HOT Topics Flashcards

1
Q

What changed re Retentions in October 2023?

A

This is to do with the relationship between the head contractor and subbie.

Purpose:
The Amendment Act strengthens the retention money regime by making it easier for subcontractors to access retention money without a court order, in the event of a head contractor’s insolvency.

Many head contractors are already doing the right thing and are holding retention money aside appropriately. For these people, the Amendment Act will result in very little change.

The new requirements for withholding retention money include:

  • clarifying that retention money is automatically held on trust by the head contractor once the contract allows it to be withheld from the subcontractor
  • removing the ability to mix retention money with other cashflow and assets
  • requiring that retention money held as cash must also be held separately in a bank account with prescribed ledger accounts.

The Construction Contracts (Retention Money) Amendment Act 2023 (the Amendment Act)

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2
Q

What is changing regarding the temperature of water in homes?

A

MBIE has amended Acceptable Solution G12/AS1 to lower the maximum hot water temperature delivered at the tap for most buildings from 55°C to 50°C.

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3
Q

Where can you find news and updates on Building Code?

A

The Building Performance Website

https://www.building.govt.nz/about-building-performance/all-news-and-updates/updates-to-the-building-code-have-been-published/

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4
Q

What is the major focus of the Building Amendment Act 2013?

A

Consumer rights and remedies in relation to residential work.

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5
Q

What information must a Building Contractor disclose before entering a residential building contract?

A

The Building Contractor must provide the following details:

  • Name, legal status (company), and contact information.
  • Details of key personnel, including qualifications.
  • Names of Licensed Building Practitioners (LBPs) on-site.
  • Role and business history of directors.
  • Contractor’s dispute history.
  • Information on insurance coverage.
  • Guarantees offered.
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6
Q

What is the purpose of the ‘Checklist’ in the building contract process?

A

The ‘Checklist’ is a standard form from MBIE that guides clients on considerations when engaging builders. It ensures clients are informed and make well-thought-out decisions.

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7
Q

Is a written building contract required for residential work exceeding $30,000?

A

Yes, a written building contract is mandatory for projects over $30,000, including GST. Recommended contracts include NZIA SCC 2014 or National Building Contract 2015, ensuring compliance with legal requirements.

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8
Q

What post-build information must the builder provide at the end of the project?

A

At the end of the build the builder must provide a schedule and other information setting out the building’s maintenance requirements.

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9
Q

Give a summary of the new Plan Change 78

A

Answer

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10
Q

What is the EQC?

A

Earthquake Commision

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11
Q

What is EQCover?

A

EQCover is the name of EQC’s earthquake and natural disaster insurance for dwellings, personal property, and land.

Most people automatically have EQCover for your home and land if you have a current Home insurance policy.

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12
Q

What are the risks for Architects when working on an EQC project?

A

Fee issues Ensure the fees being offered are adequate for the services being provided and the associated risks. Time to consult may be consideratble.

Insurance issues Issues relating to uninsured work may arise on many earthquake remediation projects. It is not uncommon that damage which architects consider to be earthquake related is considered to be pre-existing damage by the insurer or PMO. If there are issues around uninsured work, Architects should insist on a clear scope of works from the homeowner, insurer, and PMO. Architects should also make sure it is clear who the Architect is contracting with/who is responsible for paying the Architect’s account.

Record issues. Records are rare and hence there is risk. Ensure records of the damage and non-consented repair work are sent for attachment to the Council property file.

Building consent issues Most of this type of work is tpycially unconsented. Repair work should be consented (unless it is Exempt Work under Schedule 1). Architects should ensure that their documentation requires that the repair is compliant with the Building Code and the Building Consent.

Conditions of Contract Issues. The member should not sign any NZIA AAS SF or NZIA AAS agreements where changes have been made to the general/special terms unless the change has been approved by NZIA

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13
Q

What building code updates occured in 2018?

