Question 1

"How Quantity Variation Adjustments Benefit Both Parties" video - Contract Consideration Series

Accepted Answer

(25m) The Documents Committee noticed that Owners were often substantially modifying or removing entirely GC 9.4 (Quantity Variations), motivated by reducing contract costs.

Brian Weeks provides examples of how keeping GC 9.4 benefits both Owners and Contractors, and explains how removing this clause actually increases the risk of unknown costs.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 2

"Payment Contrary to Specifications" video - Contract Consideration Series

Accepted Answer

(13m) This video addresses a long standing inconsistency in the MMCD specifications for payment of some items.

In the CA course, Brian Weeks stresses that the Contract Administrator does not have the authority to alter terms of payment agreed to by both parties to the Contract and accepted by the bonding company. In once class, a student correctly pointed out that on almost every contract they had to waive some payment conditions to prevent the Contractor from walking off the job.

This is a result of some of our payment conditions not being practical in the real world and people having to find “work around” solutions. In general, ignoring Contract language is not good practice, so let’s look at an example and how it is, vs. should be handled.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 3

"Coping With COVID-19" video - Contract Consideration Series

Accepted Answer

(22m) Brian Weeks reviews options for owners and contractors during the COVID-19 pandemic, based on what is allowed under the MMCD standard language, and depending on the stage of the project: active tender, pre-award, or after construction has started.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 4

"Quality Assurance and Quality Control Testing" video - Contract Consideration Series

Accepted Answer

(15m) There is a certain amount of confusion shown in forum and class questions about the difference between Quality Assurance and Quality Control. Brian Weeks brings some clarity to this topic as well as discussing testing and retesting options.

Part of the confusion comes from the difference between how other contracts handle these two types of testing compared to the MMCD. Other contracts often have the Owner engage and pay one or more testing firms to do Q/A. These firms work concurrently with the Contractor, but report directly to the Owner. As Brian will discuss, the MMCD handles testing differently, with the Contract Administrator (or CA for short) receiving Q/A test reports from the Contractor and reporting back to the Owner.

Under the MMCD, the Owner specifies tests to be done for its own reassurance that the work is meeting the contractually required standards. These tests are part of the Contract requirements and the Contractor is obliged to perform them, or arrange for them to be performed during the course of the work.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 5

"The Role of the Contract Administrator" video - Contract Consideration Series

Accepted Answer

(8m) The role of the Contract Administrator (CA) is so critical that the Contract should not proceed without one in place. Brian Weeks outlines the CA's roles and responsibilities, including the "Three Hats" they wear during a project and the conflicts inherent with wearing those hats.

Also watch the videos: "The Limitations of the CA's Authority" and "The Role of the Inspector" for an even deeper understanding of this topic.

Watch this and other videos in the Contract Consideration Series on MMCD Association's YouTube Channel.

Question 6

"The Limitations of the CA's Authority" video - Contract Consideration Series

Accepted Answer

(9m) Per General Condition 3.2.1: “The Contract Administrator shall have authority to act on behalf of the Owner only to the extent expressly provided in the Contract Documents.”