Case Study Questions Flashcards
Can you tell me some characteristics of dry rot? What are the implications of untreated dry rot?
- Cuboidal and rectangular cracking
- Very brittle
- Moisture content 20 to 40 percent
- Affects masonry as well
It will grow and spread to other areas, can affect masonry and will eventually cause loss of structural strength
For the internal tanking solution, a resin membrane was proposed to be lapped up the wall but to what height? What thickness was the SIKA membrane?
250mm and the SIKA membrane lapped 100mm finishing just before finished floor level.
18mm thick SIKA, each coat 6mm thick
What is the difference between signs of rising damp, penetrating damp and condensation?
Condensation - more likely in winter, more likely in poorly ventilated places, black mould patches and spots, water collects on windows etc, walls appear wet.
Penetrating damp - damp patches internally and externally, black mould, discolouration, usually isolated to particular area
Rising damp - tide marks on walls up to one metre, affects lower areas on walls, salts present, disolouration
For the case study, how did you know it was wet rot? What is the difference between dry rot and wet rot?
Dry rot is extensive, spreads across masonry, cuboidal cracking
How do you treat rot?
Treat source, repair timber, fungicide, ventilate and monitor
What does rising damp look like?
Unlikely to be dark mould, continues to 1 metre in height, lower level
Apart from decorations, what repairs did you specify?
Helibar insertion to brickwork where there was cracking due to underground leak.
Timber splice repair due to weathering.
Installation of downpipe clips, trunking end caps, etc
Why did the client select an open tendering method? What are the benefits of alternatives?
- Standing orders, tendering department advised to carry out open tender to increase competition and show a fair process by being open to all contractors.
- Advantages of closed tender is good reputation contractors can be selected, contractor familiar with client processes, less likely to have inaccurate tenders, simpler to analyse tenders, does not require a tender portal or advertising
For the case study, health and safety was mentioned as a concern? Did you report any issues on site? What legislation governs H&S on construction sites?
Yes because the contractor had proven themselves not to be competent in other areas.
Yes I did, not wearing PPE and not an up to date scaff tag.
CDM Regs 2015
What section of a minor works contract governs termination?
Section 6
Why was a seven day notice not the preferred solution?
- Due to quality and progress issues wanted them off site
- Did not want to provide them with the opportunity to rectify their errors
What is novation? Did this take place regarding the new contractor?
Replacing a party to an agreement with a new party
Not proceeded with because there was quality issues with contractor’s work.
What were some conditions of termination? What were the legal documents?
A memorandum of Agreement was produced which both parties signed.
- Contractor to withdraw from site by end of week.
- 2.5% retention to be withheld
- LADs to be charged only for additional professional fees
- Works fairly valued by CA
- SoC taken by contractor and checked by CA
As contract administrator should you be advising to act outside of the contract?
Not usually however may be in best interests of both parties. Contractor had stretched their resources and was not fulfilling their obligations and client was suffering as a result. If I advise to proceed outside of the contract there needs to be another legally enforceable contract in place, like the memorandum of agreement.
Were you acting impartially when advising to terminate outside of the contract conditions?
Yes because it was in best interests of both parties. Approached both parties separately before the meeting to check this was the case.
In contractor’s best interests as they did not have the resources for the project and would have incurred significant LADs.
In client’s best interests as they had lost all confidence in the current contractor and wanted to complete the works timely and satisfactorily.
Why was Minor Works contract selected for this the ext decs project?
It was requested by the client because they were familiar and comfortable with this contract. I had suggested the Intermediate Building Contract however in future I would do this more strongly.
You note more regular inspections were required outside of your scope, did you agree this with the client?
Limited amount of additional inspections took place, I checked with a Partner who confirmed an additional fee was not required.
Why did you have to proceed on an open tender basis? What are weaknesses of this method?
Client are a public body and their procurement department required them to proceed on open tender basis.
Experience of contractors may not be known, lowest price may be incorrectly priced when there’s that many contractors, tender analysis more complex, could lead to on site quality issues, requires a system to publicly tender.
What were the results of the CCTV survey?
Drainpipe connected to the RWP immediately outside affected area was cracked causing a leak, recommended relining area of drainpipe.
