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Question 1

23 Jan

Question 1

  • Discuss and critically analysis the role of the contract administrator in avoiding and setting dispute between the parties under the NEC3, ECC and the JCT
  • Is a disagreement a dispute?
  • What is the CA’s role in preventing dispute?
  • Example from the standard forms
  • Softer aspects of dispute avoidance
  • CA’s role in settling dispute

Question 2

  • A three part question about the advance payment provision in ECC (Clause x 14)
  • A project with 18 monthly payments. Draw a table and follow the rules in Clause X14
  • Advantages and disadvantages of advanced payments
  • Cash flow for contractor – therefore, reduced financing costs
  • Lower tender prices
  • Encourages supply chain
  • Disadvantage is the risk in paying money upfront – Bond or PCG required as security
  • Study the JCT contract particular (ref: to intermediate contract is from a paper I set at a previous institution)
  • Explain the entries you would make to allow for £750,000.00 advanced payment in a £4,000.000.00 JCT contract and what you would add recover the payment in a similar fashion to that in part a)

Question 3

  • A four part question based on the termination table in ECC

Under an ECC contract the Employer wishes to termination the contract because of a major reorganisation and policy change by the employer’s parent company. The contract price is £10m and the contractor has been paid £2.5m for the work done at the time of the termination. Advise the contractor about

  • The contractual grounds for termination
  1. ?
  • The process that will be followed
  1. ?
  • The elements of compensation that he can expect
  1. ?
  • What redress he has if he is not happy with the compensation
  1. ?

Question 5

  • Under a JCT intermediate building contract calculate the amount due in the contractor’s march application given
  • The value work done on site is £95,00.00
  • The value of goods and materials on site is £36,250.00
  • There are not listed items
  • Planning fees for detailed planning consent are £750
  • The contractor has claimed for loss and expense for errors and inconsistences amounting to £10,250
  • The insurance premiums paid by the contractor are £2,350.00
  • The employer has spent £11,00.00 in getting another contractor to defective work that you were instructed to carry out – but failed to do
  1. There are no entries in the contract particulars regarding the clause and the previous total of amount certified is £105,400.00.
  2. Describe the contractual process and programme for making this payment.
 
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Posted by on January 23, 2017 in academic writing, Academic Writing

 

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