Commercial Management Flashcards
how would you manage / monitor overall project costs?
Cashflow:
- Updated on a regular basis e.g. following every valuation.
- Monitors actual expenditure vs. projections.
- Allows cost to completion exercised to be carried out:
o Actual + forecasted = Cost to Completion.
o Total – Actual = Remaining fee to spend.
Change Control Register:
- Records cumulative cost of all ‘changes’ on the project.
S-Curves
- Comparison of Baseline, Target & Actual S-Curves.
What is a cashflow and what does it do?
- Cost control tool: Monitors all costs associated with the project: cash inflows & outflows.
- Tool to identify whether the project is on budget.
- Breaks down the total cost of the project into individual elements, e.g. fees, build payments, insurance, contingencies, etc.
- Record of actual payments made to date.
- Identifies forecasted payments – fee projections.
- Helps outline financial requirements over course of a project and plan borrowing.
What would you see on a project cashflow?
Cumulative payments as a line
Periodic payments as a bar
- Background info:
o Cumulative value (y-axis)/project duration
o Time/payment date (x-axis)
o List of exclusions & assumptions.
- Financial info:
o Broken down into sections: Consultants fees / Contractor’s Valuations / IT / FF&E.
o Total Project Budget. o Expenditure to date. o Retention (3%).
o Inflation & VAT.
What does the HGCRA 1996 aim to do?
- Improve payment practices, ensure swift payments throughout the supply chain therefore = improving cash flow
- Improve dispute resolution – encourage the use of adjudication
What is its effect of the Construction Act on cashflow?
- Provide right to interim, periodic or stage payments.
- Requirement a mechanism for contracts to say what is required when
- The payer must provide communication on what they are paying / intends to pay
- A withholding notice must be given (pay less notice) if they do not intend to pay or pay less
- Provide a statutory right to refer disputes to adjudication
The Construction Act 1996 was updated by the Local Democracy Economic Development Construction Act (LDEDCA) 2009. - The Act applies to all construction contracts whether in writing or not
- Requirement for payments to be by instalments where contract is over 45 days.
- Parties free to agree the amounts for payments and the intervals
- Every contract must have a mechanism which shows what payments are due and when
What is an S-Curve (standard curve)?
- An S Curve shows cumulative costs e.g. labour costs / valuations against time over the duration of the project.
- Comprises 3 curves:
o The Baseline – created prior to the works starting. Shows the proposed allocation of resources and the timing of tasks;
o The Target – Produced following commencement. Reflects changes to the baseline;
o The Actual – Tracks actual progress of the project. Comparison to the target curve determines if the project is progressing within budget and on time.
What would payments being behind the curve imply?
This would imply that the project was behind programme or under budget.
What would payments being ahead the curve imply?
That the project was ahead of programme or the Contractor has been claiming for more than it was due/ ahead of when it was due.
What is a Valuation?
A detailed breakdown of the works and provides an appraisal of the cost of the works carried out to date.
Pre-cursor to issuing an Interim Certificate.
What is included in an interim valuation?
The valuation reflects works / orders completed and consist of:
- Preliminaries;
- Measured work;
- Variations;
- Provisional Sums
- Retention.
- Materials on-site;
- Materials off-site (vesting certificates req);
- Loss & expense;
What can you tell me about the valuation mechanisms in a JCT contract?
Alternative A – Stage Payments:
- Contractor applies for payment at agreed intervals (stages).
- The stages and their values are set out in the contract particulars.
- The stages are usually related to the completion of significant construction items e.g. substructure.
- There is no role for a QS under this option in DB 11 – it is a method of valuing the works that an architect / CoW could manage
- Payment is 97% of:
o cumulative value at the end of the relevant stage.
o valuation of any changes within stage.
o acceleration quotation acceptance (only applicable to Alternative A: may be clerical error).
o Fluctuations.
o value of off-site materials if listed.
Alternative B – Periodic Payments:
- Contractor applies for payment at agreed intervals (monthly).
- QS assesses Contractor’s interim valuation – CMT / Architect assesses quality of workmanship.
- Payment is 97% of:
o total value of work properly executed.
o total value of site materials.
o Fluctuations.
o value of off-site materials if listed.
There is an optional provision for advance payment in cl. 4.6 of JCT D&B 11 but this would need to be backed by a bond at additional expense to the Employer.
Other methods for Valuing the works – each form of Contract will specify the valuation method used for the purpose of interim payments.
- Stage payments – common on d+b projects
- Periodic payments -
- Milestone payments – type of stage payment where payment is triggered when a milestone is completed
- Third party certification
- Actual cost / Target cost
The contractor wants payment for materials off-site; what would you do?
- Request a vesting certificate: proof that ownership will transfer to employer on payment.
- Ensure insurance was in place until the materials arrived at the site.
- The materials are clearly marked for the site and set apart from other materials.
What does a Vesting Certificate do?
