CPD Flashcards

1
Q

Can you tell me what a S.105 agreement is?

A

A S.105 under the Housing act the council has a legal obligation to consult its secure tenants on matters of housing managment such as demolition/ changes.

These consultations are carried out where development proposals may have impact on council tenants on secure tenancies,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Can you tell me what a section 106 agreement is?`

A

Known as developer contributions, they are a legally binding contract between a local planning authoiruty and and developer/owner that aims to mitigate the impact of development on the local community and infrastructure.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is Passivhaus?

A

Passivhaus is a way of achieving comfot without any requirement for additional heating and cooling.

This is achieved through:
- accurate design modelling
- high levels of insultation
- extremely high performance windows with instaulated frames
- airtight building fabric
- thermal bridge free construction
- a mechanical ventilation system with highly efficient heat recovery.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does NABERS stand for and what is its benefits over other environmental acredititions?

A

National Australian Built Environment Rating System

  • star rating

Benefits
- assesses the actual performance of a building as opposed to the theoretical
- 12 month renewal - keeps the rating upto date
- More holistic and broad assessment than others in categories such as Energy, water, waste and indoor environment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the typical form of construction of a tudor building?

A

Tudor - exposed timber frame often coloured black, white washed wattle and daub. Steep thatch roofs. lead casement windows.
- Georgian

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is a facility agreement?

A

It is a contract that sets out the terms and conditions of a loan, this is often used when funding developments.

A facility agreement may include:
- the loan amount
- how the loan will be released
- contingency expenditure
- drawdown process
- conditions precedent for loan to draw
- who the facility agent is?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is a faciity agent?

A

They manage the loan process and facility agreement. In the case of monitoring - we would report to the facility agent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the process for public sector procurement?

A

This is governed under the

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the updated requirement for Public Sector Procurement?

A

The Public Contracts Regulations 2015 when the employer is a public entity and the contract value exceeds a threshold of around £5.3mil for construction works.

The selection process is normally required to be preceded by issuing a notice on Find a Tender which has replaced the Offical Journal of the European Union (OJEU) since leaving the EU.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the difference between CDM PD and BSA PD?

A

CDM PD is for designing out health and safety risk, BSA PD is for designing to comply with the building regs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When can BS PD and CDM PD not be the same person?

A

When CDM PD is not the lead designer on the project. BSA PD is required to be the lead designer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How can yoy identify Knotweed?

A
  • Tear shaped leaf
  • Red stems
  • zig zaged stem shape
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What should you consider if identifying knotweed?

A

Grow periods
- during winter and autumn the plant dies away and is very difficult to spot
- summer/spring it blooms massively and takes off

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the enforcement notices that can be issued by the BSR?

A
  • a compliance notice when a duty holder contravenes, or is likely to contravene, a provision of building regulations;
  • a stop notice when building work contravenes a provision of building regulations and the use of the building would present a risk of serious harm to people in or around the buildings, or where work is taking place without Building Control approval, or a compliance notice has been contravened;
  • a notice requiring alteration or removal of offending work can be served where building work contravenes a provision of building regulations.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are collateral warranties and third party rights and how do they differ?

A
  • Collateral warranty are agreements which are associated with a primary contract, extending the duty of care from one of the contract parties to a third party
  • Third party rights will relate to particular terms within the contract e.g. if a term says the contractor has to use materials of good quality, this may be the subject of a third party enforcement right.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the benefit of third party right over Collateral warranties?

A
  • Time and cost - third party rights can be incorporated into building contractrs with a simple notice avoiding the need for detailed agreements.

Collateral warranties are seen as more effective and mirror the contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are some typical inclusions within a collateral warranty?

A
  • PII insurance levels (usually match that of the contract)
  • Assignment clause
  • liability limitation
  • time period (12 years)
    etc
18
Q

How has the moderistation of the construction industry aided in the reduction of greenhouse gas emmisisons?

A
  • Modern Methods of Construction : Prefab, modular
  • Lean Construction - Minismising waste throughout the project through careful planning etc.
  • Digitisation - such as the use of BIM modelling
  • Low-carbon sustainable materials - hempcrete, carbon sequestrial mateirals
19
Q

What is Stage 1 and Stage 2 drying?

