Case Study Questions Flashcards

1
Q

Given the last redecoration and repair were in 2012 what were the issues to contend with?

A

The main issues were the timber windows and the condition of the pointing. The windows at high level had been left for years, so has started to deteriorate significantly. A large number of sashes and cills required replacement, and an even greater number of windows required repair.

I also found that the pointing we in poor condition at high level, where in previous exercises, previous contractors had simply been overpointed. The pointing was failing, and I instructed for a large amount of raking out to a minimum 20mm depth and repointing.

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2
Q

What is a letter of intent?

A

A letter of intent is a document that outlines the intentions of parties involved in a construction project before they enter into a formal contract.

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3
Q

When and how are Letters on Intent used?

A

LOIs are often used as a precursor to an official contract.
They can be useful in situations where work needs to start urgently, but the contract wording is still being agreed.
They may be used to enable a supplier or contractor to pre-order materials or to create a site establishment.
However, parties should only use a Letter of Intent if they have no choice and should not use it as a way to avoid resolving negotiation hurdles.

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4
Q

Is a LOI binding?

A

Generally, a letter of intent is not binding in construction. They come in a variety of forms, with different clauses. A letter of intent only becomes binding if it meets certain conditions.

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5
Q

What are the implications if the contract falls through after the LOI?

A

Generally, If the works are cancelled at any stage prior to the execution of Contract Agreements, a letter of intent will often include the allowance for cancellation charges will be computed by the Contract Administrator on the basis that all reasonable abortive costs incurred can be substantiated and agreed will be reimbursed.

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6
Q

How did your inspection match up with the PMP report and costs?

A

Prior to undertaking my inspection, I reviewed the planned maintenance programme report that had been produced, previously.
Given the planned maintenance programme had been issued just over a year prior, the general condition of the building was very similar to what I had found during my inspection.
However, the timber windows and pointing, both appeared to have deteriorated between the planned maintenance inspection, and my inspection for the specification.

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7
Q

What is pre-construction information?

A

Pre-construction information is a vitally important part of construction planning, and is a legal requirement in the planning phase of every project.

At its core, pre-construction information involves collecting, collating, and communicating relevant and reasonably obtainable health and safety information before construction work begins.

The aim is to ensure that all parties involved in any project understand the risks and hazards associated with the work, enabling them to take steps to protect themselves and others.

They commonly include building plans and specifications, environmental assessments and safety assessments.

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8
Q

Why is Pre-construction information important?

A

Safety
Pre-construction information helps identify potential hazards and risks on the construction site and during construction activities. This information allows everyone involved in the project to take the necessary precautions to prevent accidents.

Compliance
Accurate pre-construction information helps ensure compliance with occupational health regulations and the UK’s CDM Regulations 2015.

Planning and coordination
Pre-construction information helps ensure smooth work from planning to completion by facilitating efficient planning and coordination among all stakeholders.

Cost control
Pre-construction information helps prevent costly delays and changes during construction by identifying potential risks and challenges beforehand.

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9
Q

What is a Health and Safety file?

A

A Health and Safety File is a file full of health and safety information that serves as a legal record, benefiting both clients and end users.

It includes all of the information needed for future construction and maintenance work which includes cleaning, alteration, refurbishment and demolition. The information in the file is essential to those doing the work. It alerts them to the risks and helps them to decide how to work safely.

A Health and Safety File has to be prepared for all construction projects as part of CDM regulations.

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10
Q

Who is responsible for the Health and Safety file?

A

The responsibility for coordinating the File lies with the Principal Designer, but all duty holders are responsible for providing relevant information.

If the principal designer’s tenure finishes before the end of the project, the responsibility passes to the principal contractor. Once the project is complete, the file is passed to the client. However, health and safety should always be treated as a wider team effort, with everyone feeding into it where appropriate.

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11
Q

What is a section 20 notice?

A

A Section 20 notice (S20) is a notification from a landlord to leaseholders that they intend to carry out work or provide a service that the leaseholders will be responsible for paying towards.

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12
Q

Should you have allowed the two other contractors to submit tenders based upon your concerns?

