📄 CE7723 – Model Questions

Tested Area 1: NEC4 Compensation Events

Q1.
A contractor experiences a significant delay due to a late design instruction issued by the Project
Manager. The contractor failed to notify of this event until ten weeks after it occurred. The Project
Manager rejects the claim.
Discuss whether the contractor has any entitlement to time or money.

Q2.
During a piling operation, the contractor encounters heavy rainfall far beyond expected seasonal averages,
resulting in delays to critical path activities. The contractor submits a claim for delay and additional cost.
Advise whether the contractor is entitled to relief under the contract.

Q3.
After receiving an instruction that changed the scope of the works, the contractor submitted a quotation
using subcontractor invoices. The Project Manager rejected the quotation and imposed a revised value
using market rates.
Evaluate whether the Project Manager acted fairly under the contract terms.

Q4.
An event occurs on site that causes cost and time impact. It had previously been identified as a potential
risk, but the contractor did not issue an early warning. The Project Manager argues that the contractor’s
failure to warn limits their entitlement.
Advise the contractor on their position.

Q5.
Following a change in scope, the contractor submits a quotation for additional work on a remeasurement
basis. The Project Manager disagrees with the pricing method and disputes the quotation.
Explain how the value and time impact of the change should be assessed.
Tested Area 2: JCT 2016 SBC Claim Process

Q1.
A contractor is instructed to carry out additional structural works during the project. The contractor does
not issue any formal notice until several weeks later, after delays have already occurred. The employer
disputes the extension of time request.
Advise whether the contractor has a valid claim.

Q2.
The architect delays issuing critical design drawings, which results in work being disrupted and site staff
being retained for longer than planned. The contractor submits a cost claim only after practical
completion.
Discuss whether the contractor is entitled to recover losses and expenses.

Q3.
Part of the site is inaccessible at the start of the contract due to the employer’s existing tenant not
vacating. The contractor gains full access two months later and claims both time and cost.
Advise whether the contractor has a valid entitlement.

Q4.
The contractor claims costs for disruption arising from a change in work sequence caused by a variation.
They issued a notice but did not follow up with regular updates or further details. The employer argues
that the claim is invalid.
Evaluate the contractor’s entitlement.

Q5.
The contractor receives a variation that significantly increases the volume of finishing works. They notify
that this will delay completion and also increase preliminary costs.
Explain how the contractor should pursue both time and cost recovery under the contract.
Tested Area 3: JCT Employer Risk Events

Q1.
The contractor was due to receive possession of the site on 1st June but was only granted access on 15th
July. No formal deferment notice was issued. The contractor submits a delay claim.
Assess whether the contractor is entitled to an extension of time.

Q2.
The architect instructs a change in floor finish material that causes resequencing of multiple trades and
delays completion. The contractor claims both time and additional site costs.
Evaluate whether the contractor’s claim is likely to succeed.

Q3.
Prolonged rainfall exceeding seasonal norms causes excavation delays. The contractor claims an
extension of time. The employer disputes the event as not exceptional.
Discuss how this event should be treated under the contract.

Q4.
The employer fails to provide structural details for steel connections until two weeks before the planned
installation. The contractor had programmed these works much earlier.
Advise on the contractor’s entitlement to time and cost.

Q5.
The employer delays providing access to a section of the site while the contractor is also experiencing
labor shortages. The contractor claims for an extension of time.
Consider how this claim should be assessed where both parties have contributed to the delay.
Tested Area 4: Delay Analysis Techniques

Q1.
The contractor submits a claim for delay using an as-planned versus as-built method. The employer
challenges the method as being unreliable and not reflective of actual impacts on the critical path.
Evaluate the suitability of this approach and what factors the decision-maker should consider.

Q2.
Following a delay event, the contractor uses Time Impact Analysis to demonstrate the impact on
completion. The employer argues that a retrospective analysis would be more appropriate.
Discuss the merits of each method and whether the contractor’s approach is contractually acceptable.

Q3.
The contractor submits an extension of time claim supported by window analysis across three project
phases. However, no contemporaneous site records or updated programs were submitted with the claim.
Assess the strength of the claim and explain the importance of supporting evidence in delay analysis.

Q4.
Two separate delays occur during the project: one caused by the contractor’s design error and the other by
the employer’s late access to a work area. Both affect the same period.
Advise how entitlement to an extension of time should be determined in a situation involving concurrent
delay.

