Part A: Concept Reponses
Select a construction project in your locality and identify the procurement method that has been chosen to deliver the project. The project you choose should not be one featured in the class presentation slides posted on the course website.
Describe the key characteristics of the project (size, value, building type, etc.), and explain why you think the procurement method used has been chosen.
2. Assuming That
- the principal accepted the contractor’s tender for the construction of an office building on 19 April 2021, and
- the contractor has already provided proof of security and insurance required under the contract,what would be the latest date on which the principal must give sufficient possession of the site to allow the contractor to start work under the contract under:
- the AS 4000 General Conditions of Contract assuming Item 22 in the Annexure Part A has been left blank?
- the National Capital Works: NCW4 General Conditions of Contract for Construction assuming Item 19 in Annexure A has been left blank?
Your answer should refer to relevant clause and item numbers within the contracts, and should briefly explain how you have calculated the dates for each contract.
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Explain what is meant by the expression ‘the superintendent wears two hats’ in the context of a construction contract.
What is the legal duty of the superintendent when carrying out certifying roles under the contract as opposed to roles where the superintendent acts as the principal’s agent?
State the relevant clause in the AS 4000 General Conditions of Contract under which each of the following superintendent roles is carried out and, for each role, identify whether they are ‘certifying roles’ or ‘principal’s agent roles’:
- Issuing a direction to rectify defective works
- Approving subcontractors for any work described in Item 17 of the Annexure Part A
- Assessing liquidated damages
- Deciding whether to issue the certificate of practical completion
- Pricing variations
Rogers Contractors Pty Ltd is engaged by Freud Developers Pty Ltd under the AS 4000 General Conditions of Contract to construct a $9 million office building on Trower Road, Darwin called ‘Trower House’.
The quantity of 25 MPa concrete measured in the concrete bill of quantities (BQ) is 428m3. In their tender Rogers priced this concrete item at a rate of $195/m3. The actual as-built quantity of 25 MPa concrete turned out to be 830m3. The additional quantity of concrete was not caused by variations but rather by a measurement error in the bills of quantities.
Advise Rogers as to their entitlement to any payment for the difference between the quantities measured in the bills of quantities and the as-built quantities if:
- The bills of quantities form part of the contract documents as per Alternative 1 in clause 2.2 of AS 4000.
- The bills of quantities do not form part of the contract docu