26 - APC Presentation &Case Study

Question 1

D&B- helped programme requirements- how?

Answer 1

Design & Build (D&B) helps meet programme requirements by allowing design and construction to overlap, which speeds up the project timeline.

In D&B, the contractor manages both design and construction, which reduces the need for multiple approvals and allows for faster decision-making and early procurement of long-lead items.

This streamlined process helps achieve key milestones more efficiently, keeping the project on track.

Question 2

How did you determine the base build was in delay & extent of this? How did delay increase? How did you monitor this?

Answer 2

Identifying Delay:
Conducted regular site visits and programme reviews.
Noted key milestones were not being met during a monitoring visit.

Confirming Delay:
Raised concerns with the Basebuild team, who confirmed delays.
Reviewed the Basebuild Programme with the team to assess the delay’s extent.

Monitoring Ongoing Delay:
Used weekly progress updates and project dashboards to track any further delays.
Adjusted timelines as needed based on continued monitoring.

Question 3

How did you negotiate early access with basebuild contractor?

Answer 3

To negotiate early access with the basebuild contractor, I took the following steps:

Prepared a Proposal: Assessed areas of the site where early access could begin without disrupting the basebuild work and created a detailed proposal outlining the benefits and programme impact.

Held Initial Discussions: Met with the basebuild contractor, developer, and project manager to present the proposal, explaining how early access would help meet the overall project timeline and prevent delays for the fit-out phase.

Addressed Key Concerns: Discussed potential risks, including site logistics, health and safety, coordination of trades, and insurance requirements, and proposed solutions to manage these effectively.

Secured Agreement: Worked with all parties to finalize specific early access dates and conditions, documenting the terms in a file note for formal confirmation, ensuring alignment across all stakeholders.

By demonstrating the benefits and addressing their concerns proactively, I was able to gain the basebuild contractor’s agreement to the early access strategy.

Question 4

Early access strategy- What was this strategy and how was it implemented?

Answer 4

Objective: Enable the fit-out contractor to begin work on certain floors before Basebuild Practical Completion to help meet programme requirements.

Implementation Steps:

Identify Viable Areas: Reviewed the basebuild programme to pinpoint specific floors ready for early access without affecting basebuild work.

Stakeholder Coordination: Held discussions with the Basebuild team, client, and fit-out contractor to ensure alignment on timelines, logistics, and responsibilities.

Formalize Access Arrangements: Drafted a file note capturing agreed access dates, coordination requirements, and safety measures, which was circulated to all parties for confirmation.

Establish Clear Boundaries: Defined work zones for the fit-out contractor to avoid interference with the basebuild contractor’s ongoing work.

Regular Monitoring and Communication: Set up progress updates and site meetings to address any issues and maintain smooth coordination throughout early access stages.

Question 5

How would you escalate the delays?

Answer 5

Identify the Delay’s Impact: Assess and document the extent and impact of the delay on the overall programme and critical milestones.

Notify Key Stakeholders: Inform the client, project sponsors, and senior management about the delay, explaining its potential effects on project outcomes.

Engage with the Contractor: Arrange a meeting with the basebuild and fit-out contractors to understand the root causes and discuss corrective actions.

Present Mitigation Options: Propose solutions, such as early access or revised work schedules, to minimize the delay’s impact.
Request Additional Resources or Support: If needed, request additional resources or schedule adjustments from stakeholders to keep the project on track.

Document and Track Escalation: Log all escalated issues in the project dashboard and update stakeholders regularly until the delay is resolved.

Question 6

Mention 2wks float in programme- What are the different types of float? How is float dealt with under JCT? Who is entitled to the float?

Answer 6

Different Types of Float:

Total Float: The amount of time a task can be delayed without affecting the project’s overall completion date.

Free Float: The time a task can be delayed without impacting the start of any subsequent tasks.

Project Float: The time added to the overall project duration, which provides a buffer between project completion and the client’s required completion date.

How Float is Dealt with Under JCT:

Ownership of Float: Under JCT, float isn’t explicitly assigned to either party, so it’s often considered to be available for the project as a whole. It can be used by either party if delays occur.

Entitlement to Float: In practice, float is typically used on a first-come, first-served basis, meaning the party whose activities cause the delay may use available float to minimize programme impact.

