1
Q
Talk me through the pallet gate issue?
A
- Pallet gate didn’t provide enough headroom
- Installed in incorrect position
- Arranged a meeting to understand timeframes of rectification during the defects period to correct this
2
Q
What is the RICS Guidance Note on Appropriate Contract Selection?
A
- Different procurement routes
- Different contract publishing bodied
- Provided useful information, however is now apart of the RICS QS and Construction Standards
3
Q
How can a contract be adapted to suit the chosen procurement route?
A
- Depending on the procurement route a specific contract is chosen
- Traditional in JCT would be Major Project, Intermediate and Standard form, whereas D&B would be the D&B contract.
4
Q
How did the consultant appointment tracker work?
A
- Recorded the consultant
- What form of appointment
- Comments sent / received
- Reviewed by solicitor
- Engrossed and Executed
5
Q
Why have an advanced payment bond over an off-site material bond?
A
- Wanted to secure the steel price at a certain cost
- Agreed with the funder and the solicitor as the preferred course
6
Q
Why does a non-completion notice need to be submitted to get LAD’s?
A
- Required in the JCT contract as a prerequisite to claim LAD’s
7
Q
What is included in a Due Diligence report?
A
- Statutory Approvals
- Site Abnormals
- Legal Status
- Design Risks
- Utilities
- Procurement & Programme
8
Q
14 Blackburn Road Design Change Control Procedure
A
- During the design phase
- Major change, PEP Change Control
- Request information on programme from designers
- Request new fee proposals for the scheme change as different involvement and abortive works
- Presented to the client
9
Q
What is a design responsibilities matrix?
A
- Breakdown of the different design aspects of the project
- Consultants, Client and Main Contractor are assigned a RACI code to the different aspects
- Aim to prevent scope gaps
10
Q
How do you manage a graduate?
A
- Very democratic leadership style
- Encourage discussion and questions
- Allow autonomy to undertake tasks and ask for help / review before issuing
11
Q
How did you manage the risk register?
A
- Live document so updated continually as design progressed
- Meetings had ‘Risks’ section
- Assigned risks to consultants with a management / elimination process
12
Q
What were the Strawberry Fields lessons learnt?
A
- Programme help, how long design stages took and earlier input of the interior designer
- Additional services missed in RFP’s were included within scopes. Allowance for more swept-path analysis or multiple DLSL modelling of schemes getting budget more accurate
13
Q
What is the RICS Guidance note on Tendering Strategies
A
- Says what tendering is and
how tendering processes are used to establish a
contract price. - Explains the different tendering strategies
14
Q
What is a negotiated tender?
A
- A single stage tender with one contractor that returns a single price which is then negotiated.
- Speed benefit
- Contractor involvement
- Loses competitive price
15
Q
How do you calculate float?
A
- Work out how long there is between the activity before it impact on that activities start date
16
Q
What are the principles of risk allowance?
A
- The amount added to the base cost estimate for items that cannot be precisely predicted to arrive at the cost limit (approved budget)
17
Q
What is JCT Minor Works for?
A
- Small, relatively straight-forward construction projects, typically less than £250k in value.
- Last no more than 12 months.
- Client is responsible for procuring the design, including drawings, a specification, or work schedules.
- Or the contractor is responsible for designing specific parts of the works (Minor Works Building Contract with contractor’s design).
18
Q
Who administers a JCT Minor Works Contract?
A
- Client can get a Contract Administrator
- Architect
19
Q
How is snagging administering the contract?
A
- Makes sure the works are in an appropriate condition to issue a completion certificate.
20
Q
What is the Iceberg model?
A
A tool that allows you to see further into a problem than the surface level. Based on 4 principles
21
Q
What are the 4 Principles of the Iceberg Model?
A
- Events (what happened)
- Patterns (what are the trends)
- Structures (what influences / connects the patterns)
- Mental models (what values shape the system)
22
Q
What is in a Stakeholder Management Plan?
A
- Documents how involved / influential stakeholders are. - Outlines the stakeholder communication plan, including when you’ll reach out to each stakeholder, what platform you’ll use, and how much information you’ll deliver.
23
Q
What’s the difference between a creditor and debtor?
A
Creditor - You owe someone
Debtor - Someone owes you
24
Q
Can you provide some examples of the questions you asked?
A
- Examples of similar schemes
- Prefer novation or stay client side
- Usual site attendance and inspection commitment
- Initial ideas
- Programme and expected involvement with the architect
25
What would you do prior to visiting the site?
- Correct PPE
- Undertake a risk assessment
- Ensure I receive site induction
- Informed of specific hazards of that day
26
Core Principal of Public Sector Procurement
Encourage free and open competition and value for money.
27
4 Principals of Public Procurement
TEMP
- Equality of Treatment
- Transparency
- Mutual Recognition
- Proportionality
28
What are Framework Agreements?
