Case Study Questions Flashcards
Given the last redecoration and repair were in 2012 what were the issues to contend with?
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.
What is a letter of intent?
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.
When and how are Letters on Intent used?
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.
Is a LOI binding?
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.
What are the implications if the contract falls through after the LOI?
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.
How did your inspection match up with the PMP report and costs?
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.
What is pre-construction information?
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.
Why is Pre-construction information important?
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.
What is a Health and Safety file?
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.
Who is responsible for the Health and Safety file?
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.
What is a section 20 notice?
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.
Should you have allowed the two other contractors to submit tenders based upon your concerns?
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.
Should you always accept the lowest tender?
No, accepting the lowest tender is not always the most suitable option, or one that provides the best value.
How do you keep contractors on side when submitting unsuccessful tenders?
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.
How and when do you report to unsuccessful contractors on the tender bids?
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.
What information do you give unsuccessful tendering contractors?
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.
What is JCT practice note 6?
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.
What is Alternative 1 of the JCT Series 2 Practice Note 6?
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.
What is Alternative 2 of the JCT Series 2 Practice Note 6?
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.
What is a qualified tender?
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.
What is a relevant event?
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.
What is a relevant matter?
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.
Why did you feel your inspection for the spec of works was insufficient?
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.
What is collaborative working under the contract?
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.
What is the relevance of the base date in the contract?
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.
When would you use sectional completion?
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.
Explain LAD’s. Are they enforceable without loss?
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.
What is a pay less notice?
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.
Large gap between last decoration in 2012. Why so long? What impact did that have on your spec and approach?
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.
How urgent were these works deemed?
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.
Did actual contract value meet estimated costs in PMP? If not, why not?
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.
You talk about the initial conversations you had with the client. What kind of questions did you ask? How was this communicated and recorded?
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.
