Exam Past Papers (15 mark) question Flashcards
Outline the function of the following bodies:
- The Scottish Environmental Protection Agency (SEPA).
- The Health and Safety Executive.
- The Building Standards Agency.
- Historic Scotland.
- HM Revenue & Customs.
Key points to be addressed in the response should include the following:
All are effectively departments of the UK or Scottish Government.
(SEPA) The Scottish Environment Protection Agency:
- Scotlands Environment regulator.
- Role to protect and improve the environment by advising industry, regulating and monitoring activities that could cause harmful pollution.
- Monitoring the quality of Scotland’s air, land and water.
The health and Safety Executive.
- Main function is to protect people against risks to health and safety.
- Responsible for preparing a raft of health and safety legislation covering most aspects of onshore and offshore activity including the CDM Regulations.
- Preparing codes of practice and other documents as a guide to the interpretation of the regulations.
- Investigates breaches of the regulations and reportable incidents and prosecutes employers where there has been serious injury or death due to a failure to observe the health and safety legislation.
The Building Standards Agency.
- The Building Standards Division of the Agency is responsible for planning and architectural policy within Scotland.
- It is also responsible for the writing of the Scottish Building Regulations along with the domestic and non domestic Technical Handbooks which govern most aspects of construction in Scotland and are used as the bases for assessing compliance when applications are made for Building Warrant.
Historic Scotland.
- Responsible for delivering policy in respect of all aspects of Scotlands historic environment.
- Resp[onsible for safeguarding the nations historic environment and promoting its understanding.
- Responsible for scheduling sites and buildings of architectural, archaeological and historic interest, including the ‘Listing’ of buildings.
- Comments on applications which involve
Listed Building Consent.
- Awards grants for certain aspects of repairs to ‘Listed’ buildings.
- Runs buildings that are in state care.
HM Revenue and Customs.
- Responsible for th nations ‘Tax’ system including the following:
- Capital gains Tax on Companies.
- PAYE – pay as you earn contributions by employees and employers along with tax coding.
- State pensions in retirement.
- The implementation of VAT, (value added tax) on sales and acquisitions relating to business
Outline the procedures that you would put in place to ensure as far as possible, a building contract is completed on time, on cost and to a standard of construction and finish agreed with the client.
Key points to be addressed in the response should include the following:
On time:
- The provision of a realistic program for the works and its careful monitoring through the design and construction phases.
- The inclusion within the contract of a Liquidated Damages clause.
- Making sure that all information is relayed to the contractor accurately and on time, including strict adherence to dates within the information release schedule.
- Ensuring that the project is properly resourced – design and contractor’s personnel.
- The careful choice of contractors.
On Cost.
- Ensuring that adequate time is given to the pre tender stages of the contract so that when tenders are sought, the tender documents fully reflect the client’s requirements.
- The carefully monitoring of costs during the construction phase and the avoidance where possible of client instigated changes.
- The carefully choice of contractor and the avoidance of those that may potentially be claims conscious.
- The inclusion of adequate allowance for dayworks, provisionmal sums and contingencies appropriate to the type of development.
To the required standards.
- The provision of a proper project specific specification; preferably based on the NBS which defines beyond reasonable doubt, the standards of materials and the quality of workmanship as agreed with the client.
- The proper monitoring of those standards during the course of work on site.
A housing association is in the process of acquiring a fire ravaged
building in Union Street to provide a retail outlet on the ground
floor, offices at first floor level and residential accommodation on
the 4 floors above and in a large extension at the rear. Previously
the building had been retail on the ground floor with residential
accommodation above. The building is category ‘B’ listed, by the
Secretary of State. Following the fire the building was open to the
weather for 3 years and parts of it are considered to be unsafe. You
have been appointed as architects for the project. Discuss how you
would proceed with the commission and what are likely be the
critical issues that would be encountered from the outset and how
you would endeavour to resolve them.
• Key points to be addressed in response:
• Establish from the clients, their accommodation brief for the
development.
• Establish from the planning authority their receptiveness to the
conversion of the first floor accommodation to office use and
which parts of the building must be retained and which could be
removed.
• Ensure that the client is aware of his responsibilities under the
CDM regulations and has appointed a Planning Supervisor.
• Arrange for a detailed survey of the building to be undertaken by
a firm of structural engineers to establish the general condition of
the building and which parts may be unsafe. The structural
engineer to prepare procedures / method statements for the
execution of any temporary safety work. This would have to take
into account the very busy main road and the lack of obvious
space for site accommodation and storage compound etc.