A trusted provider that ensures the suppliers that deliver your works, services, and goods have proven experience in the public sector
29
What are the public procurement threshold levels?
- Supplies and Services less than £213,000 (inc VAT)
- Works below £5.3m are below the Find a Tender Service threshold with anything over seen as a high-value contract
30
What does the threshold levels mean?
Anything over the threshold levels are subject to the full suite of regulations which are more onerous
31
Public Procurement Funding key issues
- Funding can be stopped or halted at any time
- Transferring money between departments and accounts is rigid
32
Public Procurement Motivations key issues
- Main focus is on ensuring public money is being spent wisely and transparently
- Must consider economic, environmental, and societal benefits of procurement approach before beginning
33
What are Public Procurement Frameworks?
- Agreement put in place between a provider / range of providers enabling buyers to place orders for services, without facing lengthy tendering process for each task.
- Agreements set out terms – Including price, quality and quantity – under which contracts can
be awarded from pre-approved suppliers.
34
What has happened to OJEU?
Since leaving the EU this has been replaced with Find a Tender Service
35
What is Find a Tender Service?
Manages tenders and contracts whose overall spend is, or will be, above the current thresholds
36
How does public procurement work in the UK?
- Different threshold levels determine course of action depending on the value
- Smaller values lowers particular tendering requirements as long as the main principals are committed to
- Large projects over 5.3m have to use Find a Tender Service which replaces OJEU
- Frameworks can be used for contract values less than this.
37
If a project fell behind what information can be used to demonstrate this?
- Labour levels
- Design Progress
- Cashflow
- Programme
38
What is a relevant matter?
- Client responsible for affecting the progress of the works
- Claim direct loss and/or expense that has been incurred.
39
What is a relevant event?
- Delay to the completion date, caused by the client or a neutral event not caused by either party
- Extension of time
40
What is the difference between a relevant event and a relevant matter?
A relevant matter entitles the contractor to claim direct loss or expense and a relevant event entitles the contractor to an extension of time
41
What does applying for an extension of time allow?
- Move the contract completion date
- Claim for loss / expense
- Shield from LAD's
42
What is a payless notice?
Where the previously agreed fee is no longer going to be fully paid by the client.
43
How can a payless notice be overturned?
Adjudication or Arbitration
44
What happens when a payless notice fails?
- Paying party fails to serve the initial “payment notice” within five days of the contract payment due date
- Valid application then payee’s payment application becomes default payment notice
45
What allows a payless notice?
House Grants, Construction and Regeneration Act 1996
46
What is a payment notice?
Document the payer issues to the payee, providing details of the sum payable and how it has been calculated
47
When must a payment notice be issued?
5 days after the 'Due Date'
48
What is the Final Date for Payment?
The final day the payee should receive payment from the payer
49
When is the final date for payment?
JCT states this must be 14 days from the due date, unless altered in the contract.
50
When must a payless notice be issued?
5 days before the Final Date for Payment
51
What is an interim valuation date?
Contractor required to submit an interim valuation 7 days before the due date
52
What items are needed for practical completion?
- Contractor provide as-built
- O&M Manual
- H&S File
- Building Control / Approved inspector sign-off
- Testing & Commissioning
- Acoustic / Air tests compliance with Statutory Authorities
- Practical Completion Certificate
53
What is an EOT claim?
- Fair and reasonable assessment of extending the completion date.
- Record keeping to prove what happened on site, problems and impact upon progress, schedule and cost
54
What are the key documents dictating an EOT?
- Record keeping to prove what happened on site, problems and impact upon progress, schedule and cost
- Contractual arrangements
- Programmes
- Extension of Time Letter Request detailing clauses
55
What are some EOT Assessment methods?
- As-Built vs As-Planned
- Time Impact Analysis
- Critical Path Methods
- Collapsed As-Builts
56
As-Built vs As-Planned
- Compares duration of an as-planned activity with the as-built duration for that same activity on the as-built programme.
- Difference in time between as-built and duration on as-planned is taken as the period of delay
57
Impact As Planned
Slotting in the delay timeline into the baseline programme to understand the affect on the activities and how much it extends the completion date.
58
Time Impact Analysis
Slotting in the delay timeline into a current programme to understand the affect on the activities and how much it extends the completion date.
59
Collapsed As-Built Method
- Retrospective method
- Uses as built schedule with delays included.
- Removal of these delays
- Difference between these two is the overall delay.
- Unlikely to have an accurate as-built programme
60
How does a Transport for Work Act Order allow a CPO?
It enables a promoter to apply to the secretary of state who has the necessary power to compulsory purchase the land on the behalf of the promoter. They should be of strategic importance and provide a benefit.
61
How do you define gross development value?
The value of a development once construction has been completed, or the total sum of the sales values for the finished development.
62
What was the value the client was trying to achieve?
