All

Question 1

What are some examples of unconscious bias?

Answer 1

• Halo effect
• Horns effect
• Authority bias
• Gender bias
• Recency bias
• Beuaty bias

Question 2

What are the fines under GDPR?

Answer 2

Major breach = £17 million or 4% of turnover
Minor = £8 million or 2% of turnover
(Whichever is higher!)

Question 3

What are the sections under a JCT D&B?

Answer 3

1. Definition and interpretation
2. Carrying out of the works
3. Control of works
4. Payment
5. Change
6. Injury, damage, insurance
7. Assignment, TPR, Collateral warranties
8. Termination
9. Disputes

Question 4

If a contractor applied for materials offsite, what are the criteria to do so?

Answer 4

• Proof of ownership transfer
• Insurances
• Labelled clearly with ownership stated
• Offsite material bond (if req. by Client)

Question 5

If a contractor applied for materials onsite, what are the criteria to do so?

Answer 5

• Be for the works
• Be adequately protected
• Delivered to programme
• Reasonable quantity

Question 6

What are the standard JCT payment terms?

Answer 6

Interim valuation once a month
Due date 7 days after val. date
Payment notice due 5 days from Due Date
Final Payment Date (21 days from val date or 14 from DD)

21 days total. Can be amended in contract amendments. Typical in industry to go to 28.

Question 7

What are the two alternative payment types in JCT?

Answer 7

A - Stage.
B - Periodic/interim.

Question 8

What is your understanding of the HGCRA (1996)?

Answer 8

The amendments seek to provide increased certainty regarding construction payments and to provide a fairer payment regime, improve rights for contractors to suspend works in non-payment circumstances and make adjudication more accessible for the resolution of disputes.

Question 9

What is the RICS motto?

Answer 9

Est Modus in Rebus - There is measure in all things.

Question 10

When was RICS founded?

Answer 10

1868

Question 11

What is the RICS mission statement?

Answer 11

Promote quality and equip members to offer highest standard of services
Promote standards
Lead solutions to major challenges through expertise

Question 12

What are the PI levels required for a firm?

Answer 12

Based on turnover in preceeding year:
<£100k = £250k
>£100k to 200k = £500k
>£200k+ = £1m

Question 13

What are the max levels of uninsured excess?

Answer 13

£10m or less = 2.5% of sum insured or £10k
£10m+ = No limit!

Question 14

What are the 7 obligations firms have to the RICS?

Answer 14

1. Have a CPH
2. PI cover
3. Locum cover
4. Co-operate with RICS
5. Provide info promptly to standards + regs.
6. Display RICS on literature
7. Report all matters req. under rules.

Question 15

What are an RICS members individual CPD requirements?

Answer 15

Applying member = 96 hours. 48 per year. 50/50 split formal/informal.
Member = 20 per year. 50/50 split.

Question 16

What is the equality act 2010 and what importance does it have?

Answer 16

The act means workplaces must ensure all employees treated fairly and without discrimination.
Some examples:
- Adjustments of accommodation for disabled
- Elimination of discriminatory practices
- Promote diversity in recruitment
- Equal pay between gender

Question 17

How does change work in FIDIC?

Answer 17

Change can be either via instruction (by client) or proposal (by contractor)

Once instructed, the contractor has 28 days to submit particulars.

Engineer then has 42 days upon receipt to review.

Question 18

How do rates within valuations work in FIDIC?

Answer 18

Appropriate price as specified in the BOQ/SOW (contract pricing document)

New rate allowed if:
1. Item not identified/non-similar
2. Quantity change of +/- 10%
3. Works are instructed under clause 13 (change)

Question 19

What is the Bichard Review?

Answer 19

A follow on review from the Levett report reviewing the RICS governance and strategy. It aimed to create new purpose & direction for the RICS and to also prevent previous recurrence of wrongs.

The report gave 36 recommendations, namely:
1. More oversight to governing council, specifically the president.
2. New leadership roles created to simplify governance.
3. Increased importance within leadership on specialisms and geographies.
4. D&I panel
5. Public interest panel.

Question 20

What is RLBs strategy?

Answer 20

1. Have fun - Create great business culture
2. Feel valued - Create value for employees
3. Make money - 2030 target = £150m turnover, £30m profit.
4. Forever - Future proof and sustainable.

Question 21

What is an RLB goal?

Answer 21

30 by 30!
To have £150m turnover by 2030, of which £30m profit.

Question 22

What are the adv/disadv of D&B?

Answer 22

Adv:
1. Client bares no risk. The contractor is the single point of responsibility.
2. Early start onsite. (Overlap design/construction)
3. Early price certainty.
4. Buildability advice from contractor. (Technically complex projects may req this)

Disadv:
1. Hard to prepare sufficient brief.
2. Comittment at early design stage.
3. Variations from concept design COSTLY!
4. Difficult to compare tenders.

Question 23

What is vacant possession?

Answer 23

Must be provided to signify property is physically and legally fit for occupation. It’s a way to ensure that the property is completely empty and ready for the new occupant.

• Must be empty of people & furniture.
• No party holds rights to enter/possess

Question 24

What is a collateral warranty?

Answer 24

A contract a party in the works warrants to a third party beneficiary that it has fulfilled obligations under the contract.

Collateral warranties provide a bridge between clients and subbies in case of main contractor insolvency.

Question 25

Differences between JCT & NEC?

Answer 25

JCT is preferred in the private sector for its familiarity and risk transfer.

NEC is chosen for complex, large projects by proactive clients like public bodies and corporations.

JCT tends to allocate risk to contractor.
NEC tends to distribute risks more equitably. Encourages proactive management of risks through early warnings.

JCT allows provisional sums - NEC does not.

Programme a contract doc in NEC - not in JCT.

JCT leaves agreement of FINAL cost till very end.

Question 26

Whats the difference between value engineering and value management?

Answer 26

Value Engineering:

Focus: Cost reduction.
Timing: Typically during the design phase.
Goal: Identify cost-saving opportunities.
Method: Reevaluate materials and methods.

Value Management:

Focus: Overall project objectives.
Timing: Throughout the project lifecycle.
Goal: Enhance project value and performance.
Method: Broader assessment of project goals.

Question 27

What is NIA:GIA ratio?

Answer 27

In accordance with RICS measuring practice, it is the Net Interanal Area vs Gross Internal Area .

Below 70% is bad.
Above 85% is good.

Question 28

What is wall to floor ratio?

Answer 28

Relationship between wall and floor area.
Shows cost efficiency for the building.
The lower the ratio the cheaper the building is to construct; this is because less ext. envelope compared to floor area.

Question 29

What are some different piling types?

Answer 29

Two main types: End Bearing / Friction Transfer.

Bored (CFA/SFA) - Augur into ground.
Driven - Hammered using vibration.
Screw
Sheet - Type of driven.

Question 30

Difference between EA/CA?

Answer 30

EA can be employed during pre-contract.
EA involves a more PM/decision-making role that includes scope and budget control.

CA considered a more impartial role only focused on administering the contract (pay certs, variations, disputes)

Question 31

What is contract execution & contract engrossment?

Answer 31

Execution: Signing of engrossed contract

Engrossment: Preparation of contract

Question 32

In the DC project, how was the agreement formalized after stage one?

Answer 32

A PCSA was entered into.

• Cost Certainty: Provides a more accurate cost estimate, reducing the likelihood of unexpected expenses.
• Detailed Planning: Allows for the development of detailed project plans and specifications.
• Time Investment: While it may add some time to the project’s timeline due to additional planning, it can lead to time and cost savings by preventing issues and changes during the construction phase.

Question 33

What are the 8 RIBA Plan of Works stages?

Answer 33

0. Strategic Definition
1. Prep and brief
2. Concept Design
3. Developed Design
4. Technical Design
5. Construction
6. Hand-over
7. In Use

Question 34

What is the RIBA plan of works?

Answer 34

It organizes the construction project process into EIGHT stages.

These stages detail the outcomes, core tasks, and information exchanges at each stage.

It provides the project team with a road map for promoting standards and consistency from one stage to the next.

Question 35

What is CDM? When was it released?

Answer 35

CDM 2015 was most recently updated in Sep 2021.

It is in place to ensure H&S issues are managed in order to reduce risk of harm from building use & maintenance.

Question 36

What are the key roles in CDM?

Answer 36

PD - Principal Designer
Pre-construction design H&S management

Client
Ensure competency, allow time, allow resource.
Note clients are deemed to be the active PD when appointments aren’t yet made.

Question 37

What is included in a PCI pack?

Answer 37

Description of works
Client considerations - hoarding, welfare, traffic, permits to work.
Previous H&S files
Existing surveys (services, ground conditions, asbestos, contamination)
Design/construction hazards.

Question 38

What was the MODUS article on Carbon Blindness about?

Answer 38

It centered around a group called Zero Next. ZN are a construction network demanding carbon action in the sector.

ZN argue Net Zero is far too SLOW.
They want carbon to be valued higher than COST.
They believe we have an over-reliance on fossil fuels.

Question 39

What was the MODUS article on T Levels about?

Answer 39

T Levels are a post 16 qualification that take 2 years to complete

T levels aim to enable young people into trades more easily.

Allows companies to ‘try before they buy’

Question 40

What is the dispute resolution process in FIDIC?

Answer 40

1. Engineer review & decision.
2. Review by DAB
3. Arbitration or Litigation

Question 41

What are default payment terms in the FIDIC?

Answer 41

1. Pay app (monthly)
2. Pay cert/pay notice (28 days)
3. Payment release (56 days total (+28 days))

Question 42

Why is cashflow so important to Microsoft?

Answer 42

Projects are financed via debt.
This creates a fixed obligation that puts pressure on cashflow accuracy.

It is financed this way to provide tax relief, as interest payments on debt can be tax deductible.

Question 43

What is the Building Safety Act (2022)?

Answer 43

The Act was enacted with the aim of improving the standard of buildings in England and securing the safety of people in or about those buildings, with a particular focus on fire safety.

Applies to: 18 Meters High OR 7 Storeys

Enforces more onerous design, refurb and construction requirements.

Question 44

How do variations work under JCT?

Answer 44

1. Notification - Party requesting change gives notice in writing to other parties.
2. Evaluation - Period of time granted to review - duration dependent on scope of change.
3. Agreement.
4. Implementation.

Question 45

What is the LDEDA?

Answer 45

LDEDA (2009) was put in place to close loopholes in the HGCRA (1996).

Payment Notices: The LDEDA mandates the issuance of a ‘payment notice’ for every construction contract payment.

Equitable Payment System: The LDEDA establishes a more equitable payment system, ensuring timely and fair payments.

Right to Suspend Work: The LDEDA enhances the right of contractors to suspend work in the event of delayed payments.

Dispute Resolution: The LDEDA streamlines the adjudication process for dispute resolution in construction contracts.

Question 46

What are the sections in the JCT D&B? (9)

Answer 46

1. Definitions
2. Carrying out works
3. Control of works
4. Payment
5. Change
6. Insurance
7. Bonds, TPR, Assignment, Collat. Warranties
8. Termination
9. Dispute

Question 47

How can you easily assess a buildings efficiency and VFM?

Answer 47

Gross Internal Area to Net Internal Area rATIO.
A higher ratio indicates more usable area = more rental yield.

1.1 to 1.2 is a strong ratio.

Question 48

What is a good Wall2Floor ratio?

Answer 48

0.2 to 0.3

Question 49

Differences between JCT/NEC?

Answer 49

JCT
Client favoured
No programme contract doc
Reactionary to change
Disputes: Adj/Arb/Liti
CA/EA

NEC
Risk sharing / Mutual trust
Programme is contract doc
Early warnings and focus on risk reduction
Disputes: DRB / Adjudication
PM (No CA/EA)

Question 50

Difference between defined and undefined prov sum?

Answer 50

For a prov sum to be considered defined it must have:
1. Nature and construction of work
2. Fixing
3. Quantity
4. Limitation

Question 51

How is acceleration done in JCT?

Answer 51

1. Contractor proposal: Additional resources / Revised date / Concessions
2. Client assessment on VFM
3. Agreement: Added to contract as addendum.

Question 52

What are step in rights?

Answer 52

They grant the funder protection by allowing them to step into another parties shoes allowing them to sell the development on if the project is unachievable.

Question 53

What is a notional final account?

Answer 53

A final account that is drafted when the GC is deemed insolvent.