In short, float under JCT is shared, allowing either the contractor or employer to benefit from it as needed to meet programme requirements.

Question 7

Sectional Completion- What did you require to introduce sections into the contract? What do you require from each party? Was it a deed or underhand? What was the limitation period as a result?

Answer 7

Requirements to Introduce Sections:

Clear Definition of Sections: A clear breakdown of which parts of the project would be completed as separate sections, each with its own completion date.

Revised Programme: A detailed programme showing completion dates for each section, agreed upon by all parties.
Requirements from Each Party:

Client: Agreement on sectional dates and understanding of implications, such as partial occupancy and potential additional operational considerations.

Contractor: Acceptance of sectional handover requirements and commitment to manage works to meet sectional completion dates, ensuring minimal disruption to remaining works.
Deed or Underhand:

This was typically completed by deed to ensure clarity and enforceability for each section.
Limitation Period:

Since it was completed by deed, the limitation period is 12 years for claims related to sectional completion.

Question 8

Expectations for handover- what were these? How did you communicate these with the Contractor?

Answer 8

These were communicated at the tender stage and within the contract.

How I Communicated These with the Contractor

Pre-Handover Meetings: Organized regular handover planning meetings with the contractor well in advance to review all handover expectations.

Handover Checklist: Issued a detailed handover checklist covering all criteria, documentation, and required conditions.

Written Confirmation: Sent formal communications summarizing expectations and the agreed handover process, ensuring alignment and clarity across all parties.

Question 9

Cat B vs Cat A

Answer 9

Cat A and Cat B refer to levels of office fit-out:

Cat A: The basic fit-out provided by the landlord or developer, typically including ceilings, raised floors, basic lighting, HVAC, and fire alarms. It leaves a “blank canvas” for tenants to add their specific requirements.

Cat B: A customized fit-out tailored to the tenant’s needs. It includes partition walls, meeting rooms, flooring, specialized lighting, furniture, branding, and any unique finishes to create a fully operational workspace.

In short: Cat A is a standard, ready-to-occupy shell, while Cat B turns it into a functional, personalized office for the tenant.

Question 10

How did you score Contractors and shortlist them?

Answer 10

Scoring and Shortlisting Contractors

Evaluation Criteria:

Technical Capability: Assessed experience on similar projects, qualifications, and relevant expertise.

Programme and Approach: Evaluated proposed timeline, methodology, and understanding of project requirements.

Financial Stability: Reviewed financial health to ensure the contractor could support the project’s duration.

Pricing and Value: Scored based on submitted cost proposals, balancing budget alignment with value offered.

Health & Safety: Checked safety records, policies, and accreditations to ensure compliance and site safety.

References and Reputation: Considered feedback from past clients and reviews of previous work quality.

Scoring Methodology: Created a weighted scoring matrix for each criterion to objectively evaluate each contractor’s suitability.
Shortlisting:

Compiled and ranked scores to shortlist top-performing contractors for final interviews or presentations before selecting the preferred bidder.

Question 11

What’s included in tender docs

Answer 11

Invitation to Tender (ITT): Outlines the tender process, submission requirements, deadlines, and selection criteria.

Scope of Works: Detailed description of the work required, including project objectives, specifications, and quality standards.

Drawings and Plans: Architectural, structural, and MEP (mechanical, electrical, plumbing) drawings that define the project’s design and requirements.

Specifications: Detailed technical standards for materials, workmanship, and finishes required for the project.

Bills of Quantities / Pricing Schedule: Itemized list of materials, quantities, and work items that contractors use to price their bids.

Contract Terms: Proposed contract (e.g., JCT, NEC) with terms and conditions that will govern the project.

Health and Safety Requirements: Expectations for site safety, risk assessments, and relevant safety certifications.

Tender Return Requirements: Instructions on the documents to be submitted, including pricing, programme, and any other specific information requested.

Form of Tender: A declaration form for contractors to confirm they understand and agree to the tender conditions and terms.

Question 12

You mention in your case study that the D&B route helped programme requirements- how?

Answer 12

In my case study, the Design & Build (D&B) route supported programme requirements by allowing design and construction phases to overlap, accelerating the timeline.

With D&B, the contractor managed both the design and construction processes, enabling faster decision-making and early procurement of long-lead items.

This integrated approach helped reduce delays, streamline communications, and allowed us to tackle critical tasks simultaneously, keeping the project on track with our programme requirements.

