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Case Study Flashcards

1
Q

What was the health and safety incident?

A
  • Slipped roof tile into external nursery courtyard on 1st floor
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2
Q

How did you ensure health and safety of the site?

A
  • Erected a scaffold in the area of incident and along severely cracked parapets
  • Ensured scaffold had debris netting and monoflex, safe access ladders and was checked weekly
  • Visited site to assess the condition of the building to provide recommendations to the client
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3
Q

A structural report was commissioned before your involvement. Why did you visit with another structural engineer?

A
  • To provide clarity on the 1st engineer’s report
  • To confirm my recommendation of Roof 1 replacement and parapet repairs
  • To ensure the building was structurally sound
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4
Q

What considerations did you undertake in respect of the local listing?

A
  • Liaised with LBH’s conservation officer (CO) and issued schedule of works
  • CO advised:
    o Planning permission not required for repairs
    o Inclusion of lime mortars only for brickwork / repointing
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5
Q

How can you tell the building is constructed of solid walls?

A
  • 2 bricks wide, interlocking bricks with no gap in the middle
  • Mixture of header and stretcher bricks
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6
Q

What is clinker? How did you establish it was clinker?

A
  • A fused material produced at high temperatures – a waste material from coal-fired glass furnaces
  • Produced by heating limestone and clay to liquefaction around 1,400-1,500 degrees
  • Composition of the slab typical for age of building
  • Could have sent the clinker to a lab for testing, however I considered the time and cost implications and advised the client this was not necessary
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7
Q

What procurement route did you use and why?

A
  • Traditional, single-stage
  • Fully designed when going to tender, allowing for the client to secure a competitive price
  • Allowed for cost certainty before works commenced
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8
Q

Why did you choose a minor works contract?

A
  • Works simple in nature
  • Lasted less than 12 months (8 months in total)
  • Client / consultant responsible for procuring all of the design
  • No requirement for bonds or completing work in sections
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9
Q

What cause the significant cost increase from Contract Sum to final account?

A
  • Change of personnel within the client – new client was more involved in the process and so secured a larger budget
  • Some of the areas of the building only reached after full scaffold erected
  • Original scope of H&S was expanded to undertake maintenance works
  • Included rates within the contract – e.g. for repointing, rebuilding brickwork, additional windows, replacement of coping stones
    o Ensured priced given were fair and reasonable
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10
Q

How did you select the contractors?

A
  • Proposed 3no. contractors to client who undertake works of this nature / size
  • Barker have vetting process which requests they submit details of their:
    o Turnover
    o Company information – directors
    o Similar case studies with references
    o Information on typical size of projects
  • Client put forward 3no. contractors of their own
  • All had to be accredited on Constructionline
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11
Q

How did you provide regular updates?

A
  • Visited site weekly and issued inspection reports
  • Called the client / stakeholders every 2 weeks
  • Monthly formal progress meetings with project team
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12
Q

What was included in your site inspection reports?

A
  • Labour levels on site
  • Progress of work
  • Weather details
  • Any requests for further information with the site manager
  • Any contract instructions discussed / proposed
  • Photos detailing progress
  • Items with specific actions for members of the project team
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13
Q

Why were the works notifiable?

A
  • Last longer than 30 working days AND have more than 20 workers on site, OR
  • Exceed 500 person days
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14
Q

Why did you choose to appoint an approved inspector?

A
  • Cheaper than council-appointed building control
  • Able to get quicker responses
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15
Q

What pre-construction risks did your designers identify?

A
  • Unauthorised access onto site – specified fencing / hoarding, signing in/out system
  • Falls from height – erecting safe platforms / scaffolding that were checked weekly
  • Dust – using monoflex / debris netting when undertaking repointing. Undertaking on days when building less busy. Uisng dust suppression on power tools.
  • Potential asbestos – undertake R&D survey before works commence on site
  • Manual handling - hoist for scaffold, sharing heavy loads, wearing appropriate PPE
  • Noisy works - appropriate PPE, noise suppresion on tools, notifying tenants of when noisy works were being undertaken throughout the week
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16
Q

What residual risks did you identify?