It will be of greater value than the original forecast as allowances are required for the appointment of a new GC to finalize works.

Question 54

When/where was the latest COP? Any key highlights?

Answer 54

Sharm El Sheikh, Egypt (COP 27)
- Loss & damage (of extreme weather) fund established.
- Reinforce 1.5c intentions
-

Question 55

What should you do if a GC is deemed insolvent?

Answer 55

I would consult the RICS Termination Guidance Note.

• Secure site + offsite materials
• Check contract for termination clauses
• Call in any bonds
• Review collateral warranties & step in rights
• Ensure detailed records are kept
• Draft notional final account
• Revised shedule of works until termination

Question 56

What are RICS professional statements? Name some?

Answer 56

They are MANDATORY practice for RICS members.

• Rules of conduct
• Conflicts of interest
• Bribery, corruption, money laundering, terrorism financing
• Handling data

Question 57

What are the JCT guidelines on variations?

Answer 57

• All variations dealt with based on the scope of the variation
• Should be issued ASAP (No later than 2 wks after initially aware)
• 2 wks client review.
• Max 4 wks to agree terms.

Question 58

What are the adv/disadv of a two-stage tender?

Answer 58

Advantages
Buildability advice
Competitive pricing
Accurate second stage cost
Reduced client risk - contractor manages from early

Disadvantages
Low-cost certainty stage one
Additional pre-con fees
Contractor can take advantage in 2nd stage and ramp up cost
Risk of retender

Question 59

What might you request in a PQQ? What project details would you send?

Answer 59

Include :
- Contract particulars
- Any bonds/warranties/PCGs required

Request :
- Company turnover
- Experience
- Company accounts
- Org structure
- H&S records
- Quality systems
- Any bonds/warranties/PCGs required

Question 60

What is a CDM advisor?

Answer 60

A resource employed in addition to a PD to manage both pre-con and/or construction phase CDM requirements.
Roles:
1. Assist PD to identify hazards/risks
2. Advise client of dutys
3. Advise GC on H&S plan
4. Review and advise generally on H&S
5. Site visits/inspections to review H&S

Question 61

How can you effectively manage a conflict of interest?

Answer 61

1. Staff exclusivity.
2. Seperate communication lines.
3. Seperate locations.
4. Seperate data storage.
5. NDA
6. Regular review.
   (All above considered an ‘ethical screen’)

Question 62

What is a business plan?

Answer 62

A formal statement of a business’ goals containing clear reasons as to why they are attainable and a plan to reach them.

Provides a common focus and culture.

To draft you might use a SWOT

Question 63

What is litigation?

Answer 63

A dispute resolution method.
Takes place in a public court hearing following civil procedure rules.
High cost.
Most effective for multi-party disputes.

Question 64

What is arbitration?

Answer 64

Similar to litigation but PRIVATE.
Gives parties more control on how proceedings are handled.
Acceptance of both parties to arbitrate must be given.
Governed by the arbitration act (1996)

Question 65

What is adjudication?

Answer 65

An independent third party hears claims of both parties resulting in a BINDING decision.

Statutory under HGCRA
Time sensitive - 28 days as default but can be extended to 42.

Question 66

What is Tuckmans theory?

Answer 66

Team strategy and its evolving nature.
1. Forming
2. Storming
3. Norming
4. Performing
5. Adjourning

Question 67

Fiber or rebar slab?

Answer 67

In summary, rebar is typically used when high tensile strength and stability are required, while fiber reinforcement is used to prevent shrinkage cracks and handle significant point loads. The choice between the two will depend on the specific needs of your construction project.

Generally fiber can be more cost effective over larger slabs due to the savings associated with labour and plant:

Less Labour Intensive: Fiber reinforced concrete requires less labour and less time spent on-site. This is because the fibers are mixed into the concrete, eliminating the need for the manual placement of rebar.

Reduced Equipment Costs: The use of fiber reinforced concrete can also lead to savings in equipment costs. There’s no need for tying rebar or wire mesh, which can reduce the need for certain equipment.

Question 68

What are some types of external wall insulation?

Answer 68

Rockwool - Non combustible premium
Kingspan KS - Space saving
EPS - Most popular. Value for money. Lightweight.
XPS - Exstruded polystyrene.

Question 69

What is permeable paving?

Answer 69

Pavement that allows water to flow through rather than runoff. Promotes drainage and filtration.

Reduces flooding
Improves water quality
Replenishes groundwater supplies

High maintenance costs

Question 70

What are the HSE powers?

Answer 70

• Visit site without notice
• Issue written or verbal warnings to advise
• Sanctions (stop & improve orders)
• Inspect following complaint.

Question 71

What is the Building Regs Part L?

Answer 71

Regulations on the conservation of fuel and power.

Gives info on limiting heat gains, air permeability, insulation regs, heating systems etc.

Question 72

What is NRM1?

Answer 72

RICS published document in 2009

Gives standard set of measurement rules for estimating, cost planning, procurement, whole-life costing.

Question 73

What is BREEAM?

Answer 73

Best practice standards for environmental performance of buildings.
Focuses on:
- Energy
- Land + ecology
- Water
- Wellbeing
- Pollution
- Material selection

Question 74

What is a BOQ and when might you use one?

Answer 74

A BOQ is a bill of quantities and is created in accordance with NRM2. A BOQ is produced as a pricing document to be tendered against. If used the risk is retained by the client over the quantities within.

Once procured a BOQ can then be used to assist with variations/changes/valuations/final accounts.

Question 75

What is NRM3?

Answer 75

Quantification and description of MAINTENANCE WORKS.

Similar to NRM1 (guidance on cost estimates, cost plans) but for use strictly on maintenance projects.

Question 76

What might you include in an MFR?

Answer 76

• Pertinent commentary on months activity
• Contingency drawdown
• QRA update
• Early warnings
• Change orders
• Cashflow
• Prov sum drawdown
• Retention
• Remaining funding
• Any issues/concerns

Question 77

What is RICS guidance on complaints handling processes?

Answer 77

Must be TWO stages minimum.

1st stage - Senior Staff review. 21 days to review and respond in writing.

2nd stage - Redress (RICS Dispute Service (ADR by approved provider) or Arbitration)

Question 78

What are preliminaries?

Answer 78

They define the scope of works. Guidance can be found in NRM2.

Includes:
- Project particulars
- Drawing list
- Scope of works
- Site description
- Items to be priced (gen conditions (items req by contractor to complete works))
- Management arrangements

Question 79

What is a negotiated tender?

Answer 79

A Negotiated Tender is a procurement method where the buyer approaches a single supplier, usually based on their industry track record or a previous relationship, to deliver the work. The buyer and supplier then negotiate the terms of the contract.

Usually an expensive strategy.
Can accelerate the programme.
Reduces contractor cost of tendering.

Question 80

When might you use a Tender Price Forecast?

Answer 80

To rebase a cost plan to the midpoint of construction to accurately assess a PTE. Allows client to effectively budget and attain funding.

Question 81

What is JIT?

Answer 81

Just in Time delivery method. (1970s Japan)

Delivered at exact moment for immediate use.

Question 82

What is bid levelling?

Answer 82

A process usually carried out to ‘level’ any bids so that a like for like comparison can be made.

Catch errors/omissions
Reduce exclusions

Question 83

How was COVID dealt with by JCT & NEC?

Answer 83

C19 was considered a force majeure at time of happening.
JCT = Relevant event.
NEC = Compensation event.

CLC launched Future Proofing Guide which gave amendments to contracts catering for COVIDs impact on work delivery.

Issue is when did COVID become FORESEEABLE RISK!

Question 84

Difference between defined/undefined prov sum?

Answer 84

Undefined prov sums = deemed insufficient detail to effectively programme. This allows contractor to claim cost for prelims and EOT if works can be substantiated.

Defined = Sufficient detail to price prelim costing

Question 85

Difference between cost plan / cost estimate?

Answer 85

Cost estimates basic in nature. Early stages of design (RIBA 0 to 2). Usually on a cost per functional unit (£/car park space) or cost per m2 (£/m2)

Cost Plan - RIBA Stage 2 onwards.
Elemental breakdown that becomes gradually more detailed as design progresses.

Question 86

What are dayworks?

Answer 86

Prime (actual) cost of material, labor and plant plus agreed percentage allowance ontop as set out in contract.

Should be calculated in line with RICS guidance note - Definition of prime cost of daywork carried out under building contracts.

Nrm2 gives guidance

Question 87

What does an interim valuation include?

Answer 87

• Prelims
• Measured work (as pricing doc)
• Variations
• Materials onsite/offsite
• Loss and expense (if applicable)
• Retention

Question 88

What is a cashflow?

Answer 88

Summary of anticipated outgoing cash on a project over a time period.

Question 89

How is an EOT judged in JCT?

Answer 89

To be eligible the delay must be caused by events beyond their control (Relevant Event/Relevant matter). Claims must include cause, period and mitigation steps taken.

Question 90

What are the 9 JCT relevant events?

Answer 90

1. Variations
2. Weather
3. Terrorism
4. Failure of client
5. Sub-con delays
6. Statutory works
7. Delay in possession
8. Force majeure
9. Strikes

Question 91

What is the H&S At Work Act (HASWA) (1974)?

Answer 91

The primary H&S legislation in the UK.
- Provide safe place of work
- Provide safe equipment
- Ensure staff properly trained
- Carry out risk assessments
- Provide proper facilities
- Appoint competent H&S overseer

Question 92

What are the 4 main types of asbestos?

Answer 92

• Chrysotile (White)
• Amosite (Brown)
• Crocidolite (Blue)
• Anthophyllite (Green/transparent)

Question 93

What is a profit and loss sheet?

Answer 93

Shows income & expenditure of a company.
Snapshot of particular period of time.

Question 94

What is a balance sheet?

Answer 94

Owns (assets) vs Owes (liabilities)
Snapshot of particular period of time.

Question 95

What is the companies act (2006)?

Answer 95

Legislation that governs all public and private companies in the UK

Mandates financial accounts to be submitted yearly
- Profit and loss
- Cashflow
- Balance sheet

Question 96

What is the NEC?

Answer 96

New Engineering Contract - Latest Edition 4
Generally for engineering projects - the PM does the CA work
Uses simpler english in comparison to JCT
Considered to be COLLABORATIVE

Question 97

If a design team is novated, what are the implications?

Answer 97

You may have issues with design responsibility.

As part of innovation the client agrees design level is satisfactory and the contractor is then made responsible for the design.

Disputes then arise due to lack of clarity on WHEN the problems with the design arise. Prior to service transfer of after????

Question 98

What are the two types of subcontractor under contract?

Answer 98

Domestic or Named
Domestic = Appointed by GC
Named = Client nominated

Question 99

What are the two types of limitation period in Contracts?

Answer 99

Under hand = 6 years
Deed = 12 years

Question 100

What is capping and grouting?

Answer 100

1. Steel/concrete cap built top of shaft
2. Shaft pumped with grout (cement, water, additives)

Question 101

Name some other methods of measurement?

Answer 101

Highways method (Highways, roads, bridges)
CESSM4 (2012) (Civil Engineering Method of Measurement)

Question 102

What was the tender process in the Microsoft scheme? Why were RLB not involved?

Answer 102

It was entirely handled inhouse.
- Allowed client ownership of contractors
- No risk of contractor collusion (400m contract!)
- Uninfluenced decision

Question 103

Why do RLB not have sight of the DC contract?

Answer 103

• RLB not appointed on contractual issues
• Dedicated contracts team with MSFT
• Allows CT honed focus on cost

Question 104

How would you conduct a valuation?

Answer 104

1. Visit site in person to assess works complete
2. Create markups of works complete showing progress from month to month
3. Review all materials onsite/offsite
4. Review preliminary costs (assess both fixed and time)
5. Value any changes/claims against contract rates

GROSS - Prev. Payments - Retention = Valuation!

CA/EA issues pay cert.

Question 105

What does a BOQ contain?

Answer 105

Lists and quants all materials, labour, and any other costs.

In accordance with NRM2.

RIBA Stage 4 typical.

Question 106

What is a schedule of rates?

Answer 106

Lists the rates and prices for specific con. activities.

Typically produced by contractor - perhaps during first stage of tender.

Question 107

What does a client brief contain?