Question 13

You mentioned GTMS were appointed prior to RIBA Stage 0, what is involved in Stage 0?

Answer 13

RIBA Stage 0 – Strategic Definition involves establishing the project’s strategic objectives and determining if it’s viable. Key activities include:

Identifying Client Objectives: Understanding the client’s goals, needs, and budget.

Initial Feasibility Study: Assessing site potential, constraints, and high-level costs.

Project Brief Development: Outlining the project’s purpose, requirements, and desired outcomes.

Project Team Appointments: Engaging initial consultants, like GTMS, for early-stage input and guidance.

Business Case Preparation: Ensuring the project aligns with the client’s strategic objectives and provides value.

The goal of Stage 0 is to confirm the project’s purpose, feasibility, and alignment with client expectations before moving forward.

Question 14

What contract provisions exist relating to possession of the site?
Could this have been explored instead and what is the process for this?

Answer 14

Under the JCT Standard Form of Building Contract, an employer can defer giving possession of a construction site to a contractor for up to six weeks from the contract’s “Date of Possession”. This deferment is considered a Relevant Event, which entitles the contractor to additional time. The contractor may also be entitled to recover losses and expenses from the employer if the deferment significantly impacts the project’s progress.

If the employer fails to give possession of the site on time, it’s a serious breach of contract. The contract may also state the consequences of this failure, such as the employer losing the right to claim liquidated damages.

Some reasons why an employer might defer possession include: Plant hire, Using operatives elsewhere, Delivery dates, Sub-contractor key dates, and Increased costs and interest charges.

Question 15

Early access strategy- How did it impact CDM?

Answer 15

The early access strategy impacted CDM (Construction Design and Management) Regulations in several ways, requiring adjustments to ensure compliance:

Coordination of Health and Safety Responsibilities: With both the basebuild and fit-out contractors on site simultaneously, I ensured that roles and responsibilities under CDM were clearly defined to avoid any gaps or overlaps in safety duties.

Updated Risk Assessments and Method Statements (RAMS): Each contractor had to update their RAMS to reflect the shared site environment, specifically addressing risks associated with multiple trades operating in the same space.

Enhanced Site Induction and Briefings: Conducted additional inductions and briefings to cover specific hazards posed by early access and shared site activities, ensuring all workers were aware of additional risks and procedures.

Revised Site Logistics Plan: Adjusted the logistics plan to account for shared access routes, equipment zones, and material storage, minimizing safety risks and potential clashes between teams.

By addressing these CDM requirements, we maintained a safe, compliant site despite the complexities introduced by early access.

Question 16

You mention you developed a phased construction programme to implement the early access strategy, how did you develop this?

Answer 16

I personally did not develop this. I supported the main fit-out contractor developing a revised construction programme.

Question 17

Sectional Completion- How did you introduce sections into the contract? What do you require from each party? Was it a deed or underhand? What was the limitation period as a result?

Answer 17

Deed of variation:
1. New scope, cost
2. Dates
3. Written agreement / confirmation from all parties,
4. Signature by 2 company directors/secretary.

Deed vs underhand – 12 vs 6 yrs limitiation period

Question 18

Expectations for handover- what were these? How did you communicate these with the Contractor?

Answer 18

Included with ITT docs, if changed they were included within the Deed of Variation.

Question 19

You mention in your documents that the basebuild was Practically Complete by 26th October 2023, what was the overall delay to the fit out contract and how was this dealt with?

Answer 19

The overall delay to the fit-out programme was 6 months.

This delay was dealt with through a Delay Notice and a Extension of Time.

The delay was classed as a Relevant Matter because it entitled the contractor to both Time and Expense.

The time approved was 6 months and the expense was 6 months of contractor pre-lims.

The costs attached to preliminaries may also be referred to as ‘preliminaries’ or ‘prelims’, or as ‘site overheads’, or general cost items or expenses. The Code of Estimating Practice published by the Chartered Institute of Building (CIOB) describes preliminaries as: ‘…the cost of administering a project and providing general plant, site staff, facilities, and site based services and other items not included in the rates.’

Question 19

Were there any risks associated with the submission of a tender addendum?