A
  • Future use of terrace areas – incorporated railings
  • Inspection of Roof 1 & Roof 4 – installed new railings with access ladders
  • Monitoring of chimney leaning into building
    o Referred to structural engineer who recommended 3-monthly monitoring
  • Asbestos – undertook a Refurbishment & demolition survey to advise on locations of asbestos (nothing). Advised building manager to update their asbestos management survey
  • Flat roofs - to ensure compliance with the gurantee, advised that the building undertakes maintenance such as clearing the roof and RWGs of dirt / debris
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17
Q

What defects did you identify? How?

A
  • Undertook opening up works using a jackhammer
    o Revealed double-skin brickwork with the steel joist embedded – no joist hangers or waterproofing present
  • Identified severely corroded steel with delamination
  • Observed severe cracking above the steel on the asphalt roof covering, and through the parapet soldier course
  • Identified slipped, missing and cracked ridge and roof tiles
  • Cracking and blisters across each of the asphalt roof coverings
  • Observed all defects via safe access from scaffold platforms
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18
Q

Can you describe delamination of steel joists? How did you establish this?

A
  • Delamination – separation of layers of the steel joist due to corrosion
  • Delaminated section was embedded into inner brick skin – I judged this to be very risky in respect of being structurally sound
  • Internally, acro props had been installed behind plasterboard – opening up works revealed this
  • Intrusive inspection revealed this
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19
Q

Why was a timber frame used over steel or traditional construction?

A
  • Quick construction time
  • Manufactured off site, quality control etc. no on site cutting or storage
  • Lower embodied energy
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20
Q

How did you select the joists and centres for Roof 1?

A
  • C24 is strongest and for external uses
  • Checked stipulations in Approved Document A
  • Centres – checked the NHBC guidelines which advises:
    o Minimum centres of 450mm for 15mm deck
    o Minimum centres 600mm for 18mm deck
  • Selected 400mm centres due to potential future loading of roof
  • Checked all proposals / measurements with structural engineer before proceeding
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21
Q

What is the difference between C16 and C24?

A
  • Used to grade softwood, under BS EN 338
  • C24 can take a higher point load and has fewer, and smaller knots in the timber
  • Timbers are evaluated after being kiln dried to 20% moisture content.
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22
Q

How were the joists supported?

A
  • Installed timber wall plate bedded into mortar on top of the inner skin using galvanised holding-down straps using M10 steel bolts
  • Joists installed onto joist hangers, fixed onto the wall plate using M10 steel bolts
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23
Q

How did the contractor carry out the joist & deck installation?

A
  • Joists as above
  • Deck embedded into brickwork and fixed onto joists using screw fixing of 53mm allowing embedding into joist of 35mm
  • Minimum fastener edge distance 8mm
  • Minimum bearing distance 18mm
  • Panels fastened to joists at 300mm centres
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24
Q

What was the roof build-up?

A
  • 48x220mm timber joists
  • 70mm firings
  • 18mm plywood deck
  • VCL
  • 120mm PIR insulation
  • Underlay sheet
  • Cap sheet
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25
Q

How did you select the specific felt system?

A
  • Checked requirements in Approved Document L (conservation of fuel and power) to ensure U-value met
  • Selected 3-layer system for full waterproofing – incorporating VCL, underlay and felt cap sheet
  • Felt chose for ease of installation, allowing to chase into parapet brickwork, cost and appearance
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26
Q

Did you check any specific certification?

A
  • Adhered to Approved Doc L – 0.16 U-value
  • For installation – checked Safe2Torch guidelines, hot works permit when on site
  • Ensured appropriate edge protection present for installation
  • Specified a 25-year insurance backed guarantee was in place
  • Building regulations sign off
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27
Q

How was the U-value calculated?

A
  • Provided by IKO, the manufacturer of the roof coverings and warranty provider.
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28
Q

What is PIR Insulation?

A
  • Polyisocyanurate (poly-iso-cyanurate)
  • More efficient than PUR insulation
  • A type of rigid board insulations, sandwiched between aluminium foil facing
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29
Q

What was the roof fall?

