Case Study Questions Flashcards

1
Q

What kind of structure was the extension?

A

a standalone steel frame structure supporting cast in situ composite metal deck and concrete floor slabs with supported on profiled metal decking. The elevations are a combination of glazing, masonry and insulated cladding tied back to the steel frame

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2
Q

What was the size of the extension?

A

1240m2 across both floors. 660m2 on ground floor, and 580m2 on lower ground floor

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3
Q

How was the extension constructed?

A

Structural steel frame allows for larger column free spans which suited the double height requirement for the climbing wall. It was supported on the existing and new pad foundations. Steel is lightweight, durable and quick to install

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4
Q

What was the roof construction?

A

Warm flat roof construction which consists of structural roof decking, single ply waterproofing system on insulation and vapour check.
A warm system keeps the roof decking at more or less the same temperature as the inside of the building.
A vapour control layer is required underneath the insulation to prevent moisture vapour being transmitted from the building outwards where it could condensate in the roof construction.
Warm roofs are generally considered as very effective for energy use reduction and building performance. However the thermal insulation type and thickness is critical.

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5
Q

What were the MEP proposals for the project? i.e. what was the HVAC (Heating, Ventilation, and Air Conditioning) System and how did the extension comply with Part F of the building regulations?

A
  • The Clip ‘n’ Climb area will be naturally ventilated utilising windcatchers.
  • Extract ventilation will be provided to the new Café/Kitchen.
  • M&E was designed to meet the requirements of Part F and L of the Building Regulations together with the Non-Domestic Building Services Compliance Guide.
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6
Q

Was an asbestos survey required? When is an asbestos survey typically required?

A

Asbestos Refurbishment / demolition survey had to be undertaken as the building was built before 2000. This is to comply with the Control of Asbestos Regulations 2012. This particular type of survey was required because the works comprised of altering the fabric, fixtures, fittings and major structural changes including demolition.

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7
Q

What are the Key changes between the 2011 and 2016 editions of the JCT Design and Build Contract?

A

Changes between the 2 contacts were not as far reaching as previous amendments.

2016 update deals with the introduction of the Construction (Design and Management) Regulations 2015. A new Article 10 was provided by the solicitors to be handwritten in to the printed copy of the contract.

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8
Q

What did the schedule of amendments include?

A
  • a new clause for coronavirus events
  • contractor takes on risk of adverse physical conditions and artificial obstructions
  • amendment to the payment date to 28 days after due date or 14 days after receipt of the invoice, whichever is later.
  • contract provides a report to the client on the reason for delay if it comes apparent to the client that the works are in delay.
  • Contractor takes the responsibility for coordinating works with statutory undertakers and local authorities,
  • removal of Daywork clause 5.5
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9
Q

What is a Stakeholder and how would you identify and engage them?

A

Stakeholders are those individuals or groups whom directly or indirectly has an influence on and or is influenced by the proposed project.
- External stakeholders for the project were the local authority, council, gym users etc.
- Project Stakeholders were Client, design team, Contractor & subbies
I would identify them through stakeholder mapping on who to report to, advise, consult or inform throughout the project

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10
Q

Why would you put novation agreements in place?

A
  • Novation agreements can help ensure the continuity of design from pre-contract to post contract.
    ‘- Reduces contractual risk to the employer while retaining an influence over project design. The contractor becomes responsible for all elements of design including sometimes, design errors.
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11
Q

What are the potential disadvantages of novation?

A
  • Consultants are not obligated to be novate unless it is expressly written within the appointment and agreed prior to appointment
  • Consultants may feel a mixed loyalty because of responsibility to oversee contractors works while providing design services to contractor.
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12
Q

What does notifiable mean? (CDM). What are the requirements.

A

If a project lasts more than 30 days and has over 20 people working at the same time, or over 500 man hours. It must be notified to the HSE.

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13
Q

What is the HSE?

A

The Health and Safety Executive - and independent watchdog for work related H&S and illness.

