Everything Flashcards
What are the insurance options under minor works?
- Clauses 5.4A: The works by the contractor.
- Clauses 5.4B: The works and existing structures by the employers.
- Clauses 5.4C: The works and existing structures by other means.
What are the insurance options under intermediate works?
- Clauses 6.7A: Contractor to take out a joint named policy for all risks.
- Clauses 6.7B: Employer to take out a joint names policy for all risks.
- Clause 6.7C:
- Paragraph C.1 requires employer to take out joint names policy for existing building & contractor.
- Paragraph C.2 requires a joint names policy for all risks.
How was the Stone Pediments fixed at Aylwood Academy?
Expanding anchors through angle iron, mechanically fixed with wood screws to treated timbers, through tiles with flashing and mechanically fixed to the roof structure.
Could any other fixings been used on the Stone Pediments at Aylwood Academy?
Chemical anchors / Bounded fixtures - Bounded material & embedded metal in a pre-drilled hole.
What is the difference between liquidated and unliquidated damages?
- Liquidated damages are a pre-agreed amount of money that are set out in advance in the contract.
- Unliquated damages are not pre-estimated in advance when the contract is signed.
The contract to identify, which applies to avoid ambiguity.
What is the key difference between a JCT Intermediate and minor works contacts?
Intermediate allows for:
- Phasing requirements
- Use of named sub-contractors
And they have different insurance provisions.
When was Asbestos banned?
November 1999
What is the void depth under an L1 system that requires a detector?
800mm
What 3 types of statements make up a companies account?
- Balance Sheet
- Profit & Loss Statement
- Cash Flow Forecast
Name three types of deleterious material?
- Wood Wool Slabs:
- Stramit Board:
- Lead Paint:
Can cause damage to the brain & other vital organs such as kidneys, nerves & blood. - Silica Bricks:
They cannot provide resistance to water or fire for longer periods.
When did the RICS Surveying safety 2nd edition guidance note issued?
February 2019.
What are the three keys terms that should be considered from a risk perspective in the context of every instruction you take?
- Scope
- Fee Calculation
- Liability Cap
What included on a RICS annual return?
- Type of business & Staffing
- Nature of clients
- CHP & Records
- PI Insurance details
- Whether the firm holds clients money
Explain PII requirements relating to Fire Safety cover & Cyber cover?
- Fire:
Increased PII cover for buildings 4 storeys & under to protect firms. - Cyber cover:
Must reflect PRA (Prudential Regulation Authority) requirements. Minimum wording now excludes cyber attacks but has published general guidance.
What is the assigned risk pool’s (ARP)?
Provides cover for firms that cannot obtain cover.
Explain your understanding of the RICS Guidance note risk, liability & insurance - 1st edition.
Offers guidance on main risks and liabilities with service offered. Guides negotiations of contracts to avoid pitfalls and risks.
What documents does the RICS offer?
- International Standards
- Professional Statements
- Guideance Notes
- Codes of Practice
- Jurisdiction Guides
Explain when you might agree a liability cap?
RICS recommends using a liability cap to ensure a fair allocation of risks and reward between yourself and client.
How would you set out third party reliance in terms of engagement?
Agree with the client on an fair informed basis.
What changes did RICS recently make to the minimum PII wording? Month & year.
Obtain improved fire safety coverage to buildings 4 storeys and under on an aggregate basis on firms PII & cyber cover.
May 2022.
In a negligence claim, what would help to show that you have acted with consideration & due process?
- Keep full & detailed records of meeting, conversation etc.
- Record recommendations and advice given.
- Use proper letters of engagement, scope of service & terms of engagement.
- Don’t advise on a specialism outside of your field of experience.
- Use RICS guidelines.
What does “Agregate basis” mean?
Limit of indemnity insurers will payout over a specific time frame.
What presidents has case law set in terms of keeping adequate notes ( and therefore providing a defence in a PII claim)?
William Tarr vs Anthony Roy lance. Contractor vs engineer- designed a retainer wall and drain. WT thought they had engaged AR personally and not his company wanting to sue him directly. No formal appointment, only emails. Important to retain exact scope of device etc.