A

I informed the client that I did not believe the contractors were suitable for the work at hand. However, the client insisted that they were included to satisfy the leaseholders who has recommended them.

On reflection, I would say that I should not have allowed the client to insist on their inclusion, as it was not beneficial.

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13
Q

Should you always accept the lowest tender?

A

No, accepting the lowest tender is not always the most suitable option, or one that provides the best value.

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14
Q

How do you keep contractors on side when submitting unsuccessful tenders?

A

I always inform contractors when they are unsuccessful and provide as much feedback as reasonably possible for them to consider.

I believe this helps to maintain a good relationship with the contractors, so they are not dissuaded from accepting tender invitations in the future.

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15
Q

How and when do you report to unsuccessful contractors on the tender bids?

A

Following an appointment of a contractor, I will write to each of the unsuccessful contractors informing them that they have not been successful on this occasion. I will be clear and respectful.

I provide some general feedback and try to be as positive as possible, as I believe this helps to maintain a good relationship with the contractors, so they are not dissuaded from accepting tender invitations in the future.

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16
Q

What information do you give unsuccessful tendering contractors?

A

I let the contractors know which areas of the tender, where they were competitive, and the areas where they were not. If they were particularly uncompetitive in any areas, I would also highlight this.

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17
Q

What is JCT practice note 6?

A

JCT Practice Note 6 is a guide to tendering procedures in the construction industry.

Such as:
How to deal with errors in tenders and Pre-qualification.

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18
Q

What is Alternative 1 of the JCT Series 2 Practice Note 6?

A

Alternative 1 of JCT Practice Note 6 is a procedure for dealing with errors in priced tender documents. Under Alternative 1, when errors are found, the tenderer is given details of the errors and the option to confirm or withdraw their tender. They are not permitted to correct the tender price.

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19
Q

What is Alternative 2 of the JCT Series 2 Practice Note 6?

A

Alternative 2 of JCT Practice Note 6 is a procedure for dealing with errors in priced tender documents. Under Alternative 2, when errors are found, the tenderer is permitted to make amendments.

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20
Q

What is a qualified tender?

A

A qualified tender is a proposal that a contractor submits with comments, limitations or reservations if they can’t or won’t provide the services specified in the proposal documents.

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21
Q

What is a relevant event?

A

An event or circumstance that may impact the progress, completion or cost of a construction project. Relevant events are considered grounds for an extension of time.

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22
Q

What is a relevant matter?

A

When the client is responsible for an event that materially affects the progress of the works.

This enables the contractor to claim direct loss and/or expense that has been incurred.

However, a relevant matter does not always result in a delay to the completion date, which means it may not entitle the contractor to an extension of time.

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23
Q

Why did you feel your inspection for the spec of works was insufficient?

A

I felt the inspection was insufficient due to the large number of additional works that were required to rectify the collar joints.

Although my instruction was to prepare a specification for the external repair and redecoration, I believe that I should have also gained entry into the communal areas or a selection of apartments, to review the condition of the high level windows and the surrounding openings.

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24
Q

What is collaborative working under the contract?

A

Is when the parties work with each other and with other project team members in a co-operative and collaborative manner, in good faith and in a spirit of trust and respect.

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25
Q

What is the relevance of the base date in the contract?

A

The base date in a construction contract is a reference point used to assess changes in conditions between the tender and contract signing and allocate risk. It’s usually the same as the tender date.

The base date is also used to ensure compliance with technical standards, in effect on the base date.

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26
Q

When would you use sectional completion?

A

Sectional completion is a construction contract provision that allows for different completion dates for different parts of a project.

However, it is not permitted in a JCT Minor Works Contract. It’s commonly used for larger projects more complex projects.

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27
Q

Explain LAD’s. Are they enforceable without loss?

A

Liquidated damages are a pre-determined sum of money that a contractor pays to an employer when a construction project is delayed, or the contractor breaches the contract.

They are recoverable without the proof of loss. However, the sum entered within the contract documents must be a genuine pre-estimate of the loss at the time, rather than a penalty.

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28
Q

What is a pay less notice?