A
  • Building Code Updates: Key Changes
    • B1 Structure (B1/VM1):
      • References new standards for composite steel-concrete structures and durability requirements for steel structures.
      • Expands design options for composite structures and specifies corrosion protection systems.
      • Now includes the latest wind loading standard.
    • B2 Durability (B2/AS1):
      • Adds durability requirements for steel structures, eliminating the need for Alternative Solution proposals.
    • E2 External Moisture (E2/VM1, E2/AS1):
      • changes to details regarding extra high wind zones. Clarifies testing requirements for cladding weathertightness.
    • G12 Water Supplies (G12/VM1, G12/AS1, G12/AS2):
      • References amended standards for jointing common stainless steel pipework, eliminating Alternative Solution proposals.
    • G13 Foul Water (G13/AS1, G13/VM2, G13/AS2, G13/AS3):
      • References an amended standard for testing drains and vacuum drainage systems, removing the need for Alternative Solution proposals.
    • Simple House Acceptable Solution (SH/AS1):
      • Proposal to revoke SH/AS1; foundation design info to transfer to B1/AS1 in the biannual update program.
      • Revocation planned post-transfer completion.
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14
Q

What building code updates occured in 2019?

A
  • Building Code Updates: Key Revisions
    • Hollow-Core Flooring (B1/VM1):
      • Aligns provisions with the Concrete Structures Standard, allowing increased depth and providing more options for building owners.
    • Light Steel Framing (B1/VM1, B1/AS1, B2/AS1):
      • Standardizes light steel framing as a compliance solution, reducing the need for peer review and ensuring certainty for designers and developers.
    • Building Facades Test Method (E2/VM2):
      • Introduces a new test method for building facades up to 25 m, confirming weathertightness using the BRANZ Evaluation Method.
    • Extractor Fans for Ventilation (G4/AS1):
      • Adds extractor fans as a compliant option for ventilating bathrooms and kitchens, facilitating compliance with Healthy Homes Standards.
    • Water Supplies and Foul Water (G13/AS1, G13/VM2, G13/AS2, G13/AS3; G12/VM1, G12/AS1, G12/AS2):
      • Updates sections to cite the latest joint Australian/New Zealand plumbing and drainage standards, aligning with industry best practice.
    • Fire Acceptable Solution (C/AS2):
      • Consolidates six separate Fire Acceptable Solution documents into one comprehensive document for clarity, consistency, and coverage. Reduces ambiguity and confusion.
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15
Q

What building code updates occured in 2020?

A
  • Safety from Fire clause cahnges
  • providing a new Acceptable Solution for the design and installation of stormwater drainage systems
  • E3 introducing a new Acceptable Solution for waterproofing in bathrooms, kitchens and laundries
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16
Q

What building code updates occured in 2021?

A
  1. Energy Efficiency for Housing and Small Buildings:
    • Revised insulation requirements in H1/AS1 and H1/VM1 aim to reduce heating energy needs by approximately 40%.
  2. Energy Efficiency for Large Buildings:
    • Updated insulation requirements in H1/AS2 and H1/VM2 aim to reduce heating and cooling energy needs by 23% on average for large buildings.
  3. Energy Efficiency for HVAC Systems in Commercial Buildings:
    • New verification method H1/VM3 enhances monitoring and ensures optimal energy use for HVAC systems in commercial buildings.
  4. Natural Light for Higher-Density Housing:
    • New acceptable solutions G7/AS1 and G7/AS2, replacing outdated G7/VM1, ensure adequate daylight in higher-density housing using computer modeling.
  5. Weathertightness Testing for Higher-Density Housing:
    • Revised E2/VM2 allows demonstrating sufficient weathertightness without significant changes to minimum performance requirements.
  6. Standards Referenced in B1 Structure:
    • Referenced new versions of four standards in acceptable solutions and verification methods for B1 Structure.
  7. Editorial Changes to B1/AS1:
    • Made editorial corrections to B1/AS1 without modifications to the proposal.
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17
Q

What building code updates occured in 2022?

