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Examine the JCT Standard Form of Building Contract, with Quantities, 2016 edition (latest amendment), to determine the procedures to be followed by the Contractor and Architect respectively, to deal with delays to the Works

BUILT ENVIRONMENT

Higher National Diploma

Year 2

QUANTITY SURVEYING

2019-2020

Quantity Surveying Practice and Management

Unit: 0072

Topic:  Delay, Disruption and Extension of Time

Assignment: 2

Course Co-ordinator: Elizabeth Daniels

Lecturer: SWR

Name:

Assessment Criteria Sheet

Assessment Criteria

`%`

Mark

1

Organisation and coherence of the work

15

 

2

Contents of work is clearly related to the area of study and  learning outcomes

20

 

3

Clarity of Expression- clearly expressed, articulate and fluent (accurate spelling & calculations.  Legibility, Professionalism (include sketches and pictures where necessary)

15

 

4

Level of analysis and synthesis

20

 

5

Use of literature and showing knowledge and understanding

15

 

6

Quality of referencing  and the use Harvard Referencing system

15

 

                                                                                                    Total

100

 

Assessors Comments/Feedback : (continue over the page)

Please come and discuss any doubts, queries or disagreement

             

 

Higher National Diploma

Year 2

Quantity Surveying Practice and Management

Assignment: 2

Unit: 0072

Brief

Aim

 

 

Task

 

 

To develop an understanding of the nature, principles and procedures associated with evaluation of delay, disruption to the regular progress of the works, extension of time and resolution of claims for financial loss.

Examine the JCT Standard Form of Building Contract, with Quantities, 2016 edition (latest amendment), to determine the procedures to be followed by the Contractor and Architect respectively, to deal with delays to the Works and the Contractor’s Loss andor Expense. In addition, outline the process for dealing with the Liquidated Damages provision under this form of contract.

In the course of your discussion, examine the involvement of the Consultant Quantity Surveyor in dealing with these matters and make reference to the case study scenario attached, where applicable

 

Hand out Date: 2nd December 2019

Hand in Date: 12th January 2020 @23:55 hrs

Word Count: 1,500 words

Weighting: 50%

  


 

Scenario

            The project is for the construction of a three storey home for the elderly plus ancillary buildings in the grounds of a former Victorian industrial building which is to be altered and extended to provide part of the accommodation.

          Project title:                   Southall Home Development (SHAD).

          Client:                            Retirement Homes Limited.

          Design by:                     Capable Associates and Design (CAD).

          Contractor:                    West London Contractors Limited. (WLC).

          Tender Date:                  13th July 2018

          Contract Date:               17th September 2018 (Date of Possession)

          Contract:                        The JCT Standard Form of Building Contract, with Quantities, 2016 edition (latest amendment).

          Contract Period:                        70 weeks (Date for Completion – 22th January 2019).

          Contract Sum:               £7,500,000.00

          Liquidated Damages:    £7,500 per week.

Situations

Date of contract + 10 days - The Architect, on behalf of the Employer, gives notice that possession of the site will be delayed by three weeks.

Date of contract + 14 days - The Architect issues an instruction to the contractor that work included in the contract bills, to be executed by named contractor O. Riginal, is now to be carried out by another person as instructed later.

The Following Situations Arose After the Date of Possession

Week 1      A bundle of drawings delivered to the Contractor`s office from Architect. The drawings are marked with revision letters from G to J. The list of drawings in the Articles of Agreement refer to revisions E to F. The drawing numbers of those in the bundle and both lists are essentially the same.

Week 2      A bundle of drawings is delivered to the Contractor`s office from the Consultant Services Engineer under cover of a compliments slip.

Week 3      Checking through the Architect`s drawings, the Contracts Manager finds details of dormer windows shown on the drawings are of pre-formed glass fibre "one piece" units, whereas the contract bills describe dormers as constructed of timber with lead heads and cheeks.

 

 

 

 The Following Situations Arose After the Date of Possession (Contd.)

Week 3      The Assistant Architect visits site and whilst making a tour with the Site Manager tells her to:-

                   i)       Reposition the temporary hoarding 300mm inside the footpath which is the site boundary.

                   ii)      Increase the thickness of the concrete foundations by 150mm.

                   iii)     Instruct the Contractor`s men to work half-an-hour overtime for the time being because the project appears to be behind programme.

Week 4      i)       The Groundworks sub-contractor excavating foundations damages a 1950mm oval brick sewer not shown on the drawings. The sub-contractor says he is being held up. The water-board engineer says the sewer is disused but must be cut back to the site boundary by the Contractor and ends at the boundary sealed by water-board operatives, for which there will be a charge.

                   ii)      An ancillary building is shown on the setting out drawing, to be constructed 15.00 metres from the existing factory building and parallel with it. Whilst excavation is in progress it becomes apparent that set out as detailed, there will be insufficient space between ancillary buildings and home to accommodate a covered walkway, service road and flower beds which are shown on another drawing, but are not dimensioned on the setting out drawings.

Week 5      An excavator (on hire) uncovers ancient brickwork and stonework 1.00 metre below the surface. A mosaic pavement is exposed. The driver brings the find to the notice of the Site Manager, saying there is nowhere else he can work and shall he phone the hirer to move him to his next job? Approximately one third of the foundations are still to be excavated.

Week 6      The contractor writes to the Architect saying he has just been awarded a major contract and intends to assign the Southall project.

Week 8      The Contractor reviews progress against programme and ascertains events in weeks 4 and 5 appear to have delayed the regular progress of the works by two weeks and cost records indicate he has been caused loss and expense of approximately £35,000.

Week 13    The Contractor reviews his records and finds no acknowledgement of his notice of delay and application of direct loss and expense.

Week 22    Inexplicably, substantial cracks appear in the property adjoining.

 

 

The Following Situations Arose After the Date of Possession (Contd.)

Week 29    The Contractor refuses to remove defective brickwork: in his view..." the work is not defective"... he says.

Week 30    The Contractor is seen preparing to continue bricklaying, building in the defective work which he was instructed to remove two weeks earlier.

Week 35    The Named Sub-contractor for plumbing and heating work (P&H) is declared bankrupt. A Receiver is appointed and informs the Contractor of his appointment.

Week 44    The Contractor has not received the interim payment for which he received a copy of the Architect`s certificate in week 41. This is not the first occasion on which this has happened (the Employer`s computer has been playing up and earlier there was a dispute with computer operators).

Week 70    Vandals strike over the weekend, 80% of glazing broken, doors smashed, plumbing fittings and pipes wrecked. The Contractor`s first estimate of delay is five weeks and he writes to the Architect to that effect.

Week 78    The Architect issues a certificate that practical completion of the works has been achieved. He has extended the completion date by four weeks. The Employer has deducted four weeks liquidated damages from a previous interim certificate and the Architect says he understands that the Employer will retain the liquidated damages previously withheld despite the Contractor`s objections at the time of previous certificates


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