Conversation Questions Flashcards
What were some BC conditions on your project?
Waiver of modification of the Building Code:
Stormwater Soakage System:
The property owner must maintain a stormwater system as per Council guidelines, with Council oversight and the ability to enforce compliance through an encumbrance registered against the land.
The typical one:
Under s.90 of the Act, agents (staff and contractors) authorised by the Building Consent Authority are
entitled at all times during normal working hours or while building work is being done, to inspect the
building work and ensure the provisions endorsed on the building consent are being carried out.
What were the conditions of engagement of the Architect in your project?
Normal as per AAS. Some stages were tbc until revised AAS
150m2 family home
$1.12M Dollars excl gst
18 months
No special conditions
What was the basis of the employment of other consultants in Apple Shed?
Decide who is needed from brief
Seperate consultants.
Non-engagement of planner - working within rules
We noted that from our previous experience the RFQ is reasonable. Stick to the facts
Let clients decide
Discuss the benefits and pitfalls of other strategies? (engagement strategies?)
AAS has a clear Architect role and defines responsibilities of Architect
CCCS has to use appendix to make roles clear
Tell us about copyright in the contract?
AAS VS CCCS
Architect owns copyright and gives the client a license to use if Agreement if followed
What were the roles and responsibillties of the parties in apple shed?
NZRAB terms of engagement
AAS’s scope of services shows responsibility clearly
Tell me about the “As Exisitng” Drawings for Apple Shed
Property file:
Old plans.
“Sunlover Module”
Approved 1978 (permanent homes ltd)
Measurements in feet and inches
Missing council information of the prefab extension
Garage has the most documentation incl RC (2011) - Versatile Buildings
Easements and ROW in the DP
Discuss the process of information gathering including use of specilist consultants?
GIS/Unitary Plan Rules
Branz Maps
Client documents
Brief
LIM
DP
Property File
CCTV
Surveyor
Geotech
Site Visits
Photos and Videos
What was the design development process like?
Design Development followed from sketch design to more and more detail. Once at Developed Design, the design should be mostly resolved including a layer of technical information (e2 risk matrix, g7 etc)
Tell me about the consideration of sustainability in the project?
Both SGA and Client were interested in Sustainable Design.
Mitigation of energy demand through:
Thermal Mass
Shading Devices
Proclima System - internal intelligent air barrier
Ultra-Low Emission Burner
PV system with Tesla Batteries
Water re-use
Were there any special environmental effects you had to consider and weathertighness issues?
High Wind Zone (Risk Matrix)
Flashings to suit
Direct Fix Cladding Okay
Climate Zone 1
Overland Flow paths (no assessment needed due to covenant/easement and stormwater report)
Earthquake zone 1
Corrosion Zone C (to do with Durability) (fasteners etc)
Explain your presentation and client response process
Generally:
a face-to-face meeting
meeting minutes
send presentation over email with minutes
Client email feedback
SGA email response
Request for permission to go to next stage
Feedback captured in next stage
Typically 50% and 100% presentations
50% presentations didn’t occur for Concept and Developed Design for Apple Shed
Preliminary Design Presentations did not occur face-to-face.
Why did you go for the presentation methodology you did?
Two fold:
-For client communication (Renders)
-For us to design precisely (BIM)
Best ways of communication. Some clients have limited technical understanding
Sketch design for speed
Workshop details for clarity
BIM allows us to coordinate with consultants in more efficient manner
Alterative sernarios. What if the clients wanted to push the RC? Bigger building coverage etc
Firstly look at H20 Waitakere Foothills Zone
Activities that do not comply with Standard H20.6.4(1) (300m2 max) are a restricted discretionary activity provided that the total building coverage on the site does
not exceed 25 per cent of the net site area.
Building coverage that exceeds 25% of the site area is NC
Communicate to the client that RC would be needed. Time + cost
Alterative sernarios. What if the clients wanted to operate a small farm, and add a farm building? What about a restaurant?
