BH SoE Q's Flashcards
How would you assess change/a variation?
For JCT and NEC
Pricing schedule
Contractor quote
Dayworks
First Principle
How would you prepare a cashflow?
if the contract includes staged payments then it is straightforward
If interim valuation:
- based on forecast of the completion of activities and the cost associated with these
What are the pros and cons of a concrete frame?
Pros:
The price and availability are less volatile than steel
Concrete provides sound and heat insulation
Does not require fire proofing
It can be used to form complex geometry
Cons
Bigger foundations - heavier building
Takes longer, weather and temperature can cause delays
What are the pros and cons of steel construction?
Pros
- quick construction
- doesn’t warp
- long lasting
Cons
- needs fire protection
- volatile price and supply
Types of piles
- Bored
- CFA - Sheet
- Secant
- Driven
Hand Laid Brick Build up
Brick, wall ties, cavity, insulation board, weather board, metal studs with mineral wool between them vapour control layer, two layers of plasterboard
Buildup Brick Slip Panel
Facing brickslip on tray/rail fixed onto brack system that is fixed back to sheathing board
50mm cavity
Cavity insulation
Metal stud wall with mineral wool insulation between studs
vapour control layour
2 layers plasterboard
Pros & Cons of Brickslip
Pros
quick and easy to install
lighter - less substructure
durable and fire resistant
many aesthetic options to suit architect
little maintenance required
Cons
more vulnerable to damage - thin
no structural bearing
overtime may required re-pointing with new mortar
Can you name some typical amendments you may find on a contract:
clause to amend final date for payment
What are the normal payment dates for JCT?
The due date is pivotal
- Interim valuation date is 7 days before due date
- Payment Certificate must be issued within 5 days of due date
- final date for payment is 14 days from due date (21 from interim val date)
- pay less notice 5 days before final date for payment
Pros and Cons of Traditional procurement route?
Pros
- Design Control
- Well known route
- Cost Certainty
Cons
- Lengthy, sequential process
- No main contractor input for buildability advice
What are the pros and cons of D&B?
Pros
- Single point of responsibility
- Overlap of design and build so time saving
- Buildability input from contractor
Cons
- Less design control
- Harder to compare tenders
- Less focus on quality
- Changes costly post contract
What is the difference between Construction Management and Management Contracting?
CM involves there being a contractual relationship between the employer and sub-contractor, where as with MC it is through the main contractor.
Pros and cons of a two stage tender?
Pros
Buildability advice
Maintains competitiveness in first stage
Less risk priced into scheme at second stage as contractor knows scheme and has been involved in design
Cons
Lack of competition during the second stage
2 tender periods makes it a more lengthy process
No cost certainty until second stage contract signed
Pros and cons of a negotiated tender?
Pros
- Programme Saving
Cons
- No competition
What would you include in a tender report?
Exec summary and recommendation
Background of tender process
Scope of works
Pre-qual process
Evaluation Criteria
Equalisation and comparison to PTE
Any relevant correspondence/negotiation
Any outstanding package/contract risks
What would you include in a Cost Report?
Exec summary
Contract sum
Agreed Variations
Outstanding Variations
Risks and contingency balance
Cashflow forecast
Drawdown
What are some differences between NRM and IPMS?
GEA - IPMS 1 - balconies included in IMPS but not GEA
GIA - IPMS 2 - includes the internal dominant face which is 50% of the SA for each vertical section
NIA - IPMS 3
What are the components of the external works in NRM?
Site preparation works
Roads, paths, pavings and surfacings
Soft landscaping, planting & irrigation systems
Fencing, railings & walls
External fixtures
External drainage
External services
Minor building works and ancillary buildings
What are the timescales for the final account in the JCT and NEC?
JCT SBC
The contractor must provide all necessary information for final account within 6 months of PC.
The CA/QS then issues the final account within 3 months of this.
Final date for payment is 28 days from due date.
JCT D&B
Contractor will provide client with their final statement 3 months after PC.