A
  • 1-80
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30
Q

What is Safe2Torch?

A
  • National Federation of Roofing Contractors (NFRC) using gas torches
  • Guidelines of safe use of hot works – e.g. not allowing gas torch at least 1m away from timber upstands, hanging tiles, rooflight kerbs, cladding, etc.
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31
Q

How did you know the scaffold was safe to use?

A
  • Ensured the scaffold was checked weekly by the scaffolding company and the scaffold tag was updated
  • Received scaffold designs before installation and checked:
  • Ensures platforms are fully boarded and wide enough for access
  • Scaffold boards are properly supported and not overhanging excessively (e.g. no more than 4 times thickness of the board) Check loading bays fitted with fall protection (gates) that can safely be moved in and out of position
  • Ensure provision of debris netting and monoflex
  • Ensuring guard rails and toe boards fitted
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32
Q

Did the final rates of provisional quantities vary significantly?

A
  • No – I set out rates (e.g. for repointing, replacement of soldier courses, parapets, etc) as according to rates set out in SPONS / BCIS
  • Received rates quantities from each contractor, enabled me to assess I had received a fair price
  • Used the rates when receiving variations to ensure contractor submitted fair price
  • For non-rated items (e.g. anti-slip for external stairs), I requested 3no. quotes from the contractor
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33
Q

How did you deal with programme change?

A
  • Ensured additional prices were received as quickly as possible
  • Assessed and issued to client within good time (e.g. 3 days)
  • Discussed potential impact on programme with contractor and notified client
  • Additional works instructed towards end of contractor resulted in EoT being claimed
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34
Q

What are typical defects of the construction type?

A

Concrete
- Clinker concrete – damp conditions produce sulphuric acid from coal in clinker which corrodes steel joists, leads to loss of section
- Masonry encased steel – corrosion of steel frame due to poor protection against moisture, leads to cracking / dislodgement of masonry

Timber
- External sash windows – susceptible to broke sash cords, damaged counter-weights, lack of maintenance and potential external rot

Brickwork
- Eroded mortar joints and soft London brickwork
- Replacement of defective bricks and repointing with NHL 3.5 for external walls, NHL 5 for ridge / verge tiles, soldier courses on parapets
- Damp – penetrating damp through brickwork via defective rainwater goods, parapet wall cracking

Roof spread
- Occurs when downward pressure of weight of the roof pushes against rafters, moving the structure of the roof
- Often occurs when original slate tiles are replaced with concrete, adding weight onto roof

Roof defects
- Nail sickness - corrosion of nail fixings causes slippage of roof tiles

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35
Q

Did you consider additional storeys for concrete / steel frame?

A
  • It was discounted as there is vacant space elsewhere within the building
  • The building will be redeveloped (new lift, develop top flat) so future planning considered focus on other areas of the building instead
    o Lift would serve the other side of the building
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36
Q

What type of plywood did you specify? Why?

A
  • 18mm plywood
  • Class II (Humid use) – Structural EN 636-2 S, grade
  • Protective against potential water ingress, for use externally
  • Plywood is covered by roof covering, but still at risk of wetting
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37
Q

What are the types of plywood grade / class?

A

Class
- Class I – dry interior use
- Class II – humid areas, occasional wetting
- Class III – unprotected exterior use, frequent wetting

Grade
- AB grade – high quality, small pint knots, no variation in colour
- B grade – change in colour, smooth knots 15mm-35mm
- BR ‘veneer’ grade – thinner sheets, knots 7-8mm
- BB grade – larger knots than B, suitable where appearance not important
- C grade – used when strength important, discolouration, open knots

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38
Q

What was the felt roof system build-up?

A
  • 3-layer system incorporating roof deck, VCL, insulation, 2-layer felt
  • Upstands w/ felt terminating 150mm, termination bar, ubiflex chased into brickwork
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39
Q

What was the liquid roof system build-up?

