Document Q's

Question 1

What are the RICS Rules of Conduct?

Answer 1

• They support positive change in the built and natural environments, through promoting and enforcing the highest ethical standards.
• The rules of conduct are based on ethical principles of honesty, integrity, competence, service, respect and responsibility.
• The rules of conduct set out five rules which provide a structure for making ethical decisions about how to behave as a professional.
• The rules apply to ALL RICS members and firms who are regulated by RICS no matter where they work, although firms and members must consider geographical legal obligations that apply to them.

Question 2

Why are the RICS Rules of conduct in place? What are the RICS Rules of Conduct?

Answer 2

• They support positive change in the built and natural environments, through promoting and enforcing the highest ethical standards.
• The rules of conduct set out five rules which provide a structure for making ethical decisions about how to behave as a professional.
• The rules apply to ALL RICS members and firms who are regulated by RICS no matter where they work, although firms and members must consider geographical legal obligations that apply to them.

Question 3

Why did RICS implement the new Rules of Conduct?

Answer 3

• A simpler structure. We have made it easier for RICS members and firms to understand our rules, providing more confidence for clients and the public.
• Clear examples. To help support members’ professional judgement, each Rule is illustrated with examples of how members and firms can behave to comply with the Rule. There are also 12 case studies showing real-life application of the Rules.
• Focusing on respect, diversity and inclusion. Whether it’s encouraging diversity and inclusion, or tackling modern slavery, respect and courtesy underpin all our professional ethics.
• Understanding evolving technology. The Rules highlight the importance of understanding the evolving use of data and technology, and the associated benefits and risks.
• Tackling global challenges. The Rules show that ethical practice by RICS members and firms has an important role when it comes to global challenges, including creating sustainable development and tackling climate change.

Question 4

What are the 5 rules that make up the RICS Rules of Conduct?

Answer 4

Rule 1 - Members and firms must be honest, act with integrity and comply with their professional obligations. including obligations to RICS.

Rule 2 - Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.

Rule 3 - Members and firms must provide good-quality and diligent service.

Rule 4 - Members and firms must treat others with respect and encourage diversity and inclusion.

Rule 5 - Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.

Question 5

Give some example behaviours of each of the RICS Rule of Conduct

Answer 5

Rule 1:

• Members and firms identify actual and potential conflicts of interest throughout a professional assignment and do not provide advice or services where a conflict of interest or a significant risk of one arises, unless they do so in accordance with the current edition of Conflicts of interest, RICS professional statement.
• Members and firms do not allow themselves to be influenced improperly by others (as a result of, for example, giving or receiving work referrals, gifts, hospitality or payments) or by their own self-interest.
• Members and firms do not mislead others by their actions or omissions, or by being complicit in the actions or omissions of others.
• Members and firms do not allow themselves to be influenced improperly by others (as a result of, for example, giving or receiving work referrals, gifts, hospitality or payments) or by their own self-interest.

Rule 2

• Members and firms only undertake work that they have the knowledge, skills and resources to carry out competently.
• Members and firms supervise any employees undertaking work for them and ensure that these employees have the necessary knowledge, skills and resources to do their tasks competently.

Rule 3

• Members and firms understand clients’ needs and objectives before accepting any professional work.
• Members and firms agree with clients the scope of the service to be provided and its limitations, and timescales for the work.
• Firms inform clients that they are regulated by RICS and that they may need to disclose records to RICS where required for regulatory purposes.

Rule 4

• Members and firms respect the rights of others and treat others with courtesy.
• Members and firms treat everyone fairly and do not discriminate against anyone on any improper grounds, including age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.
• Members and firms do not bully, victimise or harass anyone.

Rule 5

• Members and firms question practices and decisions that they suspect are not right, and raise concerns with colleagues, senior management, clients, RICS or any other appropriate person, body or organisation where they believe in good faith that it is necessary to do so. Firms provide processes to allow and support individuals within the firm to raise concerns with senior management.
• Members and firms support directors, partners, employees, colleagues or clients who have acted in good faith to report concerns.

Question 6

What CPD have you undertaken with regards to ethics?

Answer 6

• RICS ethics test.
• Private study – I have familiarised myself with the RICS rules of conduct for members and firms.

Question 7

What reasoned professional advise did the EPC specialist give to you client for the warehouse in Tottenham?

Question 8

What is your firms’ complaints handling procedure?

Answer 8

• Person who receives the complaint is to document it if made in writing including the time and date, but if made orally they must create a written record and then confirm with the person making the complaint that it is correct.
• Complaint is then handed to the job director who will pass it to our complaints handling officer Alex Brown, a Director in our Bristol office.
• The complaint will be reviewed and considered as soon as possible, but a full response or update with the progression of the complaint is to be given to the individual within 28 days.
• If an agreement cannot be made on how to solve the complaint then they individual has the opportunity to refer it to the Centre for Effective Dispute Resolution.

Question 9

Who are the Centre for Effective Dispute Resolution? What service do they provide for your complaints handling procedure?

Answer 9

• Independent non-profit organisation registered as a charity – provide ADR services.
• For Hollis they provide Adjudication services through their bespoke Independent Adjudication Scheme for the Royal Institution for chartered surveyors.
• Decision is not legally binding so plaintiff can reject the decision and then undertake litigation (court proceedings).

Question 10

What is a complaints handling procedure?

Answer 10

• Formal procedur for clients to raise a complaints. This may include ADR and relevant timescales for the process.

Question 11

What must a complaints handling procedure include?

Answer 11

• Stipulated as a requirement under professional obligations in the RICS rule of conduct appendix.
• A form to fill out
• Redress mechanism
• Details should be issued to clients with the terms of business
• Clear, quick, transparent and impartial and free of charge
• Names and contact details of nominated investigating person must be stated
• Complaint must be investigated within 28 days
• All complaints and progress and outcomes must be recorded
• Advise PI insurers of a complaint
• Two stages: 1 – consideration, 2 – referral to third

Question 12

Do all firms have to have a complaints handling procedure?

Answer 12

• Yes, it is a professional obligation that firms have to RICS and is stated in the appendix of the RICS Rules of Conduct.
• The RICS Guidance Note on Complaints Handling states what a complaints handling procedure should have.

Question 13

What is a conflict of interest?

Answer 13

• A conflict of interest occurs when an individual’s personal interests – family, friendships, financial, or social factors – could compromise his or her judgment, decisions, or actions in the workplace.

Question 14

What are the three types of conflict of interest according to the RICS Conflicts of Interest Guidance note?

Answer 14

• Party conflict: a situation in which the duty of an RICS member or a regulated firm to act in the interests of a client or other party in a professional assignment conflicts with a duty owed to another client or party in relation to the same or a related professional assignment.
• Own Interest Conflict: a situation in which the duty of an RICS member or a regulated firm to act in the interests of a client in a professional assignment conflicts with the interests of that same RICS member/ firm
• Confidential Information Conflict: a conflict between the duty of an RICS member to provide material information to one client, and the duty of that RICS member or of a regulated firm to another client to keep that same information confidential.

Question 15

How would you proceed if a client was insistent that you continued to work for them despite a conflict of interest?

Answer 15

• Check their understanding of reduced impartiality
• Seek letter of instruction to continue
• Agree working procedures to manage the conflict
• Keep them updated of any risks
• Seek informed consent

Question 16

What does informed consent mean?

Answer 16

Consent given willingly by a party who may be affected by a Conflict of Interest, that party having demonstrated that they understand:

1. There is a Conflict of Interest or a significant risk of a Conflict of Interest and;
2. The facts known by the RICS member that are material to the Conflict of Interest.
3. What that Conflict of Interest is or may be and how that a Conflict of Interest may affect the ability of the member or firm to advise or act fully in the interests of a client.

Question 17

What are ethics?

Answer 17

Moral principles that govern an individual’s behaviour.

Question 18

What does it mean to act ethically as a Chartered Surveyor?

Answer 18

Acting ethically means complying with standards and ensuring that you are acting on behalf of your clients best interests.

Question 19

If faced with a situation that you felt was unethical, how would you proceed?

Answer 19

• Reviewing the RICS Rules of Conduct

Using the decision tree:

• Do I have sufficient facts?
• Is the matter legal?
• Is it in line with RICS Professional and Ethical Standards?
• Have I consulted with appropriate people?
• Do I have clear reasoning in reaching my decision?
• Would I be content for my actions to be made public?
• If answered no to any of the above, I would not proceed with the situation alone and would consult senior staff with direction on how to proceed.

Question 20

You advised that the dilapidation claim should be revised following the landlord’s change of intentions for the property, what changes were these? How did it affect the claim?

Answer 20

• The landlord had confirmed that they wished to demolish part of the ancillary accommodation that had been extended in the past and was demised to the tenant under the terms of the lease so costs for decorations and plaster repairs works would fall away to these areas.
• Additionally, they wanted to replace the existing roller shutter door with an insulated sectional door, therefore the repair and decoration works to the door could not be claimed for.
• Finally, the roof was to be oversheeted hich would supersede cleaning work to the asbestos cement roof valueless.
• The reduction in the cost of the claim was £8,000 - £5K cleaning asbestos roof sheets, £900 decoration to the roller shutter door and £2,000 for the portion of the ancillary being demolished.
• Further to appointing a contractor for the works, I issued the pricing document along with a revised schedule of dilapidations with the confirmed costs and items removed the items that would be superseded. The preliminaries were calculated on a pro-rata basis of the contract sum which I confirmed to the tenant’s surveyor.

Question 21

What would you do if the client pressed you to not inform the tenant of their new intentions for the property and instead pursue the original dilaps settlement?

Answer 21

• I would decline and state that intentionally making false statements, if found out the tenant will be able to overturn any settlement reached on the basis of false statements. Additionally the landlord / surveyor in question could be investigated by the proper authorities and could be found of committing a criminal offence under the Fraud Act 2006. Under the act this would be deemed as false misrepresentation and could lead to conviction with a maximum 12 month prison sentence or to a substantial fine.

Question 22

What is the Dilapidations Protocol (The pre-action protocol for damages in relation to the physical state of a commercial property at the termination of a tenancy)?

Answer 22

• Protocol applies to commercial property in England and Wales.
• Sets out the conduct that the courts would normally expect perspective parties to follow prior to the commencement of proceedings.
• Establishes a reasonable process and timetable for the exchange of information relevant to a dispute.
• Sets standards for the quality of schedules and quantified demands and for the conduct of pre-action negotiations.

Question 23

What are the main objectives of the dilapidations protocol?

Answer 23

• To encourage the exchange of early and full information relating to a dispute.
• To enable the parties to avoid litigation by agreeing a settlement of the dispute before proceedings are commenced.
• To support efficient management of proceedings where litigation cannot be avoided.

Question 24

What is the full name of name of the dilapidations protocol?

Answer 24

The pre-action protocol for damages in relation to the physical state of commercial property at the termination of a tenancy.

Question 25

**What is the timeline in relation to the dilapidations protocol?**

Answer 25

1. Schedule issued by landlord/surveyor within 56 days after termination of the tenancy. 2. Quantified demand issued within 56 days after termination of the tenancy. 3. Tenant issues response within 56 days of receipt of the schedule. 4. Parties encouraged to meet on site on without prejudice basis 28 days after responding to the quantified demand. 5. Negotiations. 6. Quantification of loss. 7. Stocktake. 8. Court proceedings.

Question 26

**How does the protocol set out the standard / quality of schedules?**

Answer 26

* Schedule should set out all breaches, the works required to remedy the breach and associated costings. * Breaches should be separated into categories; reinstatement, redecoration, repair and statutory issues. * If the landlord issues schedule before termination of the tenancy they should: confirm the situation remains as stated or send further schedule within a reasonable time (56 days). * The schedule should be endorsed by the person who created it and the endorsement should confirm that in their opinion: 1. All works in the schedule are reasonably required to remedy the breaches. 2. Full account has been taken of the landlords’ intentions for the property. 3. The costings are reasonable.

Question 27

**What is a quantified demand?**

Answer 27

* A document that gives a summery of the claim but includes additional information that the surveyor may not be party to: 1. Details of the landlord, tenant and property. 2. Lease details. 3. Position regarding VAT. 4. Summary of known facts including the landlord’s intention for the property. 5. Summary of monetary sums. 6. Confirmation that the landlord and / or his advisers are happy to attend meetings.

Question 28

**What is the Health and Safety at Work Act 1974?**

Answer 28

* It is the primary / overarching piece of legislation for occupational H&S in the UK. * It sets sets out general duties which 1. Employers have towards employees and members of the public. 2. Employees have to themselves and each other. 3. Certain self-employed have towards themselves and each other.

