Case Study

Question 1

What is an Employers Person?

Answer 1

any person employed / authorised by the employer, excluding the contractor or statutory undertaker
Relevant Event and Matter
“Any impediment, prevention or default by the employer or employer’s person”

Question 2

What is Coworking

Answer 2

The use of an office or working environment by people who are self-employed or working for different employers, typically so as to share equipment, ideas, and knowledge

Question 3

What was the value of the project?

Answer 3

£4.87m - CSA

£5.26m - PTE value

Question 4

What were the time frames for option 1?

Answer 4

Tender Period - 2 weeks
Mobilisation - 1 week
Construction - 20 weeks

Question 5

What were the time frames for option 2?

Answer 5

Tender Period - 7 weeks
Mobilisation - 4 weeks
Construction - 14 weeks

Question 6

What were the time frames for option 3?

Answer 6

Tender Period - 5 weeks
Mobilisation - 4 weeks
Construction - 18 weeks

Question 7

Why not negotiate Option 3 if time was so important?

Answer 7

the client had to demonstrate to their board that value was being achieved

Question 8

How could you ensure quality was maintained?

Answer 8

Samples
experience
VR
Mock-Ups
Prototypes

Question 9

What was the LOI used in the project?

Answer 9

Instruction to proceed with intent to spend

Question 10

Size of the project?

Answer 10

Main works was c.191,000ft²

Coworking was 42,000ft²

Question 11

What is B1 office space?

Answer 11

Business (B1a is office space)

Stems from Town and Country Planning Order 1987

Question 12

What are some other building use classes?

Answer 12

Class A – Shops (A1 – retail, A3 – food and drink, A4 – bars / pubs)
Class B – Businesses (B1a – offices, B1b – research, B2 – industrial use, B8 – storage and distribution)
Class C – Residential (C1 – hotels / hostels, C2 – resi institutions, C3 – dwelling
Class D – Non-Residential Institution (D1 – public services (museum, library, doctors), D2 – entertainment and leisure)

Question 13

Difference between a JCT 2011 and 2016 contract?

Answer 13

Introduced updated CDM regs – CDM Co-Ordinator changed to principle designer
Government Payment Charter - First payment date is now specified in the contract
Monthly Payment cycle continues to operate until the final account is agreed and certified
L&E – EA must respond to initial claims with 28 days and 14 days of subsequent updates
Update in payment terms – IVD 7 days before due date / due date is 7 days after IV recieved

Question 14

What should be included within a change control process?

Answer 14

Reasons for change
Who requested the change
Consequences of the change (time, cost, quality)
Proposals for mitigation
Risks associated with the change
Alternatives
Deadline for instruction

Question 15

Why is change control important?

Answer 15

Gives a method of highlighting potential changes when first recognised
Gives a format for assessing programme and cost implications so the client can make informed decisions on whether they want them instructed

Question 16

What is a deed of variation?

Answer 16

A method of amending or varying an existing contract to reflect renegotiated terms or a change in circumstances (large design changes)

Question 17

Why would you use a DoV rather than an instruction?

Answer 17

Significant degree of change included

Could reset the PC date and any Liquidated damages

Question 18

What were the validations / surveys required pre-construction?

Answer 18

As-Built drawing validations

3D Laser / point cloud survey

Question 19

Benefits of Negotiated tendering?

Answer 19

Faster – no tender period

Most contractor involvement

Question 20

Negatives of Negotiated tendering?

Answer 20

No competition so no guarantee of a fair market price

Question 21

How did you deal with the offer of the commercial discount from the main contractor?

Answer 21

They were offering a commercial discount if they were awarded the work in their final account including everything baring client change risk.
I advised the client there was no guarantee of this discount being realised so risk there
Commercial discount was to be split between the L&E account and the coworking

Question 22

How did you deal with the offer of the commercial discount from the main contractor?

Answer 22

They were offering a commercial discount if they were awarded the work in their final account including everything baring client change risk.
I advised the client there was no guarantee of this discount being realised so risk to the client
I advised that agreeing a final account with the full loss and expense payment which we felt was unlikely and having the Cat B contractor do the fit out was less than the final account offered with the commercial discount

Question 23

What work was carried out under the cat a plus?

Answer 23

Drainage & HCWS to tea points 
DFU’s and fan tiles
Modifications to CAT A LTHW distribution
Omission of CAT A underfloor ductwork
Modification to CAT A containment
Partial omission of CAT A Lighting, addition of client supplied lighting
Supplementary fire detection
BMS controls

Question 24

Why did you use fan tiles in the coworking?

Answer 24

The base build CAT A ventilation system is a simple underfloor ducted displacement system with perimeter heating via radiators. This was okay for an occupancy of 1/8m2 but coworking requires 1/6m2 so needed to improve it.

Fan tile system meant that central plant kept as per base scheme, DFU’s needed to be replaced for ones that ‘talked’ to the air tiles which are individually controlled and replaced the original floor grilles.

Question 25

Why use D&B for Coworking?

Answer 25

Market conditions - PQQ contractors preferred it
Client preference
Transfer of design / programme risk
Cost certainty
took design to stage 4 to maintain quality

Question 26

Why was a 2 stage tender not considered if time was important?

Answer 26

Single stage was more competitive and gave a fixed price

relatively simple scheme so didn’t need buildability / already had sub contractors involvement in design stage

Question 27

What form does a DoV typically take?

Answer 27

It is a bespoke document written by lawyers outlining the amendments (letter)