Farming is a permitted activity
Consider Building Coverage if a Barn is needed
Restaurants are are RD/D
Double Check with Council Planning desk
What does this mean for Building Coverage
Time and Cost added
RC. England Street. What do the new MDRS rules mean for your site?
Because there is a Special Character overlay it most likely will mean MDRS will not apply
Special Character Zones are considered Qualifying Matter
WOULD CHECK WITH COUNCIL AND PLANNER
Have you done a RC from the start before?
Be honest. Limited experience. Amendment done for England Street.
Worked on BCs that needed RC but only worked on BC
Worked partially on RCs
Discuss the process of co-ordinating and checking consultants work
timelines and availability are checked early on when RFQ goes out
Sharing our own timelines
SGA Checklist
Kick-Off meetings if required
sometimes 30,60,90% check-ins
Calls and Email follow-ups
Sketch details and mark-ups
Read all documents from Consultants
Consultants can stamp our drawings (JMA)
All client and consultant correspondence documents are clearly
labeled and stored in the SGA filing system.
Our job is not to supervise other consultants
Discuss the role of other consultants particualrly in generating budgetary information
QS:
Quantity surveyor’s report came back higher than original estimate
Meeting held with clients to discuss higher costs, potential reasons, and value engineering options. (Communication)
Project architect proposed Early Contractor Involvement (ECI) to mitigate unforeseen costs and allow for cost-saving construction methodologies
Some engineering decisions for budget reasons (steel portal removal)
Tell us how the SGA estimate and QS esntimate differed?
QS estimate higher
QS P&G higher
QS estimate had excluded some items as options when compared to SGA estimate
Pool Size difference adds cost compared to SGA estimate
I did a mark-up of QS estimate with DS help
Meeting held with client to discuss
Were there any special or specific conditions in the AAS?
No - no special condiditons
Some stages initially TBC (limited services)
Discuss the properties of the materials selected, details of their use and options for detailing common junctions and penetrations.
Desired aesthetics and preferences from prev stages/brief
Previous projects/precedents.
Sustainability (concrete thermal mass)
Site conditions, durability, maintenance, budget, and client preferences.
LRV
Codemark
Manufacturers, suppliers, and consultants.
Hidden gutter
Direct Fixed
6mm and 4mm shadow lines
E2 details
Discuss the structure of the drawing set
Bigger Scale to Smaller
In Order of Construction
A-00 - Plans
B-00 - Elevations and Sections
C-00 - Scheudles and Specialist Drawings
D-00 - Details
Schedules, stairs, pool and fireplace details are usually in Section C for ease of transfer.
Details in XYZ form
X- Ground/Floor Details
Y - Walls and WIndow details
Z - Roof Details
Sketch some typical details
Fasia with corrugate, window head and jamb
Discuss Building Act, MBIE determinations, building consents
Discuss the Building Code and Approved doucments
Building Regulations 1992 Schedule 1
Apple Shed used used Acceptable Solutions and 2xDeterminations
Review documentation covering applications and approvals
BC Usually needs:
-Drawings
-Spec
-COW (Form 2A)
-CoT
- Council Checklist
-Form 2 - Application
-Agreement to provide PS
-Any determinations
-Letter of Authorisation
-PS1s
-Survey
-Geotech Report
-Civil Reports (Stormwater, Effluent)
- Structural Engineer documents (COW, Calc, PS1)
Discuss the Quality Assurance processes you took with your project
Early research on products
50% and 100% Architect “Red Pen” Mark-ups
SGA Templates
Archicad templates
Defined Filing Systems
Record keeping
Clarifying in writing
Site Visits/Observation
What were the notable specific conditions of contract in your project? Including insurances, bonds, liquidated damages, and retentions
- CRC
- 5% to $50,000 max retentions
- Client supply items
- Client Contract Works Insurance
- 40/60 retentions
- Site possession on 3rd of August
- Prime cost and Provisional Sums allowed for
- Contenigency Sum allowed for
- Time for completion in stages (no PC date)
- No liquidated damages
- Construction prgramme to be received at 1st Payment Claim
- Offsite payemtns only allowed for: Cabinetry + Aluminium Joinery
What happens if there is a mistake in a tender?