Question 29

**What is the Construction (Design and Management) Regulations 2015?**

Answer 29

* Regulations that ensure the health and safety issues are properly considered during a projects’ development so that the risk of harm to those who build, use or maintain structures is reduced.

Question 30

**What are a client / employer's duties under CDM 2015?**

Answer 30

* Check competence. * Ensure management arrangements. * Ensure sufficient time and resources. * Provide PCI * Appoint PD where more than one contractor. * Appoint Principal Contractor where more than one contractor. * Ensure Construction Phase Plan is drawn up prior to works commencement. * Ensure there are adequate welfare facilities on site. * Ensure that H&S file prepared by PD (or PC). * Retain and provide access to H&S file. * F10 - someone else can on their behalf.

Question 31

**What are a designers duties under CDM 2015?**

Answer 31

* Eliminate hazards and reduce risk during the design stage. * Provide information about residual risks. * Ensure that the client is aware of their duties. * Provide information needed for the H&S file.

Question 32

**What are the principal contractor's responsibilities under CDM 2015?**

Answer 32

* Plan manage and monitor H&S on site. * Prepare and issue CPP. * Provide welfare. * Liaise with the PD. * Secure the site. * Provide H&S file if PD appointment ended sooner than completion of works.

Question 33

## Footnote **What are the Control of Asbestos Regulations 2012?**

Answer 33

* Regulations that impose legal duty on those who own, occupy and manage or have responsibilities for the premises that may contain asbestos. * Regulations state that the duty holder is responsible for managing asbestos: duty holder is the owner of the non-domestic premises or the person or organisation that has clear responsibility for the maintenance or repair of the non-domestic premises e.g a tenant through a tenancy agreement.

Question 34

**What is a risk assessment?**

Answer 34

* An assessment of identifying risks, determining their likelihood and severity and then eliminating or mitigating those risks to reduce their likelihood and severity if they do occur. * 3 key processes: 1. Identify all risks. 2. Decide the likelihood and severity of each risk. 3. Take action to eliminate the hazard or if not possible put in procedures to control the risk.

Question 35

**What are your employer’s lone working procedures?**

Answer 35

* Try to avoid lone working where possible, especially when attending vacant sites * Always ensure you have your company mobile phone on you at all times when working away from the office and the battery is charged * Always carry your personal alarm with you when working away from the office * Always attend site within working hours. Your line manager needs to approve any visits outside of working hours * Always make sure your calendar in Microsoft Outlook is up to date and each business related appointment is listed * Advise your secretary if you attending site and are lone working - attending site without a Hollis colleague * You must contact your secretary once you have safely completed your lone working appointment * If you were scheduled to return to the office but are not going to, call your secretary and advise

Question 36

**What is the RICS Surveying Safely Guidance Note?**

Answer 36

* Personal and corporate responsibility * Legal considerations and duties * Assessing hazards and risks * Property professionals places of work * Occupational health * Visiting premises and sites.

Question 37

**What is the risk control hierarchy in relation to risk assessments? (Elephants Should Eat Apples Properly)**

Answer 37

1. _Elimination_ - redesign the activity or substitute so that the hazard is removed or eliminated e.g use drone for roof inspections to prevent need to work at height. 2. _Substitution_ - Replace the materials used or the proposed work process with a less hazardous one. For example, use pre-prepared components rather than fabricating/cutting on site. 3. _Engineering controls:_ Use work equipment or other measures to prevent falls where you cannot avoid working at height. Install or use additional machinery such as local exhaust ventilation to control risks from dust or fumes. 4. _Administrative controls_ - Identifying and implement the procedures needed to work safely. For example, reducing the need for lone working or ensuring the work is completed in daylight; reducing the time workers are exposed to hazards (e.g. by job rotation); prohibiting use of mobile phones in hazardous areas. 5. _Personal protective clothes and equipment_ - After all the previous measures have been tried and found ineffective in controlling risks to a reasonably practicable level must personal protective equipment (PPE) be used. For example, where you cannot eliminate the risk of a fall, use work equipment or other measures to minimise the distance and consequences of a fall.

Question 38

**What is a Construction Phase Plan?**

Answer 38

* The construction phase plan (CPP) records arrangements for managing significant health and safety risks associated with the construction of the project and is the basis for communicating those arrangements to those involved in the construction phase. * It outlines the health and safety arrangements and site rules taking into account any industrial activities taking place on site, and, where applicable, must include specific measures concerning any work involving the particular risks. * Required under the CDM regulations.

Question 39

**What would you find in a Construction Phase Plan?**

Answer 39

* _Description of the works_ – what risks are identified as part of the works. * _Management of the works_ - Communication information (project directory and emergency out of hours contacts), working hours, training (toolbox talks and site inductions), welfare facilities, emergency procedures (nearest A&E), emergency, evacuation plan, site waste management plan. * _Information on how significant site risks will be managed_ – site traffic management plan, handling of deliveries, site set-up (contractor’s compound), noisy works (abide by LA rules).

Question 40

**What amendments have you picked up on / requested to be made by contractors?**

Answer 40

* No inclusion of a traffic management plan for a site in Chessington * Management of deliveries also wasn’t suitable as they proposed to bring them through the front entrance which would be used by other tenants that occupied other floors of the premises.

Question 41

**What are a designers duties under CDM 2015?**

Answer 41

* Eliminate hazards and reduce risk during the design stage. * Provide information about residual risks. * Ensure that the client is aware of their duties. * Provide information needed for the H&S file.

Question 42

**Give an example of when you have undertake your duties under the CDM regs**

Answer 42

* _Eliminate hazards and reduce risk during the design stage:_ specified cold liquid roof covering instead of reinforced bitumen so no hot works were required / using water based paints. * _Provide information on residual risk:_ provide all information necessary to the principal designer from client and on site inspections with regards to residual risks which they can then incorporate into the CPP.

Question 43

**What advice specifically did you give your client at Marlborough Grove with regards to their duties under the Control of Asbestos Regulations?**

Answer 43

* I advised that the regulations state that the duty holder is responsible for managing asbestos: I explained that the duty holder is the owner of the non-domestic premises or the person that has clear responsibility for the maintenance or repair of the non-domestic premises. As the unit was untenanted, they were the duty holder who had responsibility for the managing asbestos and as the unit was constructed prior to 2000 it was likely that additional asbestos would be present in the premises.

Question 44

**What other types of asbestos survey are there?**

Answer 44

* **_Management Survey:_** Standard type of survey. It's purpose is to locate, as far is reasonably practical, the presence and extent of any suspected ACMs. The surveys involve minor intrusive works. * **_Refurbishment and Demolition Survey:_** Required before any refurbishment or demolition work is carried out. Used to locate and describe as far as is reasonably practical all ACMs in the areas where the refurbishment is to take place / whole building is being demolished. Full intrusive to allow surveying of all areas.

Question 45

**When have you ever reported back to a client with safety issues?**

Answer 45

* I provide updates on my meeting minutes which are issued to the client under a specific health and safety heading. * I reported on a site in Hemel Hempstead that the roofing sub-contractor was storing numerous GRP oversheets on the roof that posed a threat to anyone below if they were to fall off the roof. I highlighted this to the site manager and stated that the sheets should be handled up to the roof one by one as they were installed and should be stored at ground floor level. This was then noted in my meeting minutes and issued to the client.

Question 46

How do you monitor that the contractor is abiding to H&S on site?

Question 47

**What is a risk assessment?**

Answer 47

* An assessment of identifying risks, determining their likelihood and severity and then eliminating or mitigating those risks to reduce their likelihood and severity if they do occur. * 3 key processes: 1. Identify all risks. 2. Decide the likelihood and severity of each risk. Take action to eliminate the hazard or if not possible put in procedures to control the risk

Question 48

## Footnote **What kinds of risks would be included within a site risk assessment?**

Answer 48

* Lone working. * Vehicle movement. * Exposure to ACMs. * Low lighting levels. * Needles / drug paraphernalia.

Question 49

**Why is it important to understand a client’s requirements before undertaking an inspection?**

Answer 49

* To ensure that they receive the service that they require and also to manage their expectations and ultimately client experience. This will be done by: * Confirm standard terms of business: limitations and scope of the survey, level of liability including confirmation that the firm / surveyor has appropriate PII, involvement of other consultants, timescales for report turnaround, whether disbursements will be included in the fee, whether specialist means of access required (MEWP etc).

Question 50

**What equipment may you take on site to aid an inspection?**

Answer 50

* Borescope * Protimeter * Torch * Speedy carbide test. * Disto. * Measuring tape. * Camera * Phone * Portable charger.

Question 51

**How does a carbide meter work? What are its’ pros/cons?**

Answer 51

* Sample of mortar, plaster or brick taken drilled and weighed. * Sample then placed in one chamber, a weighed amount of calcium carbide powder is placed in a separate chamber. * Container then shaken to allow mixing of two materials. The amount of acetylene gas produced indicates the amount of moisture present. * Pros: accurate. * Disadvantages: intrusive, more time consuming that protimeter.

Question 52

**What is a protimeter? What are its’ pros/cons?**

Answer 52

* Measures level of conductivity, water has high conductivity so increases the reading when present. * Pros: Quick, non-intrusive (relatively). * Disadvantages: Calibrated for timber, can give false high readings from highly conductive materials such as salts, foil backed plasterboard and black ash mortar.

Question 53

**What information would you extract from lease documentation to inform what information needs to be recorded for a dilapidations inspection?**

Answer 53

* Look at the demise plans to see where the demise extends to. * Confirm whether the lease is IRL or FRI. * Look at the definition of the demise – what is included, for example if floor coverings are included.

Question 54

## Footnote **For your schedule of condition of the Georgian manor house in Berkshire, were any parts listed? Provide some background on the property.**

Answer 54

* The Property is Grade II listed. The entire building is Grade II listed and therefore according to listing practice the listing includes both the structure itself and any object or structure fixed to it (whether inside or outside) as well as any object or structure within the curtilage of the building. * For these purposes, to be included within the curtilage of the building, the object or structure must have formed part of the land since before 1st July 1948. * Grade II listed neo-Georgian mansion. * Built in 1931 by Sir Hugo Cunliffe-Owen where it replaced a former mansion. * He was a Director of an American tobacco company. * The estate was sold to the crown then the building used as a Civil Defence College until 1950.

Question 55

What act governs listed buildings and conservation areas?

Answer 55

* Planning (Listed Buildings and Conservation Areas) Act 1990. * The Enterprise and Regulatory Reform Act 2013.

Question 56

I see you have experience with historical buildings, what is the effect of a building being listed? What would you have to do prior to carrying out works on a listed building? What is the listing process in England?

Answer 56

* If a building is listed it allows the local authority to review proposals for alterations to a listed building before works are carried out. * Listed building consent would be required prior to undertaking any works - this is a online application that is submitted on the planning portal. * Listing grades are: **_Grade I_**: buildings of exceptional interest. **_Grade II\*_**: buildings of particular importance. **_Grade II_**: buildings of special interest.

Question 57

**Talk me through how you approached your site inspection for the vendors survey in Southampton from the point of arriving on site**

Answer 57

1. Met with the site contact to ensure they knew I was on site and signed in. 2. Requested for any on site information the contact had so they could gather while I undertook the inspection. 3. Had the contact confirm all site risks and any areas that were prohibited and whether I would need escorting (I didn't). 4. Walked the site externally to gather bearings. 5. Inspected the building from the top down - started with roof. 6. Elevations - elemental breakdown and description of main elements, form of construction and finishes. Then noted any significant defects (£5K or more) and looking for any health and safety issues / fire issues. No M&E engineer instructed so elemental breakdown of services from a building surveyor's point of view - high level description, visual condition and age. 7. Hardstandings, boundaries and means of access - elemental breakdown and description of elements (parking provisions, lighting etc), any major defects, checked for any legal / title issues with regards to access e.g shared access or presence of UKPN power station on site, noted accessibility generally and and issues, any environmental issues - checked for any invasive species etc. 8. Same process but working from top down again. Opened up easily accessible areas to gain insight into construction - lifted ceiling tiles to conclude a insitu cast concrete floor to the FF ancillary and then inspected the main open plan retail area.

Question 58

**What defects did you find during your TDD inspection in Southampton? Explain the causes of each of these**

Answer 58

* Widespread peeling and delamination of the PVF2 coating * Gutters choked with vegetation and mud / silt * Widespread delamination of decorative coating to purlins internally

Question 59

**What was the EPC rating of the Southampton property? What advise did you give within the Vendor’s report regarding the EPC?**

Answer 59

* **B41** and didn’t expire for another 5 years. * Advised that the property’s EPC was compliant with current regulations as it was way above the required rating of E and would not be affected by the changes imposed on 1 April 2023 (all properties even with existing leases will need to achieve an E).