• Establish the location of all incoming services to the building.
• Once the building has been made secure a detailed examination of
the building can be undertaken by the architect, structural
engineer and by rot and possibly asbestos specialists.
• Outline proposals to be prepared by the architect which will
require to take into account the need to have compartmenting
floors and walls between the various uses of the building, access
by disabled, means of escape in the event of fire, current
standards for sound and thermal insulation etc and other aspects
of the Building Standards.
• Once these have been agreed with the client and developed,
detailed Planning and Listed Building Consent will be required
along with a Change of Use. Building Warrant and associated
Change of Use will also be required.
• Detailed drawings to be prepared to allow the preparation of a Bill
of Quantities.
• Pre tender Health & Safety Plan to be prepared highlighting any
residual risks etc.
A client has arranged for a small building contractor to construct a
new 2 storey extension to his existing house. Drawings have been
prepared by a building technologist for the purpose of obtaining
Planning Consent and Building Warrant only and these consents
have been obtained. However the building society who will be
providing loan facilities during construction and an enhanced
mortgage on completion of the work, will only do so on the bases
that an architect inspects the building and certifies payment at
monthly intervals. They also expect the architect to issue other
certificates at the appropriate times. The client instructs the builder
to proceed without an architect being appointed and the building
society refuses to honour the first monthly payment; by which time
the walls to the extension have been completed to wall head height.
The contractor walks off site, refusing to continue because he has
not been paid.
You are approached by the client to take over the project. Outline
how you would proceed and what are likely to be the critical issues.
• Key points to be addressed in response:
• Set out terms and conditions to client and building society for possible appointment and clarify that you are not liable for the design nor the performance of the contractor who has been appointed. Outline fee arrangements –probably hourly charge. Subject to you being reasonably satisfied with the construction,
you would issue a qualified Certificate of Practical Completion and Certificate of Making Good but not a Final Certificate.
• Write to the building technologist advising him of your appointment and asking for copies of the drawings, Warrant, Planning Consent and any other important correspondence. There
should be no problems in obtaining these, provided he has been paid all fees for his services.
• Advise your PI Insurance company that you have taken over the
project.
• Undertake a detailed survey of the building that has been erected and identify to the contractor and client any issues that have to be
attended to. Arrange for any areas to be open up for inspection. If in accordance with the drawings, the client will have to meet the cost; otherwise the contractor.
• Seek advice from structural engineer on any issues that you are
not certain about.
• Ensure that the contractor provides an Electrical Compliance Certificate and the main contractor arranges with the Council for a drain test and the Council provides a Completion
Certificate.
• Ensure that the client is kept informed and consulted at all times.
Discuss the issues that the architect requires to be aware of when
he issues an ‘Architect’s Instruction’ for:
• additional or varied work,
• the expenditure of provisional sums,
• the removal of material from site which is considered not to be in
accordance with the ‘Contract’,
• K Key points to be addressed in response:
• the contractor would be eligible to claim for an extension of time
under clause 2.27 for additional or varied work and for loss and
expense under clause 4.23 other than where the works are in
effect, acceptance of a Schedule Part 2 quotation where the costs
associated with any disruption or delay have already been taken
into consideration.
• no E of T would be appropriate where the provisional sum and its
description was reasonably representative of the value of the
works to be expended and the nature of the work to be
undertaken. The same would apply with loss and expanse.
• assuming it can be shown that the materials are in non
compliance, by for example reference to an NBS Specification,
then the architect has the right to instruct their removal. The
contractor would not be eligible to claim for either an extension of
time nor for loss and expense.
During the course of a contract for a new health centre which is
under a JCT 98 contract with quantities, various instructions are
issued to the contractor as outlined below. Speculate on how the
contractor might respond on receiving the instructions, discuss
whether you would inform your client and outline any further
implications that might follow:
1. a formal Architects Instruction issued at the request of the client
for the enlargement of the main reception area which had
already been constructed and which he considers in hindsight to
be too small,
2. a verbal instruction issued to the contractor by the clerk of works
asking for the underground drainage to be opened up for
inspection, as he considers that it has not been laid in
accordance with the contract drawings and project specification,
3. a formal architects instruction issued to the contractor requesting
that he replace 10 roof trusses which have been manufactured to
the sizes shown on the structural engineer’s drawing; but which
are too small to span between the walls,
4. a formal instruction to accept a quotation for undertaking rot
works for which a Provisional Sum had been allowed.
- The contractor would most likely be seeking an extension of time under clause 2.27 and loss and expense under clause 4.23. Client needs to be advised if implications. Assuming that the client approved earlier layout drawings which clearly showed the size of the reception area, there should be no repercussions for the architect.