A

Stage 1 - slow drying ensuring moisture remains in flow
Stage 2 - water flow evaporates and prevents proper flow

20
Q

What are different management categories of knotweed?

A

A - Causing damage to the property
B - in close proximity to the property but no current damage
C - present on site
D - offsite within 3 metres

21
Q

What is solving a dispute adversarial as opposed to by consent?

A

Adversarial are resolution methods such as:
- litigation
- adjudication
- arbitration
Both parties against each other to reach resolution

By consent
- mediation
- negotiation
Both parties working together to reach resolution

22
Q

What is the difference between adjudication and arbitration?

A
  • adjudication is quick with a set 28 to 42 day timeframe. Adj is also not completely binding and can be overturned by arb or litigation.
  • Adj only focuses on the specific issue at hand. Arb reviews all information available and will input on variety of interrelating technical and legal matters.
  • Arbitration - is a final bindng resolution that can takes consideraly longer similar to court. Arb provides more flexibility in terms of timeframes etc
23
Q

What is Novation?

A

Transfer of contractual rights and obligations transfer from one party to another.

24
Q

What is assignment?

A

Tramsfer of contractual benefits from one party to another.

25
Q

What is an alternative to novation?

A

Consultant Switch terminates one contract and starts a new contract without alterating the contractual history.

26
Q

Why is two stage procurement popular with contractors?

A
  • provides less risk and more cost certainty
  • less costly tender period
  • provides a better understanding of the project
27
Q

What is the penalty for breach of the data protection act and who enforces it?

A

£17.5m or 4% of annual turnover whichever is higher.

Information Commissioners Office

28
Q

What is the difference between NIA, GIA and GEA?

A

NIA - Usable space internally
GIA - All internal area
GEA - Area of entire building including external walls.

29
Q

What is IPMS?

A

International Property Measurement Standards

Three different measurements for Office 1,2,3 which relate to GEA,GIA and NIA respectively.

IPMS 3 Office measures the floor area available on an exclusive basis to an occupier, excluding standard facilities and shared circulation areas calculated on an occupier by occupier or floor by floor basis.

30
Q

How often should you calibrate a disto and what are its tolerances?

A

Calibrate once a year or more in warm weather and if you drop i.

Tolerance is +/- 2mm.

31
Q

What are the main JCT Contract Types?

A

MW
IN
DB
Standard
Major Works
Cost plus

32
Q

What are the key changes to JCT in 2024?

A
  • Gender Neutral language
  • BSA act changes - incorporation of BSPD and PC roles
  • extended limitation periods to 15 years
  • Pandemic clause
  • EOT review period is going from 12 to 8 weeks.
33
Q

What is the difference between a rule and a principle?

A
  • A rule is imposed externally and must be obeyed otherwise you will get penalised.
  • A principle are internal, and make you do what yoy think is right.
34
Q

What are other forms of contract and what do they do?

A

NEC - New Engineering Contract often used for civil engineering projects.

FIDIC - iNTERNATIONAL FEDERATION OF CONSULTING ENGINEERS - again used for engineering and more common in Europe

35
Q

How do you qualify under the transitional arrangements for the BSA 2022?

A

Initial notice must have been given and accepted prior to 1 Otober 2023

and work must have been sufficuently progressed by 6 April 2024

36
Q

What is the Market Conditions Index?

A

when this number is high costs drop against price for works

or

When this number falls or is low the costs rise against the price.

37
Q

What are the different notification procedures when commencing a project under the Building Safety Act 2022?

A
  • Gateways 1 - planning
  • Gateways 2 - prestart plan approval
    gatewats 3 - pre-completion sign off
38
Q

What types of cladding are there?

A
  • Rainscreen
  • ACM
  • Curtain Walling - unitised or stick system
  • Brick systems
  • Render systems
39
Q

What is the difference between a dry and wet lab?

A

Wet labs are for manipulating liqiuds, biological matter adn chemicals whereas dry labs are for more computational science, physics and engineering.

40
Q

What are some of the sustainable accreditations used in the UK?

A

BREEAM - Pass to Outstanding
EPC - A-F
NABERS - Stars 1-6
LEED - Certified to platinum

41
Q
A