Level 2 Competencies

Question 1

In your SOE you discuss acting upon client’s feedback. Please give me an example of an occasion where you have done this?

Answer 1

My client approached me on Thursday afternoon regarding people’s time keeping he was concerned that they were leaving for lunch. I said I empathize and understand you’re our client, I went to the team, I spoke with my immediate team. I raised the line manager who looks after other teams, a circular put out and the staff aware of the situation. I went back to the client the week two weeks later and I followed up with them to make ensure they were satisfied.

Question 2

What is client care?

Answer 2

The process of identifying Client aspiration and managing expectations are appropriate to developing loyalty through the customer relationships.
Client care focuses on the relationship from building trust to reaching an agreement.

Question 3

Can you explain client care procedure, please?

Answer 3

Our client care tool is a means by which we can gain insight into our client’s perception of how we are performing. This does not replace the requirement for us to have meaningful conversations with our clients about the quality of our service delivery and the status of their projects.

Question 4

How do Turner and Townsend’s deal with complaints in their organization?

Answer 4

On receipt, the complaint is discussed by the Director concerned and the Commission Manager;
- A precautionary notice is completed (PII)
- A formal Corrective Action Record (CAR) is signed by both parties to ensure action
The CAR identifies the problem, action and rectification date. It also identifies future preventative action required.
The Director writes to the client advising the complaint is being dealt with. The commission manager implements the action set out.
Feedback from the Client is obtained.
If the Client is dissatisfied; a meeting between Client and Director to review and agree further action.
If not, issue referred to the Regional MD. Then, issue referred to the CEO.
Parties can agree to refer to independent Alternative Dispute Resolution (ADR).
▪ RICS Dispute Resolution Service;

Question 5

How would you select the appropriate form of communication under the Contract?

Answer 5

Choosing the right method of communication can expedite and simplify the exchange of information. Sometimes a quick email is all that’s necessary while other instances may call for a meeting of all key personnel on the project.
Under FICIC Clause 1.3; approvals, certificates, consents, determinations, notices and requests shall be in writing and delivered by hand, sent by mail or transmitted using the agreed systems of electronic transmission.
Items like RFIs, change orders and daily reports are usually laid out in the contract documents with their own specific forms and submittal procedures that have to be followed. Approvals, certificates, consents and determinations shall not be unreasonably withheld or delayed.

Methods of communication for specific tasks and information sharing should be established early on in the project and agreed upon by all stakeholders.
A project execution plan sets out the strategy for managing a project. It describes who does what and how procedures will be adopted including Communication Strategy.

Question 6

How do you ensure you have communicated effectively?

Answer 6

Clear delivery of speech. Don’t over use of technical language or allow discussion to become emotionally charged. Mitigate interruptions and distractions including background noise. Poor call quality. Poorly maintained and adversarial relationships. promote a more open system of communication that leads to a greater practical benefit. minutes of meetings

Question 7

Steps to facilitate a successful negotiation?

Answer 7

Preparation and collating supporting documentation.
Each party should get the chance to present their case in a calm forum.
Identification of bargaining positions and politely making proposals.
A swift confirmation in writing on what was agreed at the meeting and confirmation on what items still need to be actions and by whom.
A confirmation of next steps to bring the negotiations to a close.

Question 8

What are collaborative and distributive negotiation?

Answer 8

Collaborative negotiation is a partnering approach that treats the ‘relationship’ as an important and valuable element of what’s at stake, while seeking an equitable and fair agreement. As opposed to always conceding in order to sustain the relationship.
Distributive Negotiation aims to maximize personal benefits and is always a win-lose scenario.
Distributive is more of a competitive negotiation strategy.

Question 9

Purpose of maintaining good records;

Answer 9

Many disputes can be resolved by retrospectively considering records that have been kept during the course of the procurement or the carrying out of a project. This means keeping a proper record of the labour, plant and materials used in respect of a project. It will also mean obtaining a daily record of the site’s activities as well as regularly obtaining progress reports.
Importantly, this should also include a record of resource movement. In other words, when change occurs, some record of how that change has impacted upon the project should be made contemporaneously.

Question 10

How is H&S addresses within Qatar?

Answer 10

Qatar Construction Specification 2014 – Section 01 Part 10: Occupational Health and Safety
System meeting as a minimum the requirements of BS OHSAS 18001. Occupational Health and Safety Assessment Series.
- Responsibility
- Organisation for Occupational Health and Safety
- Reporting Accidents
- General Sanitation
- Safety Notice Board
- Compensation for Damage
OSH (Occupational Safety and Health) collaboration between the Ministry of Public Health and Ministry of Administrative Development, Labour and Social Affairs (MADLSA) under its National Health Strategy for 2018-2022.
* Key focus on the principle of prevention.
* Continuous improvement through the assessment of occupational risks and control of hazards
* Development of preventative safety and health culture by raising public awareness; providing training.
* Establishment of a system of defined rights, responsibilities, and duties.
* Inducted, wear correct PPE and remain within designated site safety zones.
* Addressing any hazards; making sure slip/trip hazards are rectified.
* Fire Safety

Question 11

Give me an example of when you have addressed a specific safety hazard

Answer 11

Unsupported excavation.

Question 12

FIDIC H&S Clause;

Answer 12

6.7; The Contractor shall at all times take all reasonable precautions to maintain the health
and safety of the Contractor’s Personnel. the Contractor shall ensure that medical staff, first aid facilities, sick bay and ambulance service are available at all times. The Contractor shall appoint an accident prevention officer at the Site, responsible for maintaining safety and protection against accidents. The Contractor shall send, to the Engineer, details of any accident as soon as
practicable after its occurrence. The Contractor shall maintain records and make reports concerning health, safety and welfare of persons.