Advise Tenderer before Acceptence of tender. Tenderer can widthdraw or honor tender summary (can they fix?)
What was the tenderieng process that your project took?
ECI/Negotiated Tender
Was there any evaluation of the tender summary?
Some back and forth from both SGA and Crate, to clarify tags, inclusions and exclusions.
Compare against QS estimate
What were the specific/special conditions of the SCC?
- CRC
- 5% to $50,000 max retentions
- Client supply items
- Client Contractor Works Insurance
- 40/60 retentions
- Site possession on 3rd of August
- Prime cost and Provisional Sums allowed for
- Contenigency Sum allowed for
- Time for completion in stages (no PC date)
- No liquidated damages
- Construction prgramme to be received at 1st Payment Claim
- Offsite payemtns only allowed for: Cabinetry + Aluminium Joinery
Why was retention maxed out at $50,000 and why was the renteions 5%?
We have commonly done this only with contractors we know/have worked with before, only with client approval also based on the size/scope of project.
Given that if a builder is working on say a 8-10% margin they get no profit all all during the typical 10% retention contract period.
Payments are made around 20th of following month so the client has that time cover, being “behind” on payments as more work has been done before they pay if there should be some issues.
Gospel according to DS…
What are the implications of the Contractural Mistakes Act?
Why was Crate chosen as your selected contractor?
Gave the Facts to the client:
Availbility
Previous working relationship
Happy to do ECI
Disclose Conflict of Interest
Client chose to go ahead with them
How were site meetings dealth with for this project?
Site meeting every month before payment claim
Notes from prev meetings analysed
List of discussion items compiled
Special Site vists not needed
Site minutes distributed
Talk about how site observation occured for this project
Observation to see generally if details have been built to contract doucments
Talk to Site Foreman about any issues
Observe H&S
Minutes
Were there any shop drawing approvals for this project?
Cabinetry Shop Drawings only.
Window shops were reviewed in person with the contractor (next door). We noted the items to contractor and they sent an email to the window manufacturer
Kowhai Garage had window shop drawings. No disclaimer added to either
Say what you know about shop drawings
10 days
Disclaimer
Talk about window joinery at England Street
Talk about any guarantees in this project?
Built-In 10 year guarantee.
A result of bank request
10 year implied warrntee under the Act
Talk about insurances in the Apple Shed project
Contract works - client
Plant - Contractor
Public Liability - Contractor
Motor Vehicle - Contractor
Demolition costs were insured - presume for minor dwelling ($113,200)
We asked contractor for renewed documents
How did the contract instructions process work? Can you give us some examples of this?
ADs - 31 ADs sent
Examples:
Bathroom Change - client request
Minor dwelling framing - contractor discovery
Entry pathway
A: Direction – Action immediately or information only
B: Action immediately- Price to follow.
C: Price Request only- Do not action unless directed.
How were variations dealt with in the project?
Variations managed through Architectural Directions (ADs) and Variation Schedule.
Clients informed of variation costs through ADs and Payment Schedule (not variations schedule)
Contractor’s cost-actuals document provides breakdown of costs related to variations per claim
VPRs and VO
What were the contingency sums in the project?
2.5% fluccuations and 5% contingency in SGA estimate
7.5% in QS report (but we asked to redcue to 5%)
7.5% Contingency + fluctations allowance in tender summary
Explain the progress payment certication process for this project
Observation
Payment Claim recevied
Evaluated asap
Judgement made
Schedule to all parties
No client amenedments
Contractor sends invoice
Client pays
How did you make a judgement on if sums were certifyable.
Site photos
Invoices
Any missing invoices
Clarifcations with the contractor
Judgement
Impartiality
Explain practical completion process
-
What information is needed for CCC?
