APC mock feedback topics

Question 1

In appointment docs for consultants how is termination handeled?

Answer 1

Client: They may termiante a consultant ot suspend the performance of services any time after 7 days upon written notice to the consultant

Consultant: If client is in material breach of the appointment, and fails to remebedy within 14 days notice from the consultant specifying the issue - the consutlant can termiante the appointment via written notice.

Question 2

If a consultant is suspended when can a party terminate the engagement?

Answer 2

If a suspension continues for more than three months, either party may terminate the Consultant’s engagement.

Question 3

Termination of the Consultant’s engagement is permitted in what circumstances?

Answer 3

• unilaterally by the Client on 14 days’ notice to the Consultant
• by either party if the other is in material breach of its obligations under the Appointment and fails
to remedy that breach within seven days of being asked to do so
• by either party if the other becomes Insolvent under sections 123 or 268 of the Insolvency Act 1986
or
• by either party if the Client orders a suspension of the Services and the suspension continues for
more than three months.

Question 4

Upon suspension of a party are any payments returned?

Answer 4

The client must pay fair and resonable amount for completed fee up to the dat os suspension.
The client must pay reasonable costs/expenses (except those for a breach of care).

The consultant must hand over any completed project works.

Question 5

What is assignment?

Answer 5

An assignment is the transfer of the benefit of a party’s contractual rights. It does not transfer a party’s obligations.

I.e. A Main Contractor will transfer the benefit (payment) to a subcontractor, but the obligations of the original contract are still with the Main Contractor.

Question 6

What are partnering agreements.

Answer 6

A partnership agreement is a contract between all parties involved in starting a partnership structured business. The contract covers the rights & responsibilities of each partner.Partnering is a broad term used to describe a collaborative management approach that encourages openness and trust between parties to a contract.

Often used on large, long term, high risk contracts.

Question 7

What is a framework agreement?

Answer 7

• An agreement with suppliers
• Instead of negociating new contracts every time, an agreement is set up that defines:
  1) Prices
  2) Programmes / time scales
  3) quality standards

Therefore when a new project is found - procurement can begin immediately instead of negociating from scratch.
It’s like having a go-to team ready whenever you need them to build something.

Question 8

What is partnering

Answer 8

By working together closely and sharing responsibilities, construction partnering agreements help projects run smoother and often result in better outcomes for everyone involved.

Team Formation: First, the project owner (like a company or government) teams up with the main contractor and maybe some key subcontractors or suppliers. They all sit down together and decide to work closely as a team.

Shared Goals: Next, they agree on the goals of the project. This includes things like timelines, budgets, and quality standards. Everyone commits to these goals together.

Open Communication: Communication is key! They make sure to keep each other in the loop about everything related to the project. If there are any issues or changes, they talk about it openly and work together to find solutions.

Risk Sharing: Instead of one party taking all the risk, everyone shares it. That means if something goes wrong, they all work together to fix it, instead of pointing fingers.

Continuous Improvement: Throughout the project, they keep looking for ways to do things better. Maybe they find a more efficient way to lay bricks or a way to save money without cutting corners. They’re always striving to improve.

Question 9

Can you give (or list) some examples of the approved doucments?

Answer 9

Approved document A - Structure
Approved document B - Fire Safety
Approved document C - Site preperation and resistance to moisture
Approved document D - Toxic substances
Approved document E - Resitance to the passage of sound
Approved document F - Ventillation
Approved document G - Sanitation, Hot Water, Water Effeciency
Approved document H - Combustion APlliances and Fuel Storage
Approved document K - Protection from falling, collision and impact
Approved document L - Conservation of fuel and Power
Approved document M - Access to and use of buildings
Approved document N - Glazing
Approved document P Electrical Safety - Dwellings

Question 10

How do you assess a EOT claim?

Answer 10

1) Review the contract terms - i.e. JCT contracts define what is a relevant event.
2) Identify the Relevant Event - ensure it’s a defined event
3) Check for causation - review records, correspondance & evidence that supports the claim.
4) Ensure parties were notfied (as soon as resonanbly practical) and in line with notification procedures
6) Obtain agreement on acceptance/rejection of EOT (or dispute resolution if it all goes down hill).
The CA typically has 12 weeks to review the EOT docs after acknowledging them.