What presidents has case law set in terms of keeping adequate notes ( and therefore providing a defence in a PII claim)?
William Tarr vs Anthony Roy lance. Contractor vs engineer- designer a retainer wall and drain. WT thought they had engaged AR personally and not his company wanting to sue him directly. No formal appointment, only emails. Important to retain exact scope of device etc.
Tell me 2 things about the PII update the RICS published in September 2022?
- Changes to annual returns to provide better data for RICS.
- Development of experienced broker HSE.
- Shopping & possible delivery of a common proposal form.
- Review of RICS minimum policy wording.
What is PII aggregation clauses?
Allows linked claims to be treated a a single claim.
What does “Claim Made” mean in terms of PII?
When a policy covers claims made during a period of insurance, regardless of when the act occurred.
Is a PII excess usually paid for per claim?
Yes.
What are the requirements regarding PII by the RICS?
- Must be made on an “each and every” claims basis.
- Gives minimum wording.
- Sets out minimum levels of indemnity.
- Sets out maximum levels of uninsured excess.
- Should include cover for past and present employees, directors & partners.
What RICS requirements are there relating to run off cover?
- Consumer limit of £1m in all for 6 years
- Non-consumer - adequate run-off cover for 6 years.
What money laundering regulations or legislations are you aware of?
The money laundering, terrorist financing and transfer of funds (information in the payer) regulations 2017.
What are the penalties for accepting a bribe?
Unlimited fines and jail sentences.
What are the penalties for being involved in money laundering?
Up to 14 years in prison and unlimited fines.
What constitutes an offence under the bribery act 2010?
Offer, promise or give an advantage, directly or indirectly, to another person, intending that a person is rewarded for or induced to, perform a relevant function or activity improperly.
What constitutes an offence under the current money laundering regulations?
The possession, concealment, conversation, transfer or making of arrangements relating to procedures of crime this is not limited to money or cash.
How long should you keep anti-money laundering records for?
5 Years.
What is Professional Indemnity Insurance?
Insurance cover in the event of financial loss due to professional negligence.
What are the key functions of RICS?
1 - Regulate & promote the profession.
2 - Maintain the highest standards.
3 - Protects clients & consumers through a strict code of ethics & professional standards.
4 - Provide impartial, advice, analysis and guidance.
What does RICS stand for & when was it founded?
- Royal Institution of Chartered Surveyors.
- Started in 1792.
Who is the current RICS president?
Ann Gray FRICS January 2023.
What do the 5 rules of conduct replace?
The former RICS Rules of Conduct for members and firms and five global professional and ethical standards.
Give an example of a behaviour from each of the 5 rules.
1 - Dealing with Gifts / Hospitality / Bribery.
2 - Structured CPD.
3 - Working diligently to timescale agreed with clients.
4 - Equality act 2010.
5 - Complaints handling procedure.
Why do you want to become a member of the RICS?
- Become part of the community in the largest international property organisation in the world.
- Obtain elite professional status.
- Access to technical resources, guidance, information and support.
- Benefits our clients.
What is the Fire Safety Act 2021?
The act requires the responsible person of multi-occupied residential buildings with two or more domestic premises to update their FRA to include an assessment of the building structure, external walls and flat entrance doors.
Updated Feb 2023.
What is the Fire Safety (England) Regulations 2022?
January 2023, under article 24 of the Fire Safety Order 2005. For high rise buildings over 11m & all multi-occupied residential buildings with 2 or more domestic premises and make it a requirement for responsible persons of high rise buildings to provide information on their buildings to their local Fire and Rescue services.
* Plans
* External wall systems
* Lifts
* Fire fighting equipment
What are the 6 categories of cracks in BRE 251?
- 0 Hairline - Less that 0.1 mm = No action required.
- 1 Fine cracks - Up to 1 mm = Normal decoration.
- 2 Cracks easily filled - Up to 5 mm = Doors & windows may require adjustment.