As per the Contract - this is also answered on another card so remeember!
Who applied for CCC?
Contractor on clients behalf, although it is the clients responsibility
Why did defects laibility period take so long in the project? ( around 6 months)
Covid delay, defects not complete on time, deffered works too much longer than expected
And covid level 4
Client wasnt too happy!
How did this project deal with the HSAW Act?
S36, S39
HSID reports
Contractor Site Specfic H&S plan (requested at Pre-start meeting)
What would you do if there were disputes with payment on this project from the contractor side?
Contract terms:
- Either the Principal or the Contractor can inform the Architect.
- The Architect must respond in writing within 10 working days.
- If there’s dissatisfaction, mediation is initiated.
- Mediation request must be in writing within 30 working days.
- Mediator’s decision binds unless rejected within 10 working days.
- If no mediation or settlement in 30 working days, dispute goes to Arbitration.
- Arbitrator appointment within 15 working days.
- Arbitrator’s decision is final and binding.
What would you do if there were disputes with payment on this project from the client side?
Same as the if there were disputes form the contractor side. Refer to other cue card
Discuss different types of Business models? Which one would you start with? Which business model do you see yourself working with in 10 years time and for what reason?
Sole Trade
Partnership
Co-Operative
Joint Venture (only temp)
Limited Liability Company
in 10 year with emplyees a Limited Liability company would be best
Explain PAYE, GST in relation to audit, tax, insurance and salary purposes
Not an expert - would get an accountant
You have to fulfil your legal obligations
Keep a serpate bank account for business costs
Talk through the professional indeminity insurance at SGA?
Hold PI of 2,000,000 for any one claim or 4,000,000 in aggregate
Where can you find information and support if you are starting a business?
NZIA support, colleauges etc
business.govt.nz
Practice Notes!
banks can provide you with a buiness plan
So can NZIA
Generally how does SGA comply with the Law?
The Registered Architects Rules (2006) state that ‘a registered architect must abide by the professional codes of ethics and conduct and laws in force in the countries and jurisdictions in which he or she provides professional service.’
Understanding there are a number of Laws that have be be complied with.
Keep up to date with Law changes in relation to business and the construction insdustry
- Registered Architects Act 2005
- Registered Architect Rules 2006
- Copyright Act 1994
- Consumer Guarantees Act 1993
- Fair Trading Act 1986
- Arbitration Act 1996
- Privacy Act 2020
- Goods and Services Tax Act 1985
- Health and Safety at Work Act 2015
- Resource Management Act 1991
- Building Act 2004
- Construction Contracts Act 2002
What are the Quality Assurance methods that SGA practice? (Section F)
Templates
Record Keeping
Filing Systems
Office Manager handling financial obligations
Staf meetings
Mark-Ups
Monday.com
Office manual
Why was there a Built-In guarantee if
Schedule G1 warranty was signed applied already?
Because the majority of banks now require this extra protection in the form of a 10 year guarantee
If the builder defaults it is more beneficial to have a guarantee than warranty
What is the most difficult situation you have dealt with in work?
Apple shed Bank
Apple shed Deferred works
Apple Shed Pool Plaster Colour
Increase from 150m2 to 160m2?
Extension of covered deck/outdoor room
What if your client is a builder?
Owner Builder Provisions would not apply as a builder would presumely is LBP
What are the risks?
Less control because builder/client would have greater say
Presumely builder/client would be project managing
Design build and not admistering
Automatic ECI
Automatic Limited Services
Talk to insurer and colleagues to see if any risk
Arguments/disputes may be hard to resolve.
Are you confortable with working with this paticular builder/client?
Will you be happy with the result?
Why is England street being observed, what does the contract say? Does it have a disclaimer?
Check this
Why is public liability standard of 5,000,000 (standard amount in pro Forma) reduced to 2,000,000 in your SCC?
Generally 2million is carried by smaller builders. SCC 2018 had 1,000,000 but 2023 will have 2,000,000. Because the broadfofm liability (public liability) that Crate carried was only 2,000,000
Why is Crates third party vehicle insurance so high?