Question 11

How would you go about setting a strategic programme?

Answer 11

1) Define project objectives
2) Divide project into phases
3) Establish as critical path
4) Establish durations
5) allocate resources
7) Set milestones
8) Communciate and review with team
9) Monitor and update programme regularly

Question 12

Some key differences bettwen NEC and JCT?

Answer 12

NEC collaborative procurment style (I.e. framework agreements)
JCT traditional procurement style

NEC - Programme is a contract document
JCT - programme is not a contract document

NEC - emphasize collaborative disbute resolution
JCT - includes provisions for dispute resolutions: mediation, adjudication, arbitration, or litigation.

NEC - more equal risk allocation
JCT - most placed on contractor (associated with design, construction, and site conditions.)

NEC Administered by PM
JCT administered by CA / EA

Question 13

What are the steps in an adjudication process?

Answer 13

1) Notice of adjudication - One party issues aformal Notice of Adjudication to the other party.
2) Appointment - an agreed neutral third party. Review process begins
3) Exchange of information - typically 7 days for both parties (depending on complexity)
4) Adjudicator hearing - both parties present thier case.
5) Adjudicators give a decision after 28 days - can then be extended by 14 days
Adjudicators decision is legally binding
Adjudicators may be predefined in Section 9 of the JCT contract.
(Section 9: Settlement of disputes, Mediation, Adjudication)

Question 14

What are the steps in a mediation process?

Answer 14

Cases usually settle within 4 weeks.
Not usually legally binding unless legal documents drawn up.

1) Initiation - both parties agree to participate voluntarily
2) Appointment - an agreed neutral mediator. Review process begins
3) Preparation of information - pre discussions, exchange relevant info.
4) Mediation hearing - both parties present their case.
5) Facilitated negotiations - The mediator facilitates open and constructive communication between the parties
6) Negotiation and agreement - both parties work to agree a resolution based on mediators
7) Documentation - Once an agreement is reached, the terms are documented in a written agreement signed by both parties. This agreement is legally binding and serves as a formal resolution of the construction conflict.

Mediators may be predefined in Section 9 of the JCT contract.
(Section 9: Settlement of disputes, Mediation, Adjudication)

Question 15

What is contained within the Conflict Avoidance and Dispute Resolution Guidance Note

Answer 15

It outlines the following:
1) Minimum level of service:
2) Conflict avoidance processes: Good management, Clear docs, record keeping, good payment practices
3) 3 pillars of dispute resolution
4) ADR - anything other than litigation
5) Standard contracts
6) Dispute escalation clauses -
7) Claim evaluations, I.e.
-Time (delay, extensions of time and liquidated damages)
- Money (changes of the scope of works, disruption, prolongation etc) and Quality (predominately defects)

Question 16

What are types of pile foundations

Answer 16

• Precast: driven into the ground with impact hammers (end bearing)
• Precast - drilled then concrete poured (end bearing)
• Screw piles - screwed into place
• Sheet piles - basements, excavations
• Contiguous bored piles - a retaining wall consisting of concrete bored piles

Question 17

How do you set up an RICS regulated firm?

Answer 17

1) Understand RICS rules of Conduct, RICS Professional Statement and relevant guidance and codes of practice
2) ID business structure and register with the appropriate regulatory authorities
3) Ensure at least one principal or director (minimum 25% of top brass) is a member of the RICS.

Question 18

When is a firm required to register with the RICS?

Answer 18

• When a firm provides surveying services to the public
• The firm must operate in Regulated Area A (the UK)
• at lease 50% of the firms principals are RICS members

Question 19

When is a firm eligible to register with the RICS?

Answer 19

a) the Firm provides surveying services to the public and
b) at least 25% of the Firm’s Principals are RICS Members

Question 20

What is the procedure for registration with the RICS?

Answer 20

a) provide information to RICS in such form as prescribed by the Standards and Regulation Board

b) agree that RICS may share relevant information about the Firm with government or other regulatory bodies as appropriate and

c) agree that if RICS declines to register the Firm, RICS may publish its decision.

