Case Study

Question 1

Why did you use the JCT Intermediate Building Contract and not the Standard Building Contract?

Answer 1

• ICD contract more appropirate for the scale of the project providing the right level of detail. Whereas Standard Building Contract is more typoical for larger scale projects.
• The client had also experienced working with an Intermediate Bulding Contract on another recent project and favoured using this form of contract again.

Question 2

Why did you use the JCT Intermediate Building Contract and not the Minor
Works?

Answer 2

• More appropriate given the projects scale and complexity
• General consensus with minor works contracts is they are more appropriate simple projects with values typically less the £500K (although this value is not a hard and fast rule)
• Allows sectional completion although not required for this project

Question 3

Why did you prepare a Stage 4 Cost Plan? What was the benefit?

Answer 3

• Pre-tender estimate, last cost check of the project before is issued to tender.
• Can be used to compared it against tender submissions

Question 4

Why was a BOQ the most suitable form of pricing documents?

Answer 4

• Provides a robust and detailed document that details the works requiring pricing.
• This is favourable for the tendering process as all tenderers price the same BQ, therefore makes it easier to compare tenders and contractors also favour pricing BQs.
• It also offers the benefit post contract with a document that can be easily used for Interim Valuations and an extensive library of contract rates that can be used for pricing variations (if required)

Question 5

What are the steps involved with producing a BoQ?

Answer 5

1) Separate the works out into key elements or packages e.g. substructure, frame, roof, external walls
2) Create a take off list for each elements identifying from the design information all the works items that need to be measured and billed (in
accordance with NRM2)
3) Allocate the elements to certain colleagues to share the workload
4) Measure measure and measure (in accordance with NRM2) - this could involve back and forth query and answer sheets with the design team
5) Input measure in BQ format using software such as Masterbill or CATO
6) Thoroughly quality check the Draft BQ and associated measures to ensure everything is correct and has been picked up, and is fully coordinated with the design information.
7) Finalise the BQ to form the pricing document for the tender

Question 6

What were the Tender documents you issued?

Answer 6

1) Design Information
2) Instruction to Tenderers
3) Project Particulars
4) Contract Particulars
5) Pricing Document (i.e. BQ)
6) Form of Tender - which the tenders fill out and sign it includes their details, price and programme duration
7) Prelimianies and workmanship documentation
8) Supporting Docs - including
- Pre Construction Information Pack, -Contractor Design Portions,
- Bond requirements,
- Planning information
- draft example of Sub-Contractor Warranty required for the Employer

Question 7

What is a Pre-Construction Information Pack?

Answer 7

The Pre Construction Information Pack (PCIP) is a document which provides the information already in the Client’s possession, or which is reasonably obtainable, to relevant CDM Duty Holders, such as Designer(s), Contractor or Principcal Contractor.

The client is responsible for providing this, although it is usually completed by the CDM pronciple designer.
Includes information such as:
- Description of poject
- Clients management requirements
- Envrionmental restrictions
- Health and Safety Information and requirements
- Hazards or risks
- Construction Phase Plan

Question 8

What is a Construction Phase Plan?

Answer 8

A Construction Phase Plan is a key document that details the health and safety risks associated with the construction phase of the project and the control measures that will be implemented to minimise risks or where possible, eliminate them.

Question 9

What were the Contractor Design Portions?

Answer 9

a) Precast concrete staircases:
b) Precast concrete upper floors
c) Beam & block floors
d) Structural connections, including thermal break connections
e) Secondary steelwork
f) Light gauge metal infill studwork to external wall construction
g) Architectural metalwork, balustrades, including fixings
h) Lintels
i) Piling
j) Roof purlins, metal deck system and associated detailing
k) Metal louvered fence to plant room roof
l) Roof hatch and access ladder
m) Proprietary masonry support systems and details
n) All proprietary cladding and curtain walling
o) Lift
p) Final coordination of mechanical and electrical installations

Question 10

What was the projects GFA?