Answer 107

F - Function - Purpose of building.
A - Aesthetics - Design requirements
C - Cost - Budget
T - Timeframe
S - Sustainability targets

Question 108

What does an MFR contain? (8)

Answer 108

1. Budget vs actual
2. Cashflow
3. Forecasting (estimate to completion)
4. Change orders
5. Prov sums
6. Contingency drawdown
7. Risk
8. Schedule

Question 109

What are the BREEAM scores?

Answer 109

Pass - 30 to 44%
Good - 45 to 54%
V Good - 55 - 69%
Excellent - 70 - 84%
Outstanding - 85 to 100%

Question 110

If a complaint is unresolved by RLB what happens?

Answer 110

Negotiation
Mediation (with RICS)
Arbitration

Question 111

At its core what is a conlfict of interest?

Answer 111

When personal or financial interests comprise integrity - can be at odds with professional obligations.

Question 112

What is a PD?

Answer 112

S - Safety Management
A - Assistance
F - File management (H&S file up to date and available)
E - Emergency procedures (F10 HSE Notification with emergency instructions provided)

Question 113

Decarbonising Steel - what is it?

Answer 113

Looking at reducing the carbon production of steel through the whole life cycle

In 2018 1 tonne steel = 1.85 tonne co2

• Blast furnace efficiency
• Biomass reductions
• Carbon capture + usage
• Electronic arc furnaces

Question 114

Can you tell me a little about the RICS Interim Payments guidance note?

Answer 114

Advice on best practice in interim valuations/payments.
Details on good practice in the form of valuation method, payment criteria, administrative rules.

Question 115

How do you effectively assess cost?

Answer 115

Advice on how to consider the WHOLE LIFE IMPACT of costs and the consequential impact of cost.
- Operating cost
- End of life cost
- Statutory compliance
- Programme impact
- Funding conditions
- Maintenance costs

Do NOT JEOPARIDSE other costs without proper holistic consideration.

Question 116

What are the 3 Models in the Cost Reporting guidance note?

Answer 116

1. Construction Cost Report
   Costs under a specific contract/project
2. Project Cost Report
   Developer specific report on multiple sites/whole project
3. Programme Cost Report
   Programme management specifics

Question 117

What clause is key for subcontractors under HGCRA?

Answer 117

The pay when paid clause.
Disallows people paying only when they have been paid.
Takes strain off subcontractors.

Question 118

Under JCT what grants an EOT?

Answer 118

Relevant event = Time only
Relevant matter = Time and L&E

Question 119

When might you use minor works?

Answer 119

Sub 200k value
Simple in nature works
Design complete
Short duration

Question 120

What is CDP?

Answer 120

Contractors design portion
Contractor responsible for design of specific elements/components.
CDP elements clearly captured within contract documents with clear delineation of responsibilities.

Question 121

How might you advise a client on how to select a JCT contract?

Answer 121

Utilise the JCT Deciding tendering strategy guidance note (2016)

Question 122

As a CA how do you effectively manage a contract?

Answer 122

Ensure parties aware of payment/valuation dates
Transparent communications facilitated between all parties
Good payment practice
Detailed considered review of change/variations ensuring fair outcome
Clear record keeping - auditable

Question 123

What must be in place for liquidated damages to be billed?

Answer 123

1- Non-Comp cert
2- Withholding notice

Substantiation of fair and genuine pre estimate from client.

Question 124

What are liquidated damages?

Answer 124

A fair and genuine pre-estimate of likely loss incurred by completion date not being met.

As QS we cannot advise - they must be set by client.

Question 125

Two types of liability?

Answer 125

Liability
Loss

Question 126

When does a CA role begin?

Answer 126

When contract is executed

Question 127

What are some CA qualities?

Answer 127

• Knowledge and skill to understand contract
• Independent, impartial
• Indepth construction knowledge
• Clear record keeping
• Routine awareness of critical path and programme

Question 128

What is a Section 73?

Answer 128

A condition attached to a planning application.
E.g. Additional approvals for colour of materials etc.

Question 129

What does the RICS Cost Reporting guidance note cover?

Answer 129

Purpose of cost reports
Factors affecting costs
Cost report models
Format of cost reports
Treatment of variable costs

Question 130

What does RLB do for equality?

Answer 130

Great maternity leave policy
Bring yourself to work
D&I steering group

Question 131

General advantages of using JCT?

Answer 131

Industry standard so lots of familiarity in industry
Established case law
Covers majority of different procurement types
Beneficial to client for risk transfer

Question 132

General disadvantages of using JCT?

Answer 132

Compromises conditions to satisfy parties
Very long
Uses legal ‘speak’ so difficult to understand

Question 133

What is the purpose of a first stage in a two stage tender?

Answer 133

Gain buildability advice
Fixing of prelims/OHP/schedule of rates
Speeds up procurement by overlapping design and tender

Question 134

Whitewall or blockwork?

Answer 134

If you need a cost-effective, load-bearing solution and aesthetics are not a primary concern, blockwork walls may be more appropriate.

If you require a clean and hygienic environment, with a modern appearance and ease of maintenance, whitewalls may be preferred. Also, it is quicker to install and grants savings on prelims with limited requirement for scaffolding.

In some cases, a combination of both materials might be used, such as using blockwork for structural elements and whitewalls for areas requiring a clean, bright finish.

Question 135

.

Answer 135

.

Question 136

How do photovoltaic windows work?

Answer 136

A thin film of solar cells is applied to the window. Additional layers can be appled but the window will darken.

Question 137

How does PV work?

Answer 137

Photovoltaic Cells: Solar slate is made up of small photovoltaic (PV) cells, which are the key components that capture sunlight and convert it into electricity. These PV cells are typically made from materials like silicon.

Sunlight Absorption: When sunlight hits the solar slate, the PV cells absorb the energy from the sun’s rays. This energy excites electrons within the cells.

Electricity Generation: As the electrons become energized, they create an electrical current. This current is in the form of direct current (DC) electricity.

Inverter: The DC electricity generated by the solar slate is then sent to an inverter, which converts it into alternating current (AC) electricity. Most household appliances and the electrical grid use AC electricity.

Question 138

What is run off cover?

Answer 138

Must be in place for ALL previous employees for min. 6 years.

Precedent set by Merritt vs Babb Case Law (2001)

Question 139

What insurances do you need to start a firm?

Answer 139

• Professional indemnity
• Employers liability
• Public liability
• Building Insurance

Question 140

What are the RICS PII reqs?

Answer 140

Each and every claim basis
Run off cover min 6 years

Question 141

Why did the RICS create new rules of conduct?

Answer 141

To give greater clarity to the rules. Simplifies the structure and makes it easier to follow for members.
Increased focus on:
1. Data handling
2. Sustainability
3. D&I

Question 142

RICS five principles of regulation?

Answer 142

P ropotionality
A ccountability
C onsistency
T argeted
T ransparency

Question 143

What are the 5 different RICS Membership levels?

Answer 143

Student
AssocRICS
Honorary
Member (MRICS)
Fellow (FRICS)

Question 144

Difference between Ethics & Rules?

Answer 144

Ethics are a set of moral values.

Rules are a framework we work to.

Question 145

What are the 5 rules of conduct?

Answer 145

1. Be honest, act with integrity and comply with their professional obligations to the RICS.
2. Maintain professional competence and ensure services carried out by competent individuals with necessary expertise.
3. Provide good quality & diligent service.
4. Treat others with respect and encourage D&I.
5. Act in public interest, take responsibility for actions and act to prevent harm and maintain public confidence in the profession.

Question 146

Tell me a little about the RICS Code of Measuring Practice?

Answer 146

Currently in 6th edition released May 2015

Provides direction on how to calculate areas & volumes promoting consistency.

GEA / NIA / GIA

Question 147

Different types of foundations?

Answer 147

PAD - Bases of reinforced concrete for steel columns. Spreads load to layer below.
STRIP - Continuous perimeter (suitable for light only)
RAFT - Large raft base spreads load evenly to reduce load per m2 (low bearing capacity soils)

Question 148

Should you ever use an LOI?

Answer 148

If avoidable no you should not.

Case law shows dangers: Ampleforth Abbey Trust v Turner & Townsend Project Management [2012]
The employer successfully sued the project manager for failure to advise on the risks posed by starting the works on the back of a letter of intent, having been unable to claim liquidated damages because no formal contract had been entered into.

ALWAYS outline risks to clients.

Question 149

How should you approach an LOI?

Answer 149

Contracts bring with them certainty and the ability to manage risk, whereas letters of intent do not.

Before deciding to agree a letter of intent, both parties should stop to ask themselves why they cannot yet enter into a full contract. If the answer is that there are still difficult points of negotiation to be agreed between the parties, then a letter of intent is unlikely to make these issues go away.

Question 150

Why should contractors and clients not enter into LOI?

Answer 150

From an employer’s perspective, a letter arguably places them in a weaker bargaining position as the contractor is on site and works are under way.

From a contractor’s perspective, meanwhile, there is always a risk that the employer will decide to use someone else – and it is likely to be able to do so if, for example, the letter of intent provides for an express expiry date or a cap on the amount that can be incurred under the contract in question.

Question 151

Difference between Project Life Cycle & Whole Life Cycle?

Answer 151

Project: Inception -> Completion (specific to construction)

Whole: The above PLUS costs with operating, maintaining, demolishing.

Question 152

What impact does CDP have on clauses in JCT?

Answer 152

Intermediate - separate CDP agreement.
Minor works - separate contract altogether.

Requirements in others generally are set out in ER’s and are incorporated to main contract.

Question 153

What is a business statement?

Answer 153

A formal statement of a business’ goals with reasons why they are attainable and the plan to reach them.

Provides a common ground for culture and focus.

Question 154

What is RLBs business statement?

Answer 154

To be a global leader in the market, through flawless execution, fresh perspective, and independent advice. Create value through skills and passion of RLBs people.

Question 155

What is retention?

Answer 155

Usually 3 (Other) or 5% (D&B)
Released in 2 stages:
1. PC
2. End of Defects

Retention is a percentage of payment held back typically by a client or main contractor under a construction contract to act as security, or an assurance that the project works will be completed and that defects which may subsequently develop are remedied.

Question 156

What are the 5 types of certificate on JCT?

Answer 156

• Interim
• PC/Sectional
• Non completion/pay less
• Making good
• Final

Question 157

What are the 5 stages of project life cycle?

Answer 157

1. Initiation
2. Planning
3. Execution
4. Performance + Monitoring
5. Closure

Question 158

What is Part M?

Answer 158

Building regulation on access and use of buildings.

Guidance on facilities for disabled, and the ability for them to move through a building, access to toilets & bathrooms etc.

Ramps, steps, safe degrees of pitch.

Question 159

Who is RICS President?

Answer 159

Ann Grey

Question 160

Who is CEO?

Answer 160

Justin Young

Question 161

Who is President Elect?

Answer 161

Tina Pallet

Question 162

What happened to Dame Janet Paraskeva?

Answer 162

Dame Janet Paraskeva’s resignation letter to RICS President Ann Gray:

Resignation as Chair of the Standards and Regulation Board due to disagreement over removal.
Denies allegations and believes RICS is trying to terminate her.
Emphasizes commitment to SRB’s independence and offers transition support.
Reserves the right to respond to public comments and provide further details.

Question 163

What are the 4 main types of FIDIC contract?

Answer 163

Red - Tradoitional
Yellow - Contractor Design
Silver - D&B
Green - Minor work

Question 164

How does solar PV work?

Answer 164

Converts sunlight to electricity.
Panels capture sunlight.
Inverter converts DC to AC.

Question 165

Name me 5 items from Black Book?

Answer 165

1. Cashflow
2. Value management & Engineering
   3.Cost Reporting
3. Commercial management
4. Tendering Strategies

Question 166

How is the RICS structured?

Answer 166

Privy Council
Gov. Council
Standards & Regs Board - Management Board - Audit Comittee

Question 167

What is the primary H&S legislation in the UK?

Answer 167

H&S at work act 1974
- Gives duty to all employers to provide safe equipment, workplace
- Control of dangerous substances
- 5+ employees = detailed H&S plan/documentation

Question 168

What is a CPP?

Answer 168

Construction Phase Plan
Contains:
Project description
Management processes of works (inductions, rules, PPE, emergency)
Significant risks (asbestos, working at height, noise pollution, manual handling etc)

Question 169

Difference between profit and loss & balance sheet?

