JCT Intermediate Flashcards
(32 cards)
What is the main difference between the JCT Intermediate Contract (IC) and the JCT Intermediate with Contractor’s Design (ICD)?
The contractor is responsible for both the construction and the design of certain aspects of the project under ICD, while under IC, the contractor is only responsible for construction.
What is the contractor’s responsibility under the JCT ICD regarding design?
The contractor is responsible for the design of certain parts of the project, in addition to the construction work.
How does the employer provide design information to the contractor under the JCT ICD?
The employer provides the contractor with the Employer’s Requirements, which outline the design specifications and expectations.
What is the procedure if the contractor’s design does not meet the Employer’s Requirements?
The contractor must revise the design to meet the Employer’s Requirements, often at their own cost and within a specified time frame.
Who is responsible for checking the contractor’s design under the JCT ICD contract?
The employer may review and approve the contractor’s design, but the contractor remains fully responsible for it.
What must the contractor submit to the employer before starting work on the design?
The contractor must submit design documents, including drawings and calculations, for approval by the employer or their representative.
What happens if the employer fails to approve the contractor’s design on time?
Delays in approval may lead to an extension of time for the contractor to complete the project.
How are design changes handled under the JCT ICD contract?
Design changes must be formally instructed by the employer, and the contractor must adjust the project accordingly, with possible cost and time adjustments.
How does the JCT ICD contract handle delays in design approval?
The contractor may request an extension of time for completion due to delays in design approval, which could affect the project’s overall timeline.
What is the role of the project manager under the JCT ICD contract?
The project manager typically manages the process, ensures design compliance, and may review and approve certain aspects of the design, but the contractor retains the responsibility for design quality.
What is the contractor required to provide in terms of design documentation?
The contractor must provide detailed design documents, including drawings, specifications, calculations, and any other relevant material for the employer’s approval.
What happens if the contractor’s design is defective?
The contractor is responsible for correcting defective designs at their own cost, and the employer may be entitled to claim damages if defects lead to additional costs.
How is the time for completion determined under the JCT ICD contract?
The contractor must submit a construction programme showing the planned completion dates, and this is subject to any agreed extensions of time due to delays.
How are interim payments made under the JCT ICD contract?
Interim payments are made based on the value of work completed, including the design and construction phases, with payments certified by the employer or project manager.
What are the circumstances under which the contractor can request an extension of time under the JCT ICD?
The contractor can request an extension of time for delays caused by events such as variations, design changes, or delays in receiving the employer’s approval or instructions.
How is the value of work calculated for interim payments under the JCT ICD?
The value of work is calculated based on the contract terms, which include the value of the design and construction work completed, and any variations or changes that have occurred.
What is the contractor’s liability if defects occur in the design or construction?
The contractor is liable for defects in both the design and construction work and must remedy them at their own cost.
What happens if the contractor fails to submit the design on time?
The contractor may face penalties, such as a loss of entitlement to time extensions and additional costs to complete the work within the specified period.
How does the JCT ICD contract address unforeseen circumstances affecting the design?
The contract allows for adjustments to the contract sum and time if unforeseen conditions arise that affect the design or construction process.
What recourse does the employer have if the contractor’s design results in significant defects or fails to meet requirements?
The employer can require the contractor to remedy the defects at the contractor’s cost, and in some cases, they may claim for any additional costs incurred due to the defective design.
What are ‘Relevant Events’ in JCT forms of contract?
Reasons for adjusting a completion date, including:
* variations
* instructions
* deferment of possession of the site
* suspension
* works by statutory undertakers
* exceptionally adverse weather
* civil commotion
* terrorism and strikes
* any impediment, prevention or default by the Employer
These events can lead to an adjustment in the completion date of a project.
What is required from the contractor under Clause 2.27 of the JCT contract?
The contractor must give notice if progress is being or is likely to be delayed
This notice must detail the material circumstances and identify any Relevant Event.
What must the contractor include in the delay notice?
The notice must include:
* material circumstances
* cause or causes of the delay
* identification of any Relevant Event
* particulars of the expected effects on the completion date
This information can be included in the original notice or provided in writing as soon as possible thereafter.
True or False: The contractor is not required to specify the causes of the delay in the notice.
False
The contractor must specify the cause or causes of the delay in the notice.