NEC
Essentially a rolling final account and agreed when all CE’s are agreed
What are some examples of relevant matters which can result in a loss and expense claim?
Failure to give contractor possession of site
Failure to give contractor access to site
Delay in issuing instructions
Discrepancies in contract docs
Disruption caused by works being carried out by client
Failure of client to supply goods or materials
Instructions relating to variations and expenditure of prov sums
Issues relating to CDM
What is the TPI?
Tender price index - measure of movement in prices between clients and contractors when tender is accepted
Typically used for adjusting estimates and budgets to different dates
Available on BCIS
When can the JCT minor works be used?
Typically non-complex works less than £500,000 in value.
What are the building regulations?
Part A: Structure
Part B: Fire safety
Part C: Site preparation and resistance to contaminants and moisture
Part D: Toxic substances
Part E: Resistance to the passage of sound
Part F: Ventilation
Part G: Sanitation, hot water safety and water efficiency
Part H: Drainage and waste disposal
Part J: Heat producing appliances and Fuel storage system
Part K: Protection from falling, collision and impact
Part L: Conservation of fuel and power
Part M: Access to and use of buildings
Part N: Glazing - Safety in relation to impact, opening and cleaning
Part O: Overheating
Part P: Electrical safety
Part Q: Security - Dwellings
What would you find in a construction phase plan?
Project information
Project Team member details
Key dates and phases
Site Rules
Welfare
Induction details
Fire and emergency arrangements
H&S arrangements
High risk tasks e.g. ACM, high voltage power lines, hazardous substance
Name some dispute Resolution Techniques
Negotiation - low cost, quick, non-binding, non-adversial
Mediation - Formal, neutral third party, can be binding
Expert determination - Not possible to appeal, binding
Adjudication - JCT standard, introduced in the construction act 1996, can only be overturned by arbritration or litigation, binding and enforceable by technology and construction court
Arbitration - more formal and costly, binding through courts
Litigation - lengthy, costly, not confidential
What is the standard JCT timeline for adjudication?
Party issue a notice of dispute - adjudicator appointed in 7 days - then has 28 days to issue decision, can be extended to 42 days if both parties agree.
What is contained in a consultant appointment document?
Work/scope
Agreed fee and payment terms
Terms of business
Contract amendments
Contact details
What are the main types of ratio analysis used to assess a company?
Liquidity ratios - current ratio, Acid test,
Working capital Ratio - (assets-liabilities/turnover)
Profitability ratios - ROE,
Financial Gearing radios - debt/equity
What is a business plan and what would you expect to find in one?
An overview of the business goals and how these are to be attained.
Vision (strategic)
Objectives and goals
Strategies and actions
Name some key sustainability regulations which impact construction
Building regs - Part J: Heat producing appliances and Fuel storage system
Climate change act 2008 - cut greenhouse emissions compared with 1990 levels by 80% by 2050
Energy performance of buildings regulations 2012 - required EPC for buildings, quantifying energy efficiency - rated A-G
What are the principals/pillars of sustainability?
Social - building healthy communities with sufficient numbers and range of buildings
Economical - strong, responsive, competitive economy with land rights and types
Environmental - protecting and enhancing natural, built and historic environment
What is Passivehaus?
A fabric first approach with the intention of no requirement for space heating through good insulation, air tightness and solar gains.
What is an LLP?
A partnership where members share liability for each others actions. Limited liability partnership
What is included in the Data Protection act 2018?
That information be used lawfully, collected for legitimate purposes. Information is accurate and up to date and kept for no longer than necessary.
Individual rights:
Right to:
be informed
access
rectification
erasure (remove)
restrict processing
data portability
object
automated decision making and profiling
What are the different types of provisional sum?
Defined - time allowance for prelims and programme
Undefined - no allowance for prelims and programme
What are the different types of fitout?
