G Questions Flashcards
What is the Provisional Sum clause in the JCT?
The JCT defines a provisional sum as “…a sum provided for work,
identified as being for defined or undefined work within the meaning of paragraph 2.9.1 of the Measurement Rules.
What do the RICS recommend for complaint handling procedures? What happens if it cant be dealt with by the company?
Typically it’s a 2 phase procedure which includes provisions for escalating the complaint if not satisfactorily resolved.The complainant can formally lodge a complaint with RICS if the internal resolution process fails or if the complainant is dissatisfied with the outcome.
Who doesn’t need to do CPD? continous professional development
Non-practicing members are generally not required to fulfill CPD requirements. They should, however, inform RICS of their non-practicing status to ensure that their membership status is correctly updated.
cpd requirments
members must undertake a minimum of 20 hours cpd each year. 10 hours must be formal cpd. Ethics refresher every 3 years
Failure to undertake enough CPD?
you will receive a caution in accordance with Rule 4(c).The caution (called a Fixed Penalty caution) will remain on your disciplinary record for 10 years.
Final Account review timescales
Practical Completion: Project reaches practical completion.
Within 3 Months: Contractor submits the final statement of account.
Within 3 Months of Submission: Employer or employer’s agent reviews the final statement, raises any queries, and negotiates adjustments.
Agreement Reached: Final account agreed upon by both parties.
Within 2 Months of Agreement: Employer or employer’s agent issues the final certificate.
What are party wall agreements and what would you expect to see in one?
A party wall agreement is a legally binding document that outlines the rights and responsibilities of neighboring property owners when one of them intends to carry out construction work that affects a shared wall. Agreement on how any damage will be assessed and repaired.A clear description of the proposed construction or excavation work/with programme
Difference between management and statutory (finance) accounts?
management is for internal decision making normally monthly. i.e profit & loss statements/cash flow forecasts. Statutory is for external reporting annually i.e. provide a formal record of the company’s financial performance and position
what are standard brick dimensions
215mm x 102.5mm x 65mm
how many standard bricks are required per m2
60 bricks per m2
how many blocks are required per m2
10 blocks per m2
what are weep holes
small openings in the outer skin of masonry construction. weep holes provide ventilation for the cavity and allow moisture to drain away.
name 2 different types of brick bond
english bond/stretcher bond- vertical joints are staggered each time by half a brick.
what is a project charter?
A Project Charter is a formal document that authorizes the initiation of a project. It outlines the objectives, scope, participants, and responsibilities, providing a clear framework and direction for project execution
What contract provisions may affect a cash flow forecast?
Payment terms are critical; for instance, the timing of interim payments and the percentage of retention withheld can affect our liquidity. Variations and change orders also play a role; delays in approving and valuing these can postpone expected cash inflows.
what type of business structures are there?
there is sole trader/partnerships/limited liability company (Provides limited liability protection with flexible management
What is a business plan and what may be included?
business plan summarises the operational and financial objectives of a business. It is the businesses road map to success with a timescale of 3-5 years. Can be updated every 3-6 months
difference between business strategy and business planning
strategy is concerned with the entire organisation i.e what it produces and where it competes. Business plans are detailed implementation plans of the overall strategy.
WHat are building support services.
Business support services are a wide range of services designed to assist organizations in their day-to-day operations,i.e IT/Legal services
RIDDOR/ COSHH
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations//Control of Substances Hazardous to Health
What payment timelines are in my contracts? Main contract vs Subcontract
Contractor is required to submit an application before the valuation date 7 days before the due date. A payment notice is then submitted 5 days after. 14 days after the due date is final date for payment.
What payment timelines are in my contracts?Subcontract
Subcontractor to submit an applicaition, these works are then valued 7 days after the application date. from the valuation date +14 days is the final date for payment.
What is in the RIBA plan of works?SPCSTCHU
RIBA organises the processes of briefing, designing, constructing and operating building projects into 8 stages. strategic/preparation/concept/spatial coord/technical design/construction/handover/use
What are the CDM notification requirements?
A project must be notified to the Health and Safety Executive (HSE) if it meets either of the following criteria:
The construction work is expected to last longer than 30 working days and will have more than 20 workers working simultaneously at any point in the project.
The construction work involves more than 500 person-days of construction work.
On what basis can a contract be terminated?
if the notified sum is not paid by the final date for payment, under the construction act 2009 the contractor can suspend the performance/insolvency or breach of contract
Whats in a cost to complete?
estimate of the remaining expenditure required to finish a project. This calculation is crucial for project management, budgeting, and financial planning. includes labour/material costs-site overheads.
Three elements of a contractual agreement?
