Case Study Flashcards
Case Study
Why was JCT D&B 2016 selected? Any other options considered like NECC3?
- Complexities of the project , therefore Client wanted design risk transferred to the contractor
- Benefits may have been a quicker start on site – to meet funding deadlines
- Client was unfamiliar with Contracts other than JCT, therefore other contract suites such as NEC were not considered
Case Study
How were the liquidated damages of £350/week/unit calculated?
- I would not be party to calculating LD’s on schemes; this was undertaken by my Client.
- I however advised pre-contract their calculation should be based on actual loss per week such as loss of rent, storage and for additional fees.
Case Study
Your role was procurement of consultants?
• Yes I assisted the client in seeking fee proposals for the likes of surveys/ reports required for the planning application for example a transport consultant and environmental consultant.
My role was to issue enquiry letters to a minimum 3nr consultants for each discipline. Review them on return and present the information to my client.
My client undertook the formal appointments.
- What is OJEU?
- Official Journal of the European Union
- Online journal
- When a public sector body within the European Union wants to buy any goods, works, or services over a certain value (“threshold”) it must advertise its tender.
- What has replaced OJEU following Brexit?
• Is now Find a Tender service e-tendering portal accessed through Gov.uk website.
Case Study
You mentioned in the write up that you formed the Procurement Strategy. What options did you consider, and what why was it your recommendation?
- Open tendering V’s approved framework – Public body and above threshold – time wanted quicker (approved contractor, suitable to do size of job, not open to market)
- Procurement Routes – Traditional, D&B, Partnering/Joint Venture ( client did not want design risk , also unfamiliar with Management, Quick start on site)
- Contract – client preferred JCT as no experience with other suites such as NEC – JCT D&B
- Single Stage Vs Two Stage: at the time tight deadline for funding, outstanding planning matters and decanting. Also areas where Contractors expertise would be useful to develop the design (phasing, build over works, energy centre construction etc)
• Recommendation – D&B using two stage tender. However, client due to unfamiliarity with two stage tendering instructed to progress the design and instruct a single stage tender.
- You mention in your case study the term Value Engineering. What does this term mean to you?
- VE is a method used to eliminate any unnecessary costs, in order to achieve value for money on a project. without compromising the proposed output of function.
- VE methods can be used throughout the life cycle of a project
- VE is best utilised as a team approach to provide the optimum value on a project.
Westhorpe Gardens:
How would you describe your clients value drivers on this project?
- Retain existing residents and attract new ones
- Manage the delivery process effectively
- Maximise operational efficiency, minimise operational costs
- Enhance the environment
- Minimise maintenance costs
- Ensure health and safety during implementation, operation and occupation
Westhorpe Gardens:
Value Engineering: What was your role in this?
- Coordinating and facilitating role between Client / Contractor/ Design Team
- Chair and record meetings
- Understand what is agreed > impact on agreeing Contract ER’s any changes to be captured
- Work with Quantity Surveyor (VFM) for client
- You note in your case study that you worked with the cost consultant to advise your client regarding an alternative product specification in terms of the windows for the scheme. Can you talk me through your advice and how you came to this advice?
- Contractor put forward proposal to install different windows than those preferred in the specification.
- I asked that the technical design guardian review the product specification against the performance criteria in the ER’s
- I asked the QS to review the cost of the proposed windows against
- Outcome was that U value performance and other criteria not meeting ER’s and cost a lot cheaper. I advised my client this was not value for money and if they were to consider it would be expected of the contractor to provide a cost saving.
Case Study
You note that you used a dropline on your pre-contract delivery programme for this scheme. What information does a dropline on a construction programme give you and what advice have you given you client in relation to what the dropline is highlighting?
- Drop line indicates actual works progress against the proposed programme
- represented by a vertical line on reported date
- Can show being on target, behind or ahead
- Example Westhorpe: I advised my client that they were behind on the decant period they asked was included in the delivery programme and the risk of this is that vacant possession may not be able to be offered for the target start on site date.
Case Study
You mention that you sometimes found it difficult dealing with assertive personalities on the project, how did you have to adapt your personality and leadership style to effectively deal with these situations?