Answer 169

Profit & Loss (P&L) Statement:

Purpose: Shows if a company made money (profit) or lost money (loss) during a set period.
Timeframe: Covers a specific period, like a movie of financial performance.
Components: Includes income, expenses, and profit (or loss).
Think of it as: A movie showing if a company made money or lost money over time.
Balance Sheet:

Purpose: Reveals what a company owns (assets), owes (liabilities), and its net worth.
Timeframe: Reflects the financial snapshot at a particular date, like a photograph.
Components: Includes assets, liabilities, and shareholders’ equity.
Think of it as: A photograph of what a company owns, owes, and what’s left for the owners at a specific moment.

Question 170

What is the Companies Act (2006)?

Answer 170

All firms must produce statements for:
1. Turnover
2. Gross profit
3. Net profit

Question 171

What is GDPR?

Answer 171

General Data Protection Regulation
Governs all EU ensuring data is used fairly, lawfully and transparently.

Question 172

Difference between Mediation & Conciliation?

Answer 172

Conciliation more active role in discussions. Mediation only facilitates comms.

Question 173

Under NRM1 how do you measure ext. walls?

Answer 173

Internal perimeter x Height of building. Minus m2 of windows.

Question 174

Under NRM2 how do you measure ext. walls?

Answer 174

‘Cladding and covering’
Measured m2 on elevations
If less than 1m2 area = Number
Less 600mm wide = Meters
Splits for: Walls, floors, ceilings, roofs, column sides, soffit

Question 175

Advantages of a fiber slab?

Answer 175

Decrease in surface cracking
Reduced shrinkage
No movement joint req

10-15% more costly than non-reinforced concrete

Question 176

Name some building regs?

Answer 176

A - Structure
B - Fire Safety
L - Conservation of fuel and power
M - Access
O - Overheating
D - Toxic Substances

Question 177

What is the ISMSC?

Answer 177

The International Measurement Standards Coalition
Set international standards for:
1. Benchmarking
2. Measuring
3. Reporting of costs

Question 178

What is in a PCSA?

Answer 178

1. Scope of Service
2. Compensation (Fixed fee or % of project value?)
3. Schedule
4. Termination provisions
5. NDA
6. Insurance

Question 179

What is a network analysis?

Answer 179

A project plan that analyses project activities

Breaks projects into tasks and arranges them into a logical sequence

Decision then made on which are simultaneous and which are sequential.

Question 180

What is a Critical Path analysis?

Answer 180

A project scheduling method.

Breaks down activities (network analysis) and puts durations against each.

Relationships of tasks are then analysed to determine criticality levels.

Thsi determines the CRITICAL PATH!

Question 181

What are the three variations rules for the JCT?

Answer 181

1. Bill rates used if works are similar to contract scope
2. Major quant difference = adjust for economy of scale
3. If not similar - use fair rates and prices

Question 182

What is an accrual?

Answer 182

Value of works complete which are not yet invoiced.

It allows provisions to be reallocated month to month in order to aid cashflows/financial planning.

Question 183

What are the key takeaways from the RICS futures report?

Answer 183

95% of data in construction industry is currently wasted. RICS setting up tech hub to alter this.

Rapid Chinese urbanization - encouragement for them to adopt a more sustainable approach

Rapid increase in use of drones - revised guidance on how to use safely & legally.

Question 184

When was the 1.5c agreement made?

Answer 184

COP21 in Paris

(1.5c above pre-industrial levels)

Question 185

In a BOQ what level of detail is provided?

Answer 185

1. Nature/type
2. Type and quality (of material)
3. Critical dimensions
4. Fixing method

Question 186

What does RICS guidance say on Covid19?

Answer 186

Cov19 Guide to Surveying Safely

Inspections, valuations, market reopening

Question 187

Implications of Cov19 on construction?

Answer 187

Higher material cost - Update rates regularly
Lower material availability - Order Early!

JCT force majeure clause called upon.
Loss & expense claims for sanitizer etc.

Question 188

What are some key ratios?

Answer 188

Profitability (Measures profit generating performance)

Turnover - (Sales / Turnover)

Liquidity (Ability to pay off liabilities (1.5 considered good))

Assets / Liabilities

Question 189

What are key clauses in the JCT re change?

Answer 189

2.15 - Notify CA ASAP!
3.10 - Obligates contractor to comply with all CO
3.12 - Variations to be formalized in writing to CA within 7 days

Question 190

What are the 9 sections within Conditions in the JCT?

Answer 190

1. Definition/interpretation
2. Carrying out the works
3. Control of the works
4. Payments
5. Variations
6. Injuries, damage, insurance
7. Assignment, TPR, collateral warranties
8. Termination
9. Settlement of disputes

Question 191

What are the parts in a JCT? (6)

Answer 191

1. Recitals
2. Articles
3. Contract particulars
4. Attestation
5. Conditions (9 sections)
6. Schedules

Question 192

What are a firms obligations under the RICS? (7)

Answer 192

1. CPH
2. PI Cover
3. Locum
4. Co-operate with RICS
5. Info to standards & reg board
6. Display RICS literature
7. Report any relevant matters

Question 193

What must your CPH policy be under the RICS? (7)

Answer 193

1. ADR must be approved
2. Included in terms of business
3. Free in first stage
4. Name of case handler stated in TOB
5. 28 day investigation period
6. Upated complaints log
7. Advise PI of any complaints immediately

Question 194

What did NRM replace?

Answer 194

SMM7

Question 195

What does NRM2 provide guidance on?

Answer 195

BOQ,
Sched of Rates,
Prov sums
CDP

Question 196

What methods can you employ to avoid conflict?

Answer 196

Disclosure of FACTS in writing
Clear documents, communications
Partnering
Good pay practices
Cadent record keeping
Cadent reporting

Question 197

Why bespoke over standard form?

Answer 197

Major projects with novel obligations

Differing client demands

Risk apportionment can be customized to suit project

Question 198

Why standard over bespoke?

Answer 198

Written by legal experts - established case law
Correct level of detail legally
Risks effectively and familiarly allocated
Familiarity in form reduces tender time
No expense for particulars preparation

Question 199

What must you include in the RICS annual return? (6)

Answer 199

Due by Jan 31st
- Type of business + staffing
- Client nature
- CPH
- PI
- Money handling
- Training

Question 200

Under the RICS what disciplinary action can be taken?

Answer 200

Fixed penalty
Consent order
Disciplinary panel

Question 201

On the Goole job, what saving was made on the attenuation?

Answer 201

A reduction of 1,000m3 attenuation
Saving of £250k (£250/m3)

LCC conducted - Dock life 10 to 20 yrs
Surrounding structure 20 to 30 yrs
Replacement 40k per dock
8 docks x £40k = £320k to replace
Docks flood 1 in 100

Question 202

What is artificial ground?

Answer 202

Areas which are backfilled or reclaimed ‘man made’
Prone to settlement

To counter:
- Lime stablisation
- Excavate and replace
- Vibro compaction
- Piling

Question 203

Key differences in D&B to MW or intermediate?

Answer 203

QS not listed in D&B/MW - instead its an EA
In D&B the EA can request a quote before instructing change
D&B has TPR provisions, intermediate and MW do not!
D&B + intermediate allows sectional comp, MW does not.

Question 204

D&B tender documents? (7)

Answer 204

• ITT
• Contract particular
• Contract amendments
• Pricing doc
• Spec + Drawings
• ER’s
• Pre con H&S pack
• Form of Tender

Question 205

How is steel frame measured in accordance with NRM2?

Answer 205

(t) Tonnes

Split: Members, columns, trusses, bracings, rafters, purlins, beams etc.

Fixtures are a separate item (not in NRM1)

Question 206

What does an ITT contain?

Answer 206

• Return date
• Address to return to
• Visit details
• Programme length
• Confirmation of receipt of documents
• How to submit

Question 207

Under JCT how would you terminate a contract?

Answer 207

Check termination provisions within the contract - if satisfied provide written notice informing of termination and give chance to rectify

Breach of contract - 2 month delay (default)? Other breach?
Frustration? - Unable to complete contract. Right to terminate.
Insolvency? - Hold right to terminate
Mutual agreement

Question 208

What was the Levitt report?

Answer 208

Comissioned following audit in 2018 which unearthed cashflow inaccuracies.

Found internal power struggle due to the two board structure.

Governing council granted more power and oversight
Gov council oversight on exec mngmt bonuses
Greater transparency

Question 209

What is rule one?

Answer 209

Members and firms must be honest, act with integrity and comply with their professional obligations to the RICS.

Question 210

What is rule two?

Answer 210

Members and firms must maintain professional competence and ensure services are carried out by competent individuals with sufficient expertise.

Question 211

What is rule three?

Answer 211

Members and firms must provide good quality and diligent service

Question 212

What is rule four?

Answer 212

Members and firms must respect others and encourage D&I

Question 213

What is rule five?

Answer 213

Members and firms must act in the public interest, maintaining the publics confidence in the profession. Always take responsibility for your actions and prevent any harm.

Question 214

What do you do if a contractor is late submitting a tender?

Answer 214

In accordance with JCT tendering practice note I would reject it. However, I would note this to the client initially before rejecting and leave the choice to them.

Question 215

Why is timing important for tender opening?

Answer 215

Fairness, transparency, legal compliance, uniform evaluation

Question 216

What goes onto a tender opening form?

Answer 216

Date and time of opening
Names and signatures of present persons
List of bids
Other pertinent detail

Question 217

Standard scope of services in proposal?

Answer 217

Attend meetings
Produce monthly cost report
Liaise with client for brief
Measurement in accordance with IPMS
Construction costs all as ICMS
Prepare tender report
Check tenders for errors, omissions, exclusions
Prepare final account
Prepare BOQ/CSA
Prepare tender docs
etc etc etc

Question 218

How would you create a fee proposal?

Answer 218

Detail scope of services
Duration of project
Associated costs
T&C’s
Limit of liability
Payment terms
Exclusions
Resource allocation

Question 219

Example of negotiation techniques?

Answer 219

Active listening
Win win scenario
Clear objectives
Understanding of needs/motivation
Tailor approach to scope of negotiation

Question 220

Purpose of a PQQ?

Answer 220

The purpose of a PQQ is to pre-screen potential suppliers or contractors to determine their suitability for a specific project. It helps identify qualified and capable bidders who will be invited to submit full proposals.

Question 221

Whats in a PQQ?

Answer 221

A PQQ typically includes information about the bidder’s financial stability, experience, qualifications, references, past performance, and relevant certifications. It may also inquire about the bidder’s technical capabilities and adherence to health and safety standards.

Question 222

Asbestos Types?

Answer 222

Two types based on mineral composition:

Serpentine:
Chrysotile (white asbestos)

Amphibole:
Amosite (brown asbestos)
Crocidolite (blue asbestos)
Anthophyllite
Tremolite
Actinolite

Question 223

What is the six pack?

Answer 223

EU H&S Directives:
1. Management of Health and Safety at Work Regulations
2. Provision and Use of Work Equipment Regulations
3. Manual Handling Operations Regulations
4. Display Screen Equipment Regulations
5. Personal Protective Equipment at Work Regulations
6. Health and Safety (First Aid) Regulations

Question 224

What are the contents of a balance sheet?

Answer 224

Assets
Liabilities
Equity (shareholder equity)

Question 225

JCT 2024 - Name four key changes?

Answer 225

Modernizing & Streamlining: Adopting gender-neutral language, more flexibility with electronic notices.

Extensions of Time: Introducing new events like epidemics, reducing assessment time for extensions to 8 weeks.

Loss and Expense: Adding new events like unexploded ordnance, contaminated materials, and asbestos.

Liquidated Damages: Allowing LADs up to termination, then general damages.

Disputes: Parties must notify potential disputes to seek settlement, with the option to refer to adjudication. No more shortlists; parties choose their adjudication body.

New Form of Contract: Introducing JCT Target Cost Contract as an alternative to NEC Option C ECC.

Question 226

How does RLB enforce data protection?

Answer 226

Turn laptop screen off when leaving desk
Guided work areas within the office
Segregated data storage
Password policy - replace after 3 months
Assigned DPO officer
Flag emails with confidentiality level

Question 227

What are the 9 protected characteristics?

Answer 227

Age
Disability
Gender Reassignment
Marriage & Civil Partnership
Pregnancy & Maternity
Race
Religion
Sex
Sexual Orientation

Question 228

What is an Air Source Heat Pump?

