Who are parties to a construction contract?
a) Client and designer and contractor
b) Client and designer
c) Designer and contractor
d) Client and contractor
e) Designer and client
d) Client and contractor
Who carries the risk for design in a traditional (Design-Bid- Build) contract?
a) Client
b) Contractor
d) Designer
e) Architect
a) Client
Who carries the risk for design in a design and build contract?
a) Client
b) Contractor
c) Designer
d) Architect
b) Contractor
What are the main RIBA stages in a construction project and what are the main construction management core objectives in these stages and at what stage does the tender occur for different types of procurement route?
- Strategic Definition 4. Technical Design
- Preparation & Brief 5. Construction
- Concept Design 6. Handover & Close Out
- Developed Design 7. In Use
Outline 2 advantages to the client of a traditional procurement route
- Price competition
- Close working with the designers - more control of the design
Outline 3 drawbacks of a traditional procurement route for the client
- Client retains risk for design errors (not transferred to contractor)
- No early input of construction expertise
- Have to wait until design is complete for tender to take place and work to start on site
What are the main advantages to the client of a design and build procurement route?
-Time saving, cost saving, risk transfer to contractor for design
Why might a client choose a procurement involving Early Contractor Involvement?
- Gain building expertise at an early stage
- Construction can start before design is complete because the work is let in packages - tenders staggered
- Time targets are easier to reach because packages can be juggled to suit
- The management contractor, or construction manager knows how the contractor thinks.
What is meant by fixed price contract, and what types of fixed price are there?
- Method of determining contract sum is fixed at tender stage – based on fixed rates or sum in tender.
- Re-measurement
- Lump sum
When might you use a cost plus fee (cost reimbursement)? Who carries the risk ?
- Cost plus fee (fixed, variable, percentage)
- Tend to use for projects that are uncertain. Example may be refurbishment work – don’t know full extent of work at start.
- Client carries risk for costs – contractor would charge too much to take on risk of uncertainties.
When might you use an incentive (Target cost or Guaranteed Maximum cost) contract? What are their implications
- Often used with Early Contractor Involvement
- Design developed to stage where can be reasonably confident of costs, then negotiation of expected cost
- Both client representatives and contractor need to agree that the sum is reasonable – not over-expensive for client, achievable with reasonable profit for contractor.
- After price agreed, construction starts.
- If final sum is above or below target, contractor and client share over- or under-spend
- Contractor will charge for risk carried
What elements are required for a contract to be formed and what is the process in Construction?
-Offer + Acceptance
-Mutual consideration
one party provides goods / service,
the other party pays in return
must be legal
-Parties must have necessary capacity & authority
-Genuine consent & intention to be legally bound
Tender process:
-The Employer / Client invites tenders – “invitation to treat”
-The Contractor submits his tender – the “offer”
-The Employer accepts this offer – the “acceptance”
-The Contract Sum is the “consideration”.
Name 3 important pieces of legislation that concern construction
- HASAWA 1974
- Management of H&S at Work Regulations 1999
- Construction (Design and Management) Regulations 2015 (CDM)
What are 3 of the main causes of fatal injury?
- Fall from height
- Trapped by something collapsing
- Struck by moving vehicle
- Struck by object
- Electricity
What are 3 of the main work-related illnesses?
- Musculo-skeletal
- Respiratory disease (various types) – often due to dust
- Occupational cancer (particularly due to exposure to asbestos & silica
- Skin disease
- Other (Deafness, Hand-Arm-Vibration)
- Stress
What are the wider impacts of work-place accident and illness?
- Economic / financial
- Employer
- Employee
- Country GDP?
- Social – family, workmates etc
- HSE involvement – prohibition etc
- Impact on programme
What is meaning of RIDDOR?
Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations (2013)
What is required under RIDDOR?
- Deaths
- Major specified injuries
- Over 7-day injuries to workers
- Over 3-day injuries – recorded but not reported
- Injuries to non-workers – members of the public
- Occupational diseases
- Dangerous occurrences – near misses
What is role of HSE and what powers do they have?
-Provide advice to all stakeholders
-Enforce criminal H&S law on behalf of society – not individuals
-Improvement Notices
-Prohibition Notices
-Prosecutions
-Carry out:
site inspections
complaints investigations
accident / incident investigations - - ask questions, take statements
-Powers:
Entry at reasonable time – with police if necessary and authorise others to enter eg gas, electricity
Examine and make investigations Require premises to be left undisturbed
Take samples / take into possession articles or substance
Dismantle and test dangerous article / substance
Require information, facilities, production of books or documents
Issue Improvement or Prohibition Notices
Seize, destroy or render harmless article/substance if imminent danger
Any other power necessary to carry out functions!
Who has duties w.r.t. H&S under CDM regulations?
- Client
- Principal Designer
- Principal Contractor
- Designers
- Contractors
- Workers…
What is role of Client under CDM?
-Accountable for the influence which they have over the project – overall responsibility
-Principal Designer (PD) is the client’s key adviser – client must act on their advice;
-Client must
-Appoint PD & pass information
-Check competence of those employed
provide enough time and resource to carry out the project safely and without risk to health;
-Ensure welfare & construction phase H&S plan.
What is role of Designer under CDM?
- Designs should be safe for those who:
- construct them;
- use them;
- and maintain them.
- Take into account risks directly related to proposed use of the structure;
- Risk reduction should be proportionate;
- Inform project team of any residual risks relating to design
What pre-construction information must the Client provide to those tendering for the work?
- Description of the work;
- Management requirements;
- Environmental restrictions and existing on-site risks;
- Significant design and construction hazards;
- Health and safety file. …
You are aware that a Prohibition Notice has been placed on some site equipment. What does this mean?
a) It must not be used unless operatives are supervised
b) It must not be used until serious safety issues have been rectified
c) It can only be used under supervision of the HSE inspector
d) Only supervisors can use it
b) It must not be used until serious safety issues have been rectified
