Project Roles Flashcards

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1
Q

Name the main roles within NEC4

A

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

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2
Q

What are the clients implied obligations

A

-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

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3
Q

What are the clients express obligations

A

-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

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4
Q

Contractors implied obligations

A

-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

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5
Q

Contractors express Obligations

A

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

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6
Q

Who is the PM appointed by

A

Client

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7
Q

Remedies for breach

A

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

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8
Q

Remedies for Clients Breach

A

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

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9
Q

Remedies for Contractors Breach

A

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

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10
Q

Main headings for PM obligations

A

-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

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11
Q

Obligations of Supervisor

A

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

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

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12
Q

What are the decision making functions of the PM

A

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)

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13
Q

What are the agency functions of a PM

A

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.

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14
Q

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

A
  • Agency functions and decision making functions contradict each other
  • PM has to satisfy the client, but has to be fair and impartial
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15
Q

What is the difference between the supervisor and adjudicator

A

-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

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16
Q

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

A

-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