A

Lead in plumbing products - The amended Acceptable Solution G12/AS1 to limits the maximum content of any product that contains copper alloys, intended for use in contact with potable water for human consumption.

Water temperatures - MBIE has amended Acceptable Solution G12/AS1 to lower the maximum hot water temperature delivered at the tap for most buildings from 55°C to 50°C.

Protection of potable water - The amendment to Acceptable Solution G12/AS1 to improve the requirements to protect potable water from backflow contamination. This has a 12-month transition period ending on 1 November 2024.

Plumbing and drainage Standards - MBIE has amended the E1, G12 and G13 acceptable solutions to cite the latest versions of the AS/NZS 3500 standards.

Water supply system components - MBIE has amended Acceptable Solution G12/AS1 to improve the requirements for plumbing components in water supply systems. MBIE has also amended Verification Method G12/VM1 to include a new design method to size water pipes.

Protection from fire - The changes to Acceptable Solution C/AS1 require interconnected smoke alarms as the minimum fire safety system required in each household unit.

Structural stability of hollow-core floors - MBIE has removed the deemed to comply pathway in B1/VM1 for the design of the supports for hollow-core floor systems.

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18
Q

What building code updates occured in 2023?

A

Protection from Fire:

design of sprinkler systems
fire alarm systems
interconnected smoke alarms
smoke control in air-handling systems.

Plumbing and Drainage

Temperature of Water
AS/NZS 3500 being included as a compliance pathway

Energy Efficiency:

Transition period for staged H1 requirements now ended.

Structure:

Hollow-core floors

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19
Q

hat is changing in Building Code clause E3 Internal moisture regarding the use of timber or timber-based products in wet area flooring?

A

From 4 November 2021, there will no longer be an Acceptable Solution for using timber or timber-based products as linings and finishes to floors in wet areas.

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20
Q

How many wet area flooring options are listed in E3/AS1 Amendment 6, and what are they?

A

There are six wet area flooring options in E3/AS1 Amendment 6: waterproof sheet materials, ceramic or stone tiles, concrete, cork, monolithic coatings, and timber or timber-based products sealed with waterproof coatings.

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21
Q

What type of flooring was removed as an option in E3/AS1 Amendment 7, and why is it considered contentious?

A

In E3/AS1 Amendment 7, the option for timber or timber-based products as wet area flooring was removed. This is considered contentious due to the broad prescription, leading to potential poor performance.

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22
Q

Should you use Alternative Solutions for wet area flooring?

A

Presenting Alternative Solutions for wet area flooring is encouraged, freeing builders from the constraints of Acceptable Solutions and allowing a broader range of options beyond the three specified in the code.

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23
Q

What are the new R- Values for Residential and Commerical buildings?

A

Depends on your climate zone

Climate zone 1:

Residential - Housing will require R6.6 roofs and R0.46+ windows, R2.0 walls and R1.5 slab on-grade floors/2.5 for other floors (doubling of roof R values)

Commercial - 3.5 roofs and R2.2 walls with R2.2, windows 0.33

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24
Q

How many climate zones are there because of the the new H1 requirements?

A

The changes included an increase to the number of climate zones from three to six

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25
Q

What did the new H1 requirements do for HVAC?

A

Provided a new compliance pathway for heating, ventilating and air conditioning (HVAC) systems in commercial buildings

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26
Q

What provisions does the Building Act make for alterations to existing buildings concerning energy efficiency?

A

Sections 42A and 112 of the Building Act make provisions for alterations to existing buildings, ensuring they comply with the energy efficiency requirements of the Building Code to at least the same extent as before the building work began.

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27
Q

When did the new insulation requirements for ‘Buildings under 300m2’ come into effect?

A

The new requirements for ‘Buildings under 300m2’ came into effect on 3 November 2022.

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28
Q

When did the new insulation requirements for housing come into effect?

A

The new requirements for housing were delayed by six months and came into effect on 1 May 2023.