Was there no option to carry out internal and external decorations together?
No, both internal and external decorations took place at numerous stations and the client wanted separate contracts for both so that the projects were manageable. It was a client decision.
You state that although the leaking rainwater pipe was the cause it did not explain the water ingress. How would you determine what was causing the water to migrate and affect the internal wall? Why was further investigations not undertaken?
- The drainpipe appeared to be the cause of the water ingress. However, water may have been able to migrate across due to concrete infill or cavity dropping within the cavity.
- Investigative works could have taken place where bricks are removed to determine the reason for migration. However, if the water ingress is rectified and / or the client decided to proceed with the tanking system then it would not matter if there were mortar droppings or otherwise to this area.
- If it is found there is a bridge of the cavity then it potentially would involve rebuilding an area of the wall to ensure the cavity is satisfactorily cleared, where a tanking system could just be installed to ensure no further ingress.
How would you mitigate against exceeding client costs?
- Well developed contract documents
- Cost estimates and cost plans taking place
- Risk register developed
- Good communication with contractor and project team
How were you able to evidence that the contractor was not proceeding in accordance with the contract? What documents were used to demonstrate this?
- Through photographs and the site reports undertaken detailing progress / operatives on site / weather / quality concerns / etc.
- Comparing works with BS8000-12:1989 and the preambles.
- Email correspondence and warnings provided to the contractor.
Upon issuing the first seven day notice, how long would the contractor have to wait until they can terminate?
Seven days and if still not complying can terminate within 10 days of expiry of the seven day notice.
Who was responsible for producing the memorandum of agreement? Why was this required?
The contractor and client’s legal advisors, I had no involvement in the drafting of a legal document.
I do not have the experience and am not covered by PI insurance to produce a bespoke legal document.
Why would you release a portion of the retention if there were quality issues?
As per the memorandum of agreement. Requested by the contractor, the client agreed to this because they wanted the contractor off site.
What did you do when you saw that operatives were not wearing the correct PPE on site?
- Immediately addressed it with them as I have a duty of care.
- Informed site manager and Principal Designer.
What are the repercussions of not following the contract terms for the external decorations project?
- Both parties would need to agree to work outside of the contract.
- Both parties would need to agree a means of proceeding.
- Both parties would need to be clear on the conditions.
- If not could be held liable and competence questioned.
- Provides a means of proceeding and avoids a dispute
How did you ensure the contractor was held to account during the end of defects period? Give an example of a defect found?
I inspected the sites with contractor and client. I agreed costs which I omitted from the remaining retention rather than the contractor return to site, as per the memorandum of agreement.
For instance, a door that had been replaced had dropped and required adjustment, a cost was deducted from the retention for this.
Were LADs charged? How did this work?
Yes but not at the set rate included within the contract of £500 per week but instead part thereof which was the additional professional fees incurred by the client as per the memorandum of agreement.
The project team, which included the Contract Administrator and Principal Designer, calculated the additional fees and provided evidence of hours spent to the client. The LAD fee to be deducted was then included in the memorandum of agreement. The client notified the contractor of their intention to deduct LADs and then issued a pay less notice after the final certificate was issued at least 5 days before final date for payment stating the fee which would be paid.
What are the different issues which could give rise to the client terminating the contract?
- Contractor wholly or substantially suspending the works without reason
- Failure to proceed regularly and diligently with the works
- Failure to proceed in accordance with Regulation 3.9 (CDM Regulations)
Was the OHP queried with the lowest contractor during the tender process for the case study?
- Yes, the contractor confirmed that their costs included for OHP and their rate was 15%
- They subsequently provided a breakdown, and there was not individual prices that were significantly lower but they were just very cost competitive throughout.
- I made the client aware of the OHP discussions and cost competitiveness in my tender report
Why would you now consider an Intermediate form of contract for the project?
- It is a more detailed contract with sections on variations and relevant events and matters.
- It has sectional completion and this would allow stations to hand over earlier, ECFRS to resume their daily activities earlier, the contractor to focus their resources to meet contractual dates and release of retention earlier.
Why was the final warning not used as you were near the end of the project and it was the least confrontational method?