Answer 228

A device that works like a reverse refrigerator.
Takes heat from the outdoor air.
Boosts it for heating indoor spaces.
Efficient, eco-friendly heating solution.

Question 229

What is an Ground Source Heat Pump?

Answer 229

Uses Earth’s stable temperature for heating and cooling.
Pipes underground collect heat in winter, release it in summer.
Efficient and eco-friendly HVAC system.
Works well in various climates.

Costly for initial install due to depth of excavation (if piling already this can be great incentive to use GSHP)

Question 230

How do you check scale on drawing?

Answer 230

1. Check scale on drawing
2. Use scale rule
3. Measure known dimension
4. Check annotations

Question 231

Why is contingency used? (8)

Answer 231

To account for the unknown!

1. Unforeseen Issues: Covers unexpected problems.
2. Scope Changes: Adapts to changes without exceeding budget.
3. Price Fluctuations: Absorbs cost increases.
4. Unknown Conditions: Allows for unexpected site factors.
5. Legal/Regulatory Changes: Covers compliance costs.
6. Technology/Design Changes: Adapts to advancements.
7. Supplier/Contractor Issues: Helps find alternatives.
8. Risk Mitigation: Acts as a safety net.

Question 232

Alternates to BCIS?

Answer 232

Inhouse benchmarking
SPONS
RLB Tender Price Forecast

Question 233

Why on the Hortonwood scheme was a CSA preferable over a BOQ?

Answer 233

Design wasn’t at sufficient design stage for BOQ
Client preference was for a D&B procurement route and so CSA lends itself to this approach
Less time to create

Question 234

What did you assume for utilities/remedials on the Hortonwood scheme? How could you reduce risk on these items for client?

Answer 234

We instructed the engineers to carry out some line searches to see any publicly available services initially.
A ground conditions report was also instructed allowing us to effectively derisk the ground which for I&L schemes is quite often the most major risk of all.
Allowed 1 nr connection point at the perimeter of site with rising main pending complete utilities surveys

Question 235

If a variation proposed by the contractor does not include core scope rates, how would you assess these rates?

Answer 235

Firstly if it was a relatable core scope item I would lift the rates myself and use those and revert.
If the items were dissimilar, +/- 10% quant or non scope item I would attempt to use fair and reasonable. Market testing with subcontractors to ensure rates are fair.

Question 236

Did you include fluctuation provisions on the Hortonwood job?

Answer 236

No. D&B job tendered with the client buying out all inflation risk in tender.

Question 237

What is an efficient wall to floor ratio?

Answer 237

0.4 to 0.5

Question 238

What is an efficient net to gross internal area ratio?

Answer 238

70 to 80% on Resi

Question 239

Talk me through the planning process for Trident Business Park?

Answer 239

I didnt actually sit in the planning meetings but accepted comments from the developer in the DTM. He had monthly chats with the planner to discuss proposals and the most mentioned item tended to be the haunch height. Full CGI of the revised proposals was requested by the planners which the architect provided for a further fee. This CGI demonstrated that the haunch could no longer be considered overbearing to the residential properties at the rear.

Question 240

Difference between guidance note and professional statement? (and others)

Answer 240

Professional statements are RICS mandatory practice.
Guidance note are as suggested merely guidance.

Question 241

What is an S73 planning notice/application?

Answer 241

Section 73 of the Town and Country Planning Act 1990 permits modifications to existing planning permissions without going through the full planning process again. This is used for adjustments like changing building design, extending time limits, or altering conditions attached to the original permission.

Question 242

What forms a set of contract docs?

Answer 242

Attestation
Conditions
Specification + Drawings
Pricing Document
Tender Documents
Programme/Schedule
H&S documents
Insurances

Question 243

What is considered a ‘change’ under JCT D&B?

Answer 243

Variations: Variations are changes to the design, scope, or quality of the works. They can include adding or omitting work, altering the specifications, or changing the design. Variations are typically instructed by the employer (the client) through the contract administrator or architect. These changes may result in adjustments to the contract sum and the completion date.

Question 244

What alternatives to the two-stage negotiated procurement route did you offer your client on the Industrial Unit in Cheshire?

Answer 244

I suggested initially a two stage competitive tender however the client immediately rejected this proposal.
A negotiated tender was undoubtedly the fastest of the two and this was the clients key driver. The end user (British Salt) had a strict requirement for date of possession.
The client was also keen to cite the good working relationship they had with A&H the contractor.
Hyperinflation was prevalent during tender time and so they didnt want to extend the tender period any further to risk any more increase in price.

Question 245

What are the building regulations? How do they impact the UK construction industry?

Answer 245

The building regulations in the United Kingdom are a set of legal standards and requirements that govern the design, construction, and alteration of buildings. They are in place to ensure the health, safety, accessibility, and sustainability of buildings, as well as to promote energy efficiency and conservation

Question 246

On the Calthorpe Road Office Refurb, what were the implications of removing the slate roof?

Answer 246

As we were replacing over 25% of the roof there were implications under part L of the building regulations for consequential improvement. This meant we had to upgrade the insulation. The engineer was also instructed to conducta structural survey on the roof to ensure it could take the load.

Question 247

What is a letter of intent and when should it be used?

Answer 247

Preliminary document expressing intent for an agreement.
Not legally binding but may lead to legal obligations.
Legal effect depends on wording and parties’ actions.
Risk of disputes and uncertainty when work starts under an LOI; full contracts provide more certainty.
Only use if agreement on ocntractual terms has been made and contract engrossment is only outstanding detail.

Question 248

T&T vs Ampleforth. What was it?

Answer 248

Employer sued project manager for lack of advice on risks of starting work based on a Letter of Intent (LOI) without a formal contract.

Employer couldn’t cfidilaim liquidated damages as no contract was in place.

Case underscores the importance of clear communication and risks involved when using LOIs.

Legal implications of LOIs can vary, and parties should seek legal advice to minimize risks.

Question 249

FIDIC Red Book Valuation - How does it vary?

Answer 249

On the DC job payment terms are as follows:
Valuation monthly
I conduct a site walk day after
Due Date is then 7 days after val submittal
Cert then due +5 days from Due date
30 day payment terms

Question 250

FIDIC Red: What happens if you cant agree valuation with contractor?

Answer 250

Negotiation and Discussion: The initial step is for both parties to engage in good-faith negotiations and discussions to resolve the dispute. This process involves both sides providing their arguments and evidence for their valuation positions.

Engineer’s Determination: If the negotiations fail to reach a resolution, the matter is often referred to the Engineer (or the Contract Administrator, as defined in the contract), who is a neutral third party responsible for administering the contract. The Engineer may issue a determination to resolve the dispute regarding valuation.

Dispute Adjudication Board (DAB): Some FIDIC contracts include a provision for a Dispute Adjudication Board (DAB). If the dispute involves a matter that cannot be resolved through the Engineer’s determination, the DAB is an independent panel that provides a binding decision. Parties typically agree in advance to abide by the DAB’s decision.

Arbitration or Litigation: If the parties are still unsatisfied with the outcome after the Engineer’s determination or DAB decision, they may resort to formal arbitration or litigation, depending on the specific dispute resolution mechanism outlined in the contract.

Question 251

What happens / is the risk if you over value works in a valuation?

Answer 251

Payment Discrepancies: If the valuation significantly overvalues the work, the contractor may receive a higher payment than what is warranted. This can lead to financial imbalances in the project and may create disputes when the overpayment needs to be reconciled in future valuations.

Cash Flow and Financing Issues: Overvaluing can strain the employer’s cash flow and financial resources. Excessive payments to the contractor can disrupt the project’s budget and financing, potentially affecting other project elements or causing financial strain on the employer.

Impact on Project Schedule: Overvaluation can distort the project’s payment schedule, causing discrepancies between actual work progress and payments. This may lead to disputes, work delays, and disruptions in the construction schedule.

Loss of Trust and Relationship Strain: Continuous overvaluation can erode trust between the parties. The employer may question the contractor’s integrity, while the contractor might feel unduly scrutinized. This can negatively impact the working relationship and collaboration on the project.

Subsequent Adjustments: Overvaluations will likely require adjustments in future valuations to correct the financial imbalances. This may lead to disputes as the parties attempt to reconcile past overpayments and establish a fair valuation process moving forward.

Dispute Resolution: Parties may resort to dispute resolution mechanisms, such as negotiations, Engineer’s determinations, or Dispute Adjudication Board (DAB) proceedings, to address overvaluation disputes. These processes can be time-consuming and costly.

Question 252

On the Data Center job what are the offsite vesting procedures?

Answer 252

The client has a onerous vesting criteria.
* Clear photographs of all vested materials, clearly marked as the client’s property, with a correspondent schedule allowing clear identification of items.
* Certificate of insurance to be provided.
* Evidence of transfer of title to be provided.
* Consent of surety to be provided.
* Documentation that verifies amount/quantity of material requested to be vested. IE delivery dockets, headed paper confirming, etc.

Question 253

On the Data Center job what are the retention provisions?

Answer 253

Percentage of Retention:
5%
Limit of Retention Money:
3%

Question 254

What are the implications of the Fire Safety Act 2021?

Answer 254

Resi Building above 11m =
Sprinklers
Wayfinding signage for firefighters
Ban of ACMS
Second stair core?

Question 255

What is the valuation process in JCT D&B?

Answer 255

The contractor submits an application for payment, detailing the work completed.

The employer or their representative (usually a quantity surveyor) assesses the application, considering the work completed, materials on-site, and any changes.

If both parties agree, a payment is made to the contractor.

If there’s a dispute, it may be resolved through negotiation, mediation, or other dispute resolution procedures outlined in the contract.

Question 256

JCT D&B Change Control procedure?

Answer 256

A request for a change (variation) is made by the employer.

The contractor provides a quotation for the change, including the impact on time and cost.

The employer and contractor negotiate and agree on the change, including any adjustments to the contract sum and completion date.

The change is documented, and a formal variation order is issued to make the change part of the contract.

Question 257

What is the Milestone payment structure in JCT D&B? Are there alternatives?

Answer 257

The milestone payment structure in a JCT D&B contract is a payment system based on achieving specific project milestones or stages. The contract may specify payment milestones such as completion of certain phases, key deliverables, or stages of work. Alternatives can include different payment structures, such as a lump-sum payment or periodic progress payments.

Question 258

How do you go about analysing delays in programme? (4 methods)

Answer 258

Critical Path Analysis (CPA): Identifying the critical path and assessing how changes impact project timelines.

Time Impact Analysis (TIA): Evaluating the impact of specific events or changes on project schedules.

Impacted As-Planned Analysis (IAP): Comparing the planned schedule with the as-built schedule, considering delays.

Window Analysis: Assessing delays within specific time windows.

Question 259

What is a concurrent delay?

Answer 259

Multiple delays by multiple events/parties overlap or occur simultaneously.

Contract terms define how these are mangaed and if the GC is entitled to EOT or Compensation.

Often very coiplex to resolve and require legal help to do so.

Question 260

Can you tell me about the RICS Guidance on Payments for Delays?

Answer 260

The purpose of damages for delay is to compensate the employer for any losses or additional costs incurred as a result of the delay.
The amount of damages for delay is typically specified in the contract and is often calculated as a percentage of the contract price per day.
The standard forms of contract provide guidance on how damages for delay should be dealt with, including the deduction of damages from sums due to the contractor.
In some cases, the contract may include a cap on the amount of damages that can be taken.
The certification of completion or practical completion may be subject to debate, and the date of achieving practical completion may be agreed upon and formalized after the actual event.
If the completion date has not been fixed due to ongoing discussions about extension of time entitlements, damages may be deducted and then recalculated and deducted or refunded once completion and/or the extension of time is agreed upon.
If the relevant section of the contract is left blank, unliquidated damages will apply, and the employer will need to provide evidence of actual loss.

Question 261

What is corporate recovery in terms of a construction company?

Answer 261

The process in which actions are taken to bring an ailing company back to full health.

Provisions of restructuring, financial change, legal advice.

Potential appointment of insolvency practitioner.

Question 262

How should you approach contract termination?

Answer 262

The first port of call is good management. Through this you can avoid contract termination by discussing issues causing concern and taking early actions to prevent termination.

If a release agreement is required, legal advice should be sought for agreement.

Awareness of the different contractual provisions for termination are a must for a good QS to be able to manage effectively.

Question 263

In line with RICS guidance how should you operate a contract termination if required?