A
  1. Roof deck
  2. Liquid primer for VCL
  3. VCL
  4. Liquid primer
  5. Insulation – 120mm thick
  6. Liquid waterproofing incorporating reinforcement fleece
  7. Top liquid waterproofing layer
  8. Anti-slip sand / fine stone on walkway areas
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40
Q

What are the grades of timber joists?

A
  • C16 & C24 – C= conifer
  • C16 – internal projects such as walls, flooring and roof joists. Allows for grain deviations that can impact strength
  • C24 – highest quality, kiln-dried, fewer defects so stronger / more resilient
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41
Q

What timber joists did you specify? Why?

A
  • 48mm x 220mm at 400mm centres, fitted onto timber wall plate bedded into mortar, strapped down using galvanised holding-down straps
  • C24 provides strength for roof covering and future-loading – provides the best quality for the client
  • 400mm centres was checked with structural engineer and agreed
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42
Q

How did you ensure the design allowed for a safe working load?

A
  • Incorporated appropriate plywood (grace C) and timber (C24) within design
  • Proposed my design to structural engineer who confirmed appropriate loading
43
Q

How was the non-terrace dealt with within H&S file?

A
  • Outlined the parameters for the future use of the roof to only be accessed for the following activities:
    o Obtaining lost material
    o Cleaning roof / gutters
    o Condition surveys by a competent person
    o Use of handrail
44
Q

Stakeholder Engagement – guidance note

A
  • What is a stakeholder – ‘anyone that can affect or is affected by what you are trying to achieve’ ‘the people that count’
  • Client staff, colleagues, team members, local communities, investors, the media, end users, etc.
  • Sets out 10 principles of SE
45
Q

What is Stakeholder Engagement?

A
  • Signifies all the things we might do with S: consult, listen, understand, communicate, influence & negotiate
  • Broader objectives = gaining approval / support, minimising opposition / obstruction
46
Q

What is principal agent theory?

A
  • Concerned with difficulty in motivating one party (the ‘agent’) to act in best interests of another (the ‘principal’) rather than their own
  • E.g. – PM / CA is the principal, agents are stakeholders (e.g. directors, leaseholders
47
Q

What are the principles of SE as set out in guidance note

A
  • Principle 1 – communicate
  • Principle 2 – consult early & often
  • Principle 3 – remember they’re only human
  • Principle 4 – plan it
  • Principle 5 – relationships are key
  • Principle 6 – simple, but not easy
  • Principle 7 – just part of managing risk
  • Principle 8 – compromise
  • Principle 9 – understand what success is
  • Principle 10 – take responsibility
48
Q

What is Mendelow’s power-interest grid?

A
  • A tool to distinguish between different project stakeholders by categorising them using their power and interest in the project
    o High power, low interest = keep satisfied
    o High power high interest = key players
    o Low power, low interest = minimum effort
    o Low power, high interest = keep informed
49
Q

What is the Case 6 model?

A
  • Paul Mansell’s CASE 6 Step Approach provides robust analysis of SE challenges, high level overview to give direction of engagement strategies
  • 6 stages:
    o My Role & The Team – my leadership and role and team role
    o Defining the Task – activities & outputs, desired outcomes
    o Environment Complexity – define & assess impact of complexity on stakeholders
    o Identify & Assess – who are they, what are their interests and power?
    o Plan to Influence – what mechanism can be used, what approach?
    o Continual Review
50
Q

What communication strategy did you employ?

A
  • Weekly site inspection reports issued to key client members stating progress / quality of works, actions, next steps, issues
  • Project progress call every 2 weeks with wider team of stakeholders
  • Monthly formal project meetings with contractor and wider client team setting out progress, financial matters, client matters and next actions
51
Q

What is a schedule of rates?

A
  • List in a contract setting out staff, labour and plant hire rates the contractor will use for pricing cost-reimbursable instructed daywork
  • Includes OHP
  • Allows contractors to quote unit rates against a document intended to cover activities within the works

Advantages
- Variations easier to estimate
- Client can stop / start work at a pace determined by cash flow / funding
- Larger pool of contractors can tender as process is inexpensive & quick

Disadvantages
- Additional resources are required to measure work and certify payments
- Client does not have financial price when committing to starting work
- Contractors may front-load costs in case later work does not materialise

52
Q

What is a bill of quantities?

