Project Roles

Question 1

Name the main roles within NEC4

Answer 1

-Client
-Contractor
-Project Manager
-Supervisor
-Subcontractor
-Adjudicator

Question 2

What are the clients implied obligations

Answer 2

-Cooperation with contractor
-Non- hinderance of contractors contract completion
-Facilitation of contractors completion- e.g. London Borough of Merton V Stanley Hugh Leach Ltd (1985)
-But cooperation only needs to be sufficient to make contract workable- e.g. Glenlion Construction Ltd V Guinness Trust

Question 3

What are the clients express obligations

Answer 3

-Pay contractor as per contract data
- Necessary appointments between PM and supervisor
-Grant access to and use of site on or before access date
-Take over works at completion

Question 4

Contractors implied obligations

Answer 4

-To complete the works on time and in accordance with the provisions of the contract
-To do the work with proper care and skill- e.g. Young and Marten Ltd v McManus Childs Ltd (1969)
-To warrant materials or goods supplied are of satisfactory quality- Consumer Rights Act 1975

Question 5

Contractors express Obligations

Answer 5

-Standard of Work
-Cooperation with others
-Coordination and Management
-Transfer of title to unfixed materials

Question 6

Who is the PM appointed by

Answer 6

Client

Question 7

Remedies for breach

Answer 7

o Assessment of damages- Hadley v Baxendale (1854)
o Mitigation of loss- British Westinghouse v Underground Railings Co (1912)

Question 8

Remedies for Clients Breach

Answer 8

o Contractors Entitlements
o Loss of profit on uncompleted work
o Work done at contract prices
o Delay/disruption claims
 Increased preliminaries
 Overheads
 Loss of profit
 Loss of productivity
 Costs as a result of inflation
 Interest charges

Question 9

Remedies for Contractors Breach

Answer 9

o Clients’ entitlements
o Cost of completion
o Cost of rectification
o Damages for delay
o Inconvenience and distress suffered

Question 10

Main headings for PM obligations

Answer 10

-Issuing information, instructions, and notices
-Coordinating, attending and inviting others to early warning and problem solving meetings
-Acting as impartial certifier
-Design duties
-Supervision duties
-Certification duties

Question 11

Obligations of Supervisor

Answer 11

Checking work has been done to scope- and checking for defects

Works inspector and certifier
-Works testing
-Works superintendent
-Record Keeper

Question 12

What are the decision making functions of the PM

Answer 12

o Certification: A determination on a matter allowed for under the contract
 Token Construction V Charlton Estates (1973)
 Examples of certificates- completion certificate, termination certificate, take-over certificate, payment certificates (interim and final)

Question 13

What are the agency functions of a PM

Answer 13

Agency Functions- employer-employee relationship
o Controls milestones, key dates, programmes- manage works progress
o Manage project budget
o Issuing instructions, supply information
o Managing works
o Managing the teams- constructors, designers
o Co-ordination, meeting etc.

Question 14

What is the paradox between the agency functions and decision making functions of a PM

Answer 14

• Agency functions and decision making functions contradict each other
• PM has to satisfy the client, but has to be fair and impartial

Question 15

What is the difference between the supervisor and adjudicator

Answer 15

-Supervisor is appointed by the client, can be part of their staff or 3rd party. Responsible for testing and defects

-Adjudicator is 3rd party and only involved if there is a dispute

Question 16

One of the contractors express obligation is transfer of title to unfixed materials- what does this mean?

Answer 16

-Materials are only owned by the client when incorporated into the building

-A vesting clause is required to transfer title to unfixed materials from contractor to client when payment is made