- The instruction shall be of no effect unless confirmed by the Architect or contractor within the course of 7 days. Before confirming the C of W instruction, the architect requires to satisfy himself that this work is necessary and whether there is a clause in the contract that required the contractor to request that the underground drainage is inspected before backfilling. If on opening up, the works they are found to be in compliance with the drawings and specification, the contractor could claim for an extension of time under clause 2.27 and for loss and expense under clause 4.23.
- While the contractor is required to check all contract documents for divergence he is not liable if he does not find any. The architect should check and establish liability fairly. If this rests with the engineer or architect, then a claim for an E of T under 2.26 may be forthcoming along with L & E under clause 26.2. If the client is aware of the situation, the design team may be asked to meet the cost. Although the original fault is that of the engineer, the architect should have checked his drawings as part of his coordination responsibility.
- This should not result in a formal claim as long as the Provisional Sum was a reasonable pre estimate of the cost involved and the instruction was issued in sufficient time to allow for ordering and installation without causing delay to the regular progress of the work or to overall completion.
Explain the role of the professional planning officer and elected
Councillors in the ‘Development Control’ process
• Professional Planning Officers have no decison making powers (except
by delegated authority). They provide advice to Councillors who make
the decisions through Committee structures and Council.
• Officers will prepare a case file, investigate the merits of development
proposals and produce a report with a recommendation
• Councillors will receive this report and debate it before making their
decision, which the officer is then responsible for communicating to the
applicant.
• If Committee wishes to refuse consent or impose conditions, the officer
must draft these conditions and provide the ‘planning reason’ for them.
OR:
The professional planning officer is an employee of the council and his responsibility in relation to applications the Department receives for planning consent is to consider the Councils agreed policy as stated within the Local and Structure Plans. This would then form the bases of a written report to the Council Planning Committee, (which is an elected body of members), that the application be either refused, approved or approved with conditions. While the Planning Committee should follow the recommendation outlined in the report, such recommendations are frequently rejected; for political reasons or because of vested interests. Where there is a refusal to grant Planning Consent, there is a process of appeal to Scottish Ministers, in which case a Reporter is appointed to review the application which should be judged in strict accordance with Planning Policy.
With reference to the various potential users, explain the role of Scottish Planning Policies (SPPs) and National Planning Policy Guidelines (NPPGs) in the Statutory Planning Process.
• Users would include:-
• LPAs
• Developers
• Land Owners
• General public
• National Planning Policy Guidelines (NPPGs) provide statements of
Scottish Executive policy on nationally important land use and other
planning matters, supported where appropriate by a locational
framework.
• Statements of Scottish Executive policy contained in NPPGs may, so
far as relevant, be material considerations to be taken into account in
development plan preparation and development control.
• Explanation of how this applies to each potential user group.
Outline the purpose of the following if included within a JCT 05 Contract with Quantities:
- Contractor’s Design Portion.
- Liquidated Damages.
- Retention Bond.
- Information release Schedule.
- Third Party Rights and Collateral Warranties.
Contractors Design Portion .–
- This clause would typically be included within a JCT05 contract where there is an element of design that is required to be undertaken by the contractor or specialist who would be manufacturing and installing the product or installation. This would typically include for the design and manufacture of roof trusses, precast concrete floor units, cranes and possibly a heating installation.
- As ‘design’ is involved, the contractor or specialist would be expected to have Professional Indemnity Insurance cover.
Liquidated Damages (clause 2.32) – - This clause would be included within a JCT 05 contract where there is likely to be a genuine financial loss in the event of a project being completed later than the contract completion date stated within the contract. It is not a penalty clause and courts may require to show a genuine loss of profit, or additional expense should the implementation of the clause be challenged by the contractor.
Retention Bond -
- This optional clause is intended to ensure that in the event of a contractor defaulting or going into receivership that there is sum of money that will meet any additional costs where another contractor has to be employed to complete a contract. It would also cover any additional design team fees etc. Bonds are usually taken out for 10% of the contract value; but may be reduced towards the end of a project.
Third Party Rights and Collateral Warranties –
- To establish a duty of care where no direct contract exists.
- To enable 3rd parties to instigate actions against designers or sub-contractors etc. where injury or death has occurred, or where there has been financial loss.
- Tenants, funders principal sub contractors and designers etc.
During the course of a JCT 05 contract, a number of Certificates will be issued by the architect to the contractor. Outline which these are likely to be, their purpose and their implications.