Answer 263

KEY Consideration: ALWAYS act in strict compliance with the contract terms during notices and notice periods etc.

Discuss the situation with the employer/party.
Make a note of all relevant contract clauses for termination.

Seek additional assistance from an expert if required. (I don’t have sufficient exp in termination personally so would always request help)

Write and serve a notice in accordance with the contract, detailing the breach and ensuring correct postal delivery procedure.

If the breach continues, dispatch a further notice (if required by the contract), keeping to the facts and contract clauses.

Prepare documentation, finalize accounts, ensure site security, consider alternative contractors, and invite tenders from other parties.

Question 264

What is the golden thread?

Answer 264

The golden thread is the essential information that ensures the safety and compliance of a building throughout its life cycle.

This includes documenting compliance with building regulations, managing safety risks, and maintaining structured digital information. It is a critical component in promoting a culture of building safety and involves various stakeholders, from building managers to emergency responders.

Question 265

What role does QS play regarding the golden thread?

Answer 265

• Cost estimation and budgeting for safety.
• Monitoring compliance with regulations.
• Risk assessment and mitigation.
• Documenting and record-keeping.
• Managing changes to support building safety.

Question 266

What should the industry do to aid in adoption of the golden thread culture? (3)

Answer 266

• Focus on industry ownership and culture change.
• Promoting digital competence and building safety culture.
• Communication and engagement with stakeholders.

Question 267

Can you name some of the recent changes to the Building Regs as part of the 2023 update?

Answer 267

Two new approved documents:
O - Overheating
S - EVP Charging Points

These changes aim to ensure that buildings are energy efficient, safe, and equipped for future needs.

Question 268

Difference between procurement and tendering?

Answer 268

PROCUREMENT
The acquisition of products and services, specifically for a business purpose. It covers the entire process, from identifying the need of goods and services allocation of suppliers.
- Traditional
- D&B
- Construction Management/Management Contracting

TENDERING
The process in which you go to market.
- Single stage (competitive)
- Two stage (competitive)
- Negotiated
- Open
- Serial
- Framework

Question 269

Criteria for submitting an F10? (2 options)

Answer 269

F10 is used to notify HSE of a project.

• Longer than 30 days and more than 20 workers at any point
• Exceed 500 person days

Question 270

What are clients responsibilities under CDM 2015?

Answer 270

• Make suitable arrangements to manage project
• Appoint PD and contractor of competence
• Allow time/resources for each stage of project
• Ensure duties are carried out by PD/GC
• Ensure welfare is suitable
• Ensure F10 posted and displayed in site office
• Provide PCI pack to GC/PD
• Ensure CPP is produced before construction begins

Question 271

What are the three pillars of sustainability?

Answer 271

• Environment
• Social Responsibility
• Economic

Question 272

Primary legilisation re inclusive environments?

Answer 272

Equality Act 2010

Question 273

What building regulations relate to sustainability?

Answer 273

Part L - Conservation of fuel and power: This part is integral to ensuring a financially viable outcome and is essential to the success of any development project. Properties should be conceived and constructed with the principles of sustainable design at the forefront.
Saves energy through conserving it within building.

Part G - Sanitation, hot water safety and water efficiency: This part ensures that buildings have adequate sanitation facilities, hot water supply, and water efficiency measures.
It’s about using water wisely so we don’t run out of it.

Part H - Drainage and Waste Disposal: This part ensures that buildings have adequate provisions for drainage and waste disposal, which are key aspects of sustainable construction.
It’s about managing waste properly so it doesn’t harm the environment.

Part J - Combustion appliances and fuel storage systems: This part ensures that combustion appliances and fuel storage systems are safe, which is crucial for energy efficiency and reducing carbon emissions.
It’s about using energy safely and efficiently.

Question 274

Difference between litigation & arbitration?

Answer 274

Who decides the dispute: In litigation, a judge or jury in a public courtroom decides the dispute. In arbitration, a neutral third party (the arbitrator) that the disputing parties agree upon makes the decision1.

Where it happens: Litigation happens in a public courtroom, while arbitration is a private process that happens outside of court1.

Rules of evidence: In litigation, the court must follow the federal rules of evidence. In arbitration, the arbitrator decides what evidence is allowed, and the federal rules of evidence do not apply1.

Appeal rights: The decision of a judge in litigation can be appealed, while the decision of an arbitrator in arbitration is usually binding on both parties and has limited appeal rights1.

Costs and time: Arbitration can be quicker and less expensive than litigation because it avoids some court costs and often has a shorter waiting time before it starts1.

Question 275

Key upcoming changes to the Building Safety Act?

Answer 275

The full higher-risk building regime with new requirements under the Building Safety Act 2022 (the BSA) is coming into force on the 1 October 20231.
The deadline for registering occupied higher-risk buildings is on the 1 October 20231.

Before commencing work on any new higher-risk building, developers will need to submit design applications to the Building Safety Regulator (BSR) for approval1.

From the 1 October 2023, all new higher-risk buildings must be registered with the BSR1.

Question 276

Main changes in the Building Safety Act 2022?

Answer 276

The Act introduces new dutyholder roles, impacting all stakeholders involved in a construction project.

The Building Safety Regulator (BSR) will become the building control body for new higher-risk buildings.

Question 277

Changes for building control roles in BSA 22?

Answer 277

Developers of higher-risk buildings no longer have the option to choose whether they want to use a local authority building control or a private inspector as their building control body. This role will now automatically be undertaken by the BSR.

Question 278

Changes for Principal Designer (PD) roles in BSA 22?

Answer 278

Principal Designers under the Act are now expected to plan, manage and monitor design work to ensure compliance with building regulations – and maintain a ‘golden thread’ of data on design decisions for fire and structural safety.

Question 279

What are the building types covered under IPMS?

Answer 279

Retail
Residential
Industrial
Office

Created to create a consistent way of measuring the 4 main building sectors.

Question 280

What are the Three Gateways? (Golden Thread)

Answer 280

A critical part of the Building Safety Bill is the introduction of the Golden Thread of Information

This ‘thread’ is noted to have three key gateways for a construction projects lifecycle, and whom is responsible for the thread at each stage:
- Planning Application – Principal Designer
- Construction Phase – Principal Contractor
- Occupation – Accountable Person

Question 281

What was the PTE budget on the Data Center Project?

Answer 281

PTE created by RLB prior to my involvement = £900m.
Current forecast = £960m

Question 282

What is a duty of care? How is it different to client care?

Answer 282

Duty of Care: A duty of care is a moral or legal obligation to ensure the safety or well-being of others.

Client Care: Client care refers to the work of looking after clients and ensuring their satisfaction with one’s business and its goods or services.

Question 283

3 pillars of dispute resolution?

Answer 283

• Negotiation
• Mediation
• Adjudication/Arbitration/Litigation

Question 284

Is adjudication binding?

Answer 284

Yes - but only interim binding! If one party disagrees they may then proceed to arbitration/litigation.

Question 285

What are the three BREEAM stages?

Answer 285

Pre-assessment.
Design-stage assessment.
Post construction review.

Question 286

What might you typically exclude in a cost report?

Answer 286

Interest Costs: loans or bonds, may be excluded from certain cost reports.

Income Taxes: they represent a financial obligation to the government and not a direct cost of a project or activity.

Opportunity Costs: These are often not included in cost reports, as they are not actual, measurable expenses.

Question 287

Can you tell me what the steps are if a contractor fails to issue their interim payment application under a D&B contract vs a SBC in JCT?

Answer 287

D&B you are fine to ignore and roll into next month. The timelines are merely guidance. If the valuation is submitted late though the timelines commence from that date.

SBC you must conduct your own valuation of the works and issue payment notice in accordance with the set dates.

Question 288

What is Construction 2030?

Answer 288

Project Performance: Aim for on-time, on-budget, high-quality projects.

Innovation: Become “data companies that build things”, embrace modularization and standardization.

Risk Management: Clear view of portfolio risk by aggregating risk at an enterprise level.

Supply Chains: Suppliers as collaborators in strategic innovation, localized sourcing and 3D printing.

Sector Demand: Construction as an industry of choice for graduates and school leavers.

ESG Adoption: Circular production, sustainable buildings and high ethical standards attract low-cost capital.

Question 289

What is the RLB Business Plan?

Answer 289

Have Fun - Business culture to be a competitive advantage
Make Money - £150m turnover by 2030 (£30m profit)
Feel Valued - Implement VALUE for all employees/stakeholders
Forever - Sustainable into the longer term

Question 290

What is informed consent?

Answer 290

Informed consent occurs when there is agreement to an interaction or action rendered with knowledge of relevant facts, such as the risks involved or any available alternatives.

Question 291

You decide to set up your own practice after your charter, what are the first steps?

Answer 291

• Set a designated contact for RICS
• Prepare RICS standard CPH mechanism
• Application pack to the RICS
• Obtain PI
• Abide by rules
• Use RICS on literature

Question 292

What is PI?

Answer 292

Provides financial cover in the event of a client suffering financial loss as a result of breach of professional duty e.g. neglect, errors, omissions

Question 293

If you accepted a bribe overseas could you be held accountable in the UK?

Answer 293

Yes, under dual criminality.

Question 294

What guidance does RICS provide on bribery?

Answer 294

Black book on Bribery, Corruption, Money Laundering & Terrorism Financing

Question 295

What governs UK law on bribery?

Answer 295

Bribery Act 2010

Question 296

How might you attempt to traverse an unstable economic climate in a tender process?

Answer 296

Risk Assessment - Conduct a thorough risk assessment to identify the specific economic factors that could impact your tender process. This includes understanding inflation rates, currency fluctuations, interest rates, and market volatility.

Fluctuation Provisions - a contractual mechanism whereby the cost of a job is calculated as the job progresses, with the final contract sum adjusted accordingly. Tender is more attractive to contractors - less risk for them. Offers client less cost certainty but a more initially attractive tender price.

Communicate Transparently - Maintain open and transparent communication with suppliers, and other stakeholders. Discuss challenges and seek mutually beneficial solutions.

Value Engineering

Question 297

What are the default FIDIC Red Book timelines for:
Valuation
Change Control

Answer 297

Valuation = 1. Pay app (monthly)
2. Pay cert/pay notice (28 days)
3. Payment release (56 days total (+28 days))

Change = Via instruction/proposal.
Upon instruction GC 28 days to submit particulars.
Engineer 42 days upon receipt for review.

Question 298

What are the default FIDIC Red Book timelines for Final Account?

Answer 298

1. Contractor submits final statement 56 days after performance certificate
2. Engineer review and respond 28 days after receipt
3. Final statement from GC 28 days after engi response.
4. Final pay cert from engineer 28 days after receipt final statement.
5. Payment due within 56 days of cert.

Question 299

How do you measure steelwork in early feasibility stages?

Answer 299

Assume 85-110kg/m2
Convert kg to tonnage
Add +15% for connections

Question 300

How do you measure steelwork RIBA 3 onwards?

Answer 300

Assess beam/column sched - labelled
Beam schedule provides weight of beam per metre
Measure linear meters and get weight (kg)
Convert kg to tonnage - add % for connections

Question 301

What is the IPMS?

Answer 301

Created by IPMSC (80 diff property orgs) Non-profit org, chaired by RICS.

International property measurement standards. Currently 4 editions:
Industrial
Office
Residential
Retail

Question 302

What may you exclude from a cost report?

Answer 302

Tax
VAT
Land Fee
Separate contracts
OFCI
Anything outside capital budgert

Question 303

What is a section 73 planning notice?

Answer 303

S73 allows for developer/landowner to apply for variation/removal of planning conditions during development.

Question 304

Do RICS provide guidance on Tendering?

Answer 304

Yes, the RICS Tendering Strategies (1st Ed.)

Question 305

Can you describe management contracting and construction management? What is the difference?

Answer 305

CM/MC: Management contractor/con manager oversees project. Manages subbies and construction process. Involves client in decision making.

MC = Less client responsibility
CM = More client responsibility as he dictates to the CM

Question 306

How do you deal with errors in a JCT tender?

Answer 306

Refer to the JCT Tendering Practice Note 2017.

Alt 1 - Accept or withdraw
Alt 2 - Confirm or amend

Question 307

Disadvantages of a negotiated tender?

Answer 307

Risk of inflated bids due to lack of competition

Question 308

How might you ensure cost certainty in a D&B tender?

