Architect Standard Form of Contract Riba by feq12846

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									                                     BF252 PROFESSIONAL AND CONTRACTUAL STUDIES

School of Environment & Technology

Semester 1 Examinations 2008 - 2009



Instructions to Candidates:

Time allowed: THREE hours

Candidates are to attempt questions 1 and 2, which are
compulsory and being worth 60% of the total marks; plus two other

All questions of a contractual nature refer to The JCT Standard
Building Contract with Quantities 2005.

Carefully remove the multiple choice (question 2) template sheet
from the rear of the exam paper and upon completion attach it your
answer book.

                                                        Page 1 of 10
                                                 BF252 PROFESSIONAL AND CONTRACTUAL STUDIES

Question 1. Compulsory.
A specialist subcontractor has won the groundwork contract for a new build
The project managers have directed elemental bills to be prepared and now
wish the contract to be managed by way of the Pert/Cost system.
Prepare a financial statement in the form of two ‘S’ curves on a cost/time
graph from the information displayed below, based upon the earliest start and
latest start dates by:-
a)    analysing the network and identifying the critical path;                   (5 marks)
b)    converting the arrow diagram to a Gantt chart on the template provided
      showing the earliest start dates and the latest start dates.
                                                                   (10 marks)
c)    Producing cumulative cost information from the Gantt chart and
      presenting it as a ‘S’ curve on the graph paper provided.
                                                                  (10 marks)
d)    Comment, by use of examples, how the graph may be used to monitor
      progress on the project.
                                                               (5 marks)

                                          12 weeks
                                  3                        6
                                                                   7 weeks
 B            2 weeks            10 weeks
          1              2                           5 0
                                                                   6 weeks
                        3 weeks                                                             E
                                                                   weeks                9
                        weeks                 2 weeks                2 weeks
                                      4                        8
                                                                             12 weeks
                                          8 weeks


Question 1 continues with the table on page 3...

                                                                              Page 2 of 10
                                      BF252 PROFESSIONAL AND CONTRACTUAL STUDIES

Question 1 continued...

Cost information from the elemental bills.
     i –j number             £0000’s
       1-2                    4     (£4,000)
       2-3                    75
       2-4                    9
       2-5                    200
       3-6                    144
       4-7                    96
       4-8                    30
       5-8                    0
       5-9                    72
       6-9                    56
       7-9                    120
       8-9                    80

                                                         Page 3 of 10
                                          BF252 PROFESSIONAL AND CONTRACTUAL STUDIES

Question 2. COMPULSORY.

Please release the answer template from the back of the question paper
in order to answer the following. Attempt only 15 of the 22 questions
within this section of the paper.

   i)     The subsequent organisation is not a current member of the Joint
          Contracts Tribunal:-
          a)    RIBA;
          b)    British Property Federation;
          c)    NHBC;
          d)    Builders Employers Confederation (BEC).
   ii)    An agency exists between:-
          a)    the builder and the structural engineer;
          b)    the architect and the builder;
          c)    the architect and the client;
          d)    the builder and the client.
   iii)   Nominated Subcontractors are tied contractually between:-
          a)    the client;
          b)    the architect;
          c)    the builder;
          d)    the quantity surveyor who vetted the conditions and price of
                the services offered.
   iv)    Conforming to the Building Regulations is the responsibility of:-
          a)    the builder;
          b)    the Building Control Inspector;
          c)    the architect who is the sole arbiter of quality of the works;
          d)    The Clerk of Works (if so appointed).
   v)     Mistakes as to the subject matter of a building contract are provided
          against within:-
          a)    the Recitals;
          b)    the Conditions of the contract;
          c)    the Appendices of the contract;
          d)    on the front page of the contract.
   vi)    JCT Standard Form with Contractors Design allows the contactor
          a)    produce a building in accordance with a performance
          b)    alter the specification for materials;
          c)    nominate specialists who will produce their own
          d)    alter designs created by a qualified architect.