Question 60

**What are some common defects that you would find in residential buildings?**

Question 61

**What are some common defects you would find in industrial buildings?**

Question 62

**What are some common defects that you would find in office buildings?**

Question 63

**What is wet rot? How would you identify it? How would you treat it? What would happen if it was left (prognosis)?**

Answer 63

- Most common type is Ciniophora Puteana (known as cellar fungus). - Highly vulnerable to fluctuations in moisture and thrives in timber with 50-60% moisture content. - Identified by 1. Surface cracks that follow the line of the timber grain. 2. Thread-like strands of hyphae which are yellowish and become darker brown with age. 3. Fruiting body rarely found. 4. If fruiting body is present (usually outdoors) it is this olive brown plate irregular in shape with a knobbly texture. - Treatment: 1. Locate and eliminate source of moisture. 2. Promote rapid drying. 3. Determine extent of damage. 4. Remove timber 500mm beyond affected areas. 5. Treat infected timbers and install new pre-treated timber. - Not as severe structurally as dry rot but can eventually cause failure.

Question 64

**What material would you refer to for the treatment of wet rot?**

Answer 64

- BRE Digest 345 – Wet rots: recognition and control.

Question 65

**What is dry rot? How would you identify it? How would you treat it? What would happen if left (prognosis)?**

Answer 65

* Timber decaying fungus (Serpula Lacrymans) that digests softwood and hardwood timber, reducing its structural integrity. * Is not found in nature – only in internal timber constructions. * Identifiable by: 1. Timber can crumble. 2. Mushroom odour. 3. Dull brown colour. 4. Defined cuboidal cracking. 5. White, fluffy mycelium or can be pearly grey and white sheets (depends on humidity). 6. Pancake shaped / bracket shaped fruiting bodies with white edges and rusty red colouration (spores). * Treated in accordance with BRE Digest 345. 1. Locate and eliminate source of moisture - survey structure and identify issues (defective plumbing, rainwater goods, damaged rendering, defective roof coverings etc). 2. Promote rapid drying - Heat the building and allow sufficient ventilation. Can use dehumidifiers but ventilation will need to be reduced to work. Remove floorboards adjacent to wet walls if necessary and increase / ensure sub floor ventilation - can even install heavy gauged polythene sheeting to oversite where floor is particularly wide. 3. Determine full extent of the outbreak - survey visually but also use screwdriver to detect softened wood. Where timber floor joists are suspected to be infected and embedded in walls plaster will need to be removed. Skirting boards and floor boards may also need to be removed. 4. Consult a structural engineer if structural timbers are suspected to be compromised. 5. Remove rotten wood - cut away 450mm beyond furthest extent of infected timber. Treat walls with fungicidal fluid. Apply sound timbers with preservative via repeat application to drilled holes, application of proprietary pasts of insertion of borate rods to ensure deep penetration. Then install new pre-treated timber. 6. Monitor. Prognosis: - Left untreated it will spread to other timbers through masonry and plaster and caused structural failure.

Question 66

**What material would you refer to for treatment of dry rot?**

Answer 66

BRE Digest 299: Dry rot: its recognition and control.

Question 67

**What causes spalling brickwork?**

Answer 67

* Incorrect application of cement pointing: In solid wall buildings, if lime based mortar is replaced with cement mortar the mortar joints cannot release the interstitial moisture within the wall, it therefore is released through the brickwork which leads to spalling due to excess moisture release and makes the bricks more susceptible to freeze thaw as they have a higher moisture content. * Freeze thaw: Water absorbed through the porous surface of the bricks and then expands upon freezing. * Crystallisation of salts (cryptoflorescence): this occurs just below the surface of the bricks leading to spalling. Occurs from large build up of salts and usually occurs where older, weaker bricks are re-used inappropriately in areas of excess dampness (at ground level which is susceptible to splashback - should use engineering bricks).

Question 68

**What is damp?**

Answer 68

Whereby the level if moisture inside a building reaches a level that causes building defects such as staining of decorative finishes, mould growth, frost damage and sulphate attack

Question 69

**What are the different types of damp in buildings?**

Answer 69

- Condensation. - Rising damp - Penetrating damp

Question 70

**What is cut edge corrosion? What causes it? How would you remedy it?**

Answer 70

* Caused by cutting each profiled metal roof sheet to length, causes micro cracking of the protective corrosion which lead to corrosion of underlying metal in presence of moisture. * Can be caused by moisture being trapped in lap joints (held by capillary pressure) – breaks down protective coating. * Dirt traps can occur at edge of sheet (if levels off) which can lead to further dirt and moisture build up = deterioration of protective coating + corrosion. * Issue treated by cleaning the affected area (chemical cleaner/blast cleaning etc) then applying silicone based paint system over priming layer according to manufacturer’s instructions. E.g Girosil Edge RC-E.

Question 71

**What defects are associated with GRP rooflights?**

Answer 71

* Loss of transparency, embrittlement etc caused by ultraviolet light breaking down polymers in the rooflight plastic. * Incorrect installation: 2 lines of sealant should be installed to each end of a rooflight (usually recommended by manufacturer's). * Embrittlement of foam fillers by UV degradation.

Question 72

**What are the stages of plastisol coating deterioration?**

Answer 72

1. Loss of colour 2. Caulking 3. Delamination

Question 73

**When have you appointed CCTV drainage surveys? Give an example.**

Answer 73

* I have instructed these for both TDD surveys and also for project work when undertaking the designer role. * For the refurbishment of a industrial unit in Grays, Essex I instructed a CCTV survey. The survey confirmed £7k damage – included unmaintained oil interceptor tanks, cracked pipework, root ingress to pipework and cracked / displaced man hole covers.

Question 74

## Footnote **When have you instructed structural engineers?**

Answer 74

* To undertake a load assessment, warehouse in Tottenham – could be done from existing as built engineering drawings and specification for new solar PV system. * For undertaking an assessment of a failed retaining wall to the side of an industrial unit in Leatherhead: * The mass concrete retaining wall (with no observable reinforcement) had cracked and come away from the adjacent concrete pathway which exhibited subsidence and cracking. I instructed a structural engineer to undertake intrusive trial pit investiagation and to confirm the cause of the failure and recommended remedial works. The report concluded: * Although previous reports note subsidence, the retaining wall appears to have been designed * as an anchored wall with rebar ties connected into the concrete path. It is possible the failure * may be due to soil erosion and tie failure. However, subsidence cannot be fully discounted. * The CCTV survey notes no structural failings of pipework and it is unlikely that this is causing * or exacerbating the issue. * There are young trees growing approximately halfway along the length of the wall and path. * There is noticeable cracking in this area potentially due to root growth under the retaining wall * and path. We recommend that these trees and their roots should be removed prior to/or part of * any remedial work undertaken. * It is our opinion that the north eastern portion of the wall has failed leading to displacement of * surrounding soils causing the concrete path to crack and degrade. * The failed portion of the wall will need to be saw cut, broken out and replaced with a suitable * retaining wall structure. Either a king post wall or insitu RC retaining wall could be considered. * Due to accessibility to the area, it is our opinion that a king post wall is the most suitable solution.

Question 75

**What causes ponding on roofs?**

Answer 75

* Tapered insulation or roof deck not laid to correct falls (timber firrings used to set roof deck falls). * Deflection of timber roof deck - through reduction in structural integrity of structural timbers - rot / insect infestation. * Blocked rainwater goods. * Subsidence / heave.

Question 76

**Why did you recommend wholesale replacement of the roof covering at St. Leonards?**

Answer 76

* I actually recommended that some opening up works were conducted internally to determine the extent of the water ingress and extent of damage to the structural timber and roof deck. * After inspection it was apparent the entire roof deck was saturated and rotten in widespread areas and would require wholesale replacement. * As the existing reinforced bitumen felt roof covering showed widespread developed crazing and isolated blistering it was clear that it was at the end of its life and would therefore require replacement too. * I consulted the BRE Good Repair Guide - Flat Roofs: making repairs to bitumen felt and mastic asphalt roofs.

Question 77

**How did you know that you were dealing with penetrating damp with the property at Hastings and not condensation or rising damp?**

Answer 77

* It was clear to see that the roof covering had failed in numerous areas and water could be seen dripping through the underside of the roof deck. There was also staining and areas of plasterboard soffit that were saturated and had fallen in isolated areas. * Rising damp would have been localised to the walls and tide marks would have likely been present to a height of circa 1.3m with spoilt decorative finishes, staining and blown plaster below. * Condensation was present to the internal windows but I believe this was a result of the building being unheated, unventilated and having excess water vapour from the penetrating damp.

Question 78

## Footnote **How did you know that you were dealing with penetrating damp to the internal elevation of the property in Hastings (not the roof)?**

Answer 78

* The staining and deterioration to the internal plasterboard / decorative finishes was patchy and concentrated in numerous areas along the length of the elevation. If it was rising damp I would expect to see a linear tide line around 1.3 m max height. * I was lucky that the second time that I visited the property there had been a sustained period of rainfall and I could see that the areas of staining observed previously had darken.

Question 79

**Were there any other options for the penetrating damp?**

Answer 79

* Simply grade back the earth.

Question 80

**What are the main ways you can eradicate JK?**

Answer 80

**_Dig and dump (excavation of the plant and roots)_** * JK infested soil excavated (up to 3m vertically and 7m horizontally from the area of growth), removed off site and disposed in an appropriately licenced waste management facility as it is classed as controlled waste under the Environmental Protection Act 1990. * Benefits: quick, no restrictions on site for development, works can continue on site immediately. * Drawbacks: Expensive (£70 per tonne), reduced valuable landfill capacity (should be last resort), increases risk of spread (disturbing the plant through excavation) **_On-site burial_** * Trench is excavated on the site in suitable location and JK then excavated and buried in the trench which will need to have at least 5m of overburden. Unless JK can be buried with 5m of overburden then a specialist root barrier membrane must be used to partly or full encapsulate the JK. Area is then monitored for at least two successive growth seasons and treated with herbicides if needed. * Benefits: More cost effective than dig and dump, works can continue immediately, quick to remove. * Drawbacks: Need suitable set aside area where the JK will not be disturbed, can't be used if water table is high (allows distribution of JK into waterways), if root barrier used it needs to be installed correctly as any weaknesses / tears can be exploited by JK, JK can be accidently spread during excavation. **_Herbicidal treatment_** * Herbicides applied to JK usually combined application of spraying and stem injection. * Benefits: Cost effective, can be carried out in situ (less risk of spread), quickly reduces spread and ability to impact structures, can be used on restricted sites that don't have a set aside area. * Drawbacks: JK remains in situ do could be disturbed and spread (particularly if works being carried out), not appropriate for sites where there is planned development (excavation), take several years to achieve complete eradication with two years of monitoring to ensure growth has ceased. **_Other options:_** * Biological control - testing being undertaken - still not used. * Screening / sifting - JK excavated along with soil which is then sifted to separate rhizomes which are disposed of appropriately, the soil is then screened and stored on site in a suitable location, treated with herbicide and monitored.

Question 81

**What did you do / what did you advise for the JK removal at Barking?**

Answer 81

* I advised my client that if the JK was not treated it could continue to spread and damage the adjacent hardstanding and security hut by exploiting structural weaknesses and causing cracking in addition to causing cracking of mains water and drainage pipework which I know were in close proximity to the infested area. * I also advised that the client that under the Wildlife and Countryside Act 1981 they were obligated to control its spread and prevent spread onto neighbouring properties. * I then considered the potential remedial options but recommended that herbicidal treatment should be utilised on the basis that the site had a high water table and no suitable area to dispose of the JK to allow on site burial and also that excavation should be used as a last resort, would be considerably more expensive and may lead to further spread of the JK. * I advised that the client that as JK had been identified, the client should instruct a JK contractor to map the entire site to confirm the extent of the growth and make sure there were no other areas of infestation. * I also advised that the client should ensure that they had a 10-year guarantee with the treatment to give comfort to the incoming tenant on a 10 year FRI-lease.

Question 82

**What are the main forms of JCT contract that you know?**

Answer 82

* JCT Intermediate Building Contract, 2016 (+with contractor's design portion). * JCT Minor Works Building Contract 2016 (+with contractor's design portion). * JCT Design and Build. * Management Building Contract 2016. * Measured Term Contract 2016.

Question 83

**What is the importance of contract selection?**

Answer 83

* Contract selection is critical as different contracts are suitable for different scenarios and will dictate the success of a project. First the procurement method should be chosen, then a contract should be selected after considering the following: 1. Nature of the works. 2. Measure of control that the client wants over the works. 3. Accountability – does the employer want a single or multiple point. 4. Certainty of final cost. 5. Programme.