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29
Q

Which building element had a two-stage implementation, with the first stage on 3 November 2022 and the second on 2 November 2023?

A

The ‘windows and doors’ category retained its original two-stage implementation.

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30
Q

Can the previous 4th editions of H1/AS1 and H1/VM1 be used for building consents after the transition?

A

No, the previous 4th editions of H1/AS1 and H1/VM1 can no longer be used for building consents after the transition to the 5th editions.

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31
Q

How many methods are available within the acceptable solutions and verification methods for H1 Energy Efficiency to comply with minimum R-values for building?

A

here are three methods available: The Schedule Method, The Calculation Method, and The Modelling Method.

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32
Q

What factors influence the choice of method for compliance with minimum R-values in H1 Energy Efficiency?

A

The factors include, but are not limited to:

  • Whether the building is smaller or larger than 300m2.
  • The size of the glazing area of the building.
  • The orientation of the building.
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33
Q

Explain The Schedule Method in H1 Energy Efficiency.

A

This method contains tables of minimum construction R-values for different building elements.

A building complies with The Schedule Method if its thermal envelope components – roof, walls, windows, doors, skylights, and floor – are insulated to meet or exceed R-values specified in the tables

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34
Q

Describe The Calculation Method in H1 Energy Efficiency.

A

This method includes simple equations and allows a building to have different insulation combinations.

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35
Q

What is The Modelling Method in H1 Energy Efficiency?

A

The Modelling Method is a compliance method that involves using computer simulation models to assess and predict the energy efficiency of the building, considering various factors like orientation and glazing area.

This method provides the greatest amount of flexibility. It is used to assess the energy performance of a proposed building.

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36
Q

Under what conditions is The Schedule Method recommended for use?

A
  • The glazing area is 30% or less of the total wall area.
  • The combined glazing area on the east, south, and west facing walls is 30% or less of the combined total area of these walls.
  • The skylight area is no more than 1.5 m2 or 1.5% of the total roof area (whichever is greater).
  • The opaque door area is no more than 6 m2 or 6% of the total wall area (whichever is greater).
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37
Q

What is the flexibility provided by The Calculation Method in terms of insulation?

A

The Calculation Method allows a building to have different insulation combinations as long as the overall thermal performance is comparable to or better than the reference building, insulated according to the Schedule method.

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38
Q

What is the reference building in The Calculation Method?

A

The reference building in The Calculation Method is insulated in accordance with the Schedule method.

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39
Q

Are there any limits imposed by The Calculation Method?

A

Yes, there are limits. The minimum R-value for a floor, wall, or roof building element using the Calculation Method is 50% of the Schedule method R-value for that element. There is no minimum for doors and windows.

40
Q

What restriction does The Calculation Method impose on the window area of a building?

A

Using the Calculation Method, the window area of the building can be no greater than 40% of the total wall area.

41
Q

What role does the ‘reference’ building play in The Calculation Method?

A

The ‘reference’ building serves as a benchmark, and the heat loss equations for this building are used to assess the thermal performance of other buildings using The Calculation Method.

42
Q

How does The Modelling Method assess the energy performance of a proposed building?

A

The Modelling Method uses a simulation of the building to predict its space heating and cooling loads, which are then compared with the space heating and cooling loads of a reference building.

43
Q

What are the characteristics of the reference building used in The Modelling Method?

A

The reference building has the same shape, dimensions, and orientation as the proposed building, with building elements having relevant construction R-values.

44
Q

How is the verification of the design achieved in The Modelling Method?

A

Verification is achieved by using computer modelling to demonstrate that the energy use of the proposed building design does not exceed the energy use of the reference building.

45
Q

Under what conditions is The Modelling Method used?

A

The Modelling Method is used when the window area of a building is greater than 40%.

46
Q

How does The Modelling Method provide flexibility in building design verification?

A

The Modelling Method provides flexibility by allowing for the simulation of various building elements and configurations, enabling a comprehensive assessment of energy performance.