Interim Certificate –
- releases money on a normal monthly bases to the contractor based on the quantity surveyor’s valuation of work done.
Practical Completion Certificate –
- Confirms to the employer that the works are ‘practically complete’ and are handed over and available for occupation.
- The employer has to insure the building and the works assuming that this was undertaken by the contractor up to the date of Practical Completion.
- The period for ‘Rectification, commences, which will normally be either 6 months or 1 year.
- The contractor is no longer responsible for frost damage prior to the issue of the Certificate.
Certificate of Making Good.
- Prior to the end of the rectification period, the architect should have delivered to the contractor a list of outstanding items and defects. Once these have been dealt with by the contractor, the ‘Certificate of Making Good’ should be issued.
Non Completion Certificate.
- If by the end of the Contract Period, the project has not reached the stage of being ‘Practically Complete’, the architect must issue a ‘Non Completion Certificate’ to the Contractor with a copy to the client. If the client then notifies the contractor that he intends to deduct liquidated damages, then the client may deduct the appropriate amount from the next Interim Certificate or any subsequent Interim Certificate.
Final Certificate.
- In law, the implications of this are significant and it is considered conclusive proof that in terms of the contract, the architect/contract administrator considers that all defects have been rectified, all extensions of time have been granted and all adjustments to the contract sum have been made, including an assessment of all loss and expense claims
During the course of a contract for a new office building which is under a JCT 05 contract with quantities, various instructions are issued to the contractor as outlined below. Speculate on how the contractor might respond on receiving the instructions, discuss whether you would inform your client and outline any further implications that might follow:
1.
a formal Architects Instruction issued at the request of the client for the enlargement of the conference room which had already been constructed and which he considers in hindsight to be too small,
2.
a verbal instruction issued to the contractor by the clerk of works to demolish a blockwork wall as he considers that it has not been constructed to the standards as required by the NBS Specification,
3.
a verbal instruction issued by the architect on site requesting that the contractor replace 10 windows which had been delivered to site; but which would not fit the openings that had already been constructed,
4.
a formal instruction to accept a quotation for the removal of asbestos which had been discovered on site, for which a Provisional Sum had been allowed.
1.
The contractor would most likely be seeking an extension of time under clause 2.29.2.2 and loss and expense under clause 4.24.2.5. Client needs to be advised if implications.
2.
The instruction shall be of no effect unless confirmed by the Architect or contractor within the course of 7 days as clause 3.12.1. Before confirming the C of W instruction, the architect requires to satisfy himself that the Project Specification is ‘watertight’. The client would have no claim for E of T nor L & E.
3.
While the contractor is required to check all contract documents for divergence under clauses 2.14 and 2.15 he is not liable if does not find them. The architect should check and establish liability fairly. If this rests with the architect, then a claim for an E of T under clause 2.29.2.2 may be forthcoming along with L & E under clause 4.24.2.3. If the client is aware of the situation, the architect may be asked to meet the cost.
4.
This should not result in a formal claim as long as the Provisional Sum was a reasonable pre estimate of the cost involved and the instruction was issued in sufficient time to allow for ordering and installation without causing delay to the regular progress of the work or to overall completion.
With reference to the various potential users, explain the role of Scottish Planning Policies (SPPs), Planning Advice Notes (PANS) and National Planning Policy Guidelines (NPPGs) in the Statutory Planning Process.
- SPPs - Outlines general Scottish Planning Policy covering the planning system in general, provision of business and industry, the provision of land for housing etc.
- PANs – These are Planning Advice Notes which are issued regularly and cover such aspects as the siting and design of houses in the countryside, Development Control, Panning Application Forms.
- NPPGs – These are issued by central government; but many have now been replaced by SPPs.
The documents are used by planning officials in Development Control as the bases for preparing the Local and Structure Plans and as a bases for general policy and procedures in the running of the Department. It will also be used by private consultants acting on behalf of developers in making applications for developments for housing and industry and for making bids for plots of land to be earmarked within the the Local & Structure Plans.
Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise. With reference to the House of Lords’ decision in 1998 (City of Edinburgh Council v the Secretary of State for Scotland 1998 SLT120) explain the relative roles of The Development Plan and ‘material consideration’.
The ‘Development Plan’ is the approved Structure Plan along with the adopted Local Plan and ‘Material Considerations’ are considerations relating to the use and development of the land. ‘Material considerations’ are generally outlined as Government policy and guidance such as found in NPPGs and SPPs, public representations and consultation responses which may be received from environmental bodies such as SEPA and Scottish Natural Heritage.