Question 84

**What is procurement?**

Answer 84

* The overall act of obtaining goods and services from external sources (for example a building contractor) and includes decision making with regards to how the goods are to be acquired by reviewing a client's requirements (i.e time, quality and cost). and their attitude to risk.

Question 85

**What are the main procurement routes?**

Answer 85

- Traditional. - Design and build (single and two stage). - Management Contracting. - Construction Management. - Framework agreements. - Partnering.

Question 86

**What is an extension of time?**

Answer 86

* A contract provision that allows adjustment of the contractual completion date. * It reserves the right of the employer to claim liquidated damages in the event that the contractor is unable to complete the works by the completion date for a reason that is partly due to the employers * It also protects the contractor as if granted it relieves the contractor of their liability to pay liquidated damages. * If the completion date could not be adjusted, then the contractor would only have the complete the works with a 'reasonable time' (time at large).

Question 87

## Footnote **What is a variation?**

Answer 87

* It is an alteration to the scope of works in a construction contract in the form of an addition, substitution or omission from the original scope of works.

Question 88

**How should contract instructions be issued?**

Answer 88

JCT contract states: * All instructions must be in writing and sent in the format and by the means which the parties ‘have agreed or may from time to time agree in writing’. So written electronic communication can be used to instruct. If no means have been agreed, then written instructions need to be sent via ‘any effective means’. * Oral instructions have no effect and will not be valid into confirmed in writing by the contract administrator. If contractor carries out work from oral instruction before receiving it in writing, they are proceeding at their own risk.

Question 89

**What is the RICS Contract Administration Guidance Note? You state that you understand that the RICS Contract Administration Guidance Note has now been withdrawn, why is this and what other sources would you now use?**

Answer 89

* The document covers the appointing of a contract administrator, describing the role and its responsibilities. Appendices feature useful checklists and also information regarding office administrative procedures. * RICS state on their website that it has been withdrawn due to being ‘out of date’. * To my knowledge there is not any replacement document but I refer to the Sara Lupten guides and the JCT Practise notes for how to undertake specific CA duties.

Question 90

**What are the responsibilities of a Contract Administrator?**

Answer 90

* They are not a party to the contract and therefore must remain impartial at all times. Simply there to administer the contract. * Chair pre contract meeting. * Issue contract instructions. * Deal with payment provisions. * Manage change procedures – design changes etc. * Involve with dispute avoidance. * Issue certificates. * Deal with completion / possession issues.

Question 91

**What kind of items would you cover in the pre-start meeting?**

Answer 91

* **Introductions** – if parties haven’t met before then good to define everyone’s roles in person. * **Health and safety** – F10, Construction Phase Plan, COSHH and CDM regs, site cleanliness, temporary works, contractor’s compound. * **Contractor / site management** – Site manager, office support and progress reports. * **Communication** – Instructions and methods of communication. * **Contract details**: Date of possession, contract sum, programme, completion date, contractor and employers insurances. * **Site** – Access, neighbours, accommodations, working hours, security and any other restrictions. * **Statutory approvals** – Building control. * **Progress meets and valuations** – Agree progress meetings (informal every 2 weeks and formal once a month close to valuation date as possible). * **Info required**. * **Any other business**.

Question 92

**What would you include in meeting minutes?**

Answer 92

* Date, time and location of meeting. * Attendees and apologies. * Review of previous minutes. * Program / progress of works. * Site management. * H&S. * Matters arising. * Client comments. * Actions.

Question 93

**What are contract documents?**

Answer 93

- Documents that evidence the details of the building contract.

Question 94

**What documents would make up the contract documents for a JCT Design & Build Contract?**

Answer 94

* **Employer's requirements**: Can be a brief written performance statement, sketch drawings, planning permission drawings or detailed drawings and bill of quantities. **- Contractor’s proposals**: These can be equally as brief or extensive as the employer's requirements. **- Contract sum analysis**: The CSA could be a full bills of quantities produced in accordance with NRM2 schedule of rates, or a simple elemental cost breakdown. **- The building contract**: JCT Design and Build, 2016. **- A BIM protocol** (if applicable): This creates the requirement for the contractor to provide specified BIM at defined levels of detail and incorporates provisions which supports the production of deliverables for 'data drops' at defined project stages.

Question 95

**What documents would make up the contract documents for an Intermediate Building Contract?**

Answer 95

- Drawings. - Specification. - Schedule of works. - Contract sum analysis. - Employer's requirements for any contractor designed portions. - The building contract.

Question 96

**What are contract amendments? When have you done this? What is the risk?**

Answer 96

* Amendments to contract clauses that usually the employer wishes to make to protect themselves usually from issues they have had in the past or to adapt the contract for the works. * I have done this for my case study at the request of the client’s solicitors who issued the contract amendments which were then integrated into the standard form contract. * The main addition was a clause that outlined certain works / deleterious materials that should not be specified such as high alumina cement, wood wool slabs and asbestos. * Only solicitors should design contract amendments as incorrectly modifying standard forms of contract can lead to no interaction / cross referencing of key clauses (not enforceable if not properly cross referenced), issues with interaction of common law – e.g modifying EoT clauses can lead to unwanted outcomes .

Question 97

**What is a Letter of intent / a pre-construction services agreement?**

Answer 97

- A letter of intent or a pre-construction services agreement is a document that is used when two parties wish to commence construction works immediately prior to negotiation and formation of the final building contract. - There are two main types of letter of intent, these are: 1. Non-binding letters of intent: - Intended to give rise to a contract but confirms the party’s intention to enter a contract at some point in the future. - It does not create liability for either party to enter into a contract afterwards if they not wish to. - The contractor is under no obligation to complete the works in a certain timeframe / complete them at all. - There are limited remedies under this form of letter of intent - the employer has no counterclaim for damages for where there isn't a contract in place, but they can deduct the cost from the value of the works. 2. Contractual letters of intent: - It creates some limited reciprocal rights rights and liabilities between the parties - e.g carrying out works within a timeframe etc. - It is usually limited in scope - for example the amount of time the contractor or money the contractor can take / expend. - Whether this form of letter of intent is contractually binding will depend on whether: + Offer and acceptance + Consideration + An intention to create legal relations and + Certainty as to the essential terms.

Question 98

## Footnote **What is good practise to include within a letter of intent / pre-construction services agreement?**

Answer 98

* Limit the scope of the letter - limiting the scope by time or money encourages the contractor to agree to a full contract within a certain period of time / once a certain value has been reached. This also protects the employer should a contract not be agreed or signed. * State whether or not the contactor should stop works once the limit has been reached and if not then on what terms and confirm the payment provisions. * Identify the works to be carried out. * Insurance: state the level of public and employer's liability in addition to all risks insurance. If the contractor is carrying out design works then level of professional indemnity insurance should be stated. * CDM Regulations requirements: state that the contractor is to act in accordance with the regulations. * Payment provisions: clearly state payment provisions. If not then Scheme of Construction Contracts default payment provisions apply. * Warranties: depending on the type of works, third parties may require collateral warranties from the contractor / sub contractors. * Copyright: if contractor carrying out design work, the letter should provide for a licence to be given to the employer allowing it to use any design documents following termination of the contractor's involvement with the works. * Termination: letter must provide for the employer to terminate the contractor's engagement and confirm that the employer has no obligation to enter into a full contract come the end of the letter of intent.

Question 99

**What are the main pitfalls with letters of intent?**

Answer 99

* Both parties can have numerous commercial issues to be resolved before the contract is fully negotiated which leads to parties neglecting these issues meaning that full execution of the contract is never undertaken meaning a contract may never be fully negotiated / executed. This can lead to future disputes and exposure of the parties as the letter of intent does not contain detailed provisions.

Question 100

**When ideally should a letter of intent be utilised?**

Answer 100

Stated by Judge in Cunninghame V Collet [2006]: * Where contract work scope and price are agreed or there is a clear mechanism in place to reach an agreement. * Where terms and conditions are (or are very likely) to be agreed. * Where start and finish dates and the outline programme are broadly agreed. * Where there are good reasons for the works to be commenced in advance of contract documents being finalised.

Question 101

**You used a letter of intent for the instruction in Barking, what advise did you provide your client with regards the letters of intent? What was the outcome?**

Answer 101

**_Advice:_** * I advised that depending on the contents of a letter of intent, their legal effect can range dramatically and therefore it would need to be carefully drafted by their lawyers to include key provisions that would protect both the employers and contractor's positions. * I advised that a letter of intent should only be used when; the scope of works and price have been agreed, where terms and conditions are agreed (or likely to be agreed), where start and end dates of the project are broadly agreed, when there is a good reason to not wait until the main contract has been agreed. * I explained that the client and contractor should have real intentions to enter into the full contract and not issue further letters of intent as if key provisions were not included within the letter of intent that would be included in the full building contract both parties would be exposed. For example if the LOI didn't include a provision for liquidated damages the employer would not be able to claim if non-completion had occurred. **_Outcome:_** The client's lawyers issued a compressive letter of intent that included: * **Contract sum** for the works: £600K. * **Contract period** for the full scope of works. * **Authority to proceed** to cost of £106K - based on a pro rata rate of the contract sum over a 2 week period which was how long it was anticipated to take full agreement and execution of the building contract. * **Liquidated damages**: £35K per week for each section of the works. * **Insurance:** PII, PLI * **CDM Regulations:** CPP and general CDM obligations.

Question 102

**Why did you deem it necessary to use a LOI for Barking?**

Answer 102

* The contractor needed to make an earlier start on site than originally agreed as the employer had interest for the property from very reputable prospective tenant. However, the tenant would only want the unit if the works could be completed by certain dates which meant the full building contracts had not been drafted or agreed at that point. Therefore, a letter of intent would mobilise the contractor to commence works early.

Question 103

**What is negotiated tender?**

Answer 103

* A single contractor is provided with the tender documentation by the client and then submits their initial cost to carry out the entirety of the works. * The client's professional team then negotiates the cost of the works with the contractor to achieve a final cost.

Question 104

**What are the advantages and disadvantages of negotiated tendering? When would you utilise negotiated tendering?**

Answer 104

**Advantages:** * The contractor is usually approached because they have carried out similar works and to the required standard before so there is greater certainty of cost and quality. * Time and cost savings by reducing input into the tendering process because only a single tender needs to be analysed. * Time saving on tender process allows earlier commencement of the works. **Disadvantages:** * Lack of competitive tendering may increase the cost for the works. * Negotiation process needs to be structured and controlled otherwise there could be adversity between the parties before works have even commenced. * You would usually utilise negotiated tendering when overall programme length is a priority over cost and whereby the client wants to replicate the quality of a project that the contractor has delivered before.

Question 105

How do you make sure that the contractors are still approved? What do you look for?

Question 106

**Why did you advise single stage tendering rather than two stage for the project in Southall?**

Answer 106

* The client required the full design prepared before the works were tendered and required a lump sum cost for the works to ensure the project was feasible and they could gain board approval for capital. * Works were relatively simple in nature and therefore didn't require contractor input for buildability (would do in first stage of two stage tendering).

Question 107

**What is two stage tendering?**

Answer 107

* **Stage one:** of the process involves first-stage tender enquiry documentation being issued to preselected bidding contractors at RIBA stage 2 / 3. At this stage the works are still being designed. * The contractors then submit their bids which do not give a lump cost for the entirety of the works but confirm their preliminaries costs, proposed sub letting of the works (sub contractors) and their overhead and profit allowances. * The preferred contractor then joins the design team on a consultant basis using a pre-construction services agreement. * **Stage 2:** The preferred contractor then works with the design team to complete the design before presenting a bid for the works.

Question 108

**What are the advantages and disadvantages of two-stage tendering? When would you use two-stage tendering?**

Answer 108

_Advantages:_ * Allows the contractor to contribute to the design and early planning of the work (so increases buildability). * Allow the contractor to commence works on sections before the entirety of the design is complete. _Disadvantages:_ * Hard to replace the contractor is second stage negotiations break down. * Risk of increased cost for retendering works if second stage negotiations have broken down. * The second stage is not a competitive process so the contractors cost may not be competitive. _Two-stage tendering is suitable for:_ * Projects that are complex (require contractor's input on design). * When programme length is important. * Projects whereby the magnitude of the works are yet unknown.

Question 109

**What is traditional procurement?**

Answer 109

* The design portion of the works is completed by the client's design team before competitive tenders are invited and a principal contract employed to construct what has been specified. * The contractor takes responsibility and financial risk for the construction of the works and completes the works for a contract sum within a contract period which is confirmed at pre contract stage.