Offer-must be communicated to the other party /acceptance/consideration (refers to something of value that is exchanged between the parties.)
What was the recent Hackett report
Hackett report identified shortcomings in the regulatory framework for fire safety in high-rise residential buildings. It advocated for a change in the culture of the construction industry, prioritizing safety over cost-cutting.
how does hackett link to Building Regs?
hackitt report found current system of building regulations and fire safety is not fit for purpose and that a culture change is required
Part B of the Building Regulations deals with fire safety.
- ensuring that all new and existing buildings meet higher safety standards.
-ensure all parties understand their responsibilities regarding fire safety.
-professionals involved in the application of Part B are adequately trained and competent.
Who would you need to inform if a complaint is made to yourself? 4
-Inform senior management or directors within the company.
-Report serious complaints to RICS Regulation.
-Contact your professional indemnity insurer. They will need to be involved if the complaint escalates to a formal claim.
-Acknowledge and keep the client informed by writing to them.
Consult legal counsel if needed.
What is a conflict of interest?
where there may be a potential risk of the professional judgment of an rics-firm/member when undertaking an assignment.
What should you do if you are aware of a colleague having a COI and not declaring it?
have a private conversation with the colleague. Remove yourself from the project. Express your concerns give them an opportunity to explain their perspective. They may not be aware of the conflict or may not realize the importance of declaring it.
- inform senior management
-Report the issue to RICS Regulation if the conflict is serious and remains unresolved.
what are 3 types of conflict of interest? POC
party conflict/own interest/confidential information conflict
examples of coi
-acting for both developer &contractor on the same project
-having other obligations that affects your relationship with the client
-i.e acting as an expert witness (mediation) where your firm has an interest in the outcome
What are the 5 professional and ethical standards? ICQDP
-members/firms act with integrity & comply with their professional obligations
-m&f’s maintain -professional competence
-m&f’s must provide good quality service
-m&f’s must treat others with respect, encourage diversity and inclusion
-m&f’s must act in public interest,prevent harm and maintain public confidence
Can I give an example in the last week of where I have demonstrated meeting one of these standards?
Act with integrity and comply with their professional obligations= Last week our team encountered an unexpected delay due to adverse weather conditions. The delay threatened to impact the project’s completion timeline, which was critical to the client. I took the following steps:
Open Communication: I immediately informed the client about the weather-related delay. I provided a detailed explanation of how the weather had affected our construction schedule and the potential implications for the project timeline alongside proposed resequence to make up for the delay.
jct change process
employer will generally introduce changes and instruct that a variation or change be issued in writing. contractor may propose a change to the employers requirements. The contractor may share the saving with the employer on significant changes.
case law on work outside the contract scope
blue circle industries v holland dredging- in the absence of an effective change clause the contractor was not obliged to carry out work that had been changed.
how does change affect subcontractor vs main contractor
the change clause in the standard form may not be suitable for sc’s. for example certain subcontractors do not have the design capability requiring amendments to the subcontract form.
how does BIM affect change
bim can signifcantly reduce the number and severity of changes needed during construction. it requires precise geometry and spec from the start. bim allows the team to formulate any changes and analyse whether they are beneficial.
define deemed change
deemed change is known as neceesary change this requires a formal variation notice pursuant to clause 2.15
how to report change in the change management process?
-registering any change on a register and allocoating a number to it
-board meeting minutes
-distribution of change docs
what happens if there is a lot of change
this could result in a formation of a second, collateral contract that depends on the original main contract. these are normally written contracts to a separate agreement.
how to assess loss and expense claim
Should be a genuine estimate of loss.
first step is to review the contract, see if theres a provision that includes what happens in the event of compensation. The comparison is between the period of time that the
item would have been on site had the matter not occurred and the period of time that it was on site given that the matter did occur. Where the plant in question is owned by the contractor, the measure of the loss is the amount that could have been earned by using the plant elsewhere. These can include accommodation, lighting and power for example.
what is threshold businesses must register for VAT
in spring 2024 budget vat threshold is 90k.
what is FRAEW
fire risk appraisal of external walls, an assesment of the external wall system
define party conflict/own interest/confidential matter
P= when the duty to act in the interests of a client conflicts with a duty owed to another client.
O= duty to act in the interests of a client conflicts with the interests of that same RICS firm
C= conflict on providing material information to one client and the duty of that member to keep the info confidential
how to identify COI
=the processes in place for identifying conflicts will be based on size, complexity and number of practice areas in rics.
=some firms might wish to request that staff declare any personal interests at the time of joining the organisation and to update the register on an ongoing basis.
standard size of blocks
440 x 215 x 100mm