10,000,000 is high yes when contact only requires 2,000,000
Did you only get Built-In guarantee after banks requested it?
Yes
What would you do if a builder wants a bond?
Clients Bond? - Typically if developers
Understand requirment for Bond and inform principal
Same if other way around (and its more common)
(three types of bonds:
-Contractor performacen bond
-Principals Bond
-Bond in Lieu of Retentions)
What were the main adverse affects on the England Street AEE?
Special character zone
Earthworks exceeded
Building Coverage exceeded
Impereable Area exceeded
Minor HIRB
Water discharge???? (Maybe don’t mention)
Lots of other stuff. Look into this in depth
What was your response for Oratia insurance requested to be taken out by Contractors?
Clients broker advised contractor to take out Contract Works Insurance
We noted this may lead to grey areas
The client extended their insurance to cover the works.
We are not insurance experts
Should we have advised this?
We weren’t advising we kept to the facts. “In our experience….”
WE SHOULD HAVE SENT A LETTER USING PRO-FORMA GUIDE-LETTER IN PRACTICE NOTE 9.410
Why was Schedule E2 not included in the contract? (PS3)
Perhaps should have been. But usually Schedule E2 (PS3) are required in the format that the council requires. They may not accept the E2 schedule
Did your project come within budget?
Slightly above from Tender Summary
Tender Price: $1,131,585.56 Excl GST
Final Payment: $1,262,413.73 Excl GST
Difference: $130,828.17
Why did you send the letter of acceptance early
Letter of Acceptence should only be send once agreement of client has been obtained for the Final Tender Summary
Apple Shed Letter of Acceptence was sent without any record of the client agreeing to the final summary
Why was your CCC before Defects liability certificate ???
Defects liabiliy certifiate should only be send once ALL the defects and deffered works are complete
We waited until december for all defects/deffered works to be completed
Because defects didn’t affect compliance (Pool cover, light angle, marks on walls) CCC could be obtained before hand
In reality after the final inspection and all compliance items have been finalised, then CCC can be granted. the council doesnt care about non-compliance items such as a light being the wrong angle etc)
Letters to bank - what were the procedures you took to avoid liability here. Read up on practice note
We stuck to the facts and wrote about our obligations under the contract (observation role)
There is a proforma from NZIA that could have been used for the bank letter. Bank Funding Statement (PN1.227)
What is your understnaading of the Contract Works Insurance provision that you described to the clients when their bank argued that the Contractor needs to take out Contract Works Insurance?
From SCC: Contract Works insurance
1.1 The Contractor shall effect insurance in the names of the Principal and the Contractor.
OR
The Principal shall effect insurance in the joint names of the Principal, the Contractor and
subcontractors.
We opted for the latter as there were exisiting works on the property - to avoid grey areas
WHy did you recommend the principal talk to the house movers regarding insurnace?
“Once you have your Contract Works insurance in place it is recommended that your broker also have a chat to the minor
dwelling moving company to get an accurate description of the job (they might want to discuss the equipment being used,
estimated time of the move etc.”
Insurance requirements incase something goes wrong. Who’s insurnace pays, the movers or the clients? Have this sorted before any work starts
How was quality managed in your project?
Early research on products
50% and 100% Architect “Red Pen” Mark-ups
SGA Templates
Defined Filing Systems
Record keeping
Clarifying in writing
Site Visits/Observation
How was time managed on your project?
Design:
AAS cover letter showstime estimates
Practice Meetings (support needed)
Team meetings
Project work plan
Set internal deadlines
Keeping Clients informed - proress sets
Consultant requests for timelines
Sharing our timelines with all parties
Designing within Unitary Plan
Monday.com
Practice manager
Knowing how many hours allowed for
Construction:
Keeping parties informed through:
Requesting contractor timeline (on SCC and pre-start meeting)
Emails
Meeting Minutes
ADs
Contractor provided timeline