- Relatively close to completion but still a fair amount left especially at contractor’s current pace
- Warnings had previously not achieved anything
- Client was not happy with contractor’s performance and did not want them on site
- No contractual warning which was required to prevent further progress and quality issues
How did you manage the defects rectification period with the contractor? Were there any partially complete works? Was the existing supply chain utilised?
Agreed costs with contractor to omit from retention as per memorandum of agreement.
No it was ensured that there would be no works left partially complete.
No or there could be liability complications.
What do you understand by the phrase ‘proceeding regularly and diligently with the works?
The obligation upon the contractor is essentially to proceed continuously, industriously and efficiently with appropriate physical resources so as to progress the works steadily towards completion substantially in accordance with the contract requirements as to time, sequence and quality of work.
How robust was the open tender process for the case study? Would you do it differently now?
- Requested qualifications such as ConstructionOnline and CHAS.
- Client undertook financial checks
- Qualitative questions
No matter how robust the process is, the negative of open tender is that if you do not have experience of a contractor you will not truly know until you are on site. I would not proceed with open tender for this project if possible due to the client’s particular requirements.
Are you aware of any guidance documents for termination? What suite of RICS documents would you find this guidance note?
Termination of Contract, Corporate Recovery and Insolvency, 1st edition.
Within RICS Black Book
Why wouldn’t you opt for open tender?
- Selective means more likely to have a good quality service.
- Selective means more likely to have a contractor that understands the client requirements.
- More likely to need technology and portal for open tendering.
- More difficult to analyse tender returns.
For the case study, were there are other members of the project team? Why wasn’t an architect/structural engineer/Clerk of Works/etc required?
No, there was only the Contract Administrator and Principal Designer.
As Contract Administrator, I undertook regular inspections to monitor progress and quality, given size and scale of the project a CoW was not required.
Given the nature of works were to decorate previously decorated surfaces and undertake some isolated repairs an architect and structural engineer was not required.
Who fulfilled the role of QS under the contract for the case study?
I performed the role of QS and undertook monthly valuations.
What does WME stand for? How is it calculated?
WME is a scale of measuring moisture content in materials as if they were wood. It is calculated by the moisture meter, however there are also charts that can be used from a reliable source online.
Talk me through the investigation of the wet rot?
- Observed and soft and spongy.
- Took moisture readings and in excess of 40%
- Observed internally and externally and saw ground level was high and RWP outside
- Recommended the client urgently undertake a CCTV survey and trial pit
- CCTV survey found leaking drainpipe and recommended relining
- Trial pit found no external tanking system installed even though external ground level was higher
- Led me to the three considerations I made accordingly
What was the most extensive and the longest option for the wet rot remedial works?
Option 3 the resin membrane and sika waterproof render system installation because of curing times. Resin installed first and cures in a day and then sika installed and can take several days to cure.
Why could daily activities not resume at the stations under the minor works contract?
Site set up and heras fencing had restricted the space, focusing the contractors resources on key dates would have meant earlier completion at the station and removal of site set up.
What is the difference between lead surveyor and CA?
Lead Surveyor - essentially project manager services from onset to completion.
Contract administrator - To administer the contract conditions as per the JCT contract and role commences at start on site.
What are the different types of procurement?
Traditional, D&B, Management Contracting and Construction Management
Explain some different types of repair that was undertaken during the project?
Timber splice repairs
Helibar insertion to brickwork
Bracket insertion to downpipe
Why was a seven day notice not issued earlier?
- Only should be issued as a last resort and should not be issued lightly.
- Could damage the relationship and at first wanted to give contractor chance to improve without a seven day notice being issued.
- Contractor firstly gave reassurances they would improve and did so for a period.
- Became clear that there were still progress and quality issues but before issuing the seven day notice I held a meeting with the client who confirmed they would consider negotiating termination.
- In hindsight may have been better option, but did not want to act rashly and wanted the contract to succeed.
Describe the exact specification of the externally tanked system
- Making good wall
- Bituthene primer
- Bithuthene waterproof membrane
- Bitustik patches
- GCP protection boards
- Bituthene liquid membrane
Describe the exact specification of the internally tanked system
5mm thick resin membrane installed to affected floor approx. 300mm along slab and 250mm up wall. 75mm overlap and SIKA render 12mm thick comprising bonding coat, render mortar and finishing mortar to full height of wall.
