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

"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 4

"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 5

Intro to Contract Consideration Video Series

Accepted Answer

Meet Senior Course Instructor, Brian Weeks, and learn about MMCD's "Contract Consideration" series of short videos that dig into issues commonly encountered by Owners, Contractors, and Contract Administators.

View this and other Contract Consideration Videos on our YouTube channel

Question 6

What is the Contract Consideration Video series?

Accepted Answer

The MMCD Contract Consideration video series provides answers to commonly encountered issues and concerns for Owners, Contractors, and Contract Administrators. Presented by Brian Weeks, viewers can browse over 30 videos and learn about the role of the Contract Administrator, MMCD Dispute Resolution mechanisms, how to respond to an RFQ, Change Orders, why Force Account schedules are "an awful idea", and more.

The videos are free to view to watch here

Question 7

"The Contemplated Change Order" video - Contract Consideration Series

Accepted Answer

(10m) Brian Weeks reviews the process to generate a Change Order under the MMCD with a reminder about the implications of Changes vs. Extra Work. For more information, also watch "Responding to a RFQ" and "Issuing a Change Order".

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

Question 8

"Responding to a RFQ" video - Contract Consideration Series

Accepted Answer

(10m) Brian Weeks reviews the requirements for a Quotation and the implications of a qualifier that a Contractor may add in this companion video to "The Contemplated Change Order" and "Issuing a Change Order"

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

Question 9

"Issuing a Change Order" video - Contract Consideration Series

Accepted Answer

(11m) Questions about issuing a change order? In this final video in a three-part series, Brian Weeks reviews when a Change Order is needed and how to finalize the information needed on the form. He discusses negotiations and pricing methods, and uses the example developed in "The Contemplated Change Order" and "Responding to a RFQ" to write up a Change Order.

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

Question 10

"Change vs. Extra Work" video - Contract Consideration Series

Accepted Answer

(8m) Both are ways to alter the work included in a Contract, but the difference is in the resulting obligations on the parties. Brian Weeks explains the differences between a Change and Extra Work.

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