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8
Q

Name the different types of sub-contractor.

A
  1. Domestic Sub-Contractor
  2. Named Sub-Contractor
  3. Nominated Sub-Contractor
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9
Q

Who owns domestic sub-contractor?s materials on site?

A

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10
Q

A sub-contractor is designing the works under his sub-contract. What third party rights issues do you need to consider for your client and what documentation might you put in place?

A

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11
Q

What is a domestic sub-contractor?

A

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12
Q

What are the advantages and disadvantages of using a domestic sub-contractor?

A

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13
Q

Can a contract administrator determine a domestic sub-contractor?

A

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14
Q

Could a main contractor claim an extension of time for the non-performance of a domestic sub-contractor?

A

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15
Q

What rights have you as a member of the project team to deal directly with a domestic sub-contractor?

A

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16
Q

If the contract administrator does not like one of the domestic sub-contractors on site, what contractual rights does he have to get them removed?

A

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17
Q

If you felt it would be helpful in agreeing the value of a variation, how could you involve a domestic sub-contractor in the negotiations?

A

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18
Q

What is a named sub-contractor?

A

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19
Q

Why must the client be careful when listing named sub-contractors?

A

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20
Q

What are the advantages and disadvantages of using a named sub-contractor?

A

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21
Q

How is a named sub-contactor paid?

A

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22
Q

Explain to your client his rights and obligations with regard to naming a sub-contractor.

A

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23
Q

Can the employer make direct payments to a named sub-contractor?

A

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24
Q

Who is responsible for the performance of the named sub-contractor, the employer or the contractor?

A

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25
Q

If the named sub-contractor is designing his works, does the main contractor have any design responsibility?

A

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26
Q

What are the employer’s and contractor’s liabilities if a named sub-contractor defaults?

A

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27
Q

What happens when the named works are complete?

A

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28
Q

Could a main contractor claim an extension of time for the non-performance of a named sub-contractor?

A

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29
Q

What is a nominated sub-contractor?

A

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30
Q

How is a nominated sub-contactor included in the main contract?

A

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31
Q

What are the advantages and disadvantages of using a nominated sub-contractor?

A

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32
Q

How is a nominated sub-contactor paid?

A

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33
Q

Explain to your client his rights and obligations with regard to nominating a sub-contractor.

A

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34
Q

Can the employer make direct payments to a nominated sub-contractor?

A

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35
Q

Who is responsible for the performance of the nominated sub-contractor, the employer or the contractor?

A

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36
Q

If the nominated sub-contractor is designing his works, does the main contractor have any design responsibility?

A

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37
Q

What are the employer’s and contractor’s liabilities if a nominated sub-contractor defaults?

A

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38
Q

What happens when the nominated works are complete?

A

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39
Q

Could a main contractor claim an extension of time for the non-performance of a nominated sub-contractor?

A

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40
Q

Who is responsible for doing the interim valuations under a nominated sub-contract?

A

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41
Q

Why is nomination less popular than it once was?

A

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42
Q

Give some advice on whether an employer should include a preferred contractor as a domestic, named or nominated sub-contractor on a fit-out project.

A

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EM Contract Admin (21 decks)

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