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.

More explanations

 

FEEDBACK II

TEST NO II

BE337 CM337; PROFESSIONAL PRACTICE/ CONTRACT PROCEDURES AND ADMINISTRATION 

TEST NO 2; FEEDBACK (HOW YOU SHOULD HAVE APPROACHED THE QUESTIONS)

QUESTION ONE

a) Procedure to be followed for completion of the works 

1. The employer to employ and pay other persons to carry out and complete the works.

2. The contractor on request by employer/architect within 14 days to assign sub-contracts for supply materials / carry out works.

3. Employer to pay suppliers / sub-contractors for materials / works not already paid for by contractor.

4. Contractor when required by architect to remove from site his temporary buildings, plant, etc within 30 days. Failure to do so the employer may sell and hold net proceeds to contractor’s credit.

5. Until completion of the works, employer not bound to make any further payment to the contractor.

6. Etc.

NOTE; it is crucial to demonstrate understanding of the procedures to be followed

b) Determination of final payment due to/from contractor:-

Architect to certify taking into consideration, issues under (A) and (B) below

(A)    Amount of expenses properly incurred by employer – elaborate

(B)    Amount which would have been payable on due completion in accordance the contract Brief explanation.

If the sum of (A) is greater than (B), the difference is an amount due from contractor to employer; and vice versa.

QUESTION TWO

Reasons for extension of time under clause 26 of NCC form are works delayed beyond date of completion / time previously fixed under this clause due to:-

a) Employer’s risks under Cl 22 (1) c

b) Exceptionally inclement weather

c) Architect’s instruction under Clauses:-  3 – authority of architect to issue instructions; 13.1 – variations; 24.2 postponement of works; or 39.2 –antiquities

d) Contractor’s non receipt of necessary information applied for in good time,

e) Delay by artists etc. engaged by employer

f) Opening up for inspection etc. –  Cl 8.3 - where work is in accordance with contract

g) Contractor’s inability to obtain materials etc. essential for the works

h) Contractor’s compliance with statutory requirements –Cl 6.1

i) Employer’s delay to hand over site

j) Employer’s delay to pay contractor.  

       Note; demonstrating understanding of the reasons through explanations was required.

Comparison of Clause 27 with Clause 26:-

Provisions under clause 26 that entitle the contractor to extension of time that may  also be attributed to default on the on the part of employer and/or architect (with the exception of Clause 27.1 (h) which has no equivalent in Clause 26), are the ones that give the contractor right to claim for loss and expense.