Case study Flashcards
Did you include any risk allowances within your pre-tender estimate for either of these issues faced?
How would you generate a risk allowance?
From experience, percentage allocation at earlier stages and then producing a costed risk register at the later stages of the design process prior to tender
Did you advise to your client to include an undefined provisional sum instead of a defined provisional sum?
Yes, as the survey results were completely unknown, meaning neither cost or time could be defined or allowed for on the project
What is the difference between a defined and an undefined provisional sum? And why?
Defined provisional sum: an allowance that cannot be costed fully due to lack of detail but enough detail for the nature and construction of the work, preliminaries and programming to be carried out.
Undefined provisinal sum: an allowance is included but the design, nature and extent is completely unknown so the contractor cannot be expected to include for the works in their programming, planning and pricing preliminaries.
How did you generate the allowance of £10k for the provisional sum?
Based on indicative survey data, previous projects of a similar nature, working on the site previously etc.
How did you assess the costs for the fencing given that it’s quite a bespoke piece of work?
The bespoke nature of the fencing meant I did not have any in house data. I obtained 4 quotations for the supply and install of the fencing to understand the range of which they came in at and the comparison helped establish if fair and reasonable.
The spec and supplier also had to be approved by natural england.
You say that the value engineering option proposed was to use smaller plant for the demolitions works, did this have a programme impact?
What was your role as cost manager during the value engineering exercise?
As CM on this, I was responsible for quantifying the value engineering proposed and advising the client of the commercial saving the VE produced. This helped the client make an informed decision of which SR and VE to accept.
What are the relevant events under the contract? Give me 3 examples
There are 14 Relevant Events under the 2016 D&B Contract (cl. 2.26):
Changes. Employer’s Instructions. Delay of giving of possession of the site. Antiquities. Suspension by the contractor for non-payment. Impediment, default, or prevention by the Employer/ Employer’s Persons. Statutory Undertakers work. Exceptionally adverse weather. Specified Perils. Civil commotion/ threat or use of terrorism. Strike or lockout. UK Government/Public Authority affecting the works/ Delay to approval by a statutory body. Force Majeure
With your preferred option of acceleration, what was the cost of this?
The cost of the acceleration was circa £5000.
Did you advise the client that they would be entitled to claim Liquidated Damages if the contractor didn’t achieve the PC date?
The contractor had made us aware promptly when a delay became apparent and it had not been decided if they were in a position to be granted an EOT and even potentially loss and expense so I could not advise my client they would be entitled to LADs
- What were the LAD’s vs the cost of acceleration to the client and was this explored as part of your recommendation?
i.e. offsetting the cost of acceleration vs contractor’s liability for damages?
What does the contract have about noisy work?
Section A34 of the prelims clause 320, 329, 330
320 NOISE CONSENT BY LOCAL AUTHORITY
· Consent: Granted by the Local Authority under Part III of the Control of Pollution Act relating to the Works providing the following conditions are met:
see Employers Requirements.
329 NOISE CONTROL:
The building / adjacent buildings are used for teaching and research and will be in use for the entirety of the Contract Period. The Contractor must make all practical efforts to reduce any disturbance caused by noisy operations such as drilling etc. to an absolute minimum. This should be done by both careful programming and choice of methods of work.
Excessively noisy operations should be carried out outside of normal working hours.
The attention of Contractor is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 with reference to the Control of Noise in relation to any demolition or construction works and the need, particularly where such Works are adjacent to occupied property where a high sensitivity to noise may be anticipated, to ascertain from the Local Authority what requirements or restrictions, if any, shall apply to the works in this respect. The restriction may relate to the type of plant to be used, the method of working to be adopted, the hours of working permissible and may in addition impose a maximum noise level at the site boundary which must not be exceeded.
The attention of the Contractor is also drawn to the provisions of Section 61 of the
Control of Pollution Act 1974 with reference to the issue of prior consent and any application under that Section should be made to the Local Authority on the appropriate form, available from them. The Contractor is to be held responsible for complying with such requirements, restrictions or consents, together with any other stipulations to which their attention may be drawn from time to time by the competent Authorities and is to allow in their offer for any costs or expenses arising from such compliance. No instructions issued to the Contractor by the Employer or their authorized representatives shall relieve the Contractors from compliance with the Control of Pollution Act 1974.
The Contractor should also note that, under Sub-Sections 79 to 84 of the Environmental Protection Act 1990, noise emitted from a site may be a statutory nuisance, in which case an Abatement Notice can be served.
330 NOISE AND VIBRATION
· Standard: Comply with the recommendations of BS 5228-1, in particular clause 7.3, to minimize noise levels during the execution of the Works.
· Vibration: Ensure protective working measures are implemented to prevent damage to the following:
· Vibration Method statement: Submit within one week of request describing working methodology to limit vibration.
· Noise levels from the Works: Maximum level: TBC dB(A) when measured from TBC.
· Equipment: Fit compressors, percussion tools and vehicles with effective silencers of a type recommended by manufacturers of the compressors, tools or vehicles.
· Restrictions: Do not use:
* Percussion tools and other noisy appliances without consent during the hours of TBC.
* Radios or other audio equipment or permit employees to use in ways or at times that may cause nuisance.
* Extra care should be exercised during teaching hours and exam periods (May, June & August)
· Monitoring: The Contractor shall be responsible for monitoring noise levels during noisy works.