Question 110

**When would traditional procurement appropriate?**

Answer 110

* If the design is substantially completed at time of contractor selection. * The client wishes to retain control over the design and specification. * When the client needs cost certainty - to get board approval. * When total programme length isn't the clients' main priority.

Question 111

**What are the advantages of traditional procurement?**

Answer 111

* Competitive fairness and transparent process – increase value for money * Design led – can ensure quality * Price certainty before commencement * Well known procedures * Changes are reasonably easy to arrange and value

Question 112

**What are the disadvantages of Traditional Procurement?**

Answer 112

* Increases overall project duration - it is a sequential process with design produced before construction can commence. * Reduced buildability within the design as contractor has had no input. * Dual point of responsibility for client for design and construction. * If the design is not completed at time of tender then cost / time certainty are reduced.

Question 113

**What is included within a tender report?**

Answer 113

- List of tenders received. - Initial tender return totals. - Any qualifications identified. - Post-tender adjustments. - Revised tender sum. - Comparison of tender sums. - Recommendation. - Tender analysis document (pricing doc appended).

Question 114

**Give some actual details of your tender report for Southall**

Question 115

**How did you assess the extension of time for the Southall EoT request?**

Answer 115

* I reviewed the contractor’s original programme and then removed the works that had be omitted and then brought back the completion date by that period. The works removed were all of those to the roof which were to be isolated GRP oversheets to the asbestos roof and new rooflights and a new liquid applied roof system to the ancillary accommodation block. The period totalled 4 weeks, therefore the contractor would have had ample time to complete the works for their agreed contract period of 15 weeks. * The works to the roof were removed due to the client having interest from an incoming tenant who would take the unit with a SoC appended to the lease and due to the fact the estate was to be demolished / sold in circa 5 years the client wanted to reduce capital expenditure as much as possible.

Question 116

**Why did you advise that your client couldn't claim or shouldn't claim for liquidated damages? Could that have done without any proof?**

Answer 116

* Apologies, this was an error with my submission documents. * Under the terms of the contract the client could have claimed for liquidated damages however, as they did not have a tenant lined up for the unit and therefore were not suffering any actual loss they chose not to pursue LADs to protect the professional relationship between them and the contractor, particularly as the contractor had been the most competitive for number of refurbishment projects across the estate in the past.

Question 117

**What is loss and expense?**

Answer 117

* A contract provision that allows for a contractor to claim loss and expense as a result of the progress of the works being materially affected by relevant matters for which the employers is responsible for such as: * Failure to give the contractor possession of the site. * Failure to give the contractor access to and from the site. * Delays in receiving instructions. * Opening up works or testing works that then prove to have been carried out in accordance with the contract. * Discrepancies in the contract documents. * Disruption caused by works being carried out by the client. * Failure by the client to supply goods or materials. * Instructions relating to variations and expenditure of provisional sums. * Inaccurate forecasting of works described by approximate quantities. * Issues relating to CDM. * Claims may comprise costs resulting from disruption to the works or from delays to the works (prolongation). * The contractor must give written notice of a claim as soon as it becomes reasonably apparent that the regular progress of the works is being materially affected. This need not necessarily result in a delay to the completion date, and so claims for loss and expense and claims for extensions of time do not necessarily always run together. * Claims are restricted to 'direct' loss and expense and so 'consequential losses' (such as lost production) are generally excluded. Direct losses are those that 'flow naturally' from the breach of contract.

Question 118

**What are preliminaries?**

Answer 118

* They provide the description of the project to allow cost assessment and specify general conditions and requirements for execution. For example: project description, site access and parking etc. * From the preliminaries a contractor can price for cost significant items that they need to carry out the works such as site welfare and provision of temporary services.

Question 119

**What are preambles?**

Answer 119

* A preamble is an explanation of a document, commonly found in contracts, specifications and bills of quantities. It helps with the interpretation of a document. * A preamble may include: 1. Description of parties to the contract. 2. A description of the competence of parties to a contract - this will include a set of general standards for the quality of goods or services required. 3. Tendering procedures. 4. Objectives of the project.

Question 120

**What is the difference between preliminaries and preambles?**

Answer 120

* Preambles are the explanation of the works that don’t form part of the costings, preliminaries are used to describe the project and allow costing of items that are required to complete the works, for example temporary access and welfare.

Question 121

**What is NBS?**

Answer 121

* The National Building Specification is a UK based company that provides specification platforms used by construction professionals to produce high quality and standardised specifications for construction projects.

Question 122

**Why would you use NBS?**

Answer 122

* Allows collaboration - others can be invited to edit the document. * Ensures consistent standard and format for all projects. * All statutory standards are kept up to date, such as British Standards. * Is the standard specification platform used in the UK so contractors are used to working with this form of specification.

Question 123

**What is NBS Chorus?**

Answer 123

* A cloud based collaborative specification platform that is used internationally. It allows construction professionals to produce high quality specifications efficiently.

Question 124

**What is a schedule of works?**

Answer 124

* A description of the work in list format often used on smaller projects or those involving alteration works prepared by designers.

Question 125

**What supporting documentation could you include within a specification the contractor(s)?**

Answer 125

* Specialist surveys such as structural engineers reports, drainage surveys etc.

Question 126

**What does the pre-construction information contain?**

Answer 126

* The information that is in the client's possession or which is reasonably obtained relevant to the works and is of appropriate detail proportionate to the task. - Includes: 1. Project description. 2. Client's considerations and management requirements (hoarding, welfare, traffic restrictions). 3. Environmental restrictions and existing on site risks (ground conditions, buried services, asbestos surveys, local infrastructure - adjacent railways etc). 4. Significant design and construction hazards (design risk assessments, suggested method statements to be included in the contractor’s CPP). 5. Health and Safety file requirements.

Question 127

**Name and explain the different types of specification.**

Answer 127

* Prescriptive specifications: Provide detailed descriptions of specific materials to use and how they should be installed. * Performance specifications: Addresses the operational requirements of a installation. The focus is on the project outcome, indicating how it must function, it is up to the contractor how they achieve this. * Descriptive specifications: Designer controls design intent and defines the performance criteria. Specialist contractor uses skills and expertise to complete the design whilst maintaining the design intent.

Question 128

**What are Approved Documents M and B?**

Answer 128

- Approved Document B = Fire Safety. - Approved Document M = Access to and use of buildings.

Question 129

**What scale were your design drawings in for the CAD floor plans?**

Answer 129

1:100 scale was used.

Question 130

**Why was that scale used? What does it mean?**

Answer 130

* Scale was appropriate for the size of the property. * 1:100 = 1cm on the page = 1m (100 x bigger).

Question 131

**What documents did you refer to for the floor plan alteration at Southall? What specifically did you spec / ensure for the drawings?**

Answer 131

_Approved Document B - Fire Safety_ * Stipulated that the infilled walls must achieve a 30 minute minimum fire resistance rating. * Checked that infilling of walls did not effect escape distances - they did not (fire escape to both front and rear of units where they had been previously split - minimum travel distance in industrial (normal hazard) with more than one means of escape = 45m. _Approved Document M - Access to and Use of Buildings_ * Ensured that the accessible WC was large enough - minimum 2200 in length and 1500mm wide. * 800mm minimum effective clear width of accessible WC door width (straight on). * Ensured that doc M pack was specified.

Question 132

**What is a design risk register?**

Answer 132

* A document that lists all significant design risks so they can be identified, collated, monitored and reduced as part of the design process. * At the end of the design process, the register provides an audit trail of design decisions and the residual risks then can then be reduced and monitored. * Examples of designing out risk = using water based paints, using cold liquid applied roof system instead of bitumen systems which require hot works.

Question 133

**What would your duties as a designer under the Construction (Design and Management) Regulations 2015?**

Answer 133

* Ensure the client is aware of their client duties under the regulations prior to undertaking any design work. * Take into account any pre-construction information provided by the client / PD. * Eliminate foreseeable health and safety risks to anyone affected by the project (as practically possible). * Take steps to reduce and control residual risks. * Provide design information to the PD to include in the pre-construction information and health and safety file. * Provide design information to the principal contractor (or contractor on single contractor projects) to help them comply with their duties e.g ensuring Construction Phase Plan is prepared. * Communicate, cooperate and coordinate with: 1. any other designers to ensure all designs are compatible and ensure H&S. 2. all contractors to utilise their experience of building design.

Question 134

What does the RICS Dilapidations Guidance Note (7th edition) cover?

Answer 134

* It provides general practical guidance to RICS members when instructed to undertake dilapidations instructions. It covers… **Role of the surveyor** * Conduct. * Expert witness * Dispute resolver. * Taking instructions. * Document review * Inspection **Dilapidations during the term - Jarvis and Harris etc:** * Why they are undertaken - damages, specific performance, entry to carry out work. **Dilapidations claims at the end of the term:** * Supersession. * Surveyors endorsement. * Quantified demand **Break clause situations:** * Conditions to the break. * Serving break notices. Diminution valuations

Question 135

What is an FRI lease?

Answer 135

- Full repairing and insuring lease. - A lease where the costs of all repairs and insurance are the responsibility of the tenant save for multi let premises whereby the landlord will carry out repairs to common parts and other element via a service charge. The exact details would need to be confirmed within the lease covenants.

Question 136

What is an IRI?

Answer 136

- A Internal Repairing and Insuring Lease. - A lease where the costs for all internal repairs and insurance are the responsibility of the tenant.

Question 137

What documents will building control provide?

Answer 137

1. Plan Certificate: AI / LA review plans and proposed works to confirm whether the works will comply to the building regulations in principal. 2. Final Certificate: AI / LA issue following inspection of the completed works to certify that they are compliant with the building regulations.

Question 138

What are the procedures for obtaining building regulations approval?

Answer 138

* **Full plan:** plans & construction details prior to starting on site, which is reviewed by the LA/AI who will consult with stat authorities. May attach conditions to approval. Approval lasts for 3 years from date of notice * **Building Notice:** Allows work to commence upon giving notice (Excludes work with safety issues, a workplace or affects drainage).

Question 139

What is practical completion?

Answer 139

There is no definitive definition for the term Practical Completion. It is when the works are complete to the satisfaction of the Contract Administrator and the contractor has abided with their duties under the CDM regulations. The CA cannot certify PC where there are outstanding works or patent defects, but they also cannot withhold PC for minor outstanding defects.

Question 140

Give me an example of when you have abided with the pre-action protocol.

Answer 140

Bricket Road:

Question 141

CHECK INFORMED CONCENT CARDS AGAINST RICS PROFESSIONAL STATEMENT

Question 142

For the refurbishment project in West Thurrock (Unit 5), what were their design intentions for the property and what level of specification did they require?

Answer 142

**_General_** * Cat A refurbishment – wanted to retain as much of the existing finishes as possible as they confirmed that they would be selling the property within the next year – therefore kept all existing sanitary ware, doors etc, Decorated the cladding but only to 3 elevations that were observable and just deep cleaned the floor slab after removal of the large mezzanine. **_Precis of Work_** Roof: * Spot corrosion. * Jet wash rooflight and roof. * Spot corrosion. * Option cost – treat all edges with cut edge corrosion (early onset). * Option cost – Treat gutters with Delcote GS. Elevations: * Overhaul all external doors. * PS for cladding trim repairs. * Decorate all elevations except rear. Internals: * Remove tenant fixtures. * Used new LED panel lighting from undercroft of the mezzanine and installed to top floor ancillary so only GF was replaced. * Replace all carpet and floor coverings. * Steam clean existing toiles – minor grouting repairs and replaced taps. * Clean existing stair nosings. * Retained all ironmongery (option cost included to replace). * Service existing extracts. * Service boiler. * Remove mezzanine and core drill racking bolts. * Tested and retained existing warehouse lighting. **_Budget Cost Plan_** * Client confirmed the exact works required – then prepared the BCP. * BCP came to £115,000. * Used rates from BCIS and our internal document (has itemised works with average tendered cost received over past 12 months). **_Project Particulars:_** * **Contract sum:** £100,000 * **Contract:** JCT Intermediate Contract with Contractor’s Design. * **Design portion:** M&E design – for replacement of one extract fan to WC and new LED panel lighting and electric heaters to ancillary. * **Programme:** 10 weeks.

Question 143

What items did you specify in your specification for Unit 5 Thurrock?

Answer 143

**_Roof:_** * **Tata steel roof aluminium roof sheets (patch repairs)** - Specified as they matched the existing profile and materials and had LPBC approval to LPS 1181 Part 1. * Specified that existing roof should be not washed with high pressure jets to prevent delamination of PVF2 coating. **_Internals:_** * Entrance matting - Gradus - Boulevard secondary matting. * Gutter coating - HD Sharman Delcote GS - 10 year guarantee.

