Ppe Syllabus 5 - Contract Management

Front 1

Methods of discharge of a contract (4 marks)

Back 1

1. By performance

2. By agreement

3. Acceptance of breach as repudiation

4. By frustration

Front 2

Circumstances where employer/contractor can terminate a contract (7 marks)

Back 2

1. Contractor offer gratuities (bribes, discounts, loans)

2. Contractor failure to proceed regularly and diligently

A. Employer fails to pay contractor (default of employer)

B. Employer preventing contractor from entering site (repudiatory breach)

Hint 2

Employer may terminate if...

Contractor may terminate if...

Front 3

Information to be in contractor's EOT claim (5 marks)

Back 3

1. Basis of claim (cause)

2. Identification of the delay (alleged activities)

3. Substantiation of claim (reasoned details of happenings)

4. Evaluation of EOT (days claimed)

5. Cost implications, if any

Front 4

Event/issues for a valid EOT claim (8 marks)

Back 4

1. Variation work instructions

2. Late drawings by Architect

3. Delay of tradesmen

4. Delay/prolonged testing of work

5. Inclement weather

6. Delayed work of NSC

7. Discovery of antiques

8. Unforeseeable shortages

Hint 4

First 4 are monetary claims

Front 5

Evidence/records to examine in determining a valid EOT claim (4 marks)

Back 5

1. time of notification (28 days of event)

2. cause and justification of reasonable understanding, delayed by external factor where contractor demonstrates effort to progress

3. site record related to claim + program

4. PCOW opinion and site diary

Front 6

Contractor fails to complete within extended contract completion date. Refer to a form of contract. (8 marks)

Back 6

In a lump sum contract:

1. Employer is entitled to recover liquidated damages.

2. Contractor is obligated to complete the works.

3. Liquidated damages calculated according to contract.

4. Damages are determined by the surveyor.

5. Period calculated includes day following completion.

6. Rate of damages does not include part of works omitted in an instruction by RLA.

7. Liquidated damages paid are not a penalty against the contractor.

Front 7

Describe how liquidated damages are formulated, implemented and enforced in a contract. (5 marks)

Back 7

Formulated:

1. LD shall be calculated using the rate per day described in contract.

2. Rate is included in Form of Tender (appendix)

3. Values are determined and certified by a surveyor.

Implement/enforce:

4. Employer entitled to recover damages after contract completion date +if any, EOT period.

5. Performance bond protects employer if MC fails to finish (retention money)

Front 8

Explain relationship between Architect, Contractor, Sub-consultant, Domestic-sub contractor. (4 marks)

Back 8

1. the 3 core parties in a contract are Client, Architect and Contractor.

2. Parties are bound by contract with specific roles.

3. Power of instruction is given to Architect as professional representing the Client.

4. Contractual chain for communications is between Architect and Contractor with each parties relevant subsidiary.

Front 9

Contractor fails to carry out instructions which do not alter basic scope of contract. Actions and remedies. (4 marks)

Back 9

1. Removal of unsatisfactory work/materials by MC

2. Architect granted power to instruct contractor to remove/re-execute task

3. Work rectification is subject to contractor's own cost/resources

4. Work to be completed in accordance with contract requirements/specifications

(unliquidated damages?)

Front 10

In a large complex project, explain why Clerk of Works should be employed. (4 marks)

Back 10

1. has role to represent interests of client in regards of works/materials are in accordance

2. share responsibility of site management (with RLA) and create a more streamlined record of works

3. Would regularly check the compliance of works, and report/record progress of site.

4. Provides a direct agent on site between the Architect and the Contractor

Front 11

Duties of Clerk of Works in project. (6 marks)

Back 11

1. maintain register of drawings and all related contract documentation.

2. Notify architect of any errors in drawings.

3. Notify architect of any site problems.

4. Inspection/ checking of works.

5. Issue verbal instructions/directions.

6. Maintain a daily diary/site record.

7. Submit weekly/monthly reports to client.

Front 12

Relationship /roles of PCOW with 1) Client. 2) Landscape consultant. Refer to issuance of instructions. (6 marks)

Back 12

1. Role of PCOW is to represent the client/ architect in regards of ensuring the standard of materials/ workmanship are in accordance

2. PCOW is an Architect's Representative on site.

3. Directly oversees the works and records happenings.

4. No authority to give instructions but can give directions.

5. Directions will have no effect on the contract; until the Architect confirms/ issues written instructions.

Front 13

Contents of a site diary by architect rep. (4 marks, 7 items)

Back 13

1. Labor (manpower provided for works)

2. Plants (construction plants on site)

3. Materials (delivered, approved and installed)

4. Utilities (electric, gas, water, etc)

5. Works carried out by contractor that day

6. Instructions issued by architect that day

7. Miscellaneous items that affect work (weather, external factor)

Front 14

Purpose of a Site Diary by AR. (6 marks)

Back 14

1. Diary is a document of "first record"

2. Contractor to sign/agree daily

3. Daily records of factual info/occurrences on site

4. to assess contractor claims/EOT claims.