What areas did the externally tanked system extend to?
It extended along the wall where the ground level was higher than internal floor level, it was only to this one area.
How did you know the build up on the cavity wall for the case study?
- The sketches are indicative of the wall build up from that time.
- Measured the wall width from an opening
- Brick stretcher bond wall
How did you know the fire station was constructed in the 1960s?
Low pitched roof, single pane windows, cast iron downpipes, cavity wall, asbestos detected, wallpaper, open plan kitchen.
How did you determine the cost and duration implications of the different methods for the case study?
Speaking with the manufacturers, speaking with the contractor, using my own experience and reviewing Spons.
Why did Helibar have to be inserted?
Required at station as underground pipe had caused heave, which had led to cracks wider than hairline. Helibar inserted to ensure the cracks did not widen further.
What are the different terms under which a contract can be terminated for a contractor?
- Failing to proceed regularly and diligently
- Failure to comply with clause 3.7 CDM Regs
- Wholly or substantially suspending the works without good reason
What is a drill tower?
A brick built or metal structure that firefighters use for training.
Was the project notifiable? Who did you notify?
No because it did not exceed 500 person working days or at least 20 people on site at any one time and a duration of over 30 days. The PD would have had to notify HSE.
What were the client’s main objectives for the case study?
- Redecorate previously painted external surfaces and specify other decorations and repairs as necessary.
- Prioritise health and safety of operatives / fire service staff.
- Do not exceed the overall budget for the project.
- Ensure the fire service can carry out their daily duties without disruption.
At what stage do you provide your fee proposal and what does it include?
After the client briefing has taken place and any clarifications made. It includes the introduction, scope of services, fee breakdown, PII and terms and conditions of engagement
What was included in your tender documents for the case study?
- ITT
- Form of tender
- Covering letter
-Schedule of works and appendices including dwgs - PCI and appendices
Did you ever speak to station managers or site foreman directly?
Yes checked to see if station manager had any comments or concerns. Spoke to site foreman during site visits.
What are the pros and cons of an open tender? what would you recommend instead?
Open tender means increased competition, provides opportunity to different contractors, can quickly advertise and issue on an online portal, cannot be argued that tender process was unfair towards a contractor, cheapest price obtained.
However it means that contractor may not be known, may not be familiar with client requirements, may not perform to the quality standards expected, requires an online system, lengthy tender process.
I would recommend a selective tender process.
How did you advise for that contractor to be appointed?
Through tendering the project, analysing and producing a tender report which will ultimately recommend a contractor.
Why did you recommend that contractor if you were concerned they had not allowed for their overheads and profit?
- I was originally concerned because they had stated included but were very cost competitive throughout.
- In my tender queries I requested they confirm their OH&P rate and whether it had been included within their rates.
- They stated it was then provided an updated priced SoW which separated their OH&P.
- It showed that they were very cost competitive across the board, rather than particularly low in one area.
When did you first notice delays? Why didnt you issue a seven day notice then?
First noticed delays relatively early on, addressed with contractor who confirmed they would undertake improvements and did so however this did not last. Seven day notice should only be issued if there’s no other option and it had been hoped the project would succeed.
Had the client already started deducting LADs before the agreement was reached?
No LADs had been deducted up to this point. Therefore the LAD amount was deducted from the final account sum as agreed in the Memorandum of Agreement.
How were LADs dealt with?
Omitted from the final account figure as agreed in the Memorandum of Agreement. Project team professional fees calculated and omitted rather than pre determined rate which was higher.
What was the main factors behind the delays?
Contractor wasnt sufficiently coordinating works and had inadequate resource and was not managing the works sufficiently on site, plus also quality issues which contractor had to rectify.
Should you have acted outside of your scope of service?
I was acting in accordance with my scope of service but just made meetings and inspections more regular than previous. I checked with a line manager before undertaking this who confirmed for a couple of additional meetings and inspections an additional fee would not need to be raised.
How did you know for certain it was wet rot?
- Isolated area
- Soft and spongy, not brittle
- Excess 40% moisture content.