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14
Q

What are collateral warranties?

A

Side agreements creating a contractual link between parties where it wouldn’t otherwise exist. For example, collateral warranty between the Contractors sub-contractor with design responsibility. It extends duty of care to the third party.

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15
Q

What is the Role of an Employers Agent?

A

The EA is a names person within the contract. They act on behalf of the employer in all matters, except when undertaking the decision making and certification duties, in this case they must act impartially.

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16
Q

How does the EA role differ to a Project Managers Role?

A

The PM is usually appointed very early on in the project lifecycle, Prepare and maintain a Project execution plan,, managing the team, advise on pre-tender planning, finance, contractual and other issues, then prepare the tender documentation.

Whilst the EA can also undertake these duties and also undertake QS duties is appointed to do so. But the EA is acts on behalf of the Employer in all matters under the contract, i.e. issuing notice, instructions etc. The RICS guidance note suggests that they are appointed at tender stage. The EA for example does not set up PEP or chair principal project meetings. EA’s are the employers authority over the contractor during the contract.

The EA & PM role are defined by the appointment.

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17
Q

What is the difference between an EA and CA

A

An Employers agent acts on behalf of the Client in all matters for a D&B procured project. The Contract Administrator is solely responsible for administering the contract under a traditional procured project, and is an impartial role. It exists only at the point of entering a contract.

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18
Q

What is a relevant event and can you provide examples?

A

A relevant event is a situation that delays the project or materially affects the contractors progress, ether due to the Employer or a neutral event. For example:

  • Failure to give possession of the site
  • Instructed Variations
  • Force Majeure
  • Exceptional Adverse weather
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19
Q

What is the difference between a relevant event and relevant matter?

A

Both a relevant event and relevant matter refer to situations that delay the project r materially affect progress of works. However a relevant event entitles the contractor to additional time, and a relevant matter entitles the contractor to claim for cost or loss incurred.

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20
Q

What is acceleration under the building contract?

A

Acceleration is the process of speaking up works so an activity or the project as a whole is completed earlier than the contract completion date.

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21
Q

What is the difference between partial possession and sectional completion?

A

Sectional Completion is a date that has been written and agreed in the contract for completion of a section of works. Partial Possession is agreed post-contract that the employer can take possession of an area of works that is practically complete. Contractor consent for this must be given.

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22
Q

Explain how the tender was negotiated an your role in the negotiation

A

Contractor was approached from Stage 2 concept design stage. They then provided M&E services from Stage 3 onwards. The works were priced during the progress of the works therefore there wasn’t a separated tender stage. However on receipt of the final price from the contractor, negotiations then focused on dealing with items with the biggest variance e.g. balustrading and the mirrors to changing areas and gym. We went through a VE process as well in a bid to reduce costs where it was deemed the costs were fair and reasonable. It is difficult to prove with negotiated tender that value for money has been obtained.

My role was to aid the QS in identifying areas where the client was willing to VE areas such as back of house areas. Customer focused areas took precedence. Also potential client direct elements such as the mirrors

Risk with this approach was that it is never concrete proof that value for money has been obtained, the contractor could price higher than market value. This could potentially be overcome by introducing a target cost. The tender was open book in a bid to overcome lack of competitiveness.

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23
Q

How were you able to identify the existing structure was steel frame?

A

Information was obtained from previous building information i.e O&Ms, Condition surveys ad it was also confirmed through the structural engineers investigations.

24
Q

How were the masonry infill walls connected to the structure?

A

Masonry infill walls are built between the structure of the building. The are fixed between the framing members using wall ties made of stainless stee to provide restraint.

25
Q

Explain what happens at each of the RIBA Stages from 4 - 6

A

Stage 4 - Technical design (Tender drawings are created for pricing, manufacture and construction)
Stage 5 - Construction (construction works takes place. Progress needs to be monitored by Client team)
Stage 6 - Handover (Aftercare initiated, rectification period and fixing of defects)

26
Q

How did you manage the development budget?