Question 21

What are the obligations of RICS registration

Answer 21

Rules, Laws, Money

1) Comply with the rules of conduct
2) Act in accordance with RICS charter and bye laws
3) Pay annual fees

Question 22

What voltage are tools?

Answer 22

110V (Note main eletricity is 230V)

Question 23

What is the process for agreeing a valuation?

Answer 23

JCT contract section 4 - payment

1st – contractor submits application for payment

2-8th day – QS undertakes valuation

8th day – due date for CA to receive valuation (7 days after)

13th day (5 days after) – I issue payment certificate as the CA

17th day (8 days after) – client issues pay less notice if applicable (5 days before the due date).

22nd final date for payment (14 days after due date of valuation cert). JCT contract states 14 day time period between due date and final date for payment

However this is often amended to 21 or 28 days for some clients

Question 24

What is the base date in a contract?

Answer 24

The “base date” is a crucial reference point that establishes various aspects of the contract, including:
1) the commencement of the contract,
2) the calculation of time periods,
3) the determination of rates and prices,
4) the impact of change
5) Documentation and records - key reference point for maintaining accurate records, correspondence, and documentation related to the contract.

Question 25

Can you describe what the following terms mean?

1) Shell and core
2) Category A
3) Category B

Answer 25

Shell and core refers to the basic structure and external envelope of a building, including the main structural elements, exterior walls, roof, and common areas such as lobbies, stairwells, and elevators. Does not include M&E, finishes, partitions. Basic unfinished

Category A refers to the basic level of fit-out provided by a landlord or developer within a building’s interior spaces. It includes the installation of basic finishes, fixtures, and M&E services. Typically includes items such as raised floors, suspended ceilings, basic lighting, heating, ventilation, and air conditioning (HVAC) systems, fire detection and alarm systems, and basic sanitary facilities. Category A fit-out is intended to provide a neutral and flexible base for tenants to build upon and customize according to their specific needs and preferences.

Category B refers to the tenant-specific fit-out and customization of interior spaces within a building. It includes the design and installation of interior partitions, finishes, fixtures, and fittings to meet the specific requirements and preferences of the tenant. Category B fit-out may include items such as partition walls, floor finishes, ceiling finishes, lighting, power and data outlets, IT infrastructure, furniture, and signage, tailored to the tenant’s layout, branding, and operational needs.

Question 26

What is a Special Purpose Vehical (SPV)?

Answer 26

a Special Purpose Vehicle (SPV) in finance is like a separate box or container set up by a company for a specific job. It’s not part of the company itself, but it’s created to handle certain tasks or projects.

SPVs are used for different reasons, like raising money for a specific project, keeping risky assets separate to protect the company, or making complex financial deals. They’re like tools that companies use to organize their finances in a smart and efficient way.

Question 27

How would you ensure the Employers Requirements are captured in the brief?

Answer 27

1) Discuss with the client
2) Review documentation (businees structure docs, potential site information).
3) Engage with stakeholders
4) Workshop and interviews to gain in depth knowledge
5) Develop a brief
6) Client Review and Approval
7) Set document control process to manage revisions
8) Continuous Communication and Review:

Question 28

What are the stages in obtaining planning permission?

Answer 28

1) Pre-Application Stage: Engage with local planning authority for pre app advice.
2) Site assessment and Design: Conduct a through assessment of the site
3) Preperation of application: Prepare a comprehensive planning application package, including completed application forms, site location plans, existing and proposed site drawings, design and access statements, environmental assessments
4) Submission to local planning authority (and pay any fees)
5) Public consultation: The planning officer will assess the planning application against relevant planning policies, statutory requirements, and local development plans
6 Decision and appeal: The LPA will make a decision on the planning application within a specified timeframe, usually within eight weeks for most applications (or 13 weeks for major developments). The decision may be approval, approval with conditions, refusal, or deferral for further information.

Question 29

If a client was prepared to pay in advance for your services, how would you do this

Answer 29

Set up separate client account, clearly identifying persons name

Send them a statement of account

Agree bankking terms of conditions interest rates, handling costs

Prior to drawing money, send a statement of amount to be withdrawn and amount to withdrawn from it

Once complete share final statement ensuring everything is complete and transparent

Send professional note

Question 30

What is a project audit?

