Level 3 Flashcards
(16 cards)
Talk me through your experience of resolving disputes / assessing and recommending entitlement for extension of time / assessing and recommending entitlement for loss and expense.
Resolving Dispute
-Facilitated a meeting with both parties to review timelines and responsibilities.
- Examined the programme and critical path, identifying where work could reasonably have continued
-Recommended a partial EOT, while encouraging the contractor to resequence work and recover time elsewhere.
EOT Request - Delays caused by the discovery of asbestos.
- checked whether the delay was a Relevant Event under the JCT contract (employer delay)
- Reviewed the programme and determined the delay did impact the critical path.
- Assessed whether the contractor acted reasonably to mitigate the impact (they had scheduled other work).
Evaluating Loss and Expense - submitted a loss and expense claim for £6,200, including site supervision, prelims, and plant hire due to access delays caused by client-requested phasing changes.
-Confirmed the delay was a Relevant Matter under the contract.
-Requested detailed breakdown and substantiation: invoices, site diary entries, and time sheets.
-Identified some duplicated costs and unsubstantiated items.
-Held a meeting with the contractor and QS to negotiate a fair settlement
Extension of Time (EOT) Review Checklist
✅ Step Description Notes
1 Check contract clause (e.g. JCT clause 2.27) Ensure EOT is permitted for the stated reason
2 Identify Relevant Event e.g. late info, client delay, force majeure
3 Review programme Confirm impact is on the critical path
4 Check mitigation Did contractor try to resequence or work elsewhere?
5 Review supporting evidence RFI log, delay notices, progress reports, site diaries
6 Assess duration Ensure claim matches actual delay, not inflated
7 Issue recommendation Clearly record days awarded and justification
8 Notify Building Control/stakeholders if needed Update timelines, handover dates, etc.
Loss & Expense Claim Assessment Checklist
✅ Step Description Notes
1 Confirm Relevant Matter e.g. delay due to client-side change
2 Review contractual entitlement JCT clause (e.g. 4.20) confirms eligibility
3 Request breakdown of costs Site supervision, prelims, plant hire, etc.
4 Request evidence Invoices, time sheets, hire receipts, diary entries
5 Check for duplication/exclusions Avoid double-claiming with provisional sums
6 Assess reasonableness Are rates/time periods fair and industry standard?
7 Negotiate with QS/contractor If necessary, meet to agree a reasonable figure
8 Document outcome Formal response and adjustment to final account
How have you advised all parties of their contractual rights and obligations?
Contract Briefing Meeting: I arrange a pre-start meeting where I walk through key elements of the contract (e.g. JCT Minor Works or Intermediate).
I clearly outline:
*The roles and responsibilities of each party
*The notification procedures (e.g. for delay events, variations)
*The importance of programme updates and regular reporting
*I provide a summary document highlighting critical clauses (e.g. EOT, valuation, defects
In a school refurbishment, the client wanted late changes to room layouts. I advised that:
*Variations must be confirmed via written instruction
*The contractor had the right to claim for cost/time under JCT Clause 2.26
*The client needed to provide prompt sign-off to avoid delaying the programme
*By managing this process clearly, I avoided confusion, kept costs under control, and maintained good working relationships.
When have you agreed a completion of certification and a final account?
Agreeing Completion Certification & Final Account
*I issued a Practical Completion Certificate after inspecting works and confirming they were safe, usable, and mostly defect-free.
*This triggered the release of half the retention and started the defects liability period.
I worked with the QS and contractor to review all valuations and variations, ensuring no outstanding claims.
*Agreed and signed off the Final Account with supporting evidence.
*Issued the Final Certificate after the defects period, releasing the remaining retention.
How have you outlined and recommended to a client the proposed contract preliminaries?
Advising on Contract Preliminaries
*I explain preliminaries to the client as the project rules covering site access, working hours, welfare, and health & safety.
*I tailor them to the project’s specific needs (e.g. phasing for schools, limited working hours).
*I recommend clear responsibilities for the contractor (e.g. waste removal, security, temporary services).
*Preliminaries are included in the tender documents to manage risk, support pricing, and reduce disputes.
How have you assessed the quantum of a contractor’s claim?
Assessing the Quantum of a Contractor’s Claim
*I start by reviewing the basis of the claim and check it’s contractually valid.
*I assess the evidence provided (e.g. timesheets, invoices, diaries).
*I compare costs against market rates and contract terms, adjusting for any duplication or lack of proof.
*I provide a clear recommendation to the client, supporting fair and justified settlement
Tell me about when you’ve been involved in advising on contract modifications with a client or subcontractor.
Advising on Contract Modifications
The client requested a flooring upgrade mid-project.
*I advised it would be a formal variation under the JCT contract, impacting cost and programme.
*I liaised with the subcontractor to get revised costs and timelines.
*I provided a recommendation to the client, issued a CAI, and ensured the change was reflected in valuations.
*The modification was delivered smoothly with clear communication and documentation.
Tell me about some of the modifications you’ve advised on and why.