47
Q

Where can you access the Schedule Method and Claculation method tools?

A

BRANZ boo

48
Q

Where would you access the Modelling Method?

A

A external company such as Oculus may do this.

49
Q

Which H1 standard applies for buildings upto 300m2?

A

H1/AS1

50
Q

Which H1 standard applies for buildings over 300m2?

A

H1/AS2, H1/VM2

51
Q

Which methods are included in H1/AS2?

A

To determine the minimum insulation requirements, this document contains two methods – Schedule and Calculation.

52
Q

Which ways can you comply with the H1 requirments for buildings over 300m2?

A

Acceptable Solution (H1/AS2)
Verification Method (H1/VM2)
Alternative Solution

53
Q

What does H1/VM1 H1/VM2 contain?

A

The verification methods for H1 (H1/VM1 & H1/VM2) contain rules for design professionals to use computer modelling and software to determine the minimum amount of insulation required in a building and to demonstrate compliance with the Building Code. Only H1/VM2 can be used for ‘Buildings over 300m2’.

54
Q

What do the Building Code clause H1 documents specify regarding construction R-values and insulation product R-values?

A

The Building Code clause H1 documents specify construction R-values, not the R-value of the insulation product to be installed.

55
Q

What are the requirements for containment of water in the case of accidental overflow from a sanitary fixture, according to recent updates to NZBC E3/AS1 (Amendment 7 Nov 2020-21)?

A

Containment requirements (floor wastes) apply if the overflow could damage an adjoining household unit or property, and the fixture lacks an integrated overflow with a flow rate greater than the inlet/tap.

This applies for both kitchens and bathrooms

56
Q

What is BPIR?

A

Building product information requirements

57
Q

What issues are addressed by the new BPIR regulations regarding technical product information for building products?

A

The regulations address poorly compiled technical product information, ensuring it includes details on how a product should be used, installed, and maintained.

58
Q

What is the aim of making a minimum level of building product information freely and publicly available? (BPIR)

A

To help designers, builders, and consumers make informed choices, ensuring the right products are selected and installed correctly. It also aids building consent authorities in efficient consenting by having readily available information.

59
Q

What responsibilities do Aotearoa New Zealand-based manufacturers and importers have under the new BPIR regulations?

A

They need to make specific information about the building products they supply publicly available and provide evidence for any claims they make about their products.

60
Q

What benefits are anticipated for designers due to improved product information? (BPIR)

A

Designers may experience a reduction in resource costs related to responding to requests for information from building consent authorities.

61
Q

How will tradespeople benefit from better product information? (BPIR)?

A

Tradespeople should expect a reduction in the need to remedy or replace products, leading to lower labor costs over time, provided installations follow provided instructions.

62
Q

What advantages are foreseen for consumers as a result of improved product information? (BPIR)

A

Consumers may experience reduced repair or remediation needs, faster home builds due to reduced consent times, and overall increased safety and durability of buildings.

63
Q

When do the new regulations for building product information commence?

A

The new regulations for building product information commence from 11 December 2023.

64
Q

What did the Building Amendment Act 2021 introduce regarding building product information?

A

The Building Amendment Act 2021 introduced new minimum information requirements for impacted building products to demonstrate compliance with the building code.

65
Q

What is the secondary legislation that BPIR falls under>

A

Building (Building Product Information Requirements) Regulations 2022

66
Q

What are the key changes in 3910:2023?