                                                                  Page 4 of 10
                                         BF252 PROFESSIONAL AND CONTRACTUAL STUDIES

vii)    The contactor may disprove of the appointment of a quantity
        surveyor if:-
        a)      the contractor prefers to work with one they have dealt with
        b)      the contractor has a history of antagonism with the quantity
        c)      the contractor believes in past dealings that the quantity
                surveyor did not dealt with a claim in an impartial manner;
        d)      the contractor believes that there appointment is
viii)   The Recitals element of the JCT Contract :-
        a)      sings the praises of the design team;
        b)      describes the background and purpose of the contract;
        c)      describes what the parties to the contact have agreed to;
        d)      how much the contactor is to be paid.
ix)     In the Attestation the parties may sign the contact ‘under-seal’.
        This ties the parties to the contract for:-
        a)      2 years.
        b)      10 years.
        c)      12 years.
        d)      13 years.
x)      The Rectification Period as laid down in the contact particulars is
        a)      12 months after the project is handed over;
        b)      6 months after the project is handed over.
        c)      6 months once the client moves into the buildings;
        d)       6 months after practical completion.
xi)     Liquidated damages are imposed upon the contractor by the client
        in order to:-
        a)      penalise the contractor if the work is completed late;
        b)      to provide financial recompense to the client if the work is
                completed behind schedule;
        c)      allow the client the guarantee of making some easy money
                by way of lost income from the use of the building;
        d)      compensate the client if the contactor breaches a condition
                of the contract.
xii)    The builder is unable to complete the works within the time
        specified under the terms of the contract. The builder states that his
        performance was frustrated by a severe shortage of skilled
        bricklayers, the builder:-
        a)      claims for an extension of time with costs;
        b)      states that ‘he’ has discharged the contract and in terms of
                impossibility could not complete on time so should not have
                liquidated and ascertained damages imposed upon ‘him’;
        c)      claims for an extension of time;
        d)      withdraws ‘his’ labour off site until the matter is resolved.

                                                                 Page 5 of 10
                                         BF252 PROFESSIONAL AND CONTRACTUAL STUDIES

xiii)   The builder discovers during the progress of the works that his
        estimator had priced the material content of plasticised concrete at
        too low a price. The builder asks for the price to be increased in his
        next valuation on the basis of ‘quantum meruit’. The architect:-
        a)      accepts that ‘quantum meruit’ applies and instructs the
                quantity surveyor to act accordingly in considering the
        b)      outright refuses to accept such a proposal;
        c)      refuses to accept such a proposal in that the terms of the
                contract are explicit in such circumstances.
        d)      asks the quantity surveyor to arbitrate on the matter.
xiv)    Insurance of the works is solely undertaken by the client when
        Insurance Option:-
        a)      A applies;
        b)      B applies;
        c)      C applies;
        d)      D applies.
xv)     A domestic subcontractor is in delay such that the project will not be
         to be completed on time. The builder:-
        a)      asks the architect for an extension on the grounds that it is
                impossible to complete on time due to the delay caused by
                the subcontractor;
        b)      informs the architect of such a delay and is resigned to have
                liquidated and ascertained damages imposed, as laid down
                in the contract, deducted from the final account;
        c)      asks the architect to confirm that the subcontractor is in
                delay and then deducts monies due for loss and expense
                from the subcontractor having given the required notice
                under the terms of the contract;
        d)      immediately deducts monies due the subcontractor.
xvi)     The Architect instructs the contractor's Site Agent to cut open the
         outer leaf of some cavity brickwork as it is suspected that wall ties
         of incorrect specification have been installed. The contactor does
         so but:-
         a)     applies for an extension of time since the wall ties were as
         b)     charges the client for the waste of time involved;
         c)     applies for an extension of time despite the ties being found
                not to be in accordance with the specification;
         d)     immediately applies for an extension of time with costs since
                the ties were correct in all respects.