Answer 19

Yes, there are risks associated with submitting a tender addendum, as it can impact the tender process and project outcomes. Key risks include:

Misinterpretation of Information: If the addendum isn’t clear, bidders may misinterpret the changes, leading to inconsistent bids and potentially higher costs or quality issues.

Increased Bid Costs and Delays: Additional time and resources are needed for bidders to adjust their submissions, which can delay the tender process and potentially the overall programme.

Risk of Non-Compliance: Some bidders may miss the addendum or fail to incorporate it fully, resulting in non-compliant bids and difficulties in evaluating submissions consistently.

Scope Creep or Budget Overruns: Changes in the addendum might expand the project scope or introduce new requirements, increasing project costs beyond the initial budget.

Legal and Contractual Risks: If the addendum changes key terms or requirements after bidders have based their pricing on the original tender, it can create disputes, especially if bidders believe the changes alter the risk profile significantly.

Properly communicating and documenting the addendum and allowing sufficient time for adjustments are essential to mitigate these risks.

Question 20

What’s included in tender docs:

Answer 20

Form of tender

Scope

Cost

Programme

Terms

Question 21

What is a Pre qualification process used for, what would the benefit of this process?

Answer 21

The Pre-Qualification Process (PQP) is used to screen potential contractors or suppliers before they are invited to tender. It assesses whether they meet the essential criteria, such as experience, financial stability, technical capability, and health & safety standards.

Benefits of the Pre-Qualification Process:

Ensures Quality and Capability: Filters out unqualified bidders, ensuring that only contractors with the required skills and experience progress to tender.

Reduces Project Risks: Minimizes risks of non-performance, as the process confirms that contractors have a proven track record and capacity to handle the project.

Saves Time and Costs: By pre-qualifying contractors, fewer unsuitable bids are submitted, streamlining the evaluation process and reducing time spent on reviewing unsuitable bids.

Promotes Fair Competition: Establishes clear standards and criteria for all bidders, ensuring a fair and transparent selection process.

Builds Confidence for Stakeholders: Demonstrates to the client and project stakeholders that qualified, reliable contractors will be invited to tender, increasing confidence in the procurement process.

Question 22

What elements were included within your scoring Matrix to score the contractors?

Answer 22

So during the tender process, I utilised two scoring matrices and then produced a final tender recommendation report.

For the long list scoring matrices, I utilised a high-level scoring matrices which was divided into the following:

1. Relevant Project Experience (25%)
2. Team Experience (25%)
3. Programme Compliance (25%)
4. Cost (25%)

I also flagged if they had any exclusions and if there was a conflict of interest.

Then following the reduction from 6 to 3 contractors, a second scoring matrices was developed for the PTI Presentations / Returns & Design Competition.

The second PTI scoring matrices was divided into the following:

1. Revised cost and commercial factors
2. Detailed design and construction programme
3. Technical capability
4. Construction process i.e. H&S, Quality Management & Risk Identification / Management
5. Client Relationship and Communication
6. PTI Performance

Question 23

How did you determine that the information issued in the first procurement process was not sufficient?

Answer 23

I reviewed the RICS Guidance Note on Tendering Strategies (2014).

In accordance with the RICS Guidance note I would include:
1. ITT - Invitation To Tender
2. Instruction to tenderers with:
- The date and time for return, to whom, site visits, programme, error procedures, scoring matrix
- Conditions of proposed contract
- Pricing documentation
- Specifications
- Drawings
- Employers requirements
- Pre-construction H&S Information
- Form of tender

My client had provided the following information:

1. Invitation to tender letter
2. Contract Type
3. Date of return
4. A rough budget including a desired price per sq ft.
5. Some project information i.e. GA’s of Levels 04, 05, 06, 07

What I provided with the tender addendum:

1. Site visits, programme, error procedures, scoring matrix
2. Conditions of proposed contract i.e. Practical Completion Checklist information
3. Pricing documentation
4. Specifications - BBD and Tenant Fit-Out Guide
5. Drawings - HL & LL drawings
6. Employers requirements
7. Form of tender

Question 23

How did you assess the Contractor returns and communicate these to the Client?

Answer 23

Utilizing scoring matrices and a tender recommendation report.

Question 24

What other procurement options are available? Why were any other procurmenet routes unsuitable?

Answer 24

Other procurement options include:

Traditional Procurement: The design and construction phases are separate, with the employer retaining control over design before hiring a contractor to build.