Shall and core - structure, envelope, common areas such as reception, lobby corridor etc
Cat A - Tenants own space fitted out so surface finished, MEP, raised floor suspended ceilings, and blinds completed
Cat B - full fitout including install of all finished, kitchens, IT equipment, furniture
What are S106 and S278 agreements?
Agreements between a developer and a local authority which may commit the developer to contribute to publicly funded institutions such as infrastructure, education, housing, town centre, health. S278 applies specifically to highways.
When is a project notifiable? and how do you notify it?
When construction is scheduled for more than 30 days and/or will have more than 20 workers at any point, - or has more than 500 person days. notified to HSE via online F10
How does an ASHP work?
Pump takes air from outside to heat a liquid refrigerant, the pump compresses liquid to increase temperature, heat then sent to radiators/underfloor heater and remaining hot water stored for showers etc
How does a GSHP work?
By absorbing heat from ground via an array of pipework in the ground or water, compressing and condensing this energy into a higher temperature and transferring this to the buildings heating or hot water system.
What is the Scheme for Construction Contracts?
A scheme for projects which don’t comply with the Housing Grants, Construction and Regeneration Act (Construction Act 1996)
What is a performance bond?
Insures the client against the risk of the contractor not fulfilling obligations, e.g. a contractor becoming insolvent
What are liquidated damages in construction?
Costs which the client claims back from Contractor for any delays which arise as a fault of the contractor
GENUINE PRE ESTIMATE OF LOSS
What are specified perils?
Significant events that can cause significant damage e.g. fires, explosions, earthquakes and flooding.
Stages of the RIBA PoW
0 - stategic definition
1 - preparation and breifing
2 - concept design
3 - Spatial coordination
4 - technical design
5 - manufacturing and construction
6 - handover
7 - use
What are the five rules of conduct?
- Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
- Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
- Members and firms must provide good-quality and diligent service.
- Members and firms must treat others with respect and encourage diversity and inclusion.
- Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.
What does BREEAM stand for and what are its criteria?
Building Research Establishment Environmental Assessment Method
- Energy
- Land Use and Ecology
- Water
- Health and Wellbeing
- Pollution
- Transport
- Materials
- Waste
- Management
What is a smash and grab adjudication?
When a CA/EA/client doesn’t issue a payment cert or a pay less notice and is liable for the full amount of the contractor’s application for payment.
Which external sources are used to gauge steel price fluctuation?
BCIS Material Cost Index, internal market reports,
What are some of the differences between an EA and CA?
EA is used in D&B contracts and CA is in Traditional contracts. EA is usually involved earlier than a CA and helps to prepare documents such as the ER.
CA acts more impartially whereas EA more sides with client
What are some key building metrics?
Wall to floor ratio (internal and external), net to gross ratio, GIA:GEA, site usage %, average unit NIA, glazing ratio,
What risks occur from a separate contractor carrying out the demo works?
Risk of delaying the MC works.
Risk of works not being carried out to an acceptable standard i.e. failing to recognise and remove contaminated material in the ground
What can be done to mitigate the risk of the demo contractor not performing ahead of main contract?
Liquidated damages / Delay Damages
Novating Enabling works contractor into main works contract
Difference between secant wall system and sheet pile wall system?
A secant wall system has alternating reinforced and non reinforced concrete piles, non-reinforced piles are install followed by the reinforced piles to form a watertight basement. Sheet piles are driven into the ground using a hydraulic rig before the basement can be excavated.
How would you manage going out to tender with an incomplete S2 design?
Factor in the risk and include all elements in equalisation process.
How is a CFA pile constructed?
Pile mat installed, piling rig brought on site, hole bored with auger, while auger withdrawn, concrete pumped in, moving soil upwards. Cage then dropped in.
What issue would you experience with a high staff turnover?
- Increased recruitment costs
- Increased training costs
- Inconsistent production/performance
- Poor staff morale
- Reputational damage
- Loss of customers/repeat business
Give me some examples of fee earning v non fee earning staff at your company?