A
  • A document providing cost-specific measured quantities of items identified in drawings / specifications
  • Preparing a BoQ requires a complete design and specification has been prepared
  • Quantities listed in BoQ may be measured in terms of number, length, area, volume, weight or time
  • Prepared as part of tender doc issued to prospective suppliers to obtain a price
  • Ensures all tenders will price the same quantities, providing fair and accurate system for tendering
53
Q

What standards are used – methodology?

A
  • Standard Method for Measurement 7th Edition (SMM7) before July 2013
  • After – New Rules of Measurement (NRM)
  • SMM7 abopted Common Arrangement of Work Sections (CAWS), which is also used for National Building Specification (NBS)
  • NRM incorporates NRM2 & BCIS instead of CAWS elements
54
Q

What criteria do your company have for introducing new contractors on your system?

A
  • Fill in a pre-qualification form containing:
    o Name of company
    o Directors
    o Company business – e.g. main contractor projects under / over £500k
    o Capital
    o Insurance details and extent of cover
    o Turnover
    o Contracts completed in the past 5, 3 and 2 years
    o Referees
    o Health and safety info
  • Be requested to submit case studies of completed work, along with referees
55
Q

What are patent & latent defects?

A
  • Patent defects – discoverable by reasonable inspection
  • Latent defects – cannot be discovered by reasonable inspection – e.g. foundations installed may not have obvious problems until years later when cracking may appear
  • Runoff cover
    o Building owner can seek redress up to 6 years from date of breach under hand, 12 years under seal
    o Limitation Act 1980
56
Q

Appointment of sub-consultant (Struc Eng)? 2 things that must be checked in regards to insurances.

A
  • RICS standard form of consultants appointment back to back with Ace Agreement.
  • Ace agreements – Industry standard documents for appointing sub-consultants and engineering professionals.
  • Collateral warranties
  • Subrogation – one party steps in for another, risk to waive subrogation is that the insurer cannot pursue the third party/sub-contractor – higher premiums.
57
Q

When undertaking design work for the areas, and specifically the works required in an occupied building, what sort of tools can you use to control risks?

A
  • Designers Risk Assessments.
  • Feeds into a PCI document which forms the basis of the Contractors Construction Phase Plan.
58
Q
  1. How would you advise/indicate to a client/contractor of the risk factor within a designer risk assessment as a quick overview?
A
  • Likelihood and impact matrix to inform a RAG (Red Amber Green) status and offer alternative options that may remove or mitigate risk.
59
Q
  1. Can you confirm the standard payment timeline under JCT contract for your case study project?
A
  • Valuation 4 weeks after possession
  • JCT places responsibility on the Contractor Administrator (CA) to issue a payment notice no later that five days (calendar) from the due date for payment. The due date for payment is generally seven days from the interim valuation date. The final date for payment is typically 14 days from its due date.
60
Q
  1. How did you ‘ensure variations on site were priced according to the previously submitted rates?
A
  • Used submitted rates, BCIS, competitive comparisons, OHP’s
61
Q
  1. Can you explain why your contract sum and final account figures are so far part?
A
  • Variations / material uplift / unforeseen / statutory requirements / client led changes?
62
Q
  1. How is Fire Safety onsite approached by the Contractor?
A
  • RAMS, FRA, Insurance, Muster points, H&S file, Fire Marshalls, Fire extinguishers, Fire Watch, Hot works permits, no fires, no smoking.
  • Designers Risk Assessment
  • Fire Drills
  • Keeping escape routes clear, and re-directing routes affected by the site compound and site access routes.
63
Q

What are typical defects of the construction type?