Answer 30

Internal review of project processes and controls

Something you could do mid way through – is there anything else we should be doing to achieve our objective

Any lessons learnt – should be completed at the end of the job – part of professional competence

Question 31

What is ISO 9001

Answer 31

International standard for quality control
Demonstrate consistently being able to meet client requirements

Question 32

Difference between corporate and project financing –

Answer 32

Corporate financing involves raising funds for a company as a whole, rather than for a specific project or asset.

Project financing, on the other hand, is specifically used to fund a particular project or investment initiative, such as a construction project, infrastructure development, or large-scale capital project.

Question 33

What are common contract documents?

Answer 33

The Contract (with any amendments)
Preliminaries
Contract sum analysis/Pricing Schedule
Drawings
Specification
Planning conditions/agreements
Contractors Proposals

Question 34

What should you consider when selecting the contract?

Answer 34

The criteria of the client
The procurement method you are going to use
Nature of the works
Timings, are the works required to start quickly or do you have time to produce robust set of docs

Question 35

What insurances are required for RICS firms

Answer 35

Insurance must be adequate and appropriate for services undertaken:

• Each and every claim
• Minimum level of indemnity as RICS guidance (100,000 turnover table)
• Maximum level of uninsured excess
• Fully retroactive and must cover past and present employees
• Underwritten by a listed insurer
• Fire safety exclusions (from 1 May 2021 any exclusion will not apply to professional work relating to buildings four storeys or under).

Question 36

What measures do you take to avoid professional indemnity insurance claims?

Answer 36

• Keep full and detailed records of meetings, conversations etc.
• Record recommendations and advice given.
• Use proper letters of engagement, appointment contracts and follow the scope of service.
• Avoid providing advice on specialisms outside my field of experience/knowledge.
• Follow RICS guidance and professional statements.
• Avoid excessive workloads.
• Follow RICS Rules of Conduct.
• Follow company procedures and policy.

Question 37

Please can you list the core professional obligations for members and firms detailed in Rules of Conduct - Appendix A.

Answer 37

The following professional obligations to RICS are mandatory for RICS members:
Members must comply with the CPD requirements set by RICS.
Members must cooperate with RICS.
Members must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.

The following obligations are mandatory for RICS-regulated firms:
Firms must publish a complaints-handling procedure, which includes an alternative dispute resolution provider approved by RICS and maintain a complaints log.
Firms must ensure that all previous and current professional work is covered by adequate and appropriate professional indemnity cover that meets the standards approved by RICS.
Firms with a sole principal must make appropriate arrangements for their professional work to continue in the event of their incapacity, death, absence from or inability to work.
Firms must cooperate with RICS.
Firms must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.
Firms must display on their business literature, in accordance with RICS’ published policy on designations, a designation to denote that they are regulated by RICS.
Firms must report to RICS any matter that they are required to report under the Rules for the Registration of Firms.

Question 38

Can you talk me through how contingency can be used as a risk management tool and a time you have done this on your project?

Answer 38

I built in contigency into my fee forcast for 20RM to extend base build monitoring up to 4 months past the original PC date. Only 2 were used.

Question 39

What goes into a cost report?

Answer 39

Project overview: summary of the project, including its objectives, scope, location, and key stakeholders.

Cost Breakdown Structure (CBS): project costs into various categories and subcategories for easy analysis and comparison. Common categories include labor, materials, subcontractors, overheads, contingencies, and fees.

Direct Costs: Often work packages or costs directly attributable to the construction activities and typically include labor, materials, equipment, and subcontractor costs.

Indirect Costs: Indirect costs, also known as overhead costs, are expenses incurred to support the construction activities but cannot be directly attributed to a specific work package. Examples include project management, site supervision, temporary facilities, and general administrative expenses.

Contigency allowances: allowance is included in the cost report to account for unforeseen events or changes in the project scope that may impact costs.

Cost Estimates and Budgets: The cost report may include detailed cost estimates and budgets for various phases of the project, such as pre-construction, construction, and post-construction phases.