- Fee earning
o Qs
o Architects
o PM - Non fee earning
o Admin staff
o Business Development Managers.
If you chair a meeting, how do you make it effective?
- Set an agenda and keep the meeting on track.
- Prepare for it in advance, have documents, information and visuals ready.
- Be punctual for the meeting.
- Take minutes.
- Give everyone the opportunity to speak and contribute.
- Understand the body language.
What key things do you need to think about before entering a negotiation?
- To what level I’m authorised to negotiate (for example, up to £250k)
- My (and my client’s) red lines.
- Do I have sufficient facts and information.
- The character of the person I’m negotiating with.
- What I want the outcome to be.
- Areas where I’m willing to compromise.
- The structure of the negotiation.
When faced with a challenging negotiation, how do you conduct yourself in a fair and professional manner?
- I always stay objective and enter the negotiation with the mindset of funding a resolution.
- I carry out my work ethically and to the required standards.
- I am always respectful to the other side and endeavor to understand their position.
What is workplace diversity?
Diversity in the workplace means that a company hires a wide range of diverse individuals.
Diversity is often misconceived as solely multicultural matters; however, it also applies to diversity of gender, race, ethnicity, age, sexuality, language, education, background, etc.
How would you go about selecting the right people to join your team?
Firstly, understand the task and identify what skills and experience is required
Review the existing team to understand the skills and experience already available
Select new team members to fill the shortfall; the dynamics of the existing team should be considered to ensure the new people ‘fit’ with the existing team
What is a relevant matter?
The client is responsible for these. They allow loss and expense.
• Failure to give possession of the site
• Delays receiving instructions
• Discrepancies in the contract documents
• Failure to give the contractor access to the site
• Issues relating to CDM
• Instructions relating to variation and expenditure of prov sums.
What are the risks with framework contracts?
They can suppress competition. If you are moderating how you test a market, that instrument by its very nature, is going to have the potential to prevent and stymy competition. …
There are too many of them. …
They lack transparency. …
Evidence of value is weak.
What are the consequences of a non-completion certificate?
JCT
The employer has the right to withhold liquidated damages (A pay less notice is also required)
- Certificate of non-competition is required
- Employer must write to contractor notifying them of the intending to withhold LDs
- Employer to issue pay less notice
NEC
Delay damage amounts are included within the assessments post completion.
What is the procedure for claiming an extension of time?
- As soon as it is reasonable apparent that a delay is or is likely to occur, they should write to the contract administrator to notify them
- This should identify the cause of the delay and if any of the causes are a relevant event and give and indication of the extent of the likely delay
- They should give any other further information requested by the CA
- The CA must notify the contractor in writing of their decision
- Contractor must make all efforts to mitigate the effects of delay
What regulations and codes of practice govern the construction industry’s approach to sustainability?
Are they fit for purpose?
Building regs - Part J: Heat producing appliances and Fuel storage system
Climate change act 2008 - cut greenhouse emissions compared with 1990 levels by 80% by 2050
Energy performance of buildings regulations 2012 - required EPC for buildings, quantifying energy efficiency - rated A-G
What is the difference between a balance sheet and a profit and loss account?
The Balance Sheet reveals the entity’s financial position, whereas the Profit and Loss account discloses the entity’s financial performance.
Can you explain the differences between Conflict avoidance & Dispute resolution
Conflict avoidance is about preventing a dispute and dispute resolution is recognising there is a dispute and trying to resolve it.
What procedures does your company have in place to ensure Data Security?
Locked screen policy, clear desk policy, Data Protection Training
Who are the CDM Duty Holders?
Commercial Client, Designers, Principle Designers, Principal Contractor, Contractor, Workers
How have the rules of conduct for members and firms changed?
the two separate rules have been merged to form one set of rules for both members and firms.
What are the five rules of conduct for members and firms?
- Be honest, at with integrity amd comply with professional obligations
- Maintain Professional Competence and ensure services are carried out by competent individuals
- Provide good quality and diligent service
- treat other with respect and promote diversity
- act in public interest and take responsibility for actions to maintain public confidence
What is the Bichard Review and some of its recommendations?
