Contract Administration Flashcards
Can you explain how you would implement a change control procedure in D&B?
Use the change control procedure set out in the contract
- D&B contractor would submit a CRF to myself and the EA
- EA agrees whether change
- I then agree cost and recommend to EA
- EA gets approval from Client and then issues an instruction for the change.
What are the dangers of working on a bespoke contract?
It’s bespoke so less understood to all parties. Great care must be taken when administering
Role of Contract Administrator under JCT?
- Administers the construction contract
- Must act honestly and reasonable
- Issues instructions & EOT
- Certifies sums due
- Assesses delay and grants time and cost relief
How does the role of Employers agent differ from contract administrator?
- EA is seen as clients advisor
- Required to protect clients interest (CA must act impartially)
What is Practical Completion?
The works are generally considered to be practically complete when there are no outstanding defects and the building can be put to its intended use.
What would you do if the contractor has not completed by the pc date?
If I were acting as either the CA or EA I would advise the client to issue a non-completion certificate.
If date fixed after the notice then date cancels out the notice. Issue another if necessary. Client must give notice of intention to the contractor to deduct LAD’s. 5 days before the date of final payment.
What is a pay less notice
They intend to pay less than the payment notice or contract value
What must a contractor issue at PC
Operation and Maintenance Guides (O&M)
Health and Safety File
What would you do if some defects aren’t completed at end of defects period
- CA to issue defect schedule and give instruction to contractor to complete within 7 days.
- Do not issue certificate of making good at this point.
- If still not complete then cost the remaining and subtract from retention.
Partial Possession challenges
LAD’s to be reduced accordingly
1/2 retention released for that part (could be hard)
Contractor has not programmed for it.
What does CA do at partial possession
CA issued notification of partial possession
What does CA do at Sectional Completion
Certificate of sectional completion
Can you explain what is good practice with regards to latent defects as a CA?
If a latent defect are discovered after PC and during the rectification period
* Contractor will be liable for direct costs reasonably incurred by the client as a result
* This will include the cost of any appropriate remedial works and also any loss of profit or such like reasonably suffered by the client.
What is a defect?
Works that have been completed but not to an acceptable standard
How can an employer deal with a Latent Defect
Latent defects are outside of terms of the contract and not enforceable by the contract, however the employer can seek redress through breach of contract. 6 years for underhand and 12 as deed..
Defective Premises Act 1972 - Seek redress for damages through breach of contract, or for negligence
The Latent Damage Act 1986 - provides the claimant with three years, from the date when they knew or should have known or a problem, to issue proceedings.