Question 144

Design and Spec - Unit 5 Eurocourt - tender queries, tender report, appointment of AI, contractors' CPP

Answer 144

**_Tender Queries:_** * Cost for weather seal to RS door £600! * Cost for redecoration of cladding expensive - £9,000 - was actually £7,000 when reduced. Should have been circa £32 sqm.

Question 145

When did you advise that the AI be appointed for Unit 5 Eurocourt? What part of the works were they required for?

Answer 145

* Needed to appoint approved inspector in time for them to be able to serve initial notice on the council that is validated 5 working days before works commenced. * Fireboarding works to the portal frame and new lighting.

Question 146

What did you ensure that the contractor's CPP had in it for the works at Unit 5 Eurocourt?

Answer 146

* The works stated they were carrying out were correct. * Emergency out of hours contact and site team - foreman, manager, contracts manager etc. * Arrangement for COVID measures - staggered breaks, washing down and sterilising of surfaces and break out areas, thermometer checks for all entering site. * Arrangements for new site personnel - toolbox talks, competence and licence checks and site inductions. * Welfare arrangements. * Prevention of falls from height - netting of rooflights, scaffholding etc.

Question 147

What are the remedial options you suggested for the corroded guttering at Jaggard Way? What are their pros/cons?

Answer 147

Decided to go for a gutter lining system as they were very corroded - would take a lot of prep to allow adhesion of the liquid system. **Plygene Liner System (HD Sharmans Plygene Gutterline System)** + Arguably longer lasting than other systems. + Seamless - gutter joints cant fail which is common. + Flexible - can adjust to thermal movement of the building. + Non-bonded - can be installed in a range of conditions. + Quick installation. - Expensive (double cost of liquid applied system). **Liquid System (HD Sharmans)** + Cheaper - almost half the cost. - Increased labour / installation time. - Reduced life expectancy. - Can't be applied to gutters with too much corrosion. **Replacement:** + Long warranty. - Cost.

Question 148

What areas of law have you developed in relation to dilapidations?

Answer 148

* FILL IN WITH DILAPS HANDBOOK * Landlord and Tenant Act 1927 - Section 18(1). * Jarvis and Harris Clause *

Question 149

What did you advise the client for the restaurant refurbishment for unit in Marylebone?

Answer 149

* The tenant had vacated and therefore the client had clear responsibility for the repair and management of the non-domestic premises and therefore was responsible for managing any asbestos. Therefore according to the control of asbestos regs they would be responsible managing any suspected asbestos (pre-2000 property) and therefore would require to undertake a R&D survey prior to the refurbishment. This would then need to be presented to the contractor within the pre construction information in accordance with their obligations under the Construction (Design and Management) Regulations 2015.

Question 150

What is included within Appendix A from the RICS Rules of Conduct ?

Answer 150

This appendix sets out the core professional obligations for members and firms. Additional professional obligations are found in the mandatory requirements of RICS professional statements relevant to a member or firm’s practice. The following professional obligations to RICS are mandatory for RICS members. • Members must comply with the CPD requirements set by RICS. • Members must cooperate with RICS. • Members must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf. The following obligations are mandatory for RICS-regulated firms. • Firms must publish a complaints-handling procedure, which includes an alternative dispute resolution provider approved by RICS, and maintain a complaints log. • Firms must ensure that all previous and current professional work is covered by adequate and appropriate professional indemnity cover that meets the standards approved by RICS • Firms with a sole principal must make appropriate arrangements for their professional work to continue in the event of their incapacity, death, absence from or inability to work. • Firms must cooperate with RICS. • Firms must promptly provide all information reasonably requested by the Standards and Regulation Board, or those exercising delegated authority on its behalf. • Firms must display on their business literature, in accordance with RICS’ published policy on designations, a designation to denote that they are regulated by RICS. • Firms must report to RICS any matter that they are required to report under the Rules for the Registration of Firms.

Question 151

Can you name each of the rules of conduct and provide an example of when you have adhered to them?

Answer 151

**Rule 1 -** Members and firms must be honest, act with integrity and comply with their professional obligations, including those to RICS * I ensure that I identify potential conflicts of interest prior to accepting and undertaking a professional assignment for a client through my firms conflict checker. * I am open and transparent with client regarding fees and make sure these are all broken down in any fee proposal. **Rule 2** - Member and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise. * I ensure that I supervise any fellow employees who are new intakes or graduates and ensure I supervise them sufficiently and ensure they have the necessary skills and knowledge prior to undertaking any part of an instruction. * I maintain and develop my knowledge by partaking in CPD events and personal study and have ensured that I have undertaken the RICS required amount of 48 hours per annum, with at least 50% formal CPD. **Rule 3** - Members and firms must provide good quality and diligent service * I ensure that I understand my client's needs and objectives prior to accepting any work and ensure that a I agree a scope of services to be provided to my client with a fee proposal that will include limitations and timescales. * I ensure that I communicate clearly with clients in a way that they can understand depending on their professional background and favoured method of communication. **Rule 4 -** Members and firms must respect others with respect and encourage diversity and inclusion. * I ensure that I respect the rights of others and treat others with curtesy regardless of background, position, race or any disability. * I work cooperatively with all others within my firm and also as part of a design team to ensure objectives are met. **Rule 5** - Members and firms must act in the public interest, take responsibility for their actions to prevent harm and maintain public confidence in the profession. * I would ensure that I respond to complaints made promptly and in line with with firms' complaints handling procedure. * I would support fellow colleagues and clients who have acted in good faith to report concerns.

Question 152

What quality assurance procedures do you adhere to to ensure your work is kept to a high standard?

Answer 152

* I ensure that I undertake my own strict quality assurance which includes reading through any document I have produced carefully, ensuring it is formatted correctly, running a spell check and ensuring any appended documents are included and referenced correctly. * I then issue to the job manager for initial QA and ensure I undertake all QA amendments as necessary. * I then issue the document to the Job Partner for final QA and then make any amendments prior to issuing to the client.

Question 153

What would you do if you do if you were asked to provide a services that is beyond your level of expertise?

Answer 153

* It depends on the request. For example if it was for expert legal advice I would politely decline the instruction and explain they should consult a legal professional. * If it formed part of an instruction I would recommend the appointment of a professional consultant, for example a structural engineer.

Question 154

What is section 18(1) of the Landlord and Tenant Act 1927?

Answer 154

- Section 18(1) of the Landlord and Tenant Act 1927 is often referred to as the "statutory cap on damages" as it places a statutory cap on the amount of damages a landlord can recover from a tenant for breach of their repairing covenants in a lease. - Section 18(1) essentially has two limbs: 1. Damages from a tenant for a breach of their repair covenant cannot be more than the reduction in value of the property as a result of the breach (the diminution valuation). 2. No damages are to be paid for breach of repair covenant for works that will be superseded by a landlord's intended structural alterations.

Question 155

What is a framework agreement?

Answer 155

- Framework agreements allow client's that are consistently instructing construction work to invite tenders from contractors to be carried out over a prolonged period of time on a call off basis as and when required.

Question 156

What elements would you find in a framework agreement? Can you give an example?

Answer 156

**_Arch Co Framework Agreement_** * Procedures: 1. At outset we have to provide a fee proposal and issue it to the client, they then review and appoint us via a call off letter which states the project, fees and services to be provided. 2. Stipulates procedure for number of tendering contractors required based on contract sum (less than £15 can be one, over £80K has to be at least 3 tendering contractors and over £250K 4 contractors). 3. Stipulates contract use for projects - all intermediate over £80K without contractors design as we are design consultant. 4. RIBA stages and documents / processed to be undertaken. * Fees: based on contract sum = 7.5% on projects between £50K - £500K. * Obligations: 1. Not to proceed without formal instruction. * Licence to use documents: client has licence to use and reproduce all design information.

Question 157

When acting as a Contract Administrator, how do you keep all parties informed and works are completed on time?

Answer 157

* I ensure that I issue meeting minutes promptly and in a succinct form to all parties involved within a project within 3 days after a meeting. * If there is a matter that is complex and requires input of multiple individuals I will call a meeting either over Teams or on site to prevent needless and ineffective email communication going back and fourth. I did this when for a refurbishment project when there was delay in having mechanical designs approved due to numerous revisions being issued between the parties. I therefore held a design meeting to ensure all parties were clear and the design could be agreed. * I also ensure that I issue contract instructions promptly to ensure the works are not delayed.

Question 158

What is a purchase order?

Answer 158

A purchase order (PO) is a legal document that is created by a buyer and sent to a seller to confirm their intention to purchase products and/or services.

Question 159

What is a purchase order?

Answer 159

A purchase order (PO) is a legal document that is created by a buyer and sent to a seller to confirm their intention to purchase products and/or services.

Question 160

What is WIP?

Answer 160

WIP (work in progress) represents the value of time and disbursements incurred on a instruction. The WIP balance shows work recorded not billed or written off. WIP should be continually reviewed for invoicing.

Question 161

What are the main elements included in a fee proposal?

Answer 161

* Terms and conditions * Scope of services * Exclusions * Assumptions – e.g. programme

Question 162

What would you provide in a fee proposal? Provide an example

Answer 162

**_Brief_** * Confirming the objectives of the appointment - e.g Stage one (surveying the property to created a detailed budget cost plan), stage 2 (design, specify and act as CA and PD for the works etc). * Confirmation of procurement method. * Programme - can develop and produce if we are appointed. **_Fees and scope of service_** * RIBA stages giving breakdown table with stage, actions and associated fees. * Principal designer fees. * Co-consultants / surveys - planning, structural engineer, measured survey, drone survey etc. **_Resources_** * Who will be running the instruction and who they may be assisted by. ***Appended to the fee proposal will be…*** **_Hollis scope of services:_** * RIBA stages with actions that will be undertaken by Hollis' PD, PM . **_Hollis terms and conditions of appointment_** * Information on client money - Hollis will hold a clients' money in very limited circumstances. * Performance of services - confirmation that services will be performed with reasonable skill, care and diligence. * Fees on disbursements - Hollis will add 10%. * Payment terms - 30 days, have right to charge interest if not paid. * Data protection. * Liability - £1mil in respect of each and every claim. **_Hollis Standard Limitations_** * Inspection may be impeded by weather conditions. * Concealed and hidden elements - will open up areas were safe to do so e.g suspended ceilings but other elements not possible unless intrusive opening up works instructed. * Specialist consultants - we will not be responsible for their performance etc.

Question 163

Why is it important to understand a client's requirements prior to undertaking an instruction?

Answer 163

* To ensure that you have the necessary knowledge, skills and expertise to take on the instruction - if this is not obtained there is a higher risk of a claim of professional negligence. * To ensure that the client is provided with good quality and diligent service.

Question 164

What is the safe person concept (surveying safely)?

Answer 164

* Each individual assumes individual behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work.

Question 165

What does the RICS Guidance Note Surveying Safely cover?

Answer 165

* Personal and firm responsibilities (safe person concept and corporate responsibilities). * Assessing hazards and risk. * Risk in the workplace. * Occupational hygiene and health. * Visiting premises and sites - how to prepare, considerations during a inspection, leaving and review of the visit. * Fire safety: risk of fire and fire safety management. * Residential property surveying. * General procurement and management of contractors.

Question 166

## Footnote **For your schedule of condition of the Georgian manor house in Berkshire, were any parts listed? Provide some background on the property.**

Answer 166

* The Property is Grade II listed. The entire building is Grade II listed and therefore according to listing practice the listing includes both the structure itself and any object or structure fixed to it (whether inside or outside) as well as any object or structure within the curtilage of the building. * For these purposes, to be included within the curtilage of the building, the object or structure must have formed part of the land since before 1st July 1948. * Grade II listed neo-Georgian mansion. * Built in 1931 by Sir Hugo Cunliffe-Owen where it replaced a former mansion. * He was a Director of an American tobacco company. * The estate was sold to the crown then the building used as a Civil Defence College until 1950.

Question 167

What are the Minimum Energy Efficiency Standards (MEES)?

Answer 167

* Implemented by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. * Define the minimum energy standards that need to be achieved before a property can be rented. * Energy efficiency standards of a property need to be proven with an EPC (Environmental Performance Certificate). Timeline: * 1st April 2018 landlords of privately owned property needed to ensure their property had an EPC of E before granting a new lease to a new or existing tenant. * From 1st April 2023 this will apply to all properties even with existing lettings! * By 2025 all privately owned property will need to reach a C. * By 2030 all properties will need to reach a B. The changes are a precursor to reaching a new target set out in the Government energy white paper that was unveiled in December 2020 to achieve net zero emissions by 2050.

Question 168

What is dry rot? How would you identify it? How would you treat it? What would happen if left (prognosis)?