A
  • New Contract Price Option:
    • Introducing a “target price” option where savings or overruns are shared based on pre-agreed percentages. This allows parties to collaborate on cost management more effectively.
  • Role Revisions:
    • Replacing the Engineer to the Contract with separate Contract Administrator and Independent Certifier roles to address concerns about impartiality and conflict of interest. The Contract Administrator acts on behalf of the Principal, while the Independent Certifier makes impartial determinations in disputes.
  • Management Plans and Reporting:
    • Simplifying required plans, focusing primarily on the site-specific safety plan, and introducing regular reporting obligations to ensure compliance and progress tracking throughout the project lifecycle.
  • Environmental Protection:
    • Requiring Contractors to take proactive measures to prevent environmental harm, ensuring compliance with laws and consents, and avoiding actions that could jeopardize environmental integrity.
  • Contractor’s Liability:
    • Narrowing Contractor’s indemnity provisions and introducing a liability cap, which is recorded in the Special Conditions to provide clarity and manage risk allocation between parties.
  • Final Account Concept:
    • Introducing the concept of a “Final Account” and “Interim Final Account” prepared by the Contractor, which detail the Contract Price and variations. This enhances transparency and accountability in financial matters.
  • Extensions of Time:
    • Implementing a two-stage process for notification of extension of time claims, where the first notice outlines circumstances for the extension, and the second notice specifies the period sought. Disputes are referred to the Independent Certifier for resolution.
  • Variations:
    • Amending the variations clause to include contract price adjustments and clarifying the roles of Contract Administrator and Independent Certifier in managing variations. This ensures consistency and efficiency in change management processes.
  • Cost Fluctuation:
    • Presuming cost fluctuation adjustments unless otherwise specified in the Specific Conditions, providing clarity on cost management mechanisms.
  • Dispute Resolution:
    • Requiring senior representatives to attempt dispute resolution initially, followed by mediation or arbitration if necessary. This promotes timely resolution and reduces escalation of conflicts.
  • Bonds:
    • Removing joint and several liability from Principal’s and Contractor’s bonds to clarify parties’ obligations and reduce potential financial risks.
67
Q

What are the main changes to SCC 2024?

A

Retentions - hled in a trust

Health and Safety (ADDED CLAUSE) - very comprehensive. Duties described. 3910 Health and safety more risky because it says you have to review. Architects not experts so SCC only needs Architects to review for “manifest errors or omissions”. Architects can suspend works for non-compliance.

Off-site goods: due to recent claimate. Ability to secure goods without security interests

Regular reporting required

Guarantees - masterbuilders guarantee and parent company/shareholder guarantee

Indemnity - liability limit (similar to 3910)

Insurance - much more comprehensive

If one party is taking out Contract works Insurance then they should take out **Public Liability
**
Copyright: Provision for future owners to use on contract documents for maintainance, alterations. Not to use for any other purpose.

Key personnel added

Who gets consent - principal gets most consents but comtractor to get **temporary works consent and CPU **

Contractor Deposit Bonds and Advance Payment Bonds (generally for larger projects)

Environmental protection

Principals dutites in relation to site have slightly changed. Architect to draw attention to this clause

Construction programme - what is contemplated cannot be deemed ‘unforeseen’

68
Q

When is AAS 2024 coming out?

A
69
Q

Get practice note 9.512 for retentions changes and practice alert 39

A
70
Q

When is NBC 2024 coming out

A

After SCC 2024

71
Q

Is AAS 2024 coming out

A

Yes after SCC 2024

72
Q

What do you need to add to SCC 2018 to align with new regulatory changes?

A

Special clauses covering:

-Health and Safety
-Off-Site Materials
-Retentions

73
Q

Do you require rentensions to be in a trust when a non commercial contract?

A

No, but it would be advisable to do so. If contractors are obliged to do it for their subbies then good idea for principal to do so too

74
Q

Is it expensive to set up a trust?

A

No it would be like opening a normal bank account with no cost, because banks will catch onto the new requirements of the CCA

75
Q

Is there is no shortform for new SCC then wont clients get scared of contract?

A

Architects has an educational role here.
You can always amend the SCC if required (with a lawyer)

76
Q

For residential projects must there be a trust account?

A

Its not vital but recommended. The contract between subcontractor and contractor is a commerical contract so it needs retentions in a trust so its only fair if the client has a trust

The agreement between Princpal and Contractor is a contract with a residential occupier hence not a commerical contract.

77
Q

Which type of contracts need trusts for retentions?

