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Flashcards in JCT & Submission Specifics Deck (27)
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1
Q
What are the processes for Traditional?
Procurement
Contract Documents
Terminology 
Contract Provisions
Variations
Payment
Final Account
A
Procurement 
Design Bid Build
Fully developed design
Cost Certainty
Design Risk Retained

Contract Docs
Specification
Design Drawings
Bill of Quantities

Contract Provisions
"Variation"
CA/Architect acts impartially
Article 4 refers to CPs
Final Statement (Final Account)

Payment
MC not required to submit Interim Val
No Notice, default payment

2
Q
What are the processes for D&B?
Procurement
Contract Documents
Terminology 
Contract Provisions
Variations
Payment
Final Account
A
Procurement 
ER's given to MC
Stage 3 Design
Contractor Proposals
Contractor retains design risk
Cost Certainty

Contract Docs
ER’s
CP’s
CSA

Contract Provisions
"Change"
EA acts on behalf of the Client
Article 4 - No QS
Final Adjustment (Final Account)

Variations
MC to issue quote within 14 days of change being identified

Payment
MC required to submit Interim Val

3
Q

Main differences between Trad vs D&B

A
EA/CA
Payment provision
Terminology
ER's / Specification 
Final Statement / Final Adjustment 
CSA vs Contract Sum
4
Q

Talk me through the change process on your project?

A
Contractor notifies of change
Agreement of change
ECR
Assessment of ECR by QS 
Agreement of value
EAI Instruction
5
Q

Why use standard form of contracts? (JCT, NEC)

A

Tried and tested

Common in industry

6
Q

Why intermediate over minor works?

A

Minor Works;

  • upto £250k
  • no L&E
  • No EOTs
  • No Sectional Completion

Intermediate

  • > £250k to £1m
  • Provisions are included for collaborative working, sustainability, advanced payment, bonds and collateral warranties.
  • It also specifies more detailed liability and insurance issues.
7
Q

Name some contract amendments on your project?

A
Level of retention
Rectification period 
Relevant Events - Covid19
Payment Period
Evidence of payment to SCs
CWs instead of TPR
8
Q

Can you talk me through the process on materials on site claims on IVs?

A

Cls 4.13.1.2

“materials adequately protected against weather and other casualties and are not on works prematurely”

9
Q

What is the Final Statement (D&B)

A

Final Statement becomes conclusive on the Final Due Date

10
Q

When is the final Due Date under D&B?

A

1 month after whichever of the following occurs last
 Expiry of the rectification period
 Notice of Completion of Making Good
 Date of submission of the Final Statement

11
Q

What are the Final Account and Final Certificate procedures under JCT SBC?

A

The Contractor must provide all of the necessary information within 6 months of
Practical Completion.
The CA/QS must issue the final account to the Contractor within 3 months of receiving
all information.
The Final Date for Payment - shall be 28 days from the due date.

12
Q

What are the Final Adjustments procedures under JCT DB?

A

Carry out final Interim Valuation
PC issued

The Contractor must issue a Final Statement:
- within 3 months of Practical Completion
|
Contractor does not submit Final Adjustments
|
Employer issue notice that FA must issue within 2 months otherwise Final Adjustments issued by Employer anytime after 2 months

13
Q

What is Loss and Expense?

A

Direct loss or expense for events that the employer is responsible for. Excludes ‘consequential’ losses

14
Q

JCT Procedure for Loss and Expense?

A

Contractor to make application as soon as it has become and submits substantiation
CA/EA to ascertain L/E claim

15
Q

What are the programme requirements under JCT?

A

JCT SBC requires a master programme to be issued as soon as possible after execution of the Contract

16
Q

Explain the JCT procedure for extensions of time and timelines?

A

o By in writing
o State cause of delay
o Identify Relevant Event
CA must issue the relevant notice within 12 weeks of the contractor’s notification

17
Q

JCT 2011 to 2016

A
Intro of HGCRA Payment Terms
CDM to PD
BIM Protocols
PGC or PB in CPs
All risk insurance added
18
Q

Payment timeline and procedures? Which Alternative?

A

Alternative B - Interim Payments

19
Q

What is Loss and Expense?

A

Direct loss or expense for events that the employer is responsible for. Excludes ‘consequential’ losses.

20
Q

When are there grounds to refuse partial possession?

A

If there is clear indication there it may affect the health and safety on the project

21
Q

What would you do if the Contractor didn’t submit an interim valuation?

A

I would carry out my Valuation as I would every month - using the previous month valuation I would visit site and quantify what has been completed on site.

22
Q

What is an Extension of Time?

A

An extension of the PC Date due to a relevant event that has occurred

23
Q

How did your contract consider the impact of Covid-19?

A

There was a relevant event added that took into consideration the progress of works affected by Covid-19.

24
Q

What must be included as part of the final account?

A

“as full and final settlement” wording

Signed by both parties

25
Q

Can you name some key obligations of the Contractor under D&B?

A
Complete the design for the works 
Supply all "as-built" drawings
Complete works in a workman-like manner 
Submit interim valuation
Insurances (if stated)
Instructions
Workmanlike manner
Meeting the ER's
Abide by regulation
26
Q

What is the process for taking LDs?

A

Issue non completion cert

Assess level of LD’s

27
Q

Can adjudication be removed from a construction contract?

A

I would always seek advise from a legal team regarding any contractual mechanisms / amendments, however, I am aware that adjudication will apply under the Construction Act