A

Concrete
- Clinker concrete – damp conditions produce sulphuric acid from coal in clinker which corrodes steel joists, leads to loss of section
- Masonry encased steel – corrosion of steel frame due to poor protection against moisture, leads to cracking / dislodgement of masonry

Timber
- External sash windows – susceptible to broke sash cords, damaged counter-weights, lack of maintenance and potential external rot

Brickwork
- Eroded mortar joints and soft London brickwork
- Replacement of defective bricks and repointing with NHL 3.5 for external walls, NHL 5 for ridge / verge tiles, soldier courses on parapets
- Damp – penetrating damp through brickwork via defective rainwater goods, parapet wall cracking

Roof spread
- Occurs when downward pressure of weight of the roof pushes against rafters, moving the structure of the roof
- Often occurs when original slate tiles are replaced with concrete, adding weight onto roof

64
Q

What are typical defects of Victorian building?

A
  • Incoming lead main pipe
  • Sash window defects
  • Poor ventilated ground floor
  • Lead paint to external timber
  • Replacement roof / roof spread – sagging timbers can be from replacement of slates with cheap & heavier cement roof tiles
  • Wet and dry rot
  • Lack of thermal insulation
  • Defective slates & nail sickness
65
Q

What sash window defects are there?

A
  • Lack of routine maintenance, broken sash cords, unbalance weights, wet rot externally
66
Q

How would you identify wet rot?

A
  • Visual darkening of the wood, cracking along the grain, spongy to touch
  • Depth of rot ascertained with a bradle tool
67
Q

How did you deal with programme change?

A
  • Ensured additional prices were received as quickly as possible
  • Assessed and issued to client within good time (e.g. 3 days)
  • Discussed potential impact on programme with contractor and notified client
  • Additional works instructed towards end of contractor resulted in EoT being claimed
68
Q

How did you value the additional works?

A
  • Submitted rated quantities were included within each tender submission, which ensured prices received were fair
  • For variation of works not rated (e.g. overhauling external stairs, replacement of railing)
    o Separate rates submitted for staff, labour, materials and plant
  • Both rates used in combination to build up a valuation of work undertaken
69
Q

Did the final rates of provisional quantities vary significantly?

A
  • No – I set out rates (e.g. for repointing, replacement of soldier courses, parapets, etc) as according to rates set out in SPONS / BCIS
  • Received rated quantities from each contractor, enabled me to assess I had received a fair price
  • For non-rated items: I requested quotations from 3no. sub-contractors
70
Q

How did you develop the client’s brief?

A
  • Following my initial inspection, I wrote a report prioritising repairs in respect of health and safety
  • I proposed the replacement of the roofs and had this checked with the structural engineer
  • Structural engineer reported their assessment of the building
  • This provided the basis for the specification
71
Q

What did you include within the specification?

A
  • Preliminaries
  • Preambles
  • Schedule of work
  • Pre-construction information
  • Drawings – proposed designs for roof replacement, roof re-coverings (pitched & flat), window replacement
  • LBH’s quality scoring matrix was included as part of the package so tenderers knew how they were being assessed
72
Q

How did you select the contractors?

A
  • Proposed 3no. contractors to client who undertake works of this nature / size
  • Barker have vetting process which requests they submit details of their:
    o Turnover
    o Company information – directors
    o Similar case studies with references
    o Information on typical size of projects
  • Client put forward 3no. contractors of their own
  • All had to be accredited on Constructionline
73
Q

What criteria do your company have for introducing new contractors on your system?

A
  • Fill in a pre-qualification form containing:
    o Name of company
    o Directors
    o Company business – e.g. main contractor projects under / over £500k
    o Capital
    o Insurance details and extent of cover
    o Turnover
    o Contracts completed in the past 2-5 years
    o Referees
    o Health and safety info
  • Be requested to submit case studies of completed work, along with referees
74
Q

How did you receive the tenders?

A
  • All tender returns were uploaded onto LBH’s portal
  • The procurement team within LBH had access to this
  • They notified of the tender returns & tender return sums the following day
75
Q

How did you analyse the tender returns?