An independent review carried out by Lord Bichard on the RICS’s purpose, governance and strategy. It proposed recommendations such as putting more emphasis on the young of the organisation through the matrics group. Reaffirm commitment to working in the public interest. Review of governance and emphasis on returning control to members. Focus on devolution to regions and boards and encourage networking between these.
Name some other Sector Pathways
Building Surveying,Valuation, Project Management, Facility Management, Building Control
What is needed to form a contract?
Offer, acceptance, consideration, intent
How is a contract under hand different from a deed?
“A Deed is signed by a witness & traditionally authenticated by a seal. Imposes
greater legal obligations
Limitation period - Under Hand is 6 years, Deed is 12 years.”
What are the standard forms of NEC contract?
Option A: Priced contract with activity schedule
Option B: Priced contract with bill of quantities
Option C: Target contract with activity schedule
Option D: Target contract with bill of quantities
Option E: Cost-reimbursable contract
Option F: Management contract
Name the 9 sections of the JCT contract
- Definition and interpretation
- Carrying out the works
- Control of the works
- Payment
- Variations
- Injury, damage and insurance
- Assignment, Third Party Rights and collateral Warranties
- Termination
- Settlement of disputes
What are the main parts of the JCT contracts?
Recitals, Articles, Contract Particulars, Attestation, Conditions (9 sections, 7 for minor works), Schedules
What is a latent defect?
Latent defects are defects which are not readily identifiable upon inspection &
only come to fruition some time after building completion & may take many years.
A claim in contract can only be brought about within the limitation period of the
contract (6 or 12 years). Otherwise, a claim may be brought in Tort for
negligence providing there has been actual damage & not economic loss.
Types of excavation?
Open – use battered excavation sides cut back to a safe angle, eliminates the need for temporary support work, can easily construct basement walls and fall BUT extra excavation costs and need a lot of free site space
Perimeter Trench Excavation – trench dug wide enough to form basement walls, this is supported as required – basement walls are constructed and then the inside of the basement is excavated.
Complete Excavation – used in firm subsoils. The Centre of the basement is excavated first, then the basement slab cast while the sides of the excavation are supported by struts
What is/was the impact of covid 19 on construction?
material shortages and inflation.
What led to the Bichard Review?
A recommendation in the Levitt Review that an external review should take place specifically on purpose, governance and strategy
What are some of the implications for the construction industry in the aftermath of Grenfell?
Many architects and builders were forced to review and update their practices, with a focus on fire safety and building regulations compliance. This led to increased costs and greater complexity in the design and construction process.
What are the implications of the Bribery Act (2010) for construction?
Businesses should be aware that failing to prevent bribery is a strict liability offence. The only defence available is if the company can show that it had “adequate procedures” in place to prevent bribery. Can lead to 10 years in prison.
What are the professional obligations to the RICS for members?
CPD
cooperate with the RICS
Provide information reasonably requested to standards and regulation board
What are the professional obligations to the RICS for firms?
Complaints-handling procedure, including an alternative dispute resolution provider approved by RICS, maintain a complaints log.
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.
Cooperate with the RICS.
Firms must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf.
Display 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.
When can a firm register for RICS membership?
25% of a firms principals are members
When must a firm register for RICS membership?
When providing surveying services to the public
When operating in regulation zone A
When 50% of principals are MRICS
How much PI does a firm need?
Depending on turnover:
£100,000 or less = £250,000
£100,001-£200,000 = £500,000
£200,001 + = £1,000,000
What are the RICS requirements for a CHP?
provide details of access to alternative dispute resolution provider if the firm cannot resolve the complaint
made available to all staff – a CHP is intended to provide clarity and consistency to staff and clients
be regularly reviewed at a senior level – record evidence of review, to include reviewer details and review date
be agreed with PII brokers/provider(s) – the CHP should reflect processes that do not compromise PII cover
What should be done when you receive a complaint?