Why Unsuitable: This route can extend project timelines due to the sequential approach, which would not meet tight programme requirements.
Management Contracting: The management contractor oversees works, but contracts directly with trade contractors, allowing an overlapping approach to design and construction.

Why Unsuitable: While flexible, it would place more risk and complexity on the employer, who must manage multiple trade contracts, which might be challenging without in-house expertise.
Construction Management: Similar to management contracting, but the employer contracts directly with each trade contractor while a construction manager coordinates the works.

Why Unsuitable: The employer assumes more risk and control, requiring significant involvement in contract management and coordination, which may not be ideal for projects requiring streamlined management.

D&B was chosen because it allowed design and construction to overlap, reducing timelines and providing a single point of responsibility, aligning well with programme and risk requirements.

Question 25

Disadvantages of design and build?

Answer 25

• Limited client control over design – once the contract is awarded, the contractor controls both the design and construction, limiting the client’s influence over design development and potentially reducing design quality and flexibility.
• Potential for lower design quality – Since the contractor is incentivized to control costs, they may prioritize cost efficiency over high quality design details, which can result in a compromise on aesthetics or functionality.
• Increased Design Risk for the Contractor - The contractor assumes full responsibility for both design and construction, which can lead to higher pricing at the tender stage as contractors include a risk premium for potential design issues.
• Less Competitive Design Process: Unlike in traditional procurement, where design is fully developed and tendered, in D&B, contractors may focus more on cost and construction feasibility than on design innovation or excellence.

Question 26

Disadvantages of Traditional?

Answer 26

• Longer Project Duration: The design must be fully completed before the tendering and construction can begin, leading to a longer overall project timeline compared to other procurement methods like Design and Build.
• Less Contractor Input During Design: Since the contractor is not involved in the design phase, constructability issues or opportunities for cost savings may be missed, as their expertise is not integrated early in the project.
• Potential for Cost Overruns: If the design is not well-coordinated or detailed enough, there may be variations or unforeseen costs during construction, leading to budget overruns due to design errors or omissions.
• Risk of Design-Related Delays: Any errors or gaps in the design identified during construction may cause delays, as design issues need to be resolved before work can proceed.

Question 27

So you say you were the Employers Agent on the project. What is the difference between an Employers Agent & Contract Administrator?

Answer 27

Yes, on the project I was the Employers Agent. The main difference between an Employer’s Agent and a Contract Administrator lies in the type of procurement route they are used in and the scope of their responsibilities:
1. Employer’s Agent (EA):
* Procurement Route: Commonly used in Design & Build (D&B) contracts.
* Role and Responsibilities:
o The Employer’s Agent acts on behalf of the employer (client) to manage the contract and ensure that the design and construction are carried out according to the employer’s requirements.
o The EA typically handles the communication between the employer and the contractor and represents the employer in contract-related decisions.
o They oversee the project, ensuring that the contractor adheres to the employer’s requirements and meets key project milestones, often including design approvals, progress monitoring, and handling variations.
* Main Focus: Acts as the client’s representative with broad responsibilities, including design review, contract management, and project oversight in the D&B context.
2. Contract Administrator (CA):
* Procurement Route: Typically used in Traditional Procurement routes where design and construction are separate.
* Role and Responsibilities:
o The Contract Administrator manages the construction contract between the employer and the contractor, ensuring that the contractor builds the project according to the architect’s design and specifications.
o Their duties include certifying payments, issuing instructions, managing variations, and overseeing practical completion.
o The CA also ensures that the contractor meets contractual obligations and may handle any disputes or delays during construction.
Main Focus: Administers the contract and ensures that construction follows the design, dealing mostly with site work and contractor performance during construction.
Summary:
An Employer’s Agent is primarily used in Design & Build contracts, where they manage both design and construction on behalf of the client.
A Contract Administrator is used in Traditional contracts, focusing on ensuring the contractor delivers the project as per the design, mainly overseeing the construction phase.

Question 28

Be prepared for questions around total float vs time risk allowance and the provision of float under the JCT contract?