*Assessing the impact of the modification on both cost and programme.
*Liaising with specialists (e.g. fire safety consultants, energy assessors, M&E contractors) to ensure that modifications were feasible and met regulatory standards.
*Advising the client on the benefits (e.g. improved safety, energy efficiency, or future-proofing) and the long-term return on investment for each change.
Tell me about when you have provided reasoned advice any specific matters of a contract.
- Review the Claim Submission
_Has the contractor submitted the claim in writing?
-Was it submitted within the contract timescales (e.g. 14 days under JCT)?
-Does it include a clear explanation of the cause of delay? - Identify the Cause of Delay
-Is the delay linked to a Relevant Event under the contract?
Variations, Employer delays, Exceptionally adverse weather, Force majeure, Civil unrest/strikes
Is the delay within the contractor’s control (e.g. procurement issues)? If yes, EOT likely not valid. - Review Supporting Evidence
-Site diaries or photographs
-Supplier correspondence or delivery records
-Revised programme showing impact on critical path
- Labour and resource logs
📈 4. Assess Programme Impact
-Has the delay affected the critical path?
-Could the delay be mitigated by resequencing or resource increase?
-Confirm revised completion date if EOT is granted
📄 5. Document Your Decision
-Provide a written response to the contractor outlining:
-Whether the claim is accepted, rejected, or partially accepted
-The reasons behind the decision
-Keep all assessments and correspondence on file
✅ 6. Advise the Client
-Explain the contract basis for your decision
-Confirm any effect on programme or practical completion
- Discuss if mitigation or recovery measures are needed
Talk me through when you’ve led the selection of a form of contract for a project.
- Understanding the Project Requirements
- Contract Form Options Considered against the project requirements
- JCT Contractors Decision Tree helped to select the form of contract
- Implementation
I drafted the contract particulars, ensuring retention, insurances, and contract sum were clearly stated
Talk me through when you’ve evaluated the appropriateness of a proposed contract amendment.
Proposed Amendment: Contractor requested a reduction in retention from 5% to 2.5%, with early release at practical completion rather than at defects rectification
Talk me through when you evaluated the implications of a proposed contract amendment.
- Understand the Proposed Amendment
-what is being changed
-who benefits and why it being proposed - Review the Original Contract Terms
- Compare the proposed amendment against standard form
-what is being altered - Assess the Risk and Impact
- does this shift risk unfairly
-commerical impact - Consider Project-Specific Factors
- Seek Legal or Professional Input (if needed)
- Provide Reasoned Advice
I summarise the advantages, risks, and potential outcomes of accepting the amendment
Westvale Nursery - What was the lead time during the tender period? How did you assess this delay? What was the disadvantages of the alternative product? How did you review the associated cost savings? Upon reflection how would you have handled this differently?
Review the Programme – Identify critical items and activities that could impact the project timeline.
Evaluate the Impact of Delays - the delay would have had a knock on affect on the rest of the programme therefore the decision was taken to use an alternative product.
Upon reflection I would have:
Engage Suppliers Early – Confirm manufacturing and delivery lead-in times for key materials.
Track Procurement – Monitor order dates and delivery schedules against programme milestones.
Assess Impact – Check if delays affect the critical path or can be absorbed.
Alt Bridge - Why was the floor different from the pre-start meeting? Did you review excepting the alternative product? What impact on the quality and finish did this have? Why did you deem a 12 month rectification period being sufficient?
The site manager was working from the original project drawing which still showed the flooring in the store room as carpet and not vinly. The impact was the carpet would not have been fit for purpose.
12 month rectification period
I deemed a 12-month rectification period sufficient as it aligns with industry standards, such as those set out in JCT contracts. This duration allows the building to pass through a full seasonal cycle, helping to identify potential issues like thermal movement, moisture ingress, or M&E system defects. It provides a fair balance between the contractor’s responsibility to return and rectify defects, and the client’s need for assurance post-completion. The period also supports effective scheduling of any remedial works prior to final account settlement
What did you assess when you re-attended during the defect liability period?
✅ 1. Visual Inspection of All Finished Areas
Check for superficial defects like cracks, shrinkage, poor finishes, or staining
Inspect junctions, seals, and edges for movement or deterioration
🛠️ 2. Functionality of Key Elements
Test mechanical systems, fittings, and moving parts (e.g. doors, windows, M&E systems)
Ensure proper operation of services, especially heating, ventilation, and lighting
💧 3. Signs of Water Ingress or Damp
Look for staining, blistering paint, or musty odours, especially after seasonal weather changes
Pay particular attention to roofs, windows, and wet areas like bathrooms or kitchens
📋 4. Comparison to Completion Records
Review original snagging lists and ensure any previously reported defects have been rectified
Check compliance with specification and contract documents
🧾 5. Client Feedback
Gather input from the occupiers or facilities team on any issues that have developed in use
Ensure any user-reported defects are added to the final list
🔚 6. Compile and Issue Final Defects List
Formally document any remaining issues for the contractor to address before certificate of making good defects is issued