Answer 10

1,182m2

Question 11

What is the £/m2 of the project? How does this compare to BCIS analyses / average prices?

Answer 11

• Overall project equated to approx £3,350/m2 based on GIA.
• The contract cost equated to approx £2,765/m2 based on GIA.
• This was comparable with BCIS cost data for similar schemes at that time, which showed the scheme was in line with benchmarking expectations.

Question 12

What is the £ / classroom?

Answer 12

Approx £330K per classroom (based on overall project cost)

Question 13

What is the £ / pupil?

Answer 13

The projected equated to approx £13.5K per pupil (based on overall project cost), which was well within the Department For Education (DfE) benchmark data, rebased to Kent (approx £27K per placement for permanent expansions to existing secondary schools).
- This showed Value of Money for the project

Question 14

How did the you benchmark the cost of the project to demonstrate value for money (VFM)?

Answer 14

• Compared it to benchmark data for similar projects (e.g. from BCIS and in-house cost data)
• Compared it to Department for Eduction benchmark data

Question 15

How did you account for risk in your cost plans?

Answer 15

Design Development Risk
Construction Risk
Employer Risk

Question 16

How did you calculate inflation estimates?

Answer 16

Using tender price inflation data from BCIS. And calculating this for the require timescales associated with the cost plan and project

Question 17

What problems did you encounter when shortening the pre-contract programme and how did you mitigate these?

Answer 17

• Reduced tender period - made sure this was communicated to the tenders at the earliest possibility to ensure they could adequately prepare for the tender period
• Reduced time to prepare the tenders docs - allocated more resource to achieve the reduced timescales

Question 18

If the contractor submitted after the tender deadline what would you do?

Answer 18

Tenders must ensure they submit tenders within the timescale set out in the tender documents. If a late tender was received, I would discuss this with my client and it would be up to their desecration whether to accept the late tender or not.

Question 19

How did you assess the tenders received?

Answer 19

• Reviewed them all and depending on how close the prices working returns were, decide how many submissions to evaluate in details.
• one this project, it was decided to do a detailed assessment on the lowest 3 returns (given they were close in price)
• this detailed analysis included reviewing for arithmetical errors, normalising the returns if certain items had not been priced, reviewing the clarifications and qualifications, review the programme timescales, identifying any risks in the tenders etc
• this analysis process ultimately facilities normalising the tender to aid the comparisons of the returns

Question 20

How did you go about the VE process?

Answer 20

Must haves - elements that are key to the brief of the project.
Should haves - elements that are good practice and of inherent value for the project
Could haves - elements that are potentially achievable within the project budget.
Won’t haves - elements which need to be avoided; from lessons learned on previous schemes

Question 21

What were the potential VE savings that could have been obtained?

Answer 21

• Changing the windows and external doors to UPVC from aluminium = £50K
• Change the spec for mechanical and electrical installations = £100K
• Reduce extent of cladding to external walls = £30K
• Omit folding external doors = £15K

Question 22

Explain the contractual process for dealing with an EOT?

Answer 22

• Contractor provide written notice to the CA / when it becomes reasonably apparent that there is or will likely be a delay.
• This notice must identify the relevant event that is the cause of the delay
• CA then assesses is the EOT is accepted (8 weeks in JCT2024 and 12 weeks in JCT2016)
• Under JCT 2024 if the employer requires additional info this must be requested within 14days of receipt of the EOT claim
• If accepted the completion date is adjusted accordingly

Question 23

Explain the contract process for dealing with a Loss & Expense Claim?

Answer 23

• Direct losses and/or expense incurred by the contractor as a result of the progress of the works being materially affected by a relevant matter.
• These direct losses can include preliminary items such as management staff, site welfare, scaffolding etc.

Relevant events include:
- Variations or client changes
- Failure to give contractor possessions of the site
- Delays receiving instructions

Question 24

What was the Relevant Matter on your project?