Answer 308

Clear and concise tender documents agreed with client
Less chance of change later down the line

Question 309

How do you deal with an error in a tender under JCT?

Answer 309

2 alternatives in JCT.

1. Tenderer invited to stand by price or withdraw. (Signed endorsement required)
2. Opportunity granted to confirm or amend offer

Question 310

Can you deduct LADs from final account?

Answer 310

No. Employer/client must deduct LADS.

Question 311

What law does the industry operate under?

Answer 311

Law of Tort - This is common law governing implicit civil responsibilities.
Contact law
Criminal law

Question 312

What is a schedule 2 quotation?

Answer 312

A quote in a D&B contract requested by the EA ahead of instructing a variation/change. GC has 21 days to provide.

Question 313

What is it called when you amend a contract?

Answer 313

Deed of variation

Question 314

Difference between collateral warranty and third party rights?

Answer 314

TPR gives right to TP under contract through mention or ref. under specified clause in the contract of their right

Collat only grants warranties associated with another contract

Question 315

Difference between Novation & Assignment?

Answer 315

Novation = benefits and burdens of contract

Assignments = benefits only

Question 316

What do you not have retention on? (4)

Answer 316

1. Scaffolding
2. Loss/Expense
3. Insurances
4. Surveys

Question 317

Difference between latent and patent defect?

Answer 317

Latent - Non obvious
Patent - Discoverable through reasonable inspection

Question 318

Difference between partial possession and sectional completion?

Answer 318

Partial possession at contractor discretion. Doesnt form part of contract.

Sectional completion forms contract.

Question 319

What reasons might a contract be terminated for? (6)

Answer 319

• Force majeure
• Contractors right e.g. failed payment
• Employer right e.g. performance, breach of contract
• Frustration
• Non completion

Question 320

What are the default notification periods for termination of contractor?

Answer 320

1. Written notice specify defaults
2. Second notice - Day 14 (2 weeks)
3. Termination - 21 days from 2nd notice

IF corruption/insolvency no initial notice needed

Question 321

If a consultant is novated, what is required?

Answer 321

Collateral warranty

Question 322

Name some relevant events? (12)

Answer 322

Variations
Weather/flooding
Terrorism
Information non providence
Subby delay
Statutory undertakers
Delay to site possession
Force Majeure
Material supply from client
Strikes
Permissions delay (planning)

Question 323

Name some relevant matters? (9)

Answer 323

Failure to provide site access
Instruction delay
Opening up works proven to be in accordance with contract (request by client to open)
Contract doc discrepnacy
Disruption of client carried out works
Failure of client to provide OFCI
Instructions re varoatons/prov sum expenditure
Inaccurate forecasting /approx quants wrong
CDM issues

Question 324

What is a head of claim?

Answer 324

A category or type of claim that one party may make against another:
1. Variations
2. EOT
3. Loss/expense
4. Defects
5. Payment
6. Termination

Question 325

Time period for assessing a relevant event?

Answer 325

Within 12 weeks of receipt of claim/particulars

Question 326

Time period for assessing a relevant matter?

Answer 326

Within 28 days of initial information (4 weeks)

Question 327

Is retention deducted from prelims?

Answer 327

No!
Only as security on PERMANENT works.

Question 328

Who issues pay less?

Answer 328

Client/employer.

Question 329

Types of letter intent? (3)

Answer 329

Comfort
Permission to spend to point
Acknowledgement on form of contract

Question 330

How do you deal with fluctuations in JCT?

Answer 330

Three Options:
A - Allow for adjustments on tax changes
B - Allow “ “ on material changes or labour costs
C - Formula led adjustment on contract sum

Question 331

JCT Insurance Options? (3)

Answer 331

A - Contractor takes out. Maintains joint names all risk insurance.
B - Client takes out and Maintains joint names all risk insurance.
C - Client takes out B and also covers insurance for renovations and existing structures

Question 332

Difference between NRM and IPMS?

Answer 332

NRM = Construction project measurement i.e. QS
IPMS = Real estate measurement i.e. Estate agent selling existing property

Question 333

When supporting the EA on Lichfield Road, what contract admin did you conduct personally?

Answer 333

• Draft payment certificates
• Review and manage contract docs
• Manage and report on project finances
• Communication between client and contractor
• Maintain tight record keeping

Question 334

What are the RICS rules of conduct based on?

Answer 334

Based on a set of ethical principles and professional standards that are designed to guide the behavior and conduct of its members.

• Integrity
• Competence
• Objectivity
• Behaviour
• Accountability

Question 335

Under the Royal Charter what is the RICS required to maintain?

Answer 335

• Maintain high professional standards
• Act in public interest
• Regulate profession
• Promote education
• Maintain trust
• Accountability

Encompasses a responsibility to the public domain.

Question 336

How do you determine if you are providing a good service to clients? (2)

Answer 336

• Feedback
• KPIs

Question 337

How can you encourage diversity in your role as a QS?

Answer 337

• Promote Equal Opps
• Inclusive Workplace
• Recruitment Diversity
• Awareness
• Lead by example

Question 338

Can you give some advantages of steel frames?

Answer 338

• Quick erection
• Cost effective
• Durable
• Able to be coated intumescently
• Design flexibility
• Strength
• Sustainability
• No height limit

Question 339

Can you give some disadvantages of steel frames?

Answer 339

• Susceptible to inflationary measures
• Corrosive
• Thermal conductivity

Question 340

Why are steel frames used over concrete frames for warehouses generally?

Answer 340

• Speed of construction
• Clear span space
• Lightweight with less foundation load (warehouses typically built poor soil)

Question 341

When might you use a GMP priced contract?

Answer 341

• First stage of two stage tender
• Complex, drawn out programmes

Question 342

Can you tell me which approved document deals with Fire Safety?

Answer 342

Part B

Question 343

You mention in your level 2 experience advising a client on type of reinforcement in a slab. Can you explain the construction of a ground floor slab?

Answer 343

1. Excavate.
2. Apply blinding.
3. Formwork
4. Reinforcement applied (if applicable)
5. Pour concrete
6. Finish concrete (power float)

Question 344

What are the two main forms of pile construction?

Answer 344

1. End bearing
2. Friction

Question 345

How do you measure external walls in accordance with NRM?

Answer 345

NRM1: Measured on internal perimeter less windows (M2)
NRM2: Titled cladding and coverings
Any externals less than 600mm wide should be measured in meters (portico etc)
Less than 1m2 = Number!
M2 for all else - minus windows, loading docks etc

Question 346

Efficient W2F ratio?

Answer 346

0.4 to 0.55

Question 347

What are the roles of professional groups within the RICS?

Answer 347

Provides opportunities for members to connect and network within there technical expertise

Examples of groups
Construction, valuation, commercial property, residential property, land and natural resources, building surveying and building control

Question 348

Six principles for bribery prevention?

Answer 348

1. Proportionate Procedures
2. Top Level Commitment
3. Risk Assessment
4. Due Diligence
5. Communication
6. Monitoring and Review

Question 349

Why was the Companies Act 2006 important?

Answer 349

• Modernized & simplified UK law
• Enhanced corporate governance
• Promote responsible buisness behaviour
• Streamlined admin

Question 350

Why is it important to begin BREEAM in early design/pre-assessment phase?

Answer 350

• Make informed decisions early
• Optimise sustainability
• Resource efficiency
• Reduce costs through material reuse
• Score design points to make exc, outst achievable

Question 351

What are you currently benchmarking cost per K/W in UK?

Answer 351

£11,000/kW

Question 352

What are you currently RAF cost per m2 in UK?

Answer 352

£1,000/m2

Question 353

Why do DC developers tend to use the FIDIC suite?

Answer 353

• International consistency
• English language pref.
• Risk allocation (balanced)
• Legal certainty
• Time (less time to draft client standard forms)

Question 354

Did you procure any packages in the first stage tender?

Answer 354

No, the contractor would operate at risk.

It is possible that the contractor could operate under an LOI with a maximum spend limit however I would always advise against this due to the risk it holds.

Question 355

What is RLBs gift policy?

Answer 355

• Hospitality must be authorized and open.
• Non-compliance may lead to disciplinary action.
• Record all hospitality, regardless of acceptance, in the Time and Expenses system.
• Prior approval needed for significant hospitality based on specific value thresholds.

Under £75 = no approval
£75 to £200 = RLB Partner
£200+ = RLB Senior Partner

Question 356

Why is it important to not have an unconscious bias?

Answer 356

1. Affects fairness, equality, and diversity.
2. Enable fair treatment and optimal decisions.
3. Crucial for personal growth, and legal compliance.

Question 357

What is RLBs equality policy?

Answer 357

RLB’s mission includes creating an inclusive workplace, supporting communities, and fostering diversity.
Strategic objectives focus on improving diversity, fostering inclusion, effective communication, and external relations.

The company values diversity, promotes inclusion, and recognizes the benefits of a diverse workforce.
Diversity improves creativity, productivity, and customer loyalty.
Discrimination, harassment, and victimization are strictly prohibited.

The policy addresses various forms of discrimination, including direct, indirect, associative, and perceptive.

The company continuously monitors its workforce to encourage diversity and inclusion.

Question 358

Steel frame disadvantages?

Answer 358

• Susceptible to inflation
• Corrosive
• Conductive
• Larger column sizes than concrete

Question 359

Difference between A393 mesh and fiber reinforcement?

Answer 359

Fiber offers lower structural strength but more effective in reduced cracking and enhancing durability

Mesh typically harder to install as needs to be layered with precise placement

Question 360

How might you remedy artificial ground?

Answer 360

1. Lime stabilization
2. Excavation and replacement
3. Vibro compaction
4. Piling

Question 361

Name 4 cladding types? (4)

Answer 361

1. Trapezoidal
2. Microrib
3. Composite
4. Rainspan/rainscreen

Question 362

How might wall to floor ratio impact design?

Answer 362

• Additional structure to resist wind loads
• Riser size
• Increased core sizes
• Lift provision
• Plant space

Question 363

NRM1 advises on cost plans, cost estimates and NRM2 on BOQ, but what else do both advise on?

Answer 363

NRM1 - Life cycle costing
NRM2 - Provisional sums

Question 364

What can you use benchmarking for? (3)

Answer 364

1. To infill information/update rates during cost planning
2. To check tender submissions to ensure rates fair
3. Reconcile to highlight areas elementally which can be VE’d

Question 365

Difference between novation and assignment?

Answer 365

• Novation = OBLIGATION AND BENEFIT
• Assignment = BENEFIT ONLY

Question 366

When might you use JCT intermediate?

Answer 366

• Max 1 year duration
• Simple in content, requiring basic skills/trades only
• Design complete

Question 367

Standard retention?

Answer 367

D&B - 3%
Other - 5%

Question 368

Difference between JCT & FIDIC?

Answer 368

FIDIC / JCT
Internationally recognized / UK predominantly
Risks balanced / Employer-friendly risk
Flexible ADR Approach / Prescribes negotiation > mediation > adjudication > Litigation.

Question 369

What is in contract particulars? (10)

Answer 369

• Parties involved
• Project description
• Contract Sum
• Contract Documents
• Commencement date/duration
• LADs
• Retention
• Payment terms
• Insurance Requirements
• Performance Bonds/PCGs

Question 370

What is included in the ‘Definitions’ section of the JCT?

Answer 370

Clear and specific definitions of terms used throughout the contract

Question 371

What is included in the ‘Carrying out the works’ section of the JCT?

Answer 371

Outlines of obligations, responsibilities, and procedures for contractor in executing the construction works.

Question 372

What is included in the ‘Control of the Works’ section of the JCT?

Answer 372

Adresses control and management of site. Roiles and responsibilites of the CA, employer, contractor. Coordination of trades etc.

Question 373

What is included in the ‘‘Recitals” part of the JCT?

Answer 373

Intro/preamble to the contract - background info, context, key considerations etc

Question 374

What is included in the ‘‘Articles” part of the JCT?

Answer 374

“Main terms and conditions of the contract - outline of the key contractual provisions
Overlaps with the conditions - in a general sense it contains the overarching provisions and principles that govern the contractual relationship.”

Question 375

What is included in the ‘‘Schedules” part of the JCT?

Answer 375

“Separate documents or attachments that accompany the main contract and provide additional detail/specification.
Drawings
Specifications
Scopes of work”

Question 376

What is a Schedule 2 quotation?

