Whose role is it to prepare payment certificates?
The Contract Administrator.
Quality Assurance & Quality Control: Does the contractor need to provide testing to confirm they have met the applicable standard or does the owner have to pay for this under General Condition 4.12?
Check out the “Contract Considerations” video “Quality Assurance and Quality Control Testing” on the MMCD website mmcd.net.
The sole bid received is over the approved budget. Can the Owner negotiate with the bidder?
Where there is only one compliant bid, the issue of violating conditions of Contract A with other bidders does not exist. The GCs allow the owner to reject all bids, which they probably should do if they don’t have the funds to proceed. Then if the municipal bylaws permit negotiation without competition, the Owner can proceed to adjust the design and requirements to negotiate a price both can live with.
Does encountering a concealed condition meet the intent of GC 13.1 Delay by Owner, or GC 13.5 Delays for Additional Instructions?
It depends whether there was an Act or omission by the Owner regarding knowledge of the Unknown concealed condition; and whether the CA responded within the time limits to any written request for Additional instructions.
What can I do if the bidder adjusts the Schedule of Quantities in the tender?
We cannot offer legal advice; however, the Preparation and Award Checklist in the User Guide and our Contract Considerations videos might help you interpret the documents and processes.
Is there recourse for the Contractor when an Owner Caused Delay affects Substantial Completion?
The User Guide (10.3.2.1, 10.3.2.2) suggests that Owner caused delays (per GC13.1) entitle the Contractor to reimbursement for costs and lost time. In this case, the CA must act impartially and issue a Change Order for the proven impact, even if the CA was the cause of the delay.