Answer 24

Variations - drainage rupture within the existing school required additional works and the client also instructed a change to the external works (new access arrangements)

Question 25

What are the contractual terms / requirements for deferring possession of the site?

Answer 25

• The JCT ICD contract allows the Employer to defer possession for a maximum of 6 weeks.
• If the Employer wishes to defer possession they must give the contractor notice of this.
• Deferment of possession can be considered a relevant matter, giving rise to the possibility of the contractor claiming an extension of time or loss and expense.
• However, for such a claim to succeed, the deferment must have a material effect on the regular progress of the works. Obviously, deferment will have an immediate effect on progress, however, it does not extend the contract period, it simply moves it in time with dates for possession and completion which continue to have the same relationship to each other.
• If the contractor is given early notice of deferment, they are likely to incur far fewer costs than if the deferment is only notified a few days before start on site

Question 26

What Framing method was used for the building?

Answer 26

Steel frame as it would be quicker to install

Question 27

How are you preparing for handover

Answer 27

• trying to close out any outstanding variation items where the costs are not fully agreed

Question 28

How did you know you client was happy with your work?

Answer 28

• They have communicated to me on serveral occations confirming they are very happy with how am/was managing the project. They have even provided positive feedback on my performance to my directors.
• Repeat business is the main indicator - as through my diligent services working on their projects as a QS they have appointed b&m as their QS on serveral other projects
• Measuring Time, Cost and Quaility as site progress meetings - project is on budget and being delivered to a high quaility / standard. Although there has been an EOT.
• Formal measures - could include setting goals and setting Key Performance Indicators (KPIs)

Question 29

How does Surveying Safetly apply in your field of practice?

Answer 29

Applies to my role because it outlines my individual responsibilities, and introduces the safe person concept and provides usualy guidance for completing risk assessments and identify risk and hazards that I could encounter while performing my role (e.g. asbestos, working at height, lone working ete).

Question 30

What are the key pieces of Health & Safety Legilsation (both primary and
secondary) ?

Answer 30

Primary:
- Health and Safety at Work Act 1974
Secondary:
- Personal Protective Equipment at Work Regulations 1992
- Manual Handling Operations Regulations 1992

Question 31

What insurance Option was used for this project?

Answer 31

Option A - New Buildings All Risk Insurance of the Works By the Contractor
The Value of this was £10million

Question 32

What is Pool Re Cover?

Answer 32

Insurance against loss or damaged to worked resulting from terrorism

Question 33

What were the payment terms?

Answer 33

14 days

Question 34

What was the rectification period?

Answer 34

12 months

Question 35

What happens if the contractor fails to complete on the contract date?

Answer 35

The employer can choose to levee liquidated damages

Question 36

What are the risks of applying liquidated damages?

Answer 36

• Could end in contratual dispute between the employer and contractor
• Could put the contractor under financial pressures and risk of liquidatation

Question 37

What are the financial risk for the client of awarding an EOT?

Answer 37

• The client could incur a loss and expense claim from the contractor is the cause of the delay is deemed to be a Relevant Matter
• If an EOT is awarded then the completion date is moved, and therefore the Employer would be unable to claim and Liquidated damages during that period

Question 38

What would a loss and expense claim typically comprise of?

Answer 38

Generally this would comprise time realted prelimianries e.g. site welfare, site storage, scaffold, management staff etc

Question 39

How can surveyors protect the publics interest?

Answer 39

• By acting with honesty and integrety
• Having relevant procedures to avoid conflicts of interest, having complaints handling procedures, and whistle blowing policies.
• Acting in a sustainable way and promoting social value

Question 40

What is a regulated Firm?

Answer 40

• provide surveying service to the public
• 50% or more of their directors are RICS members

Question 41

Is you had inadvertadly accepted a bribe what type of offence would you be committing?

Answer 41

• A criminal offence under the Bribery Act
• The penalties could be imprisonment or a fine

Question 42

What is the forecast final account?

Answer 42

£3.47M