Answer 168

Timber decaying fungus (Serpula Lacrymans) that digests softwood and hardwood timber, reducing its structural integrity. - Is not found in nature – only in internal timber constructions. - Identifiable by: 1. Timber can crumble. 2. Mushroom odour. 3. Dull brown colour. 4. Defined cuboidal cracking. 5. White, fluffy mycelium or can be pearly grey and white sheets (depends on humidity). 6. Pancake shaped / bracket shaped fruiting bodies with white edges and rusty red colouration (spores). - Treated by: 1. Locate and eliminate source of moisture - survey structure and identify issues (defective plumbing, rainwater goods, damaged rendering, defective roof coverings etc). 2. Promote rapid drying - Heat the building and allow sufficient ventilation. Can use dehumidifiers but ventilation will need to be reduced to work. Remove floorboards adjacent to wet walls if necessary and increase / ensure sub floor ventilation - can even install heavy gauged polythene sheeting to oversite where floor is particularly wide. 3. Determine full extent of the outbreak - survey visually but also use screwdriver to detect softened wood. Where timber floor joists are suspected to be infected and embedded in walls plaster will need to be removed. Skirting boards and floor boards may also need to be removed. 4. Consult a structural engineer if structural timbers are suspected to be compromised. 5. Remove rotten wood - cut away 450mm beyond furthest extent of infected timber. Treat walls with fungicidal fluid. Apply sound timbers with preservative via repeat application to drilled holes, application of proprietary pasts of insertion of borate rods to ensure deep penetration. Then install new pre-treated timber. 6. Monitor. Prognosis: - Left untreated it will spread to other timbers through masonry and plaster and caused structural failure.

Question 169

Where would you find information for diagnosis and treatment of wet rot?

Answer 169

- BRE Digest 345

Question 170

What is wet rot? How would you identify it? How would you treat it? What would happen if it was left (prognosis)?

Answer 170

- Most common type is Ciniophora Puteana (known as cellar fungus). - Highly vulnerable to fluctuations in moisture and thrives in timber with 50-60% moisture content. - Identified by 1. Surface cracks that follow the line of the timber grain. 2. Thread-like strands of hyphae which are yellowish and become darker brown with age. 3. Fruiting body rarely found. 4. If fruiting body is present (usually outdoors) it is this olive brown plate irregular in shape with a knobbly texture. - Treatment: 1. Locate and eliminate source of moisture. 2. Promote rapid drying. 3. Determine extent of damage. 4. Remove timber 500mm beyond affected areas. 5. Treat infected timbers and install new pre-treated timber. - Not as severe structurally as dry rot but can eventually cause failure.

Question 171

What is the life cycle of damp ?

Answer 171

* Spore * Hyphae * Mycelium * Fruiting Body

Question 172

What causes spalling masonry?

Answer 172

* Incorrect application of cement pointing: In solid wall buildings, if lime based mortar is replaced with cement mortar the mortar joints cannot release the interstitial moisture within the wall, it therefore is released through the brickwork which leads to spalling due to excess moisture release and makes the bricks more susceptible to freeze thaw as they have a higher moisture content. * Freeze thaw: Water absorbed through the porous surface of the bricks and then expands upon freezing. * Crystallisation of salts (cryptoflorescence): this occurs just below the surface of the bricks leading to spalling. Occurs from large build up of salts and usually occurs where older, weaker bricks are re-used inappropriately in areas of excess dampness (at ground level which is susceptible to splashback - should use engineering bricks).

Question 173

What are the different types of common damp in buildings?

Answer 173

- Condensation. - Rising damp - Penetrating damp

Question 174

What is cut edge corrosion? What causes it? How would you remedy it?

Answer 174

* Caused by cutting each profiled metal roof sheet to length, causes micro cracking of the protective corrosion which lead to corrosion of underlying metal in presence of moisture. * Can be caused by moisture being trapped in lap joints (held by capillary pressure) – breaks down protective coating. * Dirt traps can occur at edge of sheet (if levels off) which can lead to further dirt and moisture build up = deterioration of protective coating + corrosion. * Issue treated by cleaning the affected area (chemical cleaner/blast cleaning etc) then applying silicone based paint system over priming layer according to manufacturer’s instructions. E.g Girosil Edge RC-E.

Question 175

What defects are associated with GRP rooflights?

Answer 175

* Loss of transparency, embrittlement etc caused by ultraviolet light breaking down polymers in the rooflight plastic. * Incorrect installation: 2 lines of sealant should be installed to each end of a rooflight (usually recommended by manufacturer's). * Embrittlement of foam fillers by UV degradation.

Question 176

What are the stages of plastisol coating deterioration?

Answer 176

1. Loss of colour 2. Caulking 3. Delamination

Question 177

What is penetrating damp? What are the causes? How would you remedy it?

Answer 177

- Occurs when water penetrates the a building's envelope. - Causes can include: 1. Saturation of walls exposed to prevailing winds, usually south or south-westerly. 2. Defects with masonry walls that allow penetration e.g damaged masonry and lack of pointing. 3. Leaking rainwater goods: can saturate the masonry leading to frost damage which then allows water ingress, can also enter into the loft space if sarkiing is too short and guttering overflows due to blockage. 4. Defective or missing cavity trays. 5. Failed roof coverings (slipped tiles and defective flat roof coverings). - Remedy includes: 1. Find and rectify the source of the leak. 2. Promote rapid drying (through heating and ventilation or dehumidifier and restricted ventilation).

Question 178

How did you know that you were dealing with penetrating damp to the internal elevation of the property in Hastings (not the roof)?

Answer 178

* The staining and deterioration to the internal plasterboard / decorative finishes was patchy and concentrated in numerous areas along the length of the elevation. If it was rising damp I would expect to see a linear tide line around 1.3 m max height. * I was lucky that the second time that I visited the property there had been a sustained period of rainfall and I could see that the areas of staining observed previously had darken.

Question 179

What is Japanese Knotweed?

Answer 179

- A herbaceous perennial plant that is a non-native, invasive species in the UK. - First introduced for ornamental purposes in the mid 1825 century but now very invasive due to lack of enemies such as insects, bacteria and fungi that are only present in it's country of origin. - JK grows through spreading of rhizomes laterally. - Causes circa. £165m per year. - Commonly found around public waterways and railway tracks.

Question 180

How would you positively identify Japanese Knotweed?

Answer 180

- Green, shield shaped leaves with flattened bases. - Hollow, bamboo-like stem which is light green with speckled red colouration. - Small, clustered creamy-white flowers. - Thick and extensive rhizomes which are orangey-yellow internally.

Question 181

What are the different growth stages of Japanese Knotweed?

Answer 181

- Spring: emerging stems that can range from green to red and purple with rolled leaves. - Late summer / early Autumn: Creamy-white flowers form in drooping clusters. - Autumn / winter: Stems only present and turn various shades of brown, sometimes with orange tinge.

Question 182

What are the remedial options for Japanese Knotweed?

Answer 182

- Excavation and disposal: Excavation can extend up to 3m vertically and 7m horizontally from the above ground growth. Is then taken to appropriately licenced waste management facility. - Onsite burial and encapsulation with membranes: Excavated then buried on site, if can't be covered with 5m of overburden a specialist root membrane must be installed or the Japanese knotweed will be completely encased with root barrier if it cannot be completely buried. - Chemical control with use of specialist herbicides applied by mixture of stem injection and localised spraying. - Biological control: introduction of a 'pest' species that will attack the JK. Trials currently being undertaken with Japanese sap sucking insects. However will not control infestation on its own.

Question 183

What legislation imposes a responsibility on property owners with regards to Japanese Knotweed?

Answer 183

- Wildlife and Countryside Act 1981 - it is an offence to plant of otherwise cause Japanese Knotweed to grow in the wild. - The Duty of Care Regulations 1991 - Japanese Knotweed is classed as controlled waste and therefore owners owe a duty of care when handling and disposing of it.

Question 184

What are the pros and cons with the main Japanese Knotweed remedial options?

Answer 184

Herbicidal treatment: + Cost effective. + Carried out in situ - less risk of accidental spread. + Quickly reduces ability of JK to spread and impact structures. - Can take years to complete treatment (3 year course then monitoring). - Not appropriate where development is planned - will cause spreading. - Continued monitoring required 2 years post treatment to confirm rectification. Burial: + Work can continue immediately after burial. + Quick. - May not be possible to burry on site - buried services etc. - Not possible if water table is high. - Rhizomes can be accidently spread. Excavation and offsite disposal: + Quickly removes JK. + No restrictions left on site. + Works can continue immediately. - Expensive. - Reduces valuable landfill capacity. - Increased risk of spread. - Should be used as a last resort measure.

Question 185

Explain the valuation process and the responsibilities of a contract administrator for a JC intermediate Contract

Answer 185

1. Contractor must issue application for payment no later than the valuation date. 2. Valuation date occurs (stated in contract particulars – will change to closest business day). 3. Due date (date at which the CA values the works) is 7 days after the valuation date. 4. Contract administrator must issue a certificate for payment (interim cert) within 5 days after the due date – the cert = the amount they deem should be paid at the due date. 5. Final date for payment in standard contract is 14 days from the due date. 6. If the employer intends to withhold any amount from the sum certified, the they must provide written notice of their intention no later than 5 days before the final date for payment.

Question 186

How does the valuation process differ with regards to the JCT Design and Build Contract?

Answer 186

- Essentially the same as the JCT intermediate contract BUT – Due dates can change. - If the contractor submits their application for payment before the valuation date, then the due date is still 7 days from valuation date, but if received after the valuation date then the due date is 7 days from the day of receipt of the AFP.

Question 187

What is the procedure for interim valuations for the JCT Intermediate Contract, 2016?

Answer 187

1. Valuation date occurs at monthly intervals as stated in the contract particulars (or closest working business day). 2. If the contractor issues their application for payment prior to or on the interim valuation date then then due date is 7 days after the interim valuation date. 3. If the contractor submits their interim payment application later than the valuation date the due date is 7 days from the date of receipt. 4. The employer / EA must issue a payment notice five days after the due date. 5. The final date for payment is 14 days from the due date. 6. If employer wishes to pay contractor less than sum stated in interim certificate then they must issue a pay less notice no later than 5 days before the final date for payment. Note: the overall effect of the payment mechanism is that the contractor's interim payment application is a condition precedent to its right to be paid!

Question 188

Talk me through how you would undertake a valuation?

Answer 188

* I try to ensure that progress meetings align as close to the due date of each interim valuation to ensure I can view the current progress of works and value them as accurately as possible. * On site I will check off all works completed by observing them against the previous valuation document. * I will then review the contractor's Application for Payment when received and input the valuation percentages I believe are correct against all works items. I will request for vesting certificates for any offsite materials that the contractor has included within their application for payment. * I then produce a payment certificate and issue to the employer and contractor, along with formal correspondence and the valuation document.

Question 189

What other suites of contracts are there? When would they be used?

Answer 189

**_NEC (New Engineering Contract)_** * Suitable for domestic and internal use. * Aims to offer better clarity, flexibility and management processes. * Administered by a Project Manager rather than a Contract Administrator. * Has early warning notices and compensation events rather than relevant events / matters. * Enables a more proactive and collaborative approach rather than focusing on liabilities and risk (JCT). * NEC4 - Engineering and Construction Contract: used for a large proportion of the England Olympic infrastructure. * Tend to be used for Public Procurement - Phase 2 of HS2 is using NEC3. **_FIDIC_** * French suite of contracts. * Used Internationally - good to encourage international bidding to secure more competitive tenders. * Contract types are referred to by colour: 1. Green Book - used for engineering and building work of small value, non- specialist work (traditional procurement), allows for contractors design portion. 2. Red Book - used for when employer undertakes design (traditional procurement). 3. Orange Book- used when design is carried out by the contractor (Design and Building procurement) and for turnkey contracts (where employer wants a fully completed project fit for the end user.

Question 190

**What are contract amendments? When have you done this? What is the risk?**

Answer 190

* Amendments to contract clauses that usually the employer wishes to make do protect themselves usually from issues they have had in the past or to adapt the contract for the works. * I have done this for my case study at the request of the client’s solicitors who issued the contract amendments which were then integrated into the standard form contract. * The main addition was a clause that outlined certain works / deleterious materials that should not be specified such as high alumina cement, wood wool slabs and asbestos. * Only solicitors should design contract amendments as incorrectly modifying standard forms of contract can lead to no interaction / cross referencing of key clauses (not enforceable if not properly cross referenced), issues with interaction of common law – e.g modifying EoT clauses can lead to unwanted outcomes .

Question 191

What are the advantages and disadvantages of negotiated tendering? When would you utilise negotiated tendering?