- A Vesting Certificate is a document showing proof of ownership of materials being stored off-site. It can describe:
o Held at the specialist’s works.
o Intended for delivery to the site.
o Do not have any ownership problems.
o Insured.
o Marked and set aside. - It also confirms that the goods or materials will pass into the legal ownership of the designated recipient as soon as the subcontractor receives payment.
What is included in a Payment Certificate?
Date info: - Date of Certificate. - Date of Valuation. - Contract date. General info: - Client details – Company, Name, Address. - Contractor details – Company, Name, Address. - CA details – Company, Name, Address. - Address of site. - Total Contract Sum. Payment due: - Gross value. - Less Retention. - Less previously certified. - Amount due (exc. VAT). Authorisation: - Director’s signature. Appendices - Letter from QS stating recommendation for payment; - Copy of QS Valuation Certificate; - Letter from CMP team stating that works to date are to the required quality. What happens
What happens if the Employer pays the Contractor late?
They must reimburse the interest.
What do you understand about the Fair Payment Campaign?
- The Fair Payment Campaign is an initiative by the National Specialist Contractors Council (NSCC) to reduce the use of retentions, ensure prompt payment periods of 30 days or less and promote the use of Project Bank Accounts.
- Designed to improve payment practices within the Construction Industry.
What do you think of Project Bank Accounts?
- I believe they are a positive idea as they prevent subcontractors having to wait for main contractors to process their payment, instead receiving it directly through a specific bank account.
- Clients save money also as sub-contractors can now in theory offer more cost-effective bids knowing that their cash flow will remain constant.
- Government drive to implement them.
What are the key drivers that influence the financial level of Contractor’s prelims?
- Length of contract.
- Location – accessibility, space restrictions, accommodation possibilities.
- Type of project – new build / fit-out, tower / single-storey.
- Size of project.
- Need for temporary works.
- Need for security.
- Parallel or sequenced working.
- Sectional completion.
- Level of Contractor’s design works
What is a Loss & Expense claim?
A claim by a contractor against direct loss and / or expense as a result of the progress of the works on-site being materially affected by relevant matters for which the client is responsible:
- Failure to give the contractor possession of the site; Failure to give the contractor access to / from site;
- Delays in receiving instructions;
- Failure by the client to supply goods or materials; Issues relating to CDM.
What is a cost plan and what does it do?
- Breaks down the total cost of the project into individual elements;
- Reports on all costs associated with the project;
- Breaks down the total cost of the project into individual elements in order for a contract sum to be identified.
- Defines contract sum;
- Identifies potential savings / required extras.
- Tracks tenders – allows comparison, tenders analysed against budget.
What is the content of a Cost Plan?
Executive Summary - AECOM role – to report on the significant movements in construction cost associated with the changes on the project. - Market conditions - the general economic decline has had a significant effect on the UK construction market, leading to a downward pressure on tender prices and reduced activity in the commercial market, increase in raw materials and energy costs. - Total estimated construction cost. - Summary in the movement of cost during the reporting period e.g. increases as a result of change; decreases as a result of Value Engineering exercises. - Risk Management update – Risk workshops have been held at various stages throughout the project & it is essential that the team review the principal commercial risks to the project and continue to actively manage the risks to avoid and mitigate them during the subsequent Phases. - The Risk Register will be continuously updated throughout the project. Summary of Cost Plan (£ allocated to each) - Service Diversions. - Construction. - M&E. - Fit out. - External Works. - FF&E. - Total. Detailed Summary (£ allocated to each) - Service Diversions o Ground Excavation. o Gas. o Water. o Electricity. o IT&S. - Construction o Substructure. o Superstructure – lower floors, upper floors, roof, stairs, external walls, internal walls, etc. - M&E o HVAC. o Plant. o Lifts. o Comms / IT. - Fit out o Wall finishes. o Floor finishes. o Ceiling finishes. o Toilet fit out. - External Works o Landscaping. - FF&E o Furniture. o Vending machines. - Total. Basis & Assumptions. Exclusions - VAT, building insurance, inflation. Risks & Opportunities Appendices - Procurement strategy summary. - Risk Register.
How can a cost report help to monitor & control the project budget?
- It tracks all issues relating to cost on the project:
o Budget, forecast cost, expenditure to date.
o Remaining expenditure for all areas of the project such as consultant fees, contractor valuations, surveys, FM costs, in addition to Variations / Changes (approved & unapproved) and Key Risks. - Identifies Final Account – outturn costs vs client initial expectations.
- Life cycle costing – total cost of a building from craAecome to grave.
How do you assess whether a project is on budget?
- Based on forecast transactions: Actual + forecast = Total Expenditure.
- Based on total: Total – Expenditure to date = cost to complete.
- Maintain updated cashflow (CATO = computer software for financial monitoring & forecasting)
- Cost reconciliation exercises.
- Use of S-Curves – shows cumulative costs / labour hours against time.
o Baseline – sets proposed time frame & budget.
o Target – Revised in accordance with the baseline.
o Actual – True reflection of expenditure against time. - Use of software e.g. Apic