A

Commerical Contract but good practice for residential too

78
Q

Is the architect responsible for reporting on retentions?

A

Not technicall (with pricipal under CCA) but this will be part of the new Proforma for payment schedules and SCC 2024. It will be an amenedment to the current proforma identifing the location of where the moneys are held and to what amount. Transparancy.

79
Q

Does new SCC give power to architect to suspend works if contractors not complying with having site health and safety reporting?

A

Yes

80
Q

What are the new provisions for Offsite goods in the new SCC 2024?

A

Schedule 8 added to SCC 2024

Somewhat came out of Covid and Gib crisis.

Shift in contractor ordering early because of supply issues.

An issue of seperation of ownership and possesion

81
Q

What are security interests in off-site goods?

A

When the client has paid for off-site goods and the supplier has not sent the items out, the supplier may have the manufacturer or their own bank interested in the product as a security (because the supplier may have not paid upstream yet).

You can replace the supplier above with contractor and it would be a similar process

81
Q

How can you make sure the principal gets thier off-site goods that have been payed for?

A

Get clear title to the material/ get an agreement for offsite material

81
Q
A
82
Q

What is the Personal Property Securities Act 1999 (PPSA)

A

The PPSA provides a system for registering security interests in goods/assets, to provide adequate security to creditors.

The PPSA states the priority rules during a dispute and what a security interest is

Related to Off-Site goods, and having security in the payed goods. The principal needs to own the items without any security interests in the goods (suppliers bank or manufactuerer)

You can secure items in your name under a PPSA application

83
Q

What has been added to SCC 2024 because of the current uncertainty climate (eg Covid)

A

Pandamic event, Unforseeable delay, unforeseeable weather conditions in Intepretations Section (Clause 1)

Similar to Force Mejeure but not quite

84
Q

What had changed in regards to SCC 2024 copyright?

A

Provision for future owners to use on contract documents for maintainance, alterations. Not to use for any other purpose.

85
Q

Can you appeal any higher than High Court/Environmetal Court?

A

Yes - Court of Appeal and then Supreme Court

86
Q

When does liability clock start/stop?

A

Contract (AAS):
* within 6 years of the date of this Agreement or within 6 years of the date of the act or omission giving rise to the claim

Tort:
* 6 years from the date on which the cause of action accrued
* 6 years from the date on which the negligent act/omission ought reasonably to have been discovered.
* + 2 years for third party claims (BECA VS WCC)

Legislation (Limiation Act)
* within 6 years of the date of the act or omission giving rise to the claim
* 3 years late knowledge

Legislation (Building Act):
10 year long stop

87
Q

If you are on site 12 months after competition of project for defects does your liability 10 year long stop Start from then?

A

Yes last time you observed

88
Q

When does the limitation period and long stop generally start?

A

The current state of the law is that both the limitation period and long-stop start running at the point the liable person does the work, not from the point that the total project is completed

89
Q

What are the changes Re H1 in relation to doors and skylights? Look into this again

A

These elements will have to be calculated with a formula

90
Q

What is the LTP?

A

Long term plan/ 10 year budget

91
Q

How would you deal with the recession coming up?

A

Cashflow - have a runway plan
Employment - can you avoid hiring?
Processes - what efficiencies can be made?

92
Q

What is an implication of H1 in regards to framing sizes?

A

The framing might get bigger. Let clients know

93
Q

What is your opinion on all the builders that are going under at the moment?

A

Look at the SCC
Client can terminate the contract
Look at the release of bonds
Guarantees may be useful in this case
Get legal advice

(You can withdraw from the administration role if you feel uncomfortable)

94
Q

Receivership vs liquidation

A

A receiver takes control and sells only those assets required to repay the debt of the secured creditor who made the appointment.

A liquidator takes control of all company assets and sells them to repay monies owed to all creditors.

liquidation is more focused on the orderly distribution of assets to creditors and shareholders, while receivership is focused on recovering debts owed to secured creditors.