Answer 191

* *_Advantages:_** - The contractor is usually approached because they have carried out similar works and to the required standard before so there is greater certainty of cost and quality. - Time and cost savings by reducing input into the tendering process because only a single tender needs to be analysed. - Time saving on tender process allows earlier commencement of the works. * *_Disadvantages:_** - Lack of competitive tendering may increase the cost for the works. - Negotiation process needs to be structured and controlled otherwise there could be adversity between the parties before works have even commenced. - You would usually utilise negotiated tendering when overall programme length is a priority over cost and whereby the client wants to replicate the quality of a project that the contractor has delivered before.

Question 192

What is the difference between procurement and tendering?

Answer 192

- Procurement is the overall act of obtaining goods and services from external sources (for example a building contractor) and includes decision making with regards to how the goods are to be acquired by reviewing a client's requirements (i.e time, quality and cost). and their attitude to risk. - Tendering forms part of the procurement strategy and involves the bidding process to obtain a cost for the works and how a contractor is appointed.

Question 193

What are the key contractual procedures have to occur to enable an employer to claim liquidated damages?

Answer 193

* The contractor must have not completed the works or section of works by the contractual completion date. * The contract administrator must have issued a certificate of non-completion. * The employer must have notified the contractor in writing that they intend to claim liquidated damages. This may be by ordering the contractor to pay them or deducting them from the sums owed to the contractor. * If the employer wants the deduct the liquidated damages from sums owed to the contractor then a pay less notice is required to ensure compliance with the Housing Grants, Construction and Regeneration Act 1996.

Question 194

What is the RIBA Plan of Work?

Answer 194

- The RIBA plan of work organises the process of briefing, designing, constructing and operating projects into 8 stages and explains the stage outcomes, core tasks and information exchanges required at each stage.

Question 195

What are the stages of the RIBA Plan of Work?

Answer 195

0 - Strategic definition 1 - Preparation and briefing 2 - Concept Design. 3 - Spatial Coordination 4 - Technical Design 5 - Manufacturing and construction 6 - Handover 7 - Use

Question 196

Tell me the stage outcomes and information exchanges for each of the RIBA Stages

Question 197

What are preliminaries?

Answer 197

- They provide the description of the project to allow cost assessment and specify general conditions and requirements for execution. For example: project description, site access and parking etc. - From the preliminaries a contractor can price for cost significant items that they need to carry out the works such as site welfare and provision of temporary services.

Question 198

What are preambles?

Answer 198

- A preamble is an explanation of a document, commonly found in contracts, specifications and bills of quantities. It helps with the interpretation of a document. - A preamble may include: 1. Description of parties to the contract. 2. A description of the competence of parties to a contract - this will include a set of general standards for the quality of goods or services required. 3. Tendering procedures. 4. Objectives of the project.

Question 199

What is the difference between preliminaries and preambles?

Answer 199

- Preambles are the explanation of the works that don't form part of the costings, preliminaries are used to describe the project and allow costing of items that are required to complete the works, for example temporary access and welfare.

Question 200

What is NBS?

Answer 200

- The National Building Specification is a UK based company that provides specification platforms used by construction professionals to produce high quality and standardised specifications for construction projects.

Question 201

Why would you use NBS?

Answer 201

- Allows collaboration - others can be invited to edit the document. - Ensures consistent standard and format for all projects. - All statutory standards are kept up to date, such as British Standards. - Is the standard specification platform used in the UK so contractors are used to working with this form of specification.

Question 202

What does the pre-construction information contain?

Answer 202

- The information that is in the client's possession or which is reasonably obtained relevant to the works and is of appropriate detail proportionate to the task. - Includes: 1. Project description. 2. Client's considerations and management requirements (hoarding, welfare, traffic restrictions). 3. Environmental restrictions and existing on site risks (ground conditions, buried services, asbestos surveys, local infrastructure - adjacent railways etc). 4. Significant design and construction hazards (design risk assessments, suggested method statements). 5. Health and Safety file requirements.

Question 203

Name and explain the different types of specification.

Answer 203

- Prescriptive specifications: Provide detailed descriptions of specific materials to use and how they should be installed. - Performance specifications: Addresses the operational requirements of a installation. The focus is on the project outcome, indicating how it must function, it is up to the contractor how they achieve this. - Descriptive specifications: Designer controls design intent and defines the performance criteria. Specialist contractor uses skills and expertise to complete the design whilst maintaining the design intent.

Question 204

What are the building regulations?

Answer 204

- Statutory instruments that set our the minimum performance standards for the design and construction of buildings.

Question 205

How do you design out risk in any project?

Answer 205

Specified cold liquid roof covering instead of reinforced bitumen so no hot works were required and using water based paints.

Question 206

What is a design risk register?

Answer 206

- A document that lists all significant design risks so they can be identified, collated, monitored and reduced as part of the design process. - At the end of the design process, the register provides an audit trail of design decisions and the residual risks then can then be reduced and monitored. - Examples of designing out risk = using water based paints, using cold liquid applied roof system instead of bitumen systems which require hot works.

Question 207

What types of guttering can you have?

Answer 207

Syphonic - get definition and other one (gravity?).

Question 208

You say you are aware of common building defects, give some examples of defects you would find in residential, industrial and office buildings.

Answer 208

**_Residential_** **Georgian** * Water ingress through parapet walls and valley gutter details. * Missing or poorly altered load-bearing timber partitions. * Failure of roof trusses * Poorly applied or painted stucco limiting water evaporation from walls * Rotten or stuck sash windows **Victorian** * Defective slates and nail sickness. * Deflection of roof timbers caused by installation of heavier concrete tiles (cheap). * Blocked air vents to suspended timber floors from removal or raising of external pavement level. * Lack of lateral support between terrace houses (known as the book end effect); joists run parallel with part walls. _Modular - Post Second World War_ * Use of asbestos sheets to roofs. * Corrosion of steel frames used. * Alkali Silica Reaction affecting concrete frames (gel **General housing (modern)** * Cracking and movement of walls due to timber frame being wet and then shrinking once dried out. * Heave / subsidence. **_Industrial_** * Impact damaged cladding. * Cut edge corrosion. * UV degraded roof lights. * Asbestos roof sheets. **_Office Buildings (60s-80s)_** * Hollow clay pot floors - can exhibit loss or strength due to honeycombing of the structural concrete ribs of the floor system which reduces structural integrity and fire stopping capabilities. Incorrect removal of topping screed if structural to gain floor height can lead to structural failure. * Wood wool cement board - WWCB is formed of softwood shavings which are coated and bounded by Portland cement. WWCB was commonly used as permanent shuttering in flat slab or ribbed reinforced concrete floors. There is risk of poor concrete cover to the steel structural members therefore reduces durability, structural integrity and fire resistance. If discovered the shuttering be removed to determine coverage and parch repairs undertaken by hand if necessary.

Question 209

Can you name the main types of deleterious materials that are harmful to **_people_**?

Answer 209

**_Lead_** * Used in lead water pipes and lead paint. * Risk of contamination of drinking water in lead pipes or from lead solder used in plumbing joints. * Risk of inhalation of lead dust when maintenance of lead-based paint (sanding down). **_Urea Formaldehyde Foam_** * Used in cavity wall insulation but rare in the UK. Can be used in medium density fibreboard and chipboard as an adhesive. * Evidence that it is carcinogenic but not proven. Possibly could cause issues in areas with low / no ventilation. **_Asbestos_** * Used in all building types particularly between the 50s, 60s and 1970s. * Airborne asbestos can caused asbestosis, lung cancer and mesothemelioma. **_Machine Made Mineral Fibres (MMMFs)_** * Commonly used in contemporary construction. * MMMFs are classed as carcinogenic but many types are not considered harmful. Specific types such as special ceramic fibres but are rare in buildings. Current lab trials are being undertaken to determine full extent of the effects. **_Formaldehyde_** * Common in adhesives and furnishings. * It is a naturally occurring organic compound which is used in particleboards and MDF. * Is classed as a carcinogenic but only releases small amounts of gasses which can be combatted by ventilation.

Question 210

Can you name the main types of deleterious materials that are harmful to **_buildings_**?

Answer 210

**_Calcium silicate brickwork_** * Used instead of concrete or clay bricks more often used to form inner leaf of a cavity wall. * Bricks shrink after construction due to drying then expand due to later wetting which causes step cracking. * Bricks can perform well if movement joints are incorporated and designed correctly. **_Calcium chloride additive_** * Commonly used in in-situ concrete as an accelerator and used in buildings prior to 1977. * Reduces the passivity of concrete in damp conditions which leads to risk of corrosion of steel reinforcement. **_High alumina cement_** * HAC initially used for maritime application - develops strength rapidly. * HAC was used for structural concrete during the 70s in particular. * Undergoes mineralogical change called conversion - increases its' porosity and susceptibility to chemical attack. * Conversion is identified by concrete becoming friable and changes to a chocolate brown colour. * Not always detrimental - needs to be monitored, cannot be fixed. **_Sea dredged aggregate_** * Used in in situ and precast concrete. * Aggregate has high amount of salts which if not washed out properly, can cause a risk of corrosion to steel reinforcement or contribute to alkali aggregate reactions. **_Woodwool slabs_** * Often used as decking to flat roofs and permanent shuttering. * When used as decking is generally deemed acceptable providing it is kept dry. * When used as permanent shuttering is may result in grout loss (honeycombing) or voiding of concrete surrounding steel reinforcement which causes loss of structural integrity and fire performance. * Repaired by application of sprayed concrete. **_Brick slips_** * Typically used in 70s / 80s properties. * Risk of poor adhesion and lack of soft joints can transfer load to slips and cause delamination. **_Nickel sulphide impurities (found in toughened glass)_** * The toughening process involving heating converts some particles into an unstable state. * These unstable nickel sulphide inclusions then slowly convert back to their stable state over a period of months or even years which causes expansion and spontaneous fracturing of the glass. * Nickel sulphide inclusions can result in spontaneous fracturing of toughened glass. **_Clinker concrete_** * Typically used in late 19th / 20th century construction for fire resisting floors with steel reinforcement. * In damp conditions produces sulphuric acid from unburnt coal in the clinker concrete which corrodes the steel reinforcement leading to structural failure. **_Masonry encased steel_** * 19th / 20th construction. * Corrosion of steel frame due to poor protection against moisture and corrosion resulting in cracking and dislodgement of building stone.

Question 211

W

Question 212

What is heave and subsidence? How would you detect it? What are the remedial options for it?

Question 213

How does the JCT Intermediate Contract deal with the valuing of offsite goods?

Answer 213

* The contract confirms the basis for calculation of an interim certificate which includes: 1. Total value of works properly executed. 2. Total value of materials and good properly on site. 3. Value of off-site materials, goods or items provided that they are ‘**_listed items’_** - this is as long as the provision applies in the contract (we do not usually allow this). * **_IF_** listed items provision applied then offsite materials can be valued and the contract states that these materials must: 1. be in accordance with the contract. 2. the contractor has proof that the property is vested in it. 3. contractor provides proof that the items is insured against specified perils until delivered to site. 4. materials are clearly set apart and marked as the employers. 5. If required the contractor will need to provide a bond.

Question 214

What type of additional protection is there for a client in relation to a construction contract?

Answer 214

**_Bonds_** * Means of protection for the employer for non-performance by the contractor - acquired by a bondsman who will then have to pay out if non-performance by the contractor. * IC2016 refers to 3 types of bond 1. **_Advance payment bond:_** used when contractor has been given advance payment to ensure they undertake the works once paid up front. 2. **_Bond for payment for off-site materials:_** for payment of goods before brought to site - will pay out if not delivered. 3. **_Performance bond:_** A performance bond is commonly used as a means of insuring a client against the risk of a contractor failing to fulfil contractual obligations to the client. Usually set at 10% and goes towards appointing a new contractor. **_Collateral warranties_** * Collateral warranties are used as a supporting document to a primary contract (JCT provides these standard forms of warranties) where an agreement needs to be put in place with a third party outside of the primary contract. Sometimes an architect, contractor, or sub-contractor will need to warrant to a funder, tenant or purchaser that it has fulfilled its duties under a building contract. JCT intermediate describes five types of collateral warranties: 1. A sub-contractor warranty to the employer. 2. Warranty from the contractor to a purchaser or tenant of the building works. 3. Warranty from the contractor to a company providing finance for the building works.

Question 215

You mention that upon receiving valuations from a contractor you then undertake your valuation, is this always the case contractually?

Answer 215

No, it is dependent on the type of contract being administered, for example under the JCT Intermediate Building contract the contractor has the right to submit an interim payment application which the CA can review but it is not a prerequisite for payment unlike the JCT D&B whereby the contractor is required to submit an interim payment application prior to being paid.