Case Study Flashcards
What is an Employers Person?
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”
What is Coworking
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
What was the value of the project?
£4.87m - CSA
£5.26m - PTE value
What were the time frames for option 1?
Tender Period - 2 weeks
Mobilisation - 1 week
Construction - 20 weeks
What were the time frames for option 2?
Tender Period - 7 weeks
Mobilisation - 4 weeks
Construction - 14 weeks
What were the time frames for option 3?
Tender Period - 5 weeks
Mobilisation - 4 weeks
Construction - 18 weeks
Why not negotiate Option 3 if time was so important?
the client had to demonstrate to their board that value was being achieved
How could you ensure quality was maintained?
Samples experience VR Mock-Ups Prototypes
What was the LOI used in the project?
Instruction to proceed with intent to spend
Size of the project?
Main works was c.191,000ft²
Coworking was 42,000ft²
What is B1 office space?
Business (B1a is office space)
Stems from Town and Country Planning Order 1987
What are some other building use classes?
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)
Difference between a JCT 2011 and 2016 contract?
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
What should be included within a change control process?
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
Why is change control important?
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
What is a deed of variation?
A method of amending or varying an existing contract to reflect renegotiated terms or a change in circumstances (large design changes)
Why would you use a DoV rather than an instruction?
Significant degree of change included
Could reset the PC date and any Liquidated damages
What were the validations / surveys required pre-construction?
As-Built drawing validations
3D Laser / point cloud survey
Benefits of Negotiated tendering?
Faster – no tender period
Most contractor involvement
Negatives of Negotiated tendering?
No competition so no guarantee of a fair market price
How did you deal with the offer of the commercial discount from the main contractor?
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
How did you deal with the offer of the commercial discount from the main contractor?
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
What work was carried out under the cat a plus?
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
Why did you use fan tiles in the coworking?
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.
Why use D&B for Coworking?
Market conditions - PQQ contractors preferred it
Client preference
Transfer of design / programme risk
Cost certainty
took design to stage 4 to maintain quality
Why was a 2 stage tender not considered if time was important?
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
What form does a DoV typically take?
It is a bespoke document written by lawyers outlining the amendments (letter)