5. Used in disputes between Arch and contractor

6. Site dairy is admissible in court in case of dispute

7. Used to record attendees to allow MC invoicing /rates

Front 15

How is the site diary prepared and who agrees it as a formal record (3 marks)

Back 15

1. Contractor is to provide a daily return on required information to PCOW

2. AR to assess and confirm daily return is correct and record info in the site diary.

3. Authorized Agent (contractors representative) signs the site diary daily, indicating his agreement to the information recorded.

Front 16

Purpose of retention money and uses in various stages. (5 marks)

Back 16

1. Retained from amount due to contractor, to ensure works are completed as required. (up-to limit of retention, usually 5%)

2. Employer may use to reimburse: i) non-compliant work. ii) premiums for insurance if MC fails to insure. iii) liquidated damages (late completion. iv) payments to NSC.

3. Half released on Practical Completion and half released on Maintenance Certification.

Front 17

Affects on retention money (bond) by sectional completion or contractual claims. (? answer)

Back 17

?

Front 18

Method a Quantity Surveyor values added works with no item or rates in the Bills of Quantities. (6 marks)

Back 18

(GCC Clause 61)

1. where work is similar character and executed under similar conditions, may be valued at the rate set out in contract.

2. where work is considered different, QS to best value at a rate based on the rates in the contract so far as may be reasonable.

3. Failing which, at a rate agreed between QS/MC.

4. Failing to reach agreement, QS shall fix such rate in his opinion reasonable and notify MC accordingly.

Front 19

Process for an interim payments. How the payment is made, assessed and settled. (7 marks)

Back 19

Clause 78

1. Contractor provides statement to QS, including: i) estimate of work done up to end of period ii) materials delivered to site for permanent work iii) other estimate sum MC considers due

2. QS to value and certify statement. i) estimate value of works executed and materials delivered. ii) estimate sum payable in respect of NSC

3. Surveyor may omit any payment deemed improper, ie. Unsatisfied architect

4. Within 21 days of QS cert issuance, employer pays MC

Front 20

In construction of park, retaining wall collapses blocking only access to site. RLA actions to take following accident. (8 marks)

Back 20

1. Notify contractor to clear passageway

2. Written record w/ photos the accident: i) incident date and location ii) valuation of damages/losses iii) assessment on clauses of occurrence

3. Assess, if any, the liable party of accident

4. Advise on preventive measures

5. Report the injuries suffered

Front 21

Retaining wall collapse caused by adjacent site drain blockage. Affect on contract. Who/why is liable. (6 marks) paper 2011 5b

Back 21

1. Contractor may suffer delay and additional work caused by collapsing incident. i) removal/remedies of occurrence ii) contractual claims by MC/injuries

2. Losses accountable to adjacent site owners. ie. i) retaining wall failure onus on neighbors ii) Lack of maintenance of blocked drains

Front 22

Items to be included in contractors master programme. (4 marks)

Back 22

1. Show sequence, method and timing for works described in contract.

2. Include allowance for specialists works and work by utility undertakings

3. Particular arrangements of construction plants and temporary work MC intends to supply

4. Milestone dates to include i) commencement ii) material delivery iii) site formations such as structure/utilities iv) installations and finishes v) planting works

Front 23

Events in which contractor shall submit/update the master programme. (4 marks)

Back 23

1. As soon as possible after (14 days) of the Letter of Acceptance / contract formed.

2. Date of granting of an Extension of Time

3. Upon receiving notification from RLA that progress is too slow / behind schedule

4. Upon written request from RLA

Front 24

Duties and powers of Resident Site Staff. (6 marks)

Back 24

RSS duties:

1. Regular inspection of works (visual checking)

2. Record progress of works

3. Record correspondences (queries and instructions)

4. Record materials delivered and approved.

RSS powers:

5. Provide directions on tasks to contractor

6. Accept/reject materials on Architects behalf

7. Ensure appropriate workmanship and safety

Front 25

Role of an Engineers' Representative. Can a Landscape Architect be ER? (5 marks)

Back 25

Check

Hint 25

Similar to an Arch Rep?

Front 26

Contractor engages land surveyor to set out all (new) trees in contract. Actions for Resident Landscape Architects to take. (4 marks)

Back 26

1. Confirm drawing set with contractor/architect is the latest revision.

2. Visually check setting out locations of trees follow drawings. (May request visual markers ie staking)

3. Approve/disapprove setting out in role of LA.

4. Record setting out with contractor for project diary.

Front 27

Items to discuss in an initial contract meeting

Back 27

?

Front 28

Novation of contract

Back 28

?