- 3 Cracks that require opening up - 5 to 15 mm = May need to repointing externally .
- 4 Extensive damage - 15 to 25 mm = Frames become distorted, may require walls replaced.
- 5 Structural damage - 25< = unstable structure; Major requirements.
What is JCT minor works Insurance options?
- 5.4A - Employer to be included as an joint name with the contractor on the insurance policy for the new works.
- 5.4B - Employer to provide “Joint names” insurance policy for the new works and the existing structure.
- 5.4C - Requires the works and existing structure to be insured by “other means”.
What is collateral warranties definition?
A contractual link between the third party and the client. Sits alongside the main contract and provides a contractual link for both parties that otherwise may not be there, enabling a client to claim if the main contact becomes insolvent.
What is Hollis’s Book?
Malcolm Hollis surveying buildings.
What is BRE 251?
Assessment of damage in low-rise buildings, it is used to assess and classify visible damage from structural movement.
What is the Minimum Lux levels for emergency lighting?
Minimum of:
1 Lux = Escape route
0.5 Lux = Open Area
10% of Normal Conditions = High Risk
What foam was used at Wycombe High School?
We specified intumescent foam.
Contractor to provide proposal, for approval. When provided with data sheet we checked it was suitable.
*Blue 60 Fire rated frame foam
*7 - 30mm gaps
What is the metric for liquidated damages?
- Loss of income.
- Cost for temporary accommodation.
What is the technical word for blown concrete?
Spalling.
Typical defects on a 60’s building?
- External wall cladding.
- Stramet & Wood wool slab deck.
- Thermal movement.
- RAAC Planks.
What documents would you refer to for a crack?
BRE 251.
What are the IEE regulation?
Institution of Electrical Engineers became BS 7671 18th edition, which sets out requirements for insulation of fixed cabling within a building for safe and proper practice.
Name 3 types of sustainable alternatives?
- FSC Sourced timber
- LED lighting
- Photovoltaic Panels
What is the depth of a door liner on a Fire door?
25mm
What is a type of Fire Rated Glass?
Pilkington Pyrodur.
What is EWS1 certificate?
Is an external wall system fire review certificate. They come into play when a lease holder is buying, selling or re-mortgaging an apartment in a multi-storey, multi-occupied residential building.
What is P406?
Supervision and management of the safe removal & disposal of asbestos.
What is P405?
Management of asbestos in buildings (including asbestos removal) is an industry standard qualification for those whose work involves asbestos management such as building managers, responsible persons and those who look after asbestos management data.
What is HSG 210?
A task manual for building maintenance and allied trades of non-licensed asbestos work. Good practice for non-licensed tasks and cover the actions needed to reduce exposure to an adequate level.
What are the fixings used to fix a door frame into position?
Fischer Frame Fixings.
Name 3 different types of aluminum profiling?
- Extruded aluminum.
- Pressed aluminum.
- Cast aluminum.
What are Quartzoid bulbs in a sprinkler system?
The bulbs burst in high temperatures and water flows from the sprinkler heads.
What was the manufacture used for the Fire batts used at WHS?
- Rockwool Fire Barrier System.
- Rockwool insulated Fire sleeves.
What is an asperation detection system?
A highly sensitive form of fire detection system that can detect a fire at an early stages, through air samples that test for the presence of smoke.
What are three types of mechanical fixings?
- Drilled & Tapped.
- Self Tapping.
- Riv Nuts.
What financial checks can be done on a contractor before appointment?
- Dunn & Bradstreet Report.
- Experian.
- Equifax.
What is another document that can be used other than a fee proposal letter?
- The RICS short form of consultants appointment.
- RICS schedule of service.
What is a flat roof build up?
- 1 = Joist
- 2 = Decking
- 3 = Vapor Control Layer
- 4 = Insulation
- 5 = Weather proofing layer
Wood boring beetle common types:
Common furniture beetle
- Soft & hard wood.
- 2mm holes.
- Chocolate brown in colour.
- 3 year life cycle.
Wood boring beetle common types:
Death watch beetle
- Hardwood.