Cash Flow Forecast and Risk Management

Question 40

Can you name any tools that can assist in developing a Project or Client Brief?

Answer 40

SWOT and PESTLE analysis

BIM can be used to help develop the design element also.

Question 41

Can you explain the purpose of a project brief and any elements that form part of it?

Answer 41

Fundamentally, the client brief breaks down Time,Cost,Quality,Risk.
1) Project objectives

2) Employers requirements - specific needs and expecations (This may include functional requirements, aesthetic preferences, budgetary constraints, sustainability goals, and any other criteria that are important to the client).

3) Project Scope and Exclusions: Prevents against scope creep

4) Site information and constriants: Legal, physical, environmental

5) Programme and milestones

6) Budget and fianance

7) Comms and reporting

Question 42

When would you typically freeze a project brief?

Answer 42

RIBA 2 - the main project brief is frozen and the architectural concept design progresses.

Question 43

You mention you used a cause and delay analysis when determining the validity of the EOT claim - can you talk me through this process and how it helped you determine the claims validity?

Answer 43

1) Review the contract documents. Establish the contractual obligations.
2) Evaluate delay events: Analysing the cause, assess impacts to the programme, review if this a relevant event.
3) Review documentation: i.e. progress reports, minutesm change orders
4) Critical path analysis (to determine impact to the ciritical path).
5) Causation Analysis: Assess if the delays were within the contractors contol
6) Assess mitigation measueres to mitigate the impact of the delay (were they proactive in mitigating i.e. reallocating resources).

Question 44

How would you analyise a claim for Loss and Expense?

Answer 44

1) Review the contract documents. Establish the contractual obligations.
2) Evaluate loss and expense events: Analysing the cause, assess impacts to the programme, review if this a relevant matter.
3) Review documentation evidence: i.e. progress reports, minutes, change orders
4) Quantify loss: calculating additional costs incurred, such as labor, materials, plant, subcontractor costs, overheads, prolongation costs, and any other direct or indirect costs attributable to the events in question.
5) Mitigation and Causation Analysis: Assess if the delays were within the contractors contol
6) Assess mitigation measueres to mitigate the impact of the delay (were they proactive in mitigating i.e. reallocating resources).

Question 45

What sort of things would you do to determine the financial stability of a supplier or contractor?

Answer 45

You may comisison or review prior company audits

1) Review Financial Statements: Obtain and review the supplier’s or contractor’s financial statements, including balance sheets, income statements, and cash flow statements.

2) Review Credit History and Payment Practices: Obtain credit reports and assess the supplier’s or contractor’s credit history, including payment patterns and creditworthiness.

3) Evaluate Business Relationships and References: Investigate the supplier’s or contractor’s business relationships with clients, subcontractors, and suppliers.

4) Assess Financial Ratios: These ratios may include liquidity ratios (e.g., current ratio, quick ratio), profitability ratios (e.g., net profit margin, return on assets), leverage ratios (e.g., debt-to-equity ratio), and efficiency ratios (e.g., asset turnover ratio). Compare the ratios to industry averages to gauge relative performance.

Question 46

You mention the importance of a business recording its financial position - can you explain what a business must submit annually?

Answer 46

Annual accounts - The annual accounts typically include the balance sheet, profit and loss statement (income statement), cash flow statement, notes to the accounts, and director’s report.

Tax and VAT returns - Businesses are required to file annual tax returns with HM Revenue & Customs (HMRC) to report their taxable income, expenses, and other relevant financial information.

Question 47

You note your W&C project had sectional completion - can you talk me through what happens on a sectional completion?

Answer 47

• Half of retention is released
• The rectification period begins
• The Client takes occupation of the site, and assumes responsibility for the site
• The Client looses tha ability to claim liquidated damages

Question 48

Can you explain a time you have improved team performance?

Answer 48

I established separate meeting series to review change after the topic began to derail desing team meetings.

Question 49

What would be the main items to include within a PEP?

Answer 49

Some examples include:

1) Programme
2) Design information
3) Protocols including change and communciation
4) H&S plan
5) Risk management plan
6) Procurement plan
7) Stakeholder engagement plan

Question 50

What are some of the key things to include in a business plan?

