FEEDBACK

TEST NO. I

BE337 CM337; PROFESSIONAL PRACTICE/ CONTRACT PROCEDURES AND ADMINISTRATION 

TEST NO 1; FEEDBACK (HOW YOU SHOULD HAVE APPROACHED THE QUESTIONS)

QUESTION ONE

Needs for having standard conditions for building contract

1. What is the use of form of contract?

……

……

2. What does the form do? For instance

ü  Modify the general law i.e. transfer some risk from contractor to employer regarding damage to the works.

ü  Etc.

3. Define other contract documents

4. Etc.

QUESTION TWO

Necessity of including clause no 3 in the NCC to specifically give powers to the Architect to issues instructions.

………………..

1. Briefly elaborate the nature of the contract, particularly parties’ pt the contract, ‘privity of contract’.

2. Go to explain the necessity

It is important to plan the flow of your answer

QUESTION THREE

(i)& (ii) were straight forward, just to give the meaning of the terms, illustration/ and examples would have attached more credits.

iii. Defenses open to contractor

ü  Agreed sum is a penalty

ü  Omission of date in contract

ü  Waivers

ü  Final certificate

ü  Employer causing delay

ü  Breach of condition precedent

ü  Extension of time

ü  Etc.

iv. If liquidated damages provision fail;-

Employer may sue the contractor for unliquidated damages. In this case the employer to prove in court of law that there was indeed a breach.

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