- For an attack to start timbers must also suffer fungal decay.
- 2 - 3 mm holes.
- Greyish brown in colour.
- 5 - 6 year life cycle.
Wood boring beetle common types:
House long horn beetle
- Soft wood.
- Up to 9x6 holes.
- 5 - 11 year life cycle.
- Can reach up to 25 mm long.
Wood boring beetle common types:
Wood boring weevil
- associated with wet rot decay.
- 1 mm holes
- Long snout
- Once fungal decay problem is resolves the wood boring weevil problem will die out naturally.
How do you treat Wood boring beetle / weevil?
In most cases a use of insecticide spray to surface of timber, or injection for more serious death watch beetle cases.
What are Health & Safety file requirements?
- A brief description of the works carried out.
- Any hazards that have not been eliminated through the deign and construction process and how they have been addressed.
- Product information.
- Heath and safety information for cleaning & maintaining (maintenance information).
- As built drawings.
What are Construction Phase Plan file requirements?
- Project description.
- Project management.
- Management of safety risks & control measures.
What are Pre Construction Information file requirements?
- The project.
- Planning & management.
- Health & Safety hazards.
- Key dates.
- Contact details.
What is the difference between a domestic sub-contractor & a named sub-contractor?
- Domestic Sub-Contractor = From contractor.
- Names Sub-Contractor = From client.
What is the Safe Person Concept?
For all to take responsibility for their own and other health and safety.
What is the Client Money Handling 1st edition procedure?
Is a professional standard to keep clients money safe and properly protected, giving clear rules for RICS firms and member to have appropriate controls and procedures in place.
What is the conflict of interest, professional statement?
This supports the RICS rules of conduct and places requirements in all RICS professional and firms to identify and manage conflicts of interest.
What is Informed Consent?
When a client makes an informal decision and gives written consent to proceed.
What are Tendering methods and procedure?
- Single Stage Tendering.
- Two Stage Tendering.
- Open Tendering.
- Selective Tendering.
- Framework Tendering.
Tendering methods and procedure; What are the Cons of Two Stage Tendering.
- Longer time process due to two tendering stages.
- Can be risky at negotiation stages.
Tendering methods and procedure; What are the Pros of Two Stage Tendering.
- Surety in price for the client.
- Clarity of the design.
Tendering methods and procedure; What are the Cons of Single Stage Tendering.
- No early engagement with contractor.
Tendering methods and procedure; What are the Pros of Single Stage Tendering.
- Quick.
What are procurement methods?
- Traditional.
- Design & build.
- Partnering.
- Management.
What is procurement methods; Traditional?
The design process is separate from the construction & full documents, drawings / SOW etc to be provided by the client before the contactor can be invited to tender.
What is procurement methods; Design & build?
Main contractor is responsible for both design & construction for an agreed lump sum price. The employer however has control over design elements that are included in their requirement.
What is procurement methods; Partnering?
For contractor, supplies & specialist designer for large, long term & high risk contracts.
What is procurement methods; Management?
When different trade constructors are contacted to the client but managed by a construction manager acting as an agent.
What documents would you expect client to provide a contactor at tender stage? (HSE Web)
- 1 = Letter to invite to tender
- 2 = Pricing document
- 3 = PCI
- 4 = Preliminaries
- 5 = Form of contract
- 6 = Design drawings
What is the Bribery Act 2010 - July 2011?
The act makes it an offence to pay or receive a bribe, either directly or indirectly.
What is countering bribery and corruption, money laundering and terrorist funding - February 2019?
A professional statement for all RICS members and firms where the potential for such activities exist. It sets out mandatory requirements and good practice.
What is the classification of bribery?
An attempt to make someone do something for you by giving the person money, gifts or something else they want.
What is the different between JCT & NEC?
- NEC uses more detailed program including float allowance and program which needs to be updated throughout the project.
- JCT has no specific program requirements, there are no requirements to update program.
What is force major in contracts?
Unforeseen circumstances that prevent someone form fulfilling a contract.
Non-notifiable asbestos removal examples?