Answer 50

They typically include an
- executive summary,
- company overview,
- market analysis, product or service description,
- marketing and sales strategy,
- management team and structure, financial projections, and funding requirements.

Question 51

You have mentioned that your firm is an LLP do you know any other forms of business vehicle?

Answer 51

Sole Proprietorship
Partnership
Limited Liability Company (LLC)
Corporation: A corporation is a separate legal entity owned by shareholders.
Nonprofit Organization

Question 52

What is a Business Plan?

Answer 52

A business plan is a written document that outlines a company’s goals, strategies, and tactics for achieving those goals. It provides a roadmap for how a business will operate and grow over time.
Generally these are over a five year period.

Question 53

You mention site visits - how long do you need to keep records of site visits?

Answer 53

(6-12 years)

Question 54

What would you do on your project if you were not satisfied with the onsite works?

Answer 54

Communicate concerns
Request remidial action
Enforce Contractual Obligations - Pay less notices
Monitor Progress

Question 55

What is included in the 2024 Building Regulation Legislation Update?

Answer 55

• Reviews following the Grenfell Tragedy
• Greater responsibilities for Building Regulation compliance on the dutyholders
• New process mirrors principals of the CDM Regulations
• Enforced for all Higher-Risk Buildings (HRBs)
• HRBs = 7 or more stories / buildings with a FFL of above 18m and contain two or more residential units
• Also Hospitals or care homes over seven stories or over 18m
• Changes “approved inspectors” to “registered building control approvers”

Question 56

Duties of a client under Building Control

Answer 56

Client - any person for whom a project is carried out, must:
• Ensure suitable arrangements are made for planning, managing and monitoring the works for compliance with the new Building Regulations.
• Ensure these provisions are maintained throughout the project.
• Must take reasonable steps to ensure any designers or contractors appointed are competent to carry out thier works.
• Give a minimum of two days notice to the approved inspector for works starting.

Question 57

Duties of a Designer under Building Control

Answer 57

Duties of a Designer under Building Control
• Plan, manage, and monitor design work to ensure it complies with Building
Regulations if built accordingly
• Collaborate with the client, other designers, and contractors to ensure compliance with Building Regulations
• Only begin design work if the client understands their responsibilities
• Ensure that the design complies with Building Regulations
• Provide adequate information about the design, construction, and maintenance to enable compliance
• If working on a portion of the design, consider other design work and report
compliance concerns to the Principal Designer
• Advise the Principal Designer or the Client if the work they’re designing is
considered Higher-Risk building work.

Question 58

Duties of a Principal Designer under Building Control

Answer 58

• Plan, manage, and oversee design work during the design phase
• Coordinate design-related matters to ensure that if construction follows the designs, and it complies with Building Regulations
• Ensure all Dutyholders collaborate with each other
• Ensure designers align their designs so that construction following these designs meets Building Regulations
• Ensure designers fulfill their duties
• Communicate and collaborate with the Principal Contractor
• Consider input from the Principal Contractor regarding compliance with Building Regulations
• Assist the client in providing information to designers
• Review the arrangements made by any previous Principal Designer.

Question 59

Duties of a Principal Contractor under Building Control

Answer 59

• Plan, manage, and oversee building work during the construction phase
• Coordinate matters related to building work to ensure compliance with Building Regulations
• Ensure all Dutyholders collaborate with one another
• Coordinate all building work to ensure it adheres to Building Regulations
• Ensure contractors fulfil their duties
• Communicate and collaborate with the Principal Designer
• Take into account comments from the Principal Designer regarding compliance with Building Regulations
• Assist the client in providing information to contractors
• Review the arrangements made by any previous Principal Contractor.

Question 60

What is the difference between a Principal Designer (PD) for Building control vs a PD for CDM?

Answer 60

CDM PD = Predominantly focus on H&S
Building Control PD = Focus on legal and technical requirements

Both coordinate, manage and monitor the works in respective ways.

Question 61

Define the Golden Thread

Answer 61

The Golden Thread is both the information that allows you to understand a building and the steps needed to keep both the building and people safe, now and in the future.