A

Our company has a development budget template, which includes all pre-contract costs such as Consultant fees, legal fees, insurance cost and planning fees. Also includes the budget for the construction costs and contingency until this is fixed. I then managed this on a monthly basis reviewing and invoices that came in to ensure it was in line with the budget and reported any costs outside the budget against the contingency. I reported to the client in the PM report on the costs.

27
Q

Explain your role when coordinating consultant appointments?

A

The Client had formal appointments which needed to be finalised pre-contract. My role was to ensure the bespoke appointment document was agreed by the consultants and the scope of services was aligned, PI was adequate etc. I liaised with the solicitors on finalising the appointments.

28
Q

How often did you undertake site visits to monitor progress?

A

The site was a 2 hour drive, therefore it was agreed I can attend site on a monthly basis to review progress. The contractor was also required to provide fortnightly photo updates for areas.

29
Q

How frequently did you report to the client?

A

I reported to the client on a monthly basis, but we also had fortnightly interim calls, which changed to weekly when there were critical elements to discuss e.g. the change in the café

30
Q

What was the content of the PM Reports?

A

My PM reports included key risks, summary of key client decisions, changes to scope, progress in the period, planned works in the next period, financial update, progress photos, and executive summary.

31
Q

Which approved document were relevant to the works undertaken?

A

The following Approved documents applied:

  • Part A - Structure
  • Part M - Disabled Access
  • Part B - Fire Safety
  • Part K - Protection from Falling
  • Part H - Drainage / Waste
  • Part F - Ventilation
32
Q

How was the “wow factor” explained to you so you could understand the clients requirements?

A

A modern feel as the original café felt dated, use of technology, a visual impact when one steps into the space, openness of the space and views in to the new extension, adequate lighting to lift the mood, materiality to look premium, still have functionality

33
Q

How did Covid-19 affect progress of works?

A

The lockdown occurred just before the planning application was submitted. Therefore this delayed the submission. In addition, the client operated a leisure centre and had to shut which affected their profits. The client needed to re-review the feasibility of the project and amend the scope to bring costs in line.

34
Q

What reasons did the Client give for works not being able to start?

A

The Client had advised the Third Party agreement - the Leisure Operating Contract with the council had been completed, however it was not. A requirement of the LOC was that works should not commence until the LOC was executed.

35
Q

What working time restrictions were imposed by the planning condition?

A

No works could occur before 8am and after 6m n Monday - Friday, permitted (including works of demolition or preparation prior to operations)
shall take place before the hours of 08.00 or after 18.00 Monday to Friday, before the hours of 08.00 or after 13.00 on Saturdays and no works at all on Sundays or recognised bank and public holidays.

36
Q

In what way was the servery and back of house suggested not to be adequate?

A

There was a lack f a fryer in the design which was needed for events and parties. 3 single electric fryers as opposed to 1 double fryer, wouldn’t fit a child multideck, required a combi-oven in the rear.

37
Q

When considering key issue 2, what was the budget for the works?

A

The total budget for both the café and kiosk was £100k. Vincent Stokes was £102k and the third party was £85k

38
Q

Why was insurance option C selected?

A

Insurance Option C was selected because it relates to the insurance of the existing building covering the construction works. The other 2 options are for new builds.

39
Q

Why were novation agreements required and who for?

A

Novation agreements were required because the works had been designed to Stage 4 and the Client wanted to ensure the continuity without having the risk of a new design team under the contractor needing time to full understand the ERs. It mitigated that risk. In addition, the client could influence the design with this option without having t take the risk on the design. It was required for the Architect and the Structural Engineer as they were Client direct pre-contract.

40
Q

Why were you responsible for programme coordination with the client direct suppliers?

A

Works by client directs are not managed by the contractor. Though the contractor had allowed time within their construction programme for the client direct works i.e. the soft play and splash pad, these needed to commence on time to mitigate any potential delays to the overall project.

41
Q

What are the contractual implications of delayed possession?