Answer 28

So, my understanding of total float vs time risk allowance is as follows:

Total Float:
* Definition: Total float is the amount of time an activity in the project schedule can be delayed without delaying the overall planned completion date.
* Ownership:
o JCT: Under JCT contracts, total float is typically considered a shared resource for the project. It is not specifically allocated to either the contractor or the employer. This means both the contractor and the employer can potentially use the float to absorb delays without impacting the project’s completion date.
o NEC: In NEC contracts, the contractor’s programme should explicitly show the total float, but the float belongs to the project and can be used by either party. NEC does not assign float to any particular party.
Example: If an activity can be delayed by 5 days without affecting the overall completion, the total float is 5 days. Either the employer or the contractor can use this float.
Time Risk Allowance (TRA):
* Definition: Time risk allowance (TRA) is a contingency time included in the programme to manage the risks associated with specific tasks or activities.
* Ownership:
o JCT: JCT contracts do not explicitly refer to Time Risk Allowance. Although a contractor may build in contingency for their own tasks, it is not formally recognized as a contract term under JCT. Instead, time risks are generally managed through extensions of time if delays occur due to events beyond the contractor’s control.
o NEC: In NEC contracts, TRA is explicitly recognized as a part of the contractor’s programme. The contractor is encouraged to include time risk allowance to manage uncertainty and potential delays within individual tasks. TRA is under the control of the contractor and is used to manage risks in specific activities without impacting the overall project timeline.
Example: If a contractor estimates a task might take 10 days but could be delayed due to risks, they may plan for 13 days, including 3 days as time risk allowance.

Question 29

Please run us through the RIBA Stages:

Answer 29

1. Strategic Definition
2. Preparation & Briefing
3. Concept Design
4. Spatial Coordination
5. Technical Design
6. Manufacturing & Construction
7. Handover
8. In-Use

Question 30

What are the provisions of early access and partial possession under the JCT contract?

Answer 30

Early Access is a negotiated arrangement where the employer can enter the site to carry out specific works before Practical Completion. The contractor still controls the area, and Practical Completion is not triggered.

Partial Possession is a formal handover of a completed section of the project to the employer, triggering Practical Completion for that section, ending the contractor’s responsibilities for that part, and starting the defects liability period.

Question 31

Okay, please talk about Early Access and how this impacted your project?

Answer 31

So in this instance, the important thing to consider is the Basebuild Contractor was providing Early Access to the Fit-Out Contractor prior to overall Basebuild Practical Completion.
The important topic in this situation concerns CDM Regulations.

There can only be one Principal Contractor on a construction project at any given time, and that party retains overall control of health and safety.
Under the CDM 2015 Regulations, the Basebuild Contractor remained the Principal Contractor, and they held responsibility for managing the overall site safety, including during any phases of early access granted to the fit-out contractor.

The Basebuild Contractor, as the Principal Contractor, was also responsible for coordinating with my fit-out contractor to manage overlapping activities and ensure compliance with health and safety measures. My fit-out contractor operated under the Principal Contractor’s CDM plan, ensuring that work is done safely within the shared site.

During the early access period, a risk management strategy was discussed, agreed and implemented to ensure that both the Basebuild and fit-out contractors understood their roles. Clear lines of communication and coordination were implemented to maintain site safety and CDM compliance, ensuring that any risks from overlapping activities were managed effectively.

In addition, as part of the Early Access Strategy, the Basebuild Contractor would offer up Levels, which would then be inspected by my fit-out contractor and Monitoring Consultants who would confirm if the Level was suitable to begin work. Once confirmed my fit-out contractor would undertake a snag / defect survey of the floor to ensure that any remaining Basebuild Issues were evidenced.

Question 32

Please can you discuss Practical Completion?

Answer 32

Definition: Practical Completion marks the point at which the project is considered complete enough for the client to take possession and begin using the building, even though minor works (snagging) may still be outstanding.
Key Features:
* The building is safe, usable, and complies with all legal requirements.
* No major defects remain that would prevent the building’s intended use.
* Minor defects or outstanding works (often referred to as “snagging”) will be listed and rectified post-handover.
* It triggers the release of retention monies (usually half), the start of the Defects Liability Period (typically 6 or 12 months), and insurance responsibility is transferred to the client.
At Handover:
* The client is expected to receive possession of the building.
* Documentation, such as as-built drawings, operating and maintenance manuals, and any warranties, is provided.
* Outstanding items are documented for future rectification

Question 32

Please can you discuss Sectional Completion?