The Golden Thread will hold the information that those responsible for the building require to show that the building was compliant with applicable Building Regulations during its construction
and provide evidence of meeting the requirements of the new Building Control route throughout the design.

Question 62

What is an accountable person (in relation to Building Control) ?

Answer 62

The reformed Building Safety Act 2022 defines the ‘Accountable Person’ as: ‘The dutyholder during a building’s occupation.’ In most cases this will be the freeholder or head lessee or a management company.

It suggests that; ‘The Accountable Person will be legally responsible for ensuring that they understand fire and structural risks in their buildings and to take appropriate steps and actions to mitigate and manage these fire and structural risks on an ongoing basis so the building can be
safely occupied.

Question 63

What are the 5 principals of better regulation?

Answer 63

1. PROPORTIONALITY
   · Regulators should intervene when necessary and remedies should be appropriate to risks
   posed.
2. ACCOUNTABILITY
   · Regulators must be able to justify their decisions to prove complete fairness.
3. CONSISTENCY
   · New regulations should take into account of existing or proposed regulations.
   · Regulators must adopt a fair and consistent common sense approach.
4. TARGETING
   · Guidance and support must be adapted to the needs of different groups.
   · Regulations should be systematically reviewed and updated when necessary.
5. TRANSPARENCY
   · Regulators should be open and honest.
   · Regulations should be simple and clearly defined.
   · Regulations should be issued in a reasonable timescale before they take effect.
   · Those being regulated should be made aware of their obligations.

Question 64

Please detail some of the key responsibilities of the contract administrator under a JCT contract?

Answer 64

The contract administrator is responsible for administering the terms of the building contract between the contracting parties. Responsibilities include, but not limited to:

Determining extension of time claims.
Determining loss and expense claims.
Issuing practical completion statements.
Issuing instructions to overcome discrepancies and/or changes to the scope of works.
Issuing instructions to expend provisional sums.
Certifying interim payments to the contractor.
Administrating change control procedures.
Collating and issuing schedules of detects.
Issuing the certificate of making good defects.
Notifying partial possession.
Certifying section completion.
Certifying non-completion.

Question 65

Do you know how the employer’s agent role differs from the contract administrator role?

Answer 65

Contract Administrator - This is a party who is specifically identified within the contract and is solely responsible for administering the contract for the employer. It is an impartial role and only exists at the point the contract is entered into, i.e. when a contract exists.

Employer’s Agent - This is a party who is identified within the contract and who acts on behalf of the employer in all matters, effectively as if the employer’s agent was the employer. When carrying out certification and decision-making functions under the contract, the employer’s agent should act impartially.

Question 66

How do you certify sectional completion

Answer 66

To release a Practical Completion Certificate, you typically need approvals from the project architect, building control, and any relevant subcontractors. As the contract administrator:
- PC Cert
- O&M
- List of defects
- Comissioning certs
- Building control sign off
- Letters of reliance
- Health and safety file,
- Training doucmentation,
- Contractor confirmation works are complete
- Confirmation all planning conditions are discharged

Question 67

What is a relevant event?

Answer 67

A relevant event may be caused by the client, or may be a neutral event such as exceptionally adverse weather. The contract should set out what constitutes a relevant event.

13 TOTAL: Relevant events may include:

Variations.
Exceptionally adverse weather.
Civil commotion or terrorism.
Failure to provide information
Delay on the part of a nominated sub-contractor.
Statutory undertaker’s work.
Delay in giving the contractor possession of the site.
Force majeure (events that are beyond the reasonable control of a party, such as a war or an epidemic).
Loss from a specified peril such as flood.
The supply of materials and goods by the client.
National strikes.
Changes in statutory requirements.
Delays in receiving permissions that the contractor has taken reasonable steps to avoid.