- Stay calm and don’t rise to that person, by staying professional and leading by example.
- Listen to that persons point of view – don’t discriminate
- Don’t take it personally. …
- Set healthy boundaries. …
- Lead by example.
- Gentle reminder all working to achieve same end goal so best to adopt a collaborative approach.
- Don’t be afraid to advise where not within your professional remit when being demanded to do something
Democratic - to Autocratic (firm but fair)
Case Study
What studies/assessments were used to determine that the refurbishment of the existing block was unviable?
• Prior to my involvement however I understand my client undertook condition surveys and feasibility assessments on refurbishment vs regeneration.
Case Study
How do you ensure that all of the tenders are compared on a like for like basis
Quality – review against scoring matrix in ITT (look for any exclusions to inform QS)
Cost – QS Same CSA issued for costing (queries and normalisation process)/ ITT
1) Look for any errors , anomalies , conflicts – raise questions
2) normalisation process – (average of costs, cost plan) – questions against high / low
Case Study
You mention under achievements flagging that a Covid clause could be added under contract. What’s the benefit of this and would the contractor be entitled to EOT / L&E for covid delays in an unamended JCT D&B contract.
Benefits
• Makes clear what should be done if the event re-occurs – careful drafting
• Protect parties from Covid-19 is no fault of individuals and every party potentially stands to be protected from losses and inconvenience as a result of events that are beyond their control.
Unamended JCT D&B 2.26.14: “force majeure”. – Relevant Event
Not clearly defined.
‘The only steer given by the courts is that force majeure is commonly found to be an event beyond the control of the party seeking to rely on it, must not have been foreseeable at the date of the contract and must be the sole cause of non-performance’
Case Study
This all happened in 2020, so can you give me an example of how you’ve used this experience to help any of your current projects?
Yes Colville 2C which had some similar complexities and constraints – I stressed how having a contractor onboard could assist with some of the issues.
Case Study
What’s the risk of having the contractor on board earlier?
- Try to strip out quality
- And seek cost reductions
- There can sometimes be a degree of ambiguity about precisely what the contractor is expected to do in these stages, and this can cause confusion and dissatisfaction.
- Lack of price certainty until the end of the second stage - two stage
- Potential for a Contractor not to retain a focused commitment through the second stage of the tendering process (thereby not achieving the most advantageous and timely work package prices)
Case Study
If Phase 1B is undertaken earlier, what are the contract impacts? If the Contractor submitted a cost.
• Phase 1b was a separate sectional completion in the contract. So I understand this was proposed to be agreed via a Deed of Variation to amend the possession on this section with no impact to the sum in the contract for this section.
KEY ISSUE 1
19. A) Why was your recommendation Option 2, given the competitive element would have been lost?
As my client had advised that one of there key aims was to meet the target funding deadline and start onsite this option was the least likely to impact programme therefore my recommendation.
B)Key Issued 1 Option 2: How did you intend to manage that to ensure a premium was not added?
Advise client to instruct the QS to update the cost plan to include this phasing. This and the tender returns could then be used as a comparable/ benchmarking against the negotiated cost. Also issue them updated CSA template to price this on.
- Key Issue 1 : How long did it take you to prepare and draft the addendum documentation?
- Addendum : This took around 2 weeks
- I advised my client as part of the addendum the design team should be appointed update the phasing plan and coordinate any likely changes for example external service disconnections and diversions
- Also pricing document and ITT scoring would be required to be updated.
Key issue 1 ) How long was the tender extended for and did this have any ramifications on your Client’s key driver of a start on site date in July 2020?
- Extended – by 1 month
- Yes by 2 weeks at this point as some float in the programme for returns, I had originally advised my client to not seek tender returns so close to the festive shut down.
- float also allowed for evaluation and client approvals based on experience
Case Study
What documents were included in the tender?
- Invitation to tender document
- Form of Tender
- Pricing Document
- Employer’s Requirements including prelims , appendices (drawings , planning etc.)
- Contract and amendments.
Case Study
Why is there a potential cost impact for phasing?
• Additional programme and management time which may increase preliminary costs and requirements to remobilise, welfare etc.