A
  • Produced a tender report which included:
    o Tender forms & original tender value
    o Checked arithmetical errors and obvious errors in programme dates and lead-in periods
    o Checked for obvious errors in pricing between contractors & any qualifications
    o Clarified any mistakes / errors and wrote a tender report
  • Tender report included:
    o List of tenders received
    o Initial prices submitted
    o Any qualifications / clarifications identified
    o Post-tender adjustments and reasonings
    o Revised tender sums
    o Comparison of tenders
    o Recommendation
76
Q

Local councils typically will require a quality assessment for the tender. How was this looked after?

A
  • Quality assessment based on:
    o Master programme – programme of works from commencement to completion
    o Project delivery & personnel – details of experienced site and contracts managers, proposed team structure, CV’s of key personnel highlighting experience
    o Quality of workmanship
    o References & details of similar project work
    o Handover & defects management – process of handing over required documentation (O&M)
    o Health, safety & welfare information – CDM obligations & COVID
    o Site establishment, logistics and security
77
Q

How did you appoint the contractor?

A
  • Confirmed my recommendations in a tender report
  • Once the client accepted, I contacted the winning tenderer to ascertain their availability for the pre-contract meeting and request lead-in times
  • Issued a Letter of Intent (after drafting by a legla professional)
78
Q

What is a letter of intent?

A
  • A document used when two parties wish to commence construction works immediately prior to negotiation and formulation of the final building contract
  • It included:
    o Requirement to carry out works within a timeframe
    o Limited the scope – e.g. amount of money contractor can expend
79
Q

What did you include in the Letter of Intent?

A
  • Limited scope – limiting time / money encouraging contractor to agree a full contract within a certain timeframe – protects employer should a contract not be agreed / signed
  • Stated contractor should stop works once the limit was reached
  • Stated the level of public and employer’s liability in addition to all risks insurance
  • Stated contractor to act in accordance with CDM regulations
  • Payment provisions – clearly stated payment provisions
  • Termination – provided for the employer to terminate the contractor’s engagement & confirmed the employer had no obligation to enter into a full contract at the end of the timeframe
80
Q

What are common pitfall with Letters of Intent?

A
  • Both parties can have commercial issues to be resolved before contract fully negotiated, leading to parties neglecting these issues so full execution of the contract is never undertaken
  • This can lead to future disputes and exposure of the parties as LOI does not contain detailed provisions
81
Q

When should they be used?

A
  • Cunningham V Collet (2006)
  • Where work scope & price are agreed OR there is clear mechanism in place to reach agreement
  • Where terms and condition are (or are very likely) to be agreed
  • Where start and finish dates and outline programme are broadly agreed
  • Where there are good reasons for works to be commenced in advance of contract documents being finalised
82
Q

What did you include in the contractual documents?

A
  • Article of agreement and conditions of contract (signed as a deed)
  • Working drawings
  • Specification / schedules of work
  • Schedule of tender adjustments
83
Q

What is an asbestos R&D survey? Why did you instruct one? What were the findings?

A
  • Control of Asbestos Regulations 2012 stipulate before any refurbishment / demolition, R&D survey required to determine type, extent and condition of asbestos in buildings constructed before 2000
  • It found no asbestos containing materials within the works area
84
Q

What risks did your principal designer identify?

A
  • Working at height – high level works required scaffold
    o Ensured scaffold was checked by competent scaffolder every week
    o Scaffold to be adapted as necessary throughout the works
  • Potential asbestos – R&D survey authorised
  • Heavy lifting / manual handling – appropriate procedures
    o E.g. using appropriate PPE / equipment
    o Sharing heavy loads with others
    o Taking in turns to lift heavy materials
    o Use of a hoist to lift onto high level scaffold
  • Working in an occupied site
    o Signage throughout the building
    o Fully closing off the site areas
    o No authorisation to persons not properly inducted onto the site
85
Q

Why did you need over sail license approval? What did you do?

A
  • Scaffold over sailed neighbouring properties
  • Advised the client there was a risk of damages to be claimed from neighbouring properties if there was any consequent damage or otherwise
  • I obtained quotes from party wall surveyors as this was beyond my competence and presented to the client – the client chose the most competitive price
  • PW surveyor contacted neighbouring landlords who in turn appointed their own surveyors
  • An award was agreed following consultation
86
Q

What did the over sail license include?