                                                                 Page 6 of 10
                                          BF252 PROFESSIONAL AND CONTRACTUAL STUDIES

xvii)    The Contractor is seeking payment for concrete cladding panels
         manufactured by a nominated supplier, being presently stored off
         site and due to be installed in eight weeks time.
         a)      The Q.S. refuses payment since the materials are not on site;
         b)      The Q.S allows payment but with 10% retention being
         c)      The Q.S. allows payment with 5% retention after visiting the
                 place of manufacture and confirming their existence;
         d)      The Q.S refuses payment since 8 weeks is too far distant for
                 the material to be incorporated into the works.
xviii)   The Clerk of the Works has verbally instructed the Contractor's Site
         Agent to remove carcass timber which, in his opinion, is both
         substandard and incorrectly fixed. The Architect:-
         a) expects this to be carried out forthwith;
         b) confirms with an Architects Instruction that such action should
             be taken;
         c) decides that such action is in breach of the contract and
             rescinds the contract;
         d) imposes liquidated and ascertained damages upon the builder.
xix)     Upon completion of a block of apartments and past the rectification
         period set down within the contract, a lessee requires the builder to
         rectify loose plaster to the dining room ceiling. The builder:-
         a) asks permission from the architect to carry out the work;
         b) refuses to take action stating that the lessee was not party to the
         c) as a gesture of good-will puts the matter in hand but charges a
             reasonable sum to the lessee for the work involved;
         d) rectifies the plaster ceiling.
xx)        The Architect has carried out a progress visit on site and has
           verbally instructed the Site Agent to use different hinges to those
           already fitted, and as previously specified within the contract
           documentation. The builder:-
         a) ignores the instruction on the basis that he has built that what
         b) requests payment for the abortive work and for the extra costs
              involved before agreeing to commence with the changes;
         c) confirms the verbal request with a written ‘confirmation of verbal
              instruction’ and immediately starts the changes requested;
         d) waits for a written ‘change order’ from the Architect.

                                                                 Page 7 of 10
                                        BF252 PROFESSIONAL AND CONTRACTUAL STUDIES

xxi)  The contractor has refused a request to allow parts of the
      completed project to be occupied by the Architect since the builder
      explains that such occupation would be very disruptive to his works.
      The Architect:-
       a) asks the Court to serve a injunction upon the builder;
      b) refers the matter to arbitration;
       c) sues for non access to his property;
      d) accepts and asks the clients to conform to the wishes of the
xxii) If the quantity surveyor discovers a mistake whilst examining the
      priced bills of Quantities of the builder during the adjudication of
      tenders the quantity surveyor would:-
      a) propose to the architect that the builder be disqualified from
             being considered for the contract;
      b) ignores the mistake as a mistake does not invalidate a valid
      c)     point out to the builder the mistake and allow the builder to
             withdraw his tender bid should he wish;
      d)     point out the mistake and should the builder be willing to
             accept such a loss item re-price the offending Bill item to a fair
             and reasonable level but redistribute the financial sum
             involved to all other items in the Bill by a percentage reduction

                                                     (15 x 2 =30 marks)

                                                                 Page 8 of 10
                                               BF252 PROFESSIONAL AND CONTRACTUAL STUDIES

Attempt TWO questions from the following:-

Question 3
Project site meetings and subsequent reporting play an essential part in the
control of construction projects.


a)    The purpose of and likely personnel present at a pre-contract meeting
      (held after the appointment of the contractor but prior to the start of the
                                                               (10 marks)

b)    The information a report from a site planning meeting, held by a
      contractor, should contain, with reasons.
                                                             (10 marks)

Question 4
a)    Identify and explain the role of three key players involved in the
      formulation of a tender within a Contactors organisation.
                                                               (6 marks)

b)    Explain the difference between a tender and an estimate.
                                                           (4 marks)

c)    Describe by way of five examples how the allocation of risk is shared
      within the JCT Standard Form of Tender.
                                                           (10 marks)

Question 5
a)         Explain how a building contract may be discharged.
                                                                  (10 marks)
b)         In the context of the law of contract, discuss the effect of:-
                        The ‘Moorcock’ doctrine;
                        The Defective Premises Act 1972
           upon terms imposed on parties to a building contract.
                                                               (10 marks)

Question 6
‘The Clerk of Works has a key role on the building site whilst not having any
legal responsibilities under the contract.’ (GLC Handbook for Clerk of Works)

Discuss.                                                   (20 marks)

                                                                        Page 9 of 10
                                           BF252 PROFESSIONAL AND CONTRACTUAL STUDIES

Professional and Contractual Studies
Student number:………………………..
                         Multiple Choice Answer Template

Attempt only 15 solutions to this question.
(Place a cross X in the appropriate box which relates to the correct solution to
questions/scenarios posed).

 Question a)        b)      c)     d)


                                                                  Page 10 of 10

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