There was no specific monetary value the client was trying to achieve. There was the knowledge that a larger scheme bringing greater unit numbers increases the value.
63
What is the viability process?
Assesses whether the value generated by a development is more than the cost of developing it.
64
How did you capture client requirements.
This was outlined within the project brief and the project execution plan.
65
What was the planning risk profile of each option?
Option 1: Aggressive
Option 2: Moderate
Option 3: Moderate
66
What is a risk profile?
Portrayal of the risk appetite of someone by comparing risk tolerance (variability in return), capacity (amount it can take) and requirement (what they should take).
67
Why not use the RICS / RIBA Standard form of appointment?
- Standard forms are pre-written and therefore may not go into the detail required for the project.
- Fair proportion of risk which isn't in client interests.
- Setting out Duty of Care, 'reasonable skill and care' rather than 'fitness for purpose'
-T ermination notice of 7 days rather than 28 in Standard form, needed for CPO
- Different standard forms are needed depending on the appointment. RICS recommend RICS Standard Form of Consultant’s Appointment for PM / QS and RICS Short Form of Consultant’s Appointment for Designated Services for specialists meaning multiple appointments to be drafted.
- Standard forms such as the RIBA are viewed as too 'pro-architect' for funding agreements
- Amendments would be fully reviewed by solicitor as their impact is unknown so why not create an appointment serving the client.
68
Advantages of a bespoke agreement
- Can be written to the nuisances of the project
- Provides client control over the initial wording so they can dictate favourability
- Input easily own clauses
69
Advantages of Novation
- Full project understanding
- Understanding of ER's to help design continuation
70
Disadvantages of Novation
- Contractor may not establish a good relationship
- Architect may be better suited for a CMT role
- Architect has to undertake instruction from contractor
71
What are some common T&C's that consultants include?
- Net contribution clause
- Cap on liability
- Cap on scope
- No construction stage design
72
Was there float in your programme? How was this captured?
- Sequential programme, so not a great number of activities with float. Local stakeholder meetings for design input did have float / preparation of the cost plan, was not a deliverable.
- Critical path outlined, shows activities that can be extended.
73
Examples of Standard Forms
- RICS Standard Form of Consultant’s Appointment
- RICS Short Form of Consultant’s Appointment for Designated Services
- RIBA Standard Professional Services Contract
74
What risks did you consider when you advised the client to change the terms of a bond?
- Need to get agreement from issuer and contractor
- Not changing the bond could lead to contractor insolvency due to negative cashflow
- Programme impact due to negative cashflow
75
Why was the Warehouse 5 Project delayed? What clause in the contract is this covered by?
- Contractor late procurement of the racking system which had a long lead time, installation and testing and commissioning process
- Contractor has an obligation in the contract to notify when 'reasonably apparent that the progress of the Works or any Section is being or is likely to be delayed'
- Clause 2.26
76
How do you accelerate a JCT contract?
- Seek an acceleration agreement with contractor proposing:
- Identify additional resources, fee, programme, concessions by client in terms of scope, out of hours etc
- Client team review and
instruct this acceleration
77
What were the differences between you single stage and negotiated programme.
- Single stage included a 3 month tender period
- Negotiated had PCSA agreement and a price negotiation at the end of the design completion
- Client knew particular contractor so no ITT and PQQ and tender release etc.
78
What are the different types of contingencies?
Pre Construction Contingency - Amount set in the CAPEX as a % of the Stage Fees
Construction Contingency - Set by the client to cover for any unforeseen expenditure at a %
Retention - Ensures compliance
79
What are contract particulars?
Set out the aspects of the contract that are particular to the project to which the contract relates
80
Example of contract particulars?
- Contract Sum
- Retention %
- Interim Payment Period
- Date of possession
- Contract base date (when conditions can be assessed)
- Third Party Rights
- Collateral Warranties
81
How many years after an instruction can a claim against PI be made?
- PRIMARY Limitation Act 1980 and Latent Damage Act 1986, claim can be brought up to 6 years after the work was completed or 3 years after the client could reasonably be expected to know they had a claim.
- Absolute time-bar of fifteen years, (long stop) preventing claims made after this point.
82
How do Stace deal with Anti Money Laundering
- Stace third party company to check
- Deposit in bank and they would check legitimacy
RICS Core
flashcards
Decks in class (15)
# Cards
-
1 - Accounting Principles and Procedures32
-
1 - Sustainability45
-
1 - Conflict Avoidance, Management and Dispute Resolution28
-
1 - Diversity, Inclusion and Teamworking16
-
1 - Business Planning30
-
1 - Data Management20
-
1 - Communication and Negotiation22
-
1 - Inclusive Environments14
-
2 - Health and Safety73
-
2 - Client Care34
-
3 - Ethics119
-
Professional Statements and Guidance Notes15
-
RICS Hot Topics45
-
Mandatory & Core Experience82
-
Actual Writing110