A

This is notice issued by the client (or the CA on the client’s behalf) confirming that the client intends to withhold an amount from the sum certified. This notice must be issued no later than 5 days before the final date of payment.

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29
Q

Large gap between last decoration in 2012. Why so long? What impact did that have on your spec and approach?

A

The directors of the management company who own the freehold of the building, had only recently taken over from previous directors, who did not prioritise cyclical repair and redecoration.

I would not say that this changed my approach as I still carried out a pre specification inspection and discussed the works in detail with the client, to fully understand their brief. However, the long period between decoration, did suggest that the decoration may be more involved than would normally be expected for properties that redecorate every 5-7 years as advisable.

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30
Q

How urgent were these works deemed?

A

The planned maintenance programme was issued in 2022, with advice to carry out works in two phases, with phase one commencing in 2023 and phase two in 2024. So fairly urgent.

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30
Q

Did actual contract value meet estimated costs in PMP? If not, why not?

A

The actual costs were slightly higher than the planned maintenance costs.

However, this was largely due to the clients request to include the overhaul and recovering of six balconies, which included amendments to the metal balustrades.

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31
Q

You talk about the initial conversations you had with the client. What kind of questions did you ask? How was this communicated and recorded?

A

I asked some fairly standard questions to key information such as time, constraints, budget, how the building is used and expectations etc.

I also wanted to understand if there were any other aspects that the clients wanted to be included, above the elements known or if they had any preferences on materials or aesthetics.

I asked questions on elements that were not already being considered, such as the balconies.

32
Q

Could you have done anything to identify the collar joints earlier? What would you do next time if anything to avoid that?

A

Yes. I believe that I should have conducted a more detailed initial inspection of the higher levels of the building and arranged for access to the communal areas and a handful of apartments, to provide a better view.

For future project I would consider the above, or instructing a drone survey to include the upper levels.

33
Q

What is a collar joint?

A

Is a vertical space between masonry and a back up construction that can be filled with mortar. It is typically designed to act as a barrier to prevent wind-driven rain from migrating inward.

34
Q

Did you explore any alternatives to reinstating the morart collar joints?

A

Yes, but only where the collar joint had not failed. However, as a lot of the collar joints had failed and cracked, the only suitable repair was to rake out the mortar and reinstall. Any other repair would only have been temporary.

The client was also sure that they wanted to carry out a full repair to reinstate the original detail to preserve the building and the traditional methods used.

35
Q

How did you get confirmation of the additional funds? How were the variations presented to the client?

A

When I first noticed the condition of the collar joints, I raised this with the client and the contractor. As further areas of the building became accessible as scaffolding was being handed over, I continued to update the client.

When I realised that this was a general item, I discussed this with the client, who was keen to ascertain a price for their replacement.

I asked the contractor to provide a price for removing and replacing the collar joints on a wholesale basis. I asked for costs for each level of the building.

I then presented the client with different options and after some negotiation with the contractor, the client confirmed they were happy to instruct the works and had access to the necessary funds.

36
Q

What effects or impacts would have been felt if you did not issue an EoT?

A

If the contractor had no right to an extension of time and had not completed by the contract end date, I would have issued a non-completion certificate, which signals the start of certain procedures and potential consequences for the contractor, such as liquidated damages.

37
Q

Was the extent of scaffolding not clarified in the specification? Could this have been discussed/clarified earlier to present two better choices to the client?

A

Yes, this was clarified in the specification and all other contractors submitted a price for this item without any qualifications.

I did highlight this in the tender reportOn reflection, this is something that I could have clarified with the contractor at an earlier stage, before the post tender interview.

However, at this stage, they were still one of the most eligible contractors for consideration.

38
Q

Why did you discard the cheapest contractor (who was recommended by a leaseholder)? Was it justified?

A

Yes, I believe the discarding of this contractor was justified, for two reasons.
1. The contractor failed to comply with Alternative 1, and did not stand by their price. Instead, they submitted a revised cost.
2. Even if the contractor had stood by their cost, their submitted price for the decoration work was abnormally low and could have lead to them cutting corners when carrying out the works.

39
Q

How would you execute the contract better in the future?