A

The contractor will issue a delay notice, and once the delay has been materialised, can claim for EOT under the RE or Loss and expense under RM

42
Q

Why did the Client deem the original design no longer met their requirements?

A
  • the orientation of the cooking area, the volume of counter equipment, service points and how they practically function
  • Client wanted multideck, chilled display built in, and the straight counter for the café. Also enabled more space for fryers, combi oven, milkshake and slush machine
  • Stage 4 proposed the existing equipment to be relocated
  • The Architects felt that both designs satisfy the design ambition they were envisioning for the interior of the strategy
43
Q

What was retaining the Stage 4 design an option?

A

Client had advised that overspending isn’t an option so if costs do become an issue we will have no choice but to work with what we’ve got priced in at stage 4

44
Q

What was the value of works omitted from the construction contract?

A

circa £50k, approx. 1% of the contract sum. As part of the negotiations, the contractor undertook the tiling to the area, floor and wall finishes, and relevant M&E e.g. domestic water service & drainage, as well as the electrical circuit wiring for the sockets to relevant areas which cost £15k plus attendances. The overall omission in the contract was of £35k

45
Q

What was the clients budget for the café, how much did it end up costing?

A

The clients budget was £80k, including the saving from the contract and sums from the contingency allowance. The new café & kiosk cost £75k combined (£45k just for the café) from the fit out consultant. The contractors price for the works was £87k

46
Q

Could the contractor have claimed for loss of profit from the omission of the Café and Kiosk?

A

Clause 5.1.1 permits the Employer to add, omit or substitute any work, however there is no express provision to allow the award of the omitted work to other contractors. The general right to omit is not enough . This therefore had to be done with the permission of the contractor. Due to the relationship, and the low value of works being omitted (circa 1%), they agreed. These works were deemed a substitution rather than a straight omission and getting someone else to do the original works as this would be in breach of contract.

47
Q

What recent case law are you aware of for descoping contract works?

A

I am aware this was in 2021 and related to a Scottish case law of descoping works under the NEC contract.

48
Q

What were some of the variations that contributed to an increased contract sum?

A

Client ask the contractor to u undertake a thorough roof repair when leaks started to occur, specification of the LGF changing room increased and gym design scope also increased

49
Q

Did deferment apply

A

It did not apply however that did not matter because it still constituted a relevant event

50
Q

How did the contractor manage to mitigate 1 week of the delay?

A

with some longer shifts, overlapping some of the work week may be able to recover 1 week of this.

51
Q

Why is it important to identify key stakeholders early?

A

They need to be involved in the project, with their interests outlined and managed.
Avoids any miscommunication and ensures all stakeholders satisfied with the final product

52
Q

What was within the PCSA?

A
  • Services the contractor is due to perform pre-contract. It includes the terms and conditions under which the services are to be performed.
  • Confirmation that the Employer is only required to pay for the services the contractor is willing to perform.
  • Confirmation the Employer was under no obligation to enter into a contract with the Contractor
53
Q

Did the omission of the cafe and kiosk works entitle the client to a saving on the programme?

A

No as an EOT was not given on Section 02. Only on Section 03. An EA does not have the right to bring the original completion date forward unless an Acceleration Quotation is requested.

54
Q

What upgrades were undertaken to the mechanical plant?

A

Upgrades to the pool M&E which wasn’t part of the scope for the consruction works.

55
Q

What services was the contractor due to complete under the CSA?

A
  • Intrusive Structural Investigations
  • Dimensional Survey
  • Asbestos Survey
  • Drainage Survey
  • Ground Investigation Survey
  • Drainage Survey
  • M&E Design to Stage 4
56
Q

Can there be 2 principal contractors on site?

A

The duty of the Principal Contractor is to have overall control of the construction phase. This cannot be shared between contractors because no one will be in overall control. The team wont know who to report to, who is in charge of undertaking inductions etc. The CDM regulations clearly state that the principal contractor must be appointed in writing.