A
  • Details of protections for the scaffold (monoflex, debris netting, scaffold alarm)
  • Protections for roofs beneath – condition survey, corex sheeting, timber boarding placed over rooflights
  • Scaffold for the use for operative purposes only – no storage of materials
  • Building Owner to indemnify the Adjoining Owner in respect of actions, proceedings, costs, claims and damages however arising during the period on site & maintain public liability insurance throughout the period of the license
  • Dates that the award was permitted – July 2022 – March 2023
87
Q

CDM - What are is the relevant regulation?

A
  • Construction (Design and Management) Regulations 2015
88
Q

What is the purpose of the regulations?

A
  • CDM aims to improve health and safety in the industry by:
     Having the right people for the right job at the right time
     Co-operate and co-ordinate work with others
     Have information about risks and how they are being managed
     Plan the work so the risks are managed
     Consult and engage with workers about risks and how they are being managed.
89
Q

When do the CDM Regulations Apply?

A
  • Always
90
Q

What are the General Principles of prevention?

A
  • Avoid risks where possible
  • Evaluate those risks that cannot be avoided
  • Place in proportionate measures that control them at source
91
Q

Who are the duty holders defined under the Regulations?

A
  • Clients
  • Domestic Clients
  • Designers
  • Principal Designers
  • Principal Contractors
  • Contractors
  • Workers
92
Q

What are the duties of Clients?

A
  • Ensure other duty holders are appointed
  • Sufficient time and resources are allocated
  • Ensure Relevant information is prepared and provided to other duty holders
  • Ensure The Principal Designer and Principal Contractor carry out their duties
  • Ensure Welfare facilities are provided
93
Q

What are the duties of Principal Designers?

A
  • Plan, manage and monitor the pre-construction phase and co-ordinate matters relating to Health and Safety
  • Produce the pre-construction information
  • Update/prepare the H&S File
  • Ensure designers comply with their duties
  • Liaise with the Principal Contractor for the duration of the appointment.
94
Q

What are the duties of Principal Contractors?

A
  • Plan, manage, monitor and co-ordinate health and safety in the construction phase of a project.
  • Preparing the Construction Phase Plan
  • Ensure suitable site inductions are provided
  • Ensure reasonable steps are taken to prevent unauthorised access
  • Ensure welfare facilities are provided
  • Liaise with client and principal designer
95
Q

What is the Pre-Construction Information?

A
  • Information in the clients possession which is easily obtainable and relevant to construction work, it may include:
    o Details of the project team
    o Information on asbestos, existing structures, access arrangements, fire precautions, emergency procedures, clients activities.
    o Risks identified during design
96
Q

Who notifies the HSE?

A
  • Notification is the responsibility of the Client
  • In practice, the client may request someone else to do this on their behalf.
97
Q

What information is displayed on an F10 form?

A
  • Address of the site
  • Description of the project
  • Start date, duration, time allowed by the Client, number of people
  • Names, addresses and contact details of the duty holders.
98
Q

What information would you expect to find in a Construction Phase Health and Safety Plan?

A
  • Project details
  • Programme and key dates
  • Site induction process and on-site training
  • Welfare facilities and site compound / security
  • Site rules / access restrictions / supervision details
  • Management structure
99
Q

What is a Health and Safety File?

A
  • A record of information to manage H&S risks during future repair, construction work or demolition
100
Q

When is a health and safety file required?

A
  • Only required for projects involving more than one contractor
101
Q

What would you expect a Health and Safety file to contain?

A
  • A description of the work carried out
  • Details on residual risk and how thy have been dealt with
  • Key structural principles
  • Hazardous materials used
  • Nature, location and markings of significant services
  • Information and as built drawings of the building, plant and equipment.
102
Q

What statutory approvals did you get?

A
  • Planning permission not required – specification was issued to conservation officer as locally listed, who confirmed this
  • Building Control – approved inspector -
103
Q

How did you calculate the liquidated damages?

A
  • Based on loss of rent for tenants
  • Additional fees charged for my involvement

APC - JC (30 decks)

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