Answer 376

“The ability for the EA/CA to request a quote for a change.
To include: value, length of extension of time, amount of direct loss/expense, additional resources, method statement.
GC has within 7 days of request to decline. If not declined 21 days to provide quotation. “

Question 377

What is the structure of the FIDIC?

Answer 377

“1- Contract agreement
2- Letter of Acceptance
3- Letter of Tender
4- Part II - Conditions of particular application
5- Part I - General conditions of contract
6- Spec and Drawings or Ers in yellow book. Also schedule.
7- Appendices/Further Documents (if req)”

Question 378

Six principles of prevention for bribery?

Answer 378

1. Proportionate procedures
2. Top level commitment
3. Risk assessment
4. Due Diligence
5. Communication
6. Monitoring

Question 379

What processes must you adhere to if handling clients money? (11)

Answer 379

• General/discrete account setup
• Dual authorization
• No ability to override controls
• Principle overseer of role
• Clear segregation of duties for employees
• Competent staff only handle
• Never be overdrawn
• Secure systems
• Client to retain access 100% of time
• Agree terms and provide client details
• Maintain client ledger

Question 380

How can you limit your own liability as a professional?

Answer 380

• Reasonable skill and care terms (instead of fitness for purpose)
• Include run off cover
• Execute under hand

Question 381

What are the punisments under the bribery act?

Answer 381

Unlimited fine
10 years prison
Ban from profession

Question 382

Four offences as described in Bribery Act 2010?

Answer 382

• To accept bribe
• To bribe another
• To bribe foreign official
• Fail to prevent/report bribe

Question 383

Do you know what a Reinstatement Cost Assessment is? (RCA)

Answer 383

Yes, it is a valuation provided of the cost to reinstate the building incase of fire etc. Can be done via BCIS

Question 384

What is subrogation?

Answer 384

Insurance company holds right under policy to request reimbursement from the at-fault party. This reimbursement often comes from the at-fault party’s insurance company.

Question 384

What is culpable delay?

Answer 384

Contractor at fault for delay. ‘Culpable’

A culpable delay is one whereby the contractor will have to pick up their own costs plus any damages claim from the client.

Question 385

What else can you instruct on a contract other than a variation?

Answer 385

• Expend prov sums
• Addition/omission of works
• Postpone the works
• Testing for works
• Removal of works not in accordance with contract

Question 386

What is Clause 6.5.1 insurance?

Answer 386

Non negligent insurance.
When you need to cover existing adjacent properties.

Question 387

What is the name of the RLB redress system?

Answer 387

CEDR

Question 388

What is the JCT D&B final account timelines?

Answer 388

Contractor submit in 3 months.
CA assessment within 2 months.
Max 5 months.

Question 389

Onerous obligations under the BSA 22 apply to which buildings?

Answer 389

18 meters or 7 storeys

Question 390

What is the BSRs main functions? (3)

Answer 390

Adherence to:
- Overseeing safety and performance of buildings
- Improving competence in the built environment
- Implement new regulatory regime

Question 391

Do the 3 gateways apply to all buildings?

Answer 391

No.

Only to high risk (18 mtr, 7 strY)

Question 392

What insurances might you expect a contractor to have in place at time of tendering? (6)

Answer 392

1. Public liability
2. Product Liability
3. Employer Liability
4. Professional Indemnity
5. CAR (Con. All Risk)
6. Terrorism

Question 393

What basis is PI insurance written in the UK?

Answer 393

Claims
Made
Basis

Means policy in place at time of claim (not time of breach) is the policy that handles the claim.

Question 394

Max levels of uninsured excess?

Answer 394

Turnover in preceeding yr:
10m or less = 2.5% (of sum insured) or 10k, whichever greater.
10m+ = No limit 2.5%

Question 395

Key differences between Bichard and Levitt reports?

Answer 395

Levitt report followed on from Treasury Management audit due to cashflow inaccuracies.
Bichard a follow-on review.

Levitt 18 reccs: focus on governance structure, accountability.

Bichard 36 reccs: Vision & Values to public, Role of Gov. Council, Specialisms, Geographies, D&I, Public Interest.

Question 396

Why did you advise the client to eliminate CDP elements from the contract?

Answer 396

• Avoid requirement of warranties.
• Client retains full ownership of design (holds risk but also has competent arch, engineer)
• Potential cost increase due to design unknowns at time of tender. Drainage treated as prov sum.

Question 397

On the Goole scheme, how many tenderers did you go out to on the PQQ & Tender?

Answer 397

8 PQQ
4 Tender

Question 398

On the cheshire job you state the procurement method as anti-competitive, why is this?

Answer 398

Negotiated = Lack of tender competitivity. Over reliance on benchmarking.

Two-Stage = Contractor can ramp up price second stage.

I ADVISED to use open book tender in second stage so that an essence of competitivity remained.

Benchmarking done in first stage in order to verify prelims & OH/P percentages.

Speed of tender due to previous exp. with contractor and no requirement for PQQ etc.

Question 399

Definition of insolvency?

Answer 399

Inability to pay debts when liabilities exceed assets.

Question 400

What is an S Curve?

Answer 400

S = Standard.
Standard cashflow curve used for forecasting. Low expenditure at start (enabling works), high in middle (m&e, steel etc), low at end (finishes).

Question 401

How might a company write a business plan?

Answer 401

1. Assess market (SWOT)
2. Focus on S and O to develop critical success factors
3. Develop goals and objectives fortifying the above

Question 402

How do you contribute to RLBs goals?

Answer 402

• Fee earning (increase turnover)
• Focus on safety in workplace, on site,
• Upskill junior staff members

Question 403

How does an up to date business plan help?

Answer 403

• Creates common focus and culture
• Enables funding
• Budgeting
• Focus on key priorities

Question 404

What is BREEAM scored on? (8)

Answer 404

• Ecology
• Waste
• Transport
• Energy
• Materials
• Health & Wellbeing
• Pollution
• Water

Question 405

What is Hyperinflation?

Answer 405

Extremely rapid and uncontrollable increase in the prices of goods and services, often resulting from a loss of confidence in a country’s currency.

Question 406

New JCT 2024 events? (2)

Answer 406

• Epidemics
• Exercise of statutory powers

Question 407

How might you identify needs of an existing client?

Answer 407

Client Account Planning Sessions
- Discuss key deliverables and scope
- Review past CPF scores & identify improvement areas
- Review complaints

Question 408

What makes up a fee proposal?

Answer 408

• Scope of service
• Resource (manloader)
• T&C’s
• Exclusions
• CV’s
• Organogram
• Key deliverables (client needs)
• Conditions of engagement (reasonable skill & care)

Question 409

Give me an example of a difficult situation that you successfully negotiated?

Answer 409

First stage of British Salt tender. Negotiation of preliminary allowances.
Cost review took place with contractor identifying anomalously high prelim allowances. We then agreed to reduce down to a mutually agreeable cost.

Question 410

Key diff between arbitration and adjudication?

Answer 410

• Timelines - 28 to 42 days on adjudication. No limit on arbitration
• Cost: Arbitration costlier
• Adjudication is a contractual right and can be entered into without full party agreement

Question 411

F10 notifiability?

Answer 411

500 person days
OR
30 working days

Question 412

3 pillars of sustainability

Answer 412

S ocial
E conomical
E nvironmental

Question 413

Key sustainability legislation?

Answer 413

• Climate change act
• Building act
• Clean air act

Question 414

What did the Deloitte article say on D&I?

Answer 414

It generates profitability!
- Up to 30 percent higher revenue per employee and greater profitability as a result

Question 415

What stage must design be typically to enter the planning process?

Answer 415

RIBA Stage 3
Spatial coordination
This USUALLY satisfies all of the planning requirements

Question 416

What point should you inflate the PTE to?

Answer 416

Depends on the procurement process.
- Tender return date (most common)
Best used for a defined contract sum.
- Mid point
Best for two stage open book when contract sum is yet to be defined and works packages are to be tendered throughout the course of the project

Question 417

Whole life cycle costing includes for?

Answer 417

• Construction
• Indirects (consultants etc)
• Maintenance
• Demolition
• Surveys
• Running cost

Question 418

Cost Report usually contains? (7)

Answer 418

1. Commentary
2. Anticipated spend to contract sum
3. Variations
4. Prov sums
5. Early warnings
6. Cashflow
7. QRA

Question 419

Under what circumstance can a contractor object a variation?

Answer 419

1. Affects efficacy of CPD
2. Affects compliance with CDP
3. Infringe patent rights
4. Variation has named specialist and contract unable to be entered

Question 420

What is a star rate?

Answer 420

Bill rate thats adopted but adjusted to be fair and reasonable for adjustment in scope, quant, quality.

Question 421

What is quantum meruit?

Answer 421

Fair and reasonable costs that have been incurred.

Question 422

Common head of claim in loss & expense? (8)

Answer 422

1. Prolongation
2. Prelim thickening (extra supervision req for variation)
3. Plant disruption or labour unutilisation
4. Increase in laboyr/material for period of delay
5. Head office overheads
6. Loss of profit
7. Finance charges
8. Acceleration costs
9. Preparation of claim cost

Question 423

How would you structure a BOQ/Pricing document?

Answer 423

• Prelims
• Facilitation works/Abnormals
• Substructure
• Superstructure
• Finishes
• Fittings
• Services
• External Works
• Prov sums
• Risk Register

Question 424

How is substructure defined?

Answer 424

All elements below the DPC!

Question 425

How is superstructure defined?

Answer 425

All elements above DPC!

Question 426

Describe a cladding rainscreen detail?

Answer 426

Screen as the name suggests
Protects the wall behind by shielding on a fixed extension

Question 427

Common steel frame components?

Answer 427

• Beams
• Purlins
• Rafts
• Columns
• Eaves
• Fixings
• Cladding rails
• Bracings

Question 428

How does intumescent paint work?

Answer 428

Stops oxygen from reaching the material it is protecting

Question 429

What are the relevant events?

Answer 429

1. Weather
2. Variations
3. Deferment of site possession
4. Statutory authority works
5. Strike
6. Terrorism
7. Force majeure
8. Undefined prov sum

Question 430

What is a limitation clause?

Answer 430

Limit a party’s liability for potential losses.
e.g. Limitation to a fixed sum

Question 431

Typical value increase for notional final account?

Answer 431

1-5% of tender sum.

Question 432

How do management contracting and construction management differ?

Answer 432

Cstrction management client holds direct contractual link with subcontractors.
Management contracting the management contractor holds contractual relationship.
Client has more control in construction management.

Question 433

How long is standard rectification period on D&B, MW & Intermediate?

Answer 433

MW = 3 Months
D&B = 6 Months
Intermediate = 6 Months

Question 434

What are some unique traits of MW?

Answer 434

• No provisions for: collateral warranties, assignment, sectional completion/pp, named subbies, bonds, advance payment, fluctuation mechanism, TPR
• No listed relevant events only ‘Anything outside contractors’ control’
• Only offers insurance options A and C

Question 435

Advantages of bespoke?

Answer 435

Only used for major projects with novel obligations
Specialist legal advisors undertake amendments - great skill and knowledge required.
Drafting from first principles too daunting from many in industry

Question 436

Why standard form over bespoke?

Answer 436

Written by legal experts
Established case law
Risk transfer established and known within industry
Familiarity in provisions
Time and expense of custom bespoke contracts avoided

Question 437

RICS Black Books? (24)

Answer 437

Acceleration
Capital Allowances
Cashflow Forecasting
Change Control & Management
Commercial Management
Conflict Avoidance
Cost Reporting
Defining Completion
EA D&B
E-Tendering
EOT’s
Final Account Procedures
Fluctuations
Interim Valuations & Payment
Life Cycle Costing
Management of Risk
Surveying Safely
Retention
Subcontracting
Tendering Strategies
Termination
Value Management & Value Engineering
Valuing Change

Question 438

RICS Rules & Regulations documents?

Answer 438

• Rules of Conduct
• Client Money Handling
• Conflicts of Interest
• Bribery, Corruption, Money Laundering, Terrorist Financing
• PI Requirements
• Risk, Liability & Insurance

Question 439

RICS London HQ Address?

Answer 439

12 Great George St on Parliament Square
SW1P 3AD

Question 440

Name four professional groups within RICS?

Answer 440

1. QS
2. Building Surveyors
3. Dispute Resolution
4. Project Managers

Question 441

How often do Professional Members have to undertake the Ethics and Professionalism Module?

Answer 441

3 years