Q5.
The contractor claims for disruption on finishing works due to late material deliveries by the employer.
Although the project was completed on time, the contractor alleges loss of productivity.
Explain how this type of disruption should be analyzed and supported.
Tested Area 5: Contract Law – Offer, Acceptance & Revocation

Q1.
A contractor submits a tender marked "valid for 30 days". Before the employer accepts, the contractor
withdraws the tender. The employer insists the tender cannot be withdrawn.
Advise whether the contractor is legally entitled to revoke the offer.

Q2.
The employer sends a letter of acceptance by post, which is delayed. In the meantime, the contractor
accepts another project and informs the employer.
Discuss whether a binding contract has been formed.

Q3.
A contractor sends a tender, and the employer responds with amendments to certain terms. The contractor
begins work assuming acceptance. A dispute arises over the contract terms.
Evaluate whether a valid acceptance occurred and whether a contract was formed.

Q4.
An employer offers a contract to a contractor in a unilateral form, stating that commencement of
mobilization will constitute acceptance. The contractor begins site mobilization but does not
communicate acceptance.
Discuss whether the contract has been validly formed.

Q5.
A contractor verbally accepts an offer but later changes their mind and tries to revoke acceptance before
any work begins. The employer insists the contract is binding.
Advise whether the acceptance was legally effective and revocable.
Tested Area 6: Conditions Precedent & Time-Bar

Q1.
A contractor submits a loss and expense claim two months after the delay event occurred. The employer
rejects the claim, arguing that the contractor failed to issue a timely notice.
Discuss whether the employer is entitled to reject the claim.

Q2.
A Compensation Event occurs under an NEC contract, but the contractor only notifies it ten weeks later.
The Project Manager refuses to assess the quotation.
Advise whether the contractor has any entitlement under the contract.

Q3.
The contractor submits a delay notice in response to an instruction but fails to include supporting
particulars until after completion. The employer argues the claim is invalid.
Evaluate whether the delay notice is sufficient to preserve the contractor’s rights.

Q4.
Despite the contractor not submitting any formal notice, the employer had full knowledge of the delay
and its cause throughout the project. The contractor still seeks to recover time and cost.
Consider whether actual employer knowledge overrides the requirement for formal notice.

Q5.
The employer refuses to respond to a contractor’s cost claim submitted after the contractual notice period.
The contractor argues the claim should still be considered on the basis of fairness.
Discuss how strictly time-bar provisions are enforced and whether fairness is relevant.
Tested Area 7: Alternative Dispute Resolution (ADR)

Q1.
A dispute arises over final account valuation. The employer refuses to engage in mediation despite the
contractor's request. The matter proceeds to litigation, and the employer wins.
Discuss whether the court is likely to penalize the employer on costs.

Q2.
During the project, the contractor refers a payment dispute to adjudication. The employer objects, arguing
that the issue is too complex to resolve within 28 days.
Advise whether adjudication is still applicable in this scenario.

Q3.
The parties agreed to use arbitration as their final dispute resolution method. However, one party now
wishes to proceed with court litigation instead.
Evaluate whether the party can disregard the arbitration agreement.

Q4.
A contractor initiates adjudication but later attempts to reopen the same issue through arbitration. The
employer claims that the matter has already been decided.
Discuss whether the adjudicator’s decision prevents further dispute resolution.

Q5.
Despite ongoing disputes, both parties continue working and exchanging emails to settle matters
amicably. No formal mediation or adjudication is initiated.
Assess whether this informal approach satisfies the contract’s dispute resolution procedure.
Tested Area 8: Case Law Application

Q1.
A contractor claims liquidated damages cannot apply after termination, arguing that no further works
were completed. The employer disagrees and insists on continuing the LD calculation.
Using relevant case law, assess how the claim should be resolved.

Q2.
A contractor fails to give notice of the disruption caused by the employer’s late instructions. The
employer argues that the cost claim is invalid due to a lack of notice.
Refer to case law to evaluate the strength of the employer’s position.

Q3.
An employer refuses to respond to an invitation to mediate. The dispute proceeds to court, and the
employer wins. The contractor seeks full legal costs.
With reference to case law, discuss how the court may deal with costs.

Q4.
A Compensation Event was notified late under NEC4. The contractor argues that the employer had
knowledge of the delay and should not rely on the time-bar.
Analyze the legal position using relevant authorities.

Q5.
A contractor begins work in response to a unilateral offer from the employer. The employer later revokes
the offer before formal acceptance.
Discuss whether a binding contract had already been formed with reference to case law.