You have been asked to write a report for the employer. She is anxious that the contractor can start on site by the date for possession, however she has been advised that the parties may not be in a position to sign the contract by that date as the parties’ solicitors need time to perform due diligence. She is aware that in some circumstances work can started on site without signed contracts. Write a formal report for the employer outlining the options available highlighting their merits and potential consequences. The Project The project consists of the demolition of 1,100m2 of existing agricultural buildings, and the construction of a 1,800m2 School of Construction on the Smallford Campus at St Albans College, St Albans, Hertfordshire. See the outline drawings SofC 1 of 4, 2 of 4, 3 of 4, 4 of 4. The client’s representative – the college’s estates manager – has decided to proceed utilising a traditional procurement route and the design team has been appointed and consists of: • Architects – ABC design Ltd. • Structural Engineeres – I Bean Ltd • Mechanical & Electrical Engineers – Synergy Ltd and • Quantity Surveyors – CostaLot Ltd. Detailed production, tender and contract drawing have been produced by the design team and the quantity surveyors have produced Bills of Quantities. The contract is the JCT Standard Building Contract with Quantities 2016 (SBC/Q 2016). The completed contract particulars is provided in blackboard along with an information release schedule. The project has been tendered – following the JCT Practice note 2017 – Tendering. The tenderers were sent the tender documentation and five week later the following bids were received. • £2,701,259 • £3,128,372 • £3,158,483• £3,161,492 • £3,943,825 • £4,345,678 When checking the priced Bills of Quantities for the lowest tender an error was found which if corrected would increase the tender to £3,222,588. The specified ‘alternative 1’ procedure was followed. Although the foundation were fully designed by the structural engineers – pad and ground beams – there was a clause in the preambles which stated the contractor should ascertain for himself the nature of the ground in so far that they should make necessary provision, in their tender, for excavation and backfilling of soft spots with hardcore MOT Type1, and the making good thereof. An item was included in the Bills of Quantities for the contractor to add a sum of money for this purpose. The tenderers were encouraged and given permission to visit the site and carry out what ever investigations they deemed necessary, for their purposes. There was a site investigation report (included with the tender documents, marked ‘for information only’) but it was 10 years old and not very detailed. Possession of the site was given to the contractor on the date stated in the contract and the contractor started work on the site seven days later. Contract Administration and Practice (6PJMN005W) R. Malcolm Smith September 2021 Page 11 of 26 The certificate of Practical Completion was issued 25 days later than ‘date for completion’ of the works. Several incidents occurred during the administration of the contract, five of which are listed below. Many AIs were issued along with claims for extensions of time and loss and expense. Please note: that when we refer to the ‘Quantity Surveyor’ we are referring to the professional quantity surveyor who has been appointed by the client and when we refer to the ‘commercial manager’ we are referring to the contractor’s Quantity Surveyor.
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The post You have been asked to write a report for the employer. She is anxious that the contractor can start on site by the date for possession, however she has been advised that the parties may not be in a position to sign the contract by that date as the parties’ solicitors need time to perform due diligence. She is aware that in some circumstances work can started on site without signed contracts. Write a formal report for the employer outlining the options available highlighting their merits and potential consequences. appeared first on Apax Researchers.
