PCSA for 2 years, what were they doing?
Within the PCSa scope was
Develop Design from Stage 3-4
Prepare and intergrated Programme
Appraise design information and highlight issues
notify of ambiguity or inconsistency and aceept responsibilty following initial validation
Take all necessary steps to provide information in
How was the PCSA contract agreed that was in place. States a NTE but did the NTE cover a period of 2 years?
Clients key driver was programme. Did you speak with them and gauge that quality/costs would have to be none optimised then if this was the case?
Would other GCs not be put off by the fact a GC been working on a PCSA for such a long period of time.
State you did expressions of interests/PQQs to ascertain GCs would be willing to spend costs and resources on a tender.
How many GCs did you go out to and was single stage offer - did you do BAFOs etc
Could you not of negotiated with the PCSA GC or allowed them to be part of a retender and see if they changed their position in a competitive environment?
The trust between the client and the GC had deteriorated
Was the plan to award the GC a D&B contract?
The original plan was a two stage design and build tender
Would a design company take the risk of taking on a GCs design?
Was a designer not novated to the GC or working on the client’s behalf?
Why did you consider Design and Build to a GC when you already had a stage 4 design done?
Stage 4 design was not complete
Why did you rule out other procurement strategies if time was the client’s key driver over cost/quality?
Although MC and CM may offer program benefits, this procurement strategy gave the client a single point of responsibility and provided the client with cost certainty 90 days post stage 4 issue. MC or CM wouldnt provide cost certainty until the last package is instructed.
Management Contracting/ Construction Management the client carries the main apportionment of risk.
Would a single stage lump sum fixed price not be better for time certainty and cost risk?
It would be but the programme didnt allow it nor did the market.
Following the initial market conversations there was no appetite to provide a single stage fixed price.
Due to the incomplete design and the short tender period.
How did you demonstrate a higher cost with the stage 3/4 design?
say you took the design, did a cost plan and then levelled bids against it and the preferred GC was in line with it
You have an achievement is the client not taking your advice on the PCSA and terminating it? It sounds like this caused added issues and the achievement should have been they followed your advice
My achievement refers to the ability to effectively manage the termination after it occurred. I had not dealt with a termination before, but I felt I handled my duties professionally and capably.
Was the project delivered on the rebase line budget you estimated?
The contractor was appointed with a practical completion date that met the clients requirements
What level of OC was held from your involvement onwards and was any returned to the client?
Cost Plan was done by Linesight at Stage 3?
No Stage 3 cost plan was completed by the previous Cost Consultant
How did you work on a bespoke contract approach which you are not familiar with – did you have any contractual issues and how did you deal with this?
Was no major issues and worked collaboratively with the GC and agreed all items in timely fashion
You state the GC went into administration – did you do financial checks on them and the new proposed tenderers. How did you do this?
This was after the contract had been terminated.
Also the contractor was appointed prior to Linesight
During the termination process, did you follow the contractual mechanisms and what where they.
Didn’t the GC dispute the termination for convenience and claim outstanding funds in arbitration process (how did you get them to walk away from £5mil claims?)
What are the 3 pillars of dispute resolution techniques:
negotiation, mediation, adjudication process.
What are the standard timeframes for a decision to be made from service of notice in Adjudication in line with the construction Act?
28 days from service of the referral notice for adjudicators decision to be made
Can you explain what you understand by arbitration as opposed to litigation?
Arbitration are private scenarios and named in the contract; litigation is public and via courts.