Answer 32

Definition: Sectional Completion refers to the handover of individual sections or phases of a project before the entire project is completed. Each section is treated as a standalone area that can be occupied and used while other sections remain under construction.
Key Features:
* It allows the client to occupy or use parts of the building while construction continues on other areas.
* It typically involves multiple completion dates, each with its own set of milestones, responsibilities, and practical completion certificates.
* Separate Defects Liability Periods and retention releases may apply to each section.
At Handover:
* The section being handed over must be complete and ready for use, similar to Practical Completion, but only for that specific area.
* The client may start using that section while other parts of the building remain unfinished.

Question 33

What are the differences between SC & PC?

Answer 33

Scope: Practical Completion applies to the entire project, while Sectional Completion is specific to individual sections or phases of the project.

Completion Date: Practical Completion marks the final completion of the whole project, whereas Sectional Completion can involve multiple completion dates for different sections.

Question 34

Please can you explain how a deed of variation is implemented?

Answer 34

Question: Please can you explain how a deed of variation is implemented?

Answer: A deed of variation can be used to formally change the terms of an existing contract.
It is used when the parties involved - typically the client and the contractor - agree to alter specific provisions of their original contract after it has been executed.
The deed ensures these changes are legally binding and properly documented, avoiding misunderstandings or disputes the future.
It helps maintain the integrity and continuity of the contractual relationship while allowing the necessary flexibility during the construction process.
Here’s how a Deed of Variation is typically implemented on a contract:
1. Identify the Need for a Variation:
* The parties (usually the employer and the contractor) identify a substantial change in the contract that cannot be addressed through the contract’s typical variation or change control process.
* This could include changes like:
o Extending the contract period significantly.
o Adding or removing major work packages.
o Changing key contract terms (e.g., payment structure or liabilities).
2. Agreement Between the Parties:
* The employer and contractor (and any other relevant parties) must agree on the proposed changes. This is essential, as a deed of variation requires the mutual consent of all contracting parties.
* The terms of the change are clearly defined and negotiated, with the scope of the variation documented. This includes agreeing on the commercial, legal, and practical implications of the change.
3. Drafting the Deed of Variation:
* A legal document is drafted, typically by a solicitor or legal expert, which outlines the specific changes to the original contract. This document is the Deed of Variation and will include:
o Details of the original contract: Reference to the existing contract being modified (date, parties, project details, etc.).
o Specific variations: The exact terms that are being varied, including clauses, completion dates, or scope of works.
o New terms and conditions: Any new provisions or adjustments to the original terms, such as updated obligations, payment terms, or schedules.
o Effective date: When the deed of variation takes effect.
4. Execution (Signing) of the Deed:
* The deed of variation must be executed as a deed (i.e., formally signed and witnessed) by the parties involved. In the UK, deeds require:
o Signatures from both the employer and contractor (and any other relevant parties, such as subcontractors or consultants).
o The signatures must usually be witnessed by an independent party.
o In some cases, seals may be required if the original contract was sealed.
5. Incorporation into the Existing Contract:
* Once executed, the deed of variation becomes legally binding and forms part of the original contract. It is an amendment to the original agreement, meaning the parties must now comply with the revised terms.
* The original contract remains in place, but the specific provisions outlined in the deed of variation are modified or replaced.
6. Update Project Documentation and Communication:
* The amended terms should be clearly communicated to all relevant parties, including the project management team, subcontractors, and consultants, to ensure everyone is working under the new terms.
* Project schedules, programmes, and payment plans may need to be updated to reflect the new contract terms.
Summary of Steps to Implement a Deed of Variation:
1. Identify the need for change in the original contract.
2. Negotiate and agree on the new terms between the employer and contractor.
3. Draft the Deed of Variation, detailing the specific changes to the original contract.
4. Execute the deed (sign and witness) according to legal formalities.
5. Incorporate the deed into the original contract, making the variation legally binding.
6. Communicate and update project documentation to reflect the new terms.
By following these steps, a Deed of Variation is formally implemented, ensuring that the contract is updated in a legally binding manner while maintaining the integrity of the original agreement.

Dead of variation = 12 years limitation

Question 35

RIBA Stages?

Answer 35

Here’s a brief overview of what happens at each RIBA Stage:

Stage 0 – Strategic Definition: Establish project objectives, feasibility, and alignment with client goals.

Stage 1 – Preparation and Brief: Develop the project brief, including requirements and budget, and assemble the project team.