- Asbestos gasket and rope.
- Floor tiles.
- Asbestos cement products ( roof sheeting & RWG).
- Textured ceilings.
Licensed removable asbestos works?
- Spray coatings.
- Pipe lagging.
- Loose fill insulation.
- Significate quantities of loose / Fine ACM dust.
What is the Ombudsman Service Property?
A free, fair and independent service to protect consumers against unfair practice.
What is a building notice?
A building notice is a written notice that you intend to carry out works and do nor normally mean that you have to submit detailed drawings.
For small projects / extensions.
For building control.
What is BB103
Area guidelines for schools for both internal and external areas.
What is BB101
Ventilation within schools, it is referred to in BR part F&L.
What is BB100?
Non-statutory guidance on Fire Safety in schools specifically relating to access, building structure and minimising spread of Fire.
What do you need to set up as an RICS registered firm?
PI insurance, CHP, training, possibly security if clients money, register with RICS, locum cover.
What is the formal process of an extension of time?
Contractor calls initially to advise, makes a formal request via email. CA reviews & determines if acceptable.
What is BS476?
A British Standard for Fire tests on building materials and structures.
What is underhand & deed under JCT?
The limitation period for bringing a claim or liability for defending a claim.
- Underhand = 6 Years.
- Deed = 12 Years.
What is run-off cover?
Run-off cover is professional indemnity insurance which covers the historic liabilities of a business and it’s directors when the business ceases trading or is acquired.
What is the difference between a patent and latent defect?
A Patent defect is identified during the works or the rectification period, where as a Latent defect could be concealed or not appear until many years later.
Inclusive Environments; What is BS 8300?
A British code of practice that sets out the requirements of how buildings should be designed constructed & maintained to meet the needs of disabled people as well as created an accessible & inclusive environment for them.
Legal / Regulatory Compliance - What is BS 5837?
Trees in relation to design, demolition & construction and details the steps that should be taken to ensure that trees are appropriately and successfully retained when a development takes place.
Building Pathology - What is sick building syndrome?
Is a condition caused by being in a building or type of enclosed space due to poor in door air quality etc.
What is a schedule of condition?
Photographic & written evidence that documents the state of the property at the time the lease is granted to the tenant.
What is a Scott Schedule?
A table with inputs from both the claimant and respondent. Claimant sets out their argument & respondent responds.
What is a pre construction service agreement?
Enables the client to employ a contractor before the main contact has been awarded. Typically used in 2 stages tender process and can allow a contractor to contribute to the design, sequencing and selection of specialist contactors.
What is the Party Wall Act 1996?
A framework to enable neighbors who share a boundary to carry out building works.
Owners must be notified of works to be undertaken.
- Existing walls - Under section 2 = 2 months notice or prior written consent.
- New walls - Under section 1 = Must give 1 months notice.
Response = 14 days of receiving notice.
- Excavation - Notice if it’s within 3m or 6m & 45° of their foundation.
What is the agreed surveyor?
An independent 3rd party who acts for both parties.
What is The Works at Height Regulation 2005?
Is to prevent death or injury caused by a fall from height. Works are to be property planned, supervised & completed by competent persons.
Practice & Guidance notes; What is the difference between practice & guidance notes?
Practice notes are to be adhered to whereas guidance notes provide recommendations.
What are the types of home buyer reports?
- Level 1 = Condition survey.
- Brief assessment on current condition.
- Level 2 = Home buyer survey.
- As above, but looks at serious problems that are evident but not structural integrity, Includes reinstatement cost and valuation.
- Level 3 = Full building survey.
- Comprehensive assessment on structure & condition, estimate of costs of repairs.
What types of cracking can you get?
- Expansive cracks
- Inadequate baring / Propping
- Tie failure
- Subsidence
- Heave
What is the conflict avoidance & dispute resolution - 1st edition 2012?
A guidance note to avoided dispute by use of:
* Good management
* Clear contract documents
* Good record keeping
What are the accounting principles & procedures; Profit and loss statement?
Financial statement sumarising revenue, costs and expenses.
