Law Additional Flashcards

1
Q

Advantages of using a standard form of contract

A

Avoids writing terms for each project
Familiarity from use and experience
Fairly represents interests / allocating risks
Savings in negotiation and drafting time/cost
Accurate supply chain quotations

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2
Q

Contract document 3 sections

A

Articles of agreement
Conditions of contract
Appendices

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3
Q

Articles of agreement

A

Identify parties to contract
what is to be constructed
what is to be pad
what parties have agreed to do

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4
Q

Conditions of contract

A

Facts for carrying out contract
Starting / completion date
Liquidated or delay damages

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5
Q

Appendices

A

Facts for carrying out construction
Specification
Bill of Quantities

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6
Q

NEC4 Clause 17.1

A

PM to give instruction resolving any ambiguity or inconsistency

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7
Q

NEC Stand For

A

New Engineering Contract

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8
Q

NEC Key Issues

A

Mutual trust
Co-operation
Good Project Management
Reduce conflicts / confrontation / adversarial situations from early warning requirement

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9
Q

NEC Contract Objectives

A

More flexible in scope
Greater stimulus to good PM
Simple wording / clearer
Risks managed proactively and identified as part of contract

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10
Q

New features of NEC4

A

Multi-party alliance contact integrating a risk and reward model
Advanced guidance and practical advice to contract users

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11
Q

NEC4 Core Clauses

A
General 
Contractors main responsibilities 
Time
Quality Management
Patment
Compensation Events
Title 
Liabilities and insurance
Termination
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12
Q

Main Option Clauses

A

Option A - Priced contract with activity schedule
Option B - Priced contract with bill of quantities
Option C - Target contact with activity schedule
Option D - Target contract with bill of quantities
Option E - Cost reimbursable contract
Option F - Management Contract

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13
Q

Option A

A

Design and build

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14
Q

Option B

A

Tells contractor quantity of work

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15
Q

Option C

A

No Lump Sum

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16
Q

Option D

A

Traditional Contract

17
Q

Option E

A

Pure cost plus contact

least used

18
Q

Most Popular

A

Option C / D

19
Q

JCT

A

Joint Contracts Tribunal

20
Q

JCT Attempts

A
To provide balance between
Employers
Contractors
Sub-contractors
Consultants
On an number of contractual issues
21
Q

Conditions of Contract JCT

9 Sections

A
Defintions and Interpretation 
Carrying out the Works
Control of the Works
Payment
Variations
Injury / Damage / Insurance
Assignment, Performance bonds, Guarantee, 3rd Party rrights
Termination
Settlement of disputes
22
Q

The 8 Schedules of JCT

A
Design Submission Procedure
Variable and Acceleration Quotation 
Insurance Options
Code of Practice
Third Party Rights
Forms of Bonds
JCT Fluctuations Option A
Supplemental Provisions
23
Q

Differences of JCT 2005/16

A

BIM being incorporated
Comply with Public Contract Regulations
Update provisions relating to named specialists
Requirements to reflect CDM regs

24
Q

NEC4 Optional CLauses

A

Changes in Law
Inflation
Delay damages
Termination by Client