Stage 2 – Concept Design: Create initial designs and layout options to meet the brief; review costs and initial planning requirements.

Stage 3 – Spatial Coordination: Refine designs with coordinated plans for structure, systems, and spatial layout; obtain client approval.

Stage 4 – Technical Design: Develop detailed, construction-ready drawings and specifications for tender and contractor use.

Stage 5 – Manufacturing and Construction: Begin construction on site, following the technical design, and monitor progress against the programme.

Stage 6 – Handover: Complete the build, hand over to the client, and provide user guides and maintenance plans.

Stage 7 – Use: Support client during building occupancy, review performance, and address any operational issues.

Each stage moves the project from high-level planning to construction and post-completion.

Question 36

S Curve and Progress?

Answer 36

An S-curve can indicate a contractor is behind programme if the actual progress line falls below the planned S-curve. This gap suggests:

Lag in Work Progress: The cumulative work or expenditure completed is less than expected, indicating that tasks are not advancing as scheduled.

Lower Expenditure: If actual spending is below the planned curve, it often means resources and activities haven’t reached the anticipated level, a sign of delay.

Flattened Curve: A slower-than-expected increase in the S-curve slope suggests limited progress over time, indicating the project is moving at a slower pace than planned.

This visual lag on the S-curve allows project managers to identify delays early and take corrective action to keep the project on track.

Question 37

Single stage design and build explained from appointment through to contract signing and then construction. Please explain.

Answer 37

In a Single Stage Design and Build (D&B) approach, the contractor is appointed to handle both the design and construction through a single-stage tendering process. Here’s how it typically works:

Appointment (Tender Process):

The client issues a tender package with a brief, design intent, and specifications to several contractors.
Contractors submit fixed-price bids based on the initial design information, which includes their cost for both design completion and construction.
After evaluating bids, the client selects a contractor based on criteria such as price, experience, and proposed approach.
Pre-Contract (Design Development and Agreement):

The selected contractor begins design development, refining the design to meet client specifications within the agreed budget.
At this stage, the contractor and client finalize the contract figure, including the costs for both design and construction, ensuring all details are clear.
Contract Signing:

Once the design and cost are agreed upon, both parties sign the Design and Build contract, formally appointing the contractor to complete the project.
The contract includes a fixed-price sum, design obligations, construction requirements, and timelines.
Construction:

The contractor moves into the construction phase, taking full responsibility for executing the design and meeting the client’s requirements.
During this phase, the contractor manages construction activities, quality control, and coordination until Practical Completion.
In summary, Single Stage D&B involves appointing a contractor based on a fixed-price tender, agreeing on design and budget before contract signing, and progressing to construction with the contractor managing both design finalization and build execution.

Question 38

What about design changes during a D&B contract?

Answer 38

In a Single Stage Design and Build (D&B) approach, design development typically continues after contractor appointment, which can lead to adjustments in scope and potentially affect costs or timelines. Here’s how the process works when the design develops post-appointment:

Appointment and Initial Design Scope:

The contractor is appointed based on initial tender documents, which outline the design intent and a preliminary scope.
This initial scope allows the contractor to submit a fixed price based on an expected level of design development.
Design Development Phase:

Once appointed, the contractor collaborates with the design team to finalize the design details in line with the client’s intent and specifications.
During this phase, value engineering may occur to adjust materials, methods, or elements of the design to meet budget and quality expectations without exceeding the agreed cost.
If design adjustments lead to scope changes, the contract terms typically include mechanisms for design variation requests, which allow for formal adjustments to scope or cost if necessary.
Managing Changes to Cost or Programme:

The contractor must communicate any potential impacts on cost, timeline, or scope due to design developments.
The client and contractor may need to re-evaluate the contract sum if design changes significantly impact the original tendered scope.
Minor design refinements are often absorbed within the original contract price, while significant changes may lead to variation orders and adjustments.
Formal Agreement and Contract Updates:

If substantial design development occurs, the D&B contract may need a deed of variation or amendment to accommodate any changes in cost or timeline.
Any updated design is formally incorporated into the contract, ensuring the contractor’s obligations remain clear and enforceable.
In Single Stage D&B, design development is expected, but the contractor typically manages these changes within the agreed scope unless substantial variations arise, in which case formal variations are documented and approved by the client.