A

I would ensure that a more thorough inspection from ground and of higher elements using other access measures, is undertaken prior to finalising the specification, to include any reasonably foreseeable issues.

I would be firmer with the client and insist that only contractors with relevant experience and those that are suitable for the project are included within the tender list.

Lastly, I would be more programme focused, and ensure that reference to the programme is made during every site meeting and report. This will help to identify delays as early as possible so they can be navigated or avoided.

40
Q

How does the PMP and the works spec work with one another?

A

The planned maintenance programme is a report and capital expenditure plan that a client would use as a guide to programme when certain works are required and budget costs. However, the PMP cannot be used as a specification, as it is only a report with recommendations.

A detailed specification is required for each area of work, which should then be tendered. When writing the specification, the PMP can be used as a guide for the surveyor.

41
Q

Why did you use traditional procurement and single stage tendering?

A

The client was Prebend Mansions Management Ltd, a freehold company owned by the leaseholders. The directors representing all of the leaseholders have a responsibility to inform the leaseholders of cost of the works, prior to works starting, so that they can ensure the costs can be covered by service charge or collect from the leaseholders in order to fund the works if there is a shortfall.

Traditional procurement and single stage tendering was the most suitable strategy due to the simple nature of the works, which meant that involvement from the contractor was not required for any design elements.

It was also suitable because the client required competitive pricing and a degree of certainty, so sufficient funds could be collected. These benefits are provided by the traditional strategy as the full scope of works is finalised prior to issuing for tender, so the prices received from all bidders are competitive and accurate.

Subject to any introduced at a later stage.

42
Q

Why did you use a JCT MW 16 contract?

A

A JCT Minor Works Contract was deemed to be the appropriate form of contract due the simple nature of the works, the fact that a detailed specification was to be prepared to define the scope of works and I had been appointed to act as the Contract Administrator, to administer the conditions of the contract.

43
Q

How did you check the contractor’s financial suitability and why did this show that they were no suitable?

A
  1. References
    For the contractors that we had not worked with before, or had not worked with for some time, we asked for a number of references from previous clients who had similar projects and scopes of work.

We contacted these references and enquired about their performs included financial stability and payment practices. Unfortunately the nominated contractors could not provide references of similar sized projects, which did not provide confidence that they would be able to take on this contract.

  1. Financial Statements
    I also reviewed the contractors’ financial statements to check if they would have the financial capabilities of managing the monthly demands.

Unfortunately, this also showed that the nominated contractors would likely struggle in this aspect due to what appeared to be poor operating cashflow.

It was on the basis of these issues, that we advised the client to remove them from the tender list.

44
Q

What were the monthly cashflow demands?

A

I believe the average cost to the client would have been around £50-55,000 + VAT per month.

45
Q

Why did you feel that post-tender interviews were required?

A

Once I had advised the client that the lowest submitting tender should be removed, we were left with two contractors that were very closely matched in terms of contract price.

I recommended using interviews to help the client understand in detail, which tenderer was best suited to the project.

it would also provide the opportunity to ask questions about the tenders and programmes that had not been clarified.

46
Q

What was the process of the post tender interviews?

A

I initially discussed the interview process with the clients to explain that the structure and general line of questioning should be agreed before the meetings, barring any specific queries.

We agreed the structure and questions that both contractors would have to answer, plus any specific questions.

The interviews were conducted via Microsoft Teams. Following the interviews I provided minutes to the client as well as a recommendation.

47
Q

What is the critical path?

A

The critical path is the sequence of tasks that must be completed on time for the project to be finished on schedule.

48
Q

What is clause 2.7 of the JCT Minor Works Contract?

A

2.7 allows for reasonable extensions of time when a delay occurs for reasons beyond the contractor’s control.

49
Q

You mentioned extend preliminary costs, what are these and were they included?

A

Extended preliminary costs are costs that a contractor may claim for if a construction project is delayed through no fault of their own.

These are also known as prolongation costs and usually cover site management, welfare facilities and any plant hire such as scaffolding.

No, the contractor did not claim for any prolongation costs.