What are the accounting principles & procedures; Balance sheet?
A statement of assets, liabilities and capital.
What are the accounting principles & procedures; Cash flow forecast?
Estimate of future sale & expenses.
What are the accounting principles & procedures; Liquidity ratio?
The ratio determing a companies ability to pay back debt without the need of external capital.
1 or above is good.
What are the accounting principles & procedures; Return on assets?
A metric that indicates a companies profitability in relation to it’s total assets.
Control of Asbestos Regulations 2012 - What is CAR 2012?
A framework for controlling exposure to asbestos and managing asbestos in buildings.
Places responsibility on the duty holder who must
* Take reasonable steps to identify asbestos
* Written record of location of asbestos or presumed asbestos
* Risk assessments
* Pass relevant information as necessary
* Monitor
What are the three main types of asbestos?
- Chrysotile = White
- Amosite = Brown
- Crocidolite = Blue
= 14 days notifiable.
Where is Chrysotile (White asbestos) usually found?
- Gaskets
- Insulation for pipes
- textured ceilings
Where is Amosite (Brown asbestos) usually found?
- Cement sheets
- Ceiling tiles
- Thermal insulation
Where is Crocidolite (Blue asbestos) usually found?
- Spray on coatings
- Pipe insulations
- Plastics
Licensed and non-licensed Asbestos.
Licensed -
* Removal of spray coatings
* Pipe lagging
* Loose fill insulation
* Large quantities of ACM dust
Non-Licensed -
* Cement products
* Textured coatings
* Gaskets & Rope
What is COSHH 2002?
COSHH is a law that requires employers to control substances hazardous to health.
COSHH helps with:
* Preventing harm to health
* Control measures
* Plan for emergencies
What are deleterious materials?
These materials are prohibited for use in construction due to reliability or health & safety reasons.
* Asbestos / ACM’S
* Hair Plaster / Lath & Plaster
* RAAC Planks
What are common issues with RAAC Planks?
- Rusting of reinforcement steel, leading to cracking and spalling.
- Cracking of varying severely due to moisture & temperature movement.
- Act independently rather than a single structure.
- Very porous & highly permeable.
- Insufficient bearing capacity.
What is the difference between a relevant event and a relevant matter?
Relevant event:
A relevant event is an event that causes a delay to the completion date which is caused by the client or a neutral event not caused by either party.
Events like:
* Variations
* Adverse weather
* Failure to provide information
- Contractors can claim an extension of time, but not necessarily loss and expenses. To claim loss and expense a relevant matter must have occurred.
Relevant matter:
A relevant matter is a matter the client is responsible that materially effects the progress of works. This allows a contractor to claim loss and expenses.
Matters like:
* Failure to give the contractor possession of the site.
* Delays in receiving instruction.
* Discrepancies in contact documents.
A relevant matter may not always entitle the contractor an extension of time.
What are liquidated damages?
Compensation to a client for costs resulting from a project overrun.
How are liquidated damages ascertained?
Loss of revenue from the client or costs encounter as a result of a project over run.
What is the difference between Integrity & Insulation?
- Integrity = Resistance to Fire.
- Insulation = Will stop the transfer of heat.
Minimum Energy Efficiency Standard - April 2020; What is MEES?
The MEES defines the minimum energy levels for a domestic private rented properties set and enforced by government.
Since April 20, landlords can no longer let or continue to let properties f they have an EPC rating below E, unless they have valid exemptions in place. Landlords can face fines of up to £5K if not met.
From 1st April 23 also applies to privately rented commercial properties;
- EPC of C by 2027
- EPC of B by 2030
What is the Building Safety Act - April 2022?
What is an accountable person?
Provides a framework for the design, construction and occupation of “High risk residential buildings”. Which are buildings at least 18M or 7 storey in height and comprises of at least 2 domestic premises to support Fire Safety and Building Regulations.
It also introduces a new duty holder “The accountable person”.
A person who holds a legal estate in possession in any part of the common parts or relevant repairing obligations (but not holding legal estate) of the common parts.