Record it and all the details promptly
Assure the client that it will be dealt with
Notify PI if necessary
What are the ethical principles which the Rules of Conduct are based on?
Honesty, integrity, competence, service, respect, and responsibility
What is covered in Surveying Safely?
Guidance for visiting sites, assessing risks and hazards
What is Value Management and how does it differ to Value Engineering?
Value Management takes place at the early stages of a project. Its job is to consider the overall function of the building and what the client requires, cutting unnecessary items and focusing on the elements which form part of the clients brief. Value engineering take place after this and looks to maintain the scope function of an element while reducing the cost.
RIDDOR
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
COSHH
Control of Substances Hazardous to Health
Requirements to form a contract and their meaning?
Offer - offer to perform an act if the other party promises to do something in return
Acceptance -
Consideration - goods exchanged ie money
Capacity - legal capacity to form the contract - status of the coorporation
Intention - intention to make it a legally binding contract
How would you advise the client on what JCT contract to use?
JCT Flowchart
What is the difference between a Bond and PCG?
bond is a surety that is provided by a 3rd party (insurance company), whereas a PCG is a guarantee provided by a holding company
What mechanisms are you aware of that protect the contractor?
Payment
Extension of time
Loss and Expense
Termination
Insurances
Disputes
What needs to be in place to enable payment for materials off site?
Vesting agreements
What is a good wall to floor ratio and how is it calculated?
between 0.4 and 0.5, depending on the building shape - caculated by measuring the floor area and the EXTERNAL wall
What is the difference between how a floor area is measured in NRM and IPMS?
NRM is to the finished surface, IPMS is to the internal dominant face, which could omit plasterboard etc. The internal dominant face is the sirface which take up 50% of the vertical elevation
What would you advise if a cash flow was more than anticipated?
Contractor could be front loading costs due to financial issues
Can you explain the difference between procurement and tendering?
Tendering is part of the procurement process of going out to bidders and awarding the contract. Procurement is the overall act of obtaining goods or services.
What are the key factors to be considered when advising on procurement? What does T, C and Q mean?
Time – time to site
Quality – control of design
Cost – Certainty at contract
How did you advise your client regarding procurement and tendering? What was included in this?
I produced a procurement report in which i outlined the procurement strategy, tender strategy and contract type
When receiving tenders, what would you do if you found an error?
Give the contractor the opportunity to amend that error, or give them the chance to stick by it. Decision made by client.
Under Alternative 1 correction of the tender price is not permitted and under Alternative 2 correction of the tender price is permitted.
What is negotiation?
A way of conferring with others in order to reach a compromise or an agreement
Can you tell me the different approaches to negotiation you are aware of?
Compete (I Win- You Lose) Competitive negotiators pursue their own needs and give little to others. …
Accommodate (I Lose – You Win) …
Avoid (I Lose – You Lose) …
Compromise (I Lose / Win Some – You Lose / Win Some) …
Collaborate (I Win – You Win)
Can you name me some conflict avoidance techniques?
Good management
Clear contract documentation
Record keeping
Regular reporting and proactivity
Can you name me some dispute resolution techniques?
Negotiation
Mediation
Arbitration
Litigation
What is the process of adjudication?
the final outcome is determined by a third party who does impose a
binding decision on the parties
What are the timescales for adjudication?
If the Act applies to a contract then either party may request the appointment of an adjudicator to be made within seven days of serving a Notice of Dispute, and the adjudicator has 28 days from issue of the Referral within which to issue a decision.
Is adjudication binding?
That decision will bind the parties and in most cases be readily enforceable in the Technology and Construction Court (TCC). The TCC is the part of the High Court that deals with
construction related litigation.
What value of risk allowance was included in your LTH S2 cost plan?
£700k - 5%
How much were prelims in your LTH S2 CP?
£2m - 15%
What are the types of business plan?
Corporate
Strategic
Operational
Divisional