50
Q

What would you expect to pay for the preparation and decoration of one timber window? And one timber door?

A

In London I would expect an average cost of around £250.00 + VAT for a window and around £300.00 + VAT for a door.

51
Q

Why did you feel a letter of intent was required for this project?

A

Following the selection of the contractor, the client was keen to make some progress so that works could start as soon as possible.

So it was agreed to use a letter of intent so that the contractor could secure resources and make necessary preparations while the final contract is being negotiated.

52
Q

What information did you include within the letter of intent?

A

The LOI included clauses regarding the contract documents, agreed costs and time frames.

However, most importantly, it included a clause to confirm that if the works were cancelled at any stage between the issuing of the LOI and signing of the contract, the Contractor would be reimbursed for any expenses incurred in relation to works.

53
Q

What should be included in a Pre Qualification Questionnaire?

A

PQQs typically include a series of questions and requests for information regarding the bidder’s financial stability, technical capabilities, experience, quality assurance procedures, compliance with regulations and health and safety.

54
Q

Why did Contractor A not include the full extent of the scaffolding?

A

When questionned on this, the contractor confirmed that they have qualified the top lift of the scaffolding, to be priced seperately once the full extent of repairs could be confirmed.

However I explained that works were required as they had been identified via a drone survey, and a price should have been submitted for this element.

I attempted to negotiate the inclusion of the full scaffold in their price but they informed me that this had not been allowed for and they would need to charge for it. Which ultimately meant that they were not adhering to the terms of the tender.

55
Q

Under the contract, when must you respond to EOT requests?

A

In the JCTMW contract, there is no time limit for the CA to responde to a contractor’s extension of time request. However, it is suggested that it should be done as soon as possible.

56
Q

Why is it important to include an extention of time clause in the contract?

A

To preserve the employers right to liquidated damages in the event that the contractor fails to finish on time, due to relevant events.

If there was no provision to grant an EOT, and delay was caused at least in part by the employer, this would breach the contract and the contractor would no longer be bound by the completion date and the employer would lose the right to LADS.

57
Q

Is there any RICS guidance on tendering?

A

Yes, the RICS Tendering Strategies 1st Edition.

58
Q

What are the dangers of a Letter of Intent?

A

Letters of intent (LOIs) can be risky if not used with caution. Dangers can include:
- The Letter of Intent may not be binding.
- It comes with risks that the client should be advised of.
- The full contract may not be signed.

59
Q

What repairs to bricks were required and how were they carried out?

A
60
Q

Why did the balconies require a new liquid plastic covering and why did you opt for liquid plastic?

A
61
Q

What is the recommended preparation for decorating metal and the recommended application?

A
62
Q

What is the recommended preparation for decorating timber and the recommended application?

A
63
Q

What was included in the pre information plan at prebend mansions?

A
64
Q

How did you determine that two of the contractors included in the Prebend Mansions tender, did not have the financial resiliance required?

A
65
Q

How did you address/compare tenders during the tender period at prebend mansions?

A
66
Q

Why did the contractors submission for Prebend Mansions raise concerns regarding the ability to complete works to a satisfactory standard?

A
67
Q

What were the typical rates and comparative prices for the timber/general decorations at prebend mansions?

A

The average return of the other returning contractors worked out at around £125 - £150 per window and door.

68
Q

Why did you suggest a 22 week programme?

A
69
Q

What relevant events would justify an EOT under JCT MW16?

A
70
Q

What does clause 2.7 state in the JCT MW16 Contract?

A
71
Q

At what point in the contract did you review the contractors EOT request?

A
72
Q

When should a review an EOT request be carried out?

A
73
Q

Would the weather delay at prebend mansions have allowed the contractor to claim for loss and expense?

A
74
Q

Why did you try to revise the programme with the contractor, following their EOT request?

A
75
Q

Why was the collar joint work considered to be a critical path activity?

A
76
Q

Why was it relevant fro your assessment of the EOT request, that the delay was in the latter stages of the project at prebend mansions?

A
77
Q

What are extended preliminary costs, when can they be claimed and were they included at prebend mansions?

A
78
Q

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

A