Contract Practice Flashcards
What are the key differences in the JCT MW and IC?
Sections of work
Possession of site
Collateral warranties
no provisions for testing/opening up
No express provisions loss and expense
What insurance options are available in the JCT MW? Are they different to IC contract?
Three options
- 4a - contractors takes out works insurance and both parties is covered (to be used hen no existing structures)
- 4b - Employer arranges insurance and this if for existing structures but cover is not on all risks basis and applies to specifiedperils.
- 4c - two separate policies taken out by contractor (for the works) and employer (for the property)
When might sectional completion be useful and which JCT Contracts allow for this?
Large projects when various sections are completed at different stages.
Queens
Ldubs
RBPP
Provided for in most contracts apart from MW / MWD
If you do not have sectional completion in a contract, are there any other options post contract?
Partial possession
What are the facts to highlight for partial possession and things to be conscious of?
LDA are reduced
Retention for that element can be released
Insurance must cater for this
Be careful that this doesn’t cause impediment by the employer
When might you wish to use a letter of intent?
One instance - when the contractor (the recipient) will be incurring costs and overheads to bring the works to site.
What information is included in a letter of intent?
?
What is a collateral warranty?
Provisions of a duty of care to a third party who is not in the original contract.
Why was a collateral warranty required for LWubs?
These were a condition of the funder.
Have you any experience of novation?
DTC design responsibility for Novenco fa.
This could have be complete through assignment however novation enabled transfer of higher degree of responsibility.
Also for the D&B at Zo
Why was sectional completion required at LWubs and what impact did this have on contractual mechanisms?
Works to stairs/ Disabled WC/ risers (all as one)
The north stair (works above) were being complete prior to PC. These areas were tenanted and were required to be handed back ASAP.
What information formed contract documentation at LWdubs?
?
Were meeting minutes recorded during the progress minutes? Why are these important?
Instructions can be confirmed- check hazzas notes
What is the difference between CA and CP?
CP -Production of contract docs -Status of contract docs -Third Party Rights -Apply contractual provisions (sectional completion, Retention, PC) - CA -Issuing instructions -Payment provisions -managing variation process issuing certs