Question 68

How would you ensure data is saved to ensure GDPR compliance

Answer 68

Information is to be:
o used fairly, lawfully and transparently
o used for specified, explicit purposes
o used in a way that is adequate, relevant and limited to only what is necessary
o accurate and, where necessary, kept up to date
o kept for no longer than is necessary
o handled in a way that ensures appropriate security, including protection against
unlawful or unauthorised processing, access, loss, destruction or damage

Question 69

Describe single stage tendering

Answer 69

Invitation to tender docs issued by QS/PM
All contractors invited to bid based on completed design

Usually done at RIBA 4

Must submit in pre determined point of time
Then assessed by design team
Then 1 contractor appointed

Question 70

Describe two stage tendering

Answer 70

Used when time constrained as used when design and tendering overlap
Useful to obtain technical contractor input at late design stages
Can be used to obtain early appointment on contractor

1st stage initiation to contractors RIBA 2-3
While then full bid, preffered is based on quality of bid, team and OH&P
Then contractor joins team on consultantcy basis under PCSA
Develops design with consultants then submits a bid on the works at this stage

Question 71

Describe negociated tendering

Answer 71

Single stage with single contractor who returns with an initial prices.
Price then negotiated between contractor and QS

Benefits
Speed at which price achieve

Cons
Competitive advantage compromised
Some government bodies dont allow this route
Except in exceptional circumstances as it is difficult to prove that value for money in the current market has been achieved.

Question 72

What is included in you PM scope of series

Answer 72

Monitor and manage the project, project team and programme. Administer the contract.

1) Establish & Attend meetings and record outcomes. Project procedures and protocols. Draft the PEP. Review and recommend payments. Create and monitor programme. Manage change control. Prepare and maintatin project risk register.
2) Coordinate the project brief and design
3) Manage planning and consents
4) Manage and lead the procurement process
5) Monitor construction / administer the building contract.
6) Provide advise on financial issues e.g implications of developing different sites/programmes
7) Advise on contract matters (EOTs)

Question 73

What are the main procurement routes?

Answer 73

Design and Build, Traditional, Construction Management and Management Contracting

Paterning, Framework agreements

Question 74

What documents are requested in an invitation to tender

Answer 74

1) Instructions to Tenderers: Detailed instructions outlining the tendering process, including how to submit bids, deadlines, format requirements, and any specific rules or conditions that must be followed.
2) Tender Response Form: A standardized form for tenderers to complete and submit their bids, including basic information such as company name, contact details, and proposed pricing.
3) Scope of Work: A document outlining the project scope, objectives, requirements, and deliverables.
4) Terms and Conditions: Legal and contractual terms governing the tender process, including payment terms, warranties, liabilities, insurance requirements, intellectual property rights, and any other terms and conditions that will apply to the contract.
5) Evaluation Criteria: Criteria used to evaluate and compare tender submissions, such as price, technical qualifications, experience, quality, compliance with specifications, and any other factors deemed relevant to the project.
6) Form of Contract: A draft contract or agreement outlining the terms and conditions of the contract to be awarded, including rights, obligations, responsibilities, and other contractual provisions.
7) Confidentiality Agreement: If necessary, a confidentiality agreement or non-disclosure agreement (NDA) to protect sensitive information shared during the tender process.

Question 75

What is included in a cost plan?

Answer 75

1) Breakdown (often by package/category)
2) Cost analysis: analysis of the estimated costs associated with each element and cost item, including labor, materials, plant and equipment, subcontractor costs, overheads, profit margins, and any other relevant expenses.
3) Quantity take off: measurement of the quantities of materials, labor, and resources required to complete each element of the project.
4) Unit Rates and Pricing: The cost plan may provide unit rates or pricing information for different construction activities or components, allowing stakeholders to compare costs, identify cost drivers, and assess the reasonableness of the estimates.
5) Contigency Allowances
6) Cost summary and total project cost

Question 76

What is acceleration

Answer 76

• Increase of useful working hours/labour
• Used to bring back or complete PC earlier
• Can be instigated by contractor or employer

Contractor can change
- Methods of working
- Increase labor
- Resequence programme

Employer may be able to
- Change specification
- Change the design
- Change to work scope

Question 77

What are the risks of acceleration

Answer 77

May or may not Increase in work progress, may impacts quality

Employer may want warranty for acceleration - may be at a premium

Question 78

What is the difference between a Cost Plan and Cost Report?

Answer 78

Cost Plan = Pre Construction

Cost Report = Construction