Question 13

Specific Health & Safety with your workplace;

Answer 13

In terms of Office-based H&S my company has online learning modules such as;
- Display Screen Equipemnt
- Construction Site safety
- Fire Awareness
- Asbestos Awareness
- Slips, trips and Falls
If I am required to visit a construction site I consider; journey planning, emergency arrangements, permissions to enter, site-induction, Lone working

Question 14

What is the difference between Adjudication and Arbitration?

Answer 14

Adjudication is a relatively simple and efficient method of resolving disputes without engaging in lengthy and expensive court proceedings. It relies on an independent third party who considers the claims of both parties. It has the advantage of being time sensitive with a decision being made within 28 days.
Arbitration procedures are similar to litigation with formal submissions by both parties, expert evidence, hearings and a decision by the arbitrator.

Question 15

What is your project’s dispute resolution mechanism?

Answer 15

Negotiation, Engineer makes notice of determination, in case of dissatisfaction parties obtain DAAB Decision, finally Amicable settlement and Arbitration.

Question 16

in your SOE you discuss presenting a seminar on ‘Conflict Avoidance’. Tell me what conflict avoidance is and how you implement it.

Answer 16

Clear and concise contract documentation, Good Project Management, Good client management, Good payment practice, Regular reporting and proactivity, Partnering and alliancing, Record keeping.
Contractually; Priority of the Contract Document, Clear definitions and interpretations, Proper explanations of the Engineer’s duties and authorities, Proper explanations of the parties rights and obligations, Proper explanations of the procedures.

Question 17

What are 3 Pillars of Dispute resolution, explain each?

Answer 17

3 Pillars: I Negotiation I Mediation I Adjudication I
Negotiation: parties work out between them how to resolve issues. Power rests with the parties.
Mediation and conciliation: Independent, third-party to facilitate discussions with the goal of reaching a settlement. Power to settle remains with the parties, but process is led by mediator.
Expert determination: The parties agreed that a third party will make a binding decision. Terms are governed by contract. Expert will be final, not possible to appeal the decision.
Adjudication: Either party may request Referral within 7 days of a Notice of Dispute, the adjudicator has 28 days from issue of the Referral within which to issue a decision. That decision will bind the parties and in most cases be readily enforceable.

Question 18

What is Formal Dispute Resolution?

Answer 18

The parties have right to refer their matter to an appropriate court. The nature, complexity and value of the dispute will determine which court will hear a particular dispute. Courts have the widest jurisdiction and in addition to determining disputes and declarations, they can also issue Charging Orders, summon witnesses and involve the third parties in the dispute as necessary.

Question 19

What is the Dispute process FIDIC vs. JCT vs. NEC?

Answer 19

FIDIC: Dispute Avoidance/Adjudication Board (DAAB). Engineer makes notice of determination, in case of dissatisfaction parties obtain DAAB Decision, finally Amicable settlement and Arbitration.
JCT: Settlement of disputes starting with mediation in case of not resolved by negotiation then adjudication and after that arbitration.
NEC: Adjudication, dispute avoidance board and finally tribunal/arbitration.

Question 20

What can be your advice to avoid disputes in the pre contract stage?

Answer 20

 Use standard contracts with clear contract documentation;
 Priority of the Contract Document
 Clear definitions and interpretations
 Proper explanation of the duties and authorities
 Proper explanation of the parties rights and obligations
 Proper explanation of the procedures

Question 21

Can you name any of the arbitration centres in Qatar?

Answer 21

QICCA - Qatar International Centre for Conciliation and Arbitration

Question 22

Step-by-step process of reviewing an extension of time claim

Answer 22

Under Clause 20.1, the Contractor must give notice of any claim, whether for time or money, not later than 28 days after the Contractor became aware, or should have become aware, of the circumstances giving rise to the claim.
The Contractor to follow up his notice within 42 days of the occurrence of the circumstances giving rise to the claim (not within 42 days of giving the notice) with ‘a fully detailed claim which includes full supporting particulars’ of the claim.
The Clause can be activated when the Contractor suffers delay, or will be delayed. The only realistic way of assessing delay is by comparison with the Clause 8.3 programme. If the programme is of sufficient quality, it should form a good basis for assessing delays.
Grounds for an extension of time are:
- Variations
- A cause of delay referred to in the Conditions; late information, denied or late access or possession…
- Exceptionally adverse climatic conditions
- Unforeseeable shortages of personnel or Goods, caused by epidemics or governments
- A delay caused by the Employer or a party under his control
Within Clause 20.1, the Engineer is directed to respond with approval, or with disapproval and detailed comments, and in any event, respond on the principles of the claim. That requires him to consult with the Contractor, to try to reach agreement. If it is not possible to reach agreement, he must make a fair determination of the extension of time.
If the claimant disagrees with the engineer’s decision, he is entitled to pursue the claim through the DAAB and Arbitration mechanisms outlined in Clause 21.

Question 23

What would you do if the Contractor didn’t have All Risk insurance in place?

Answer 23

The Client may withhold payment until adequate insurance is in place. I would advise the Client that is the site isn’t insured then potentially there asset is at risk, albeit at the Contractors’ responsibility. If the Contractor becomes insolvent then the client may become responsible.
The client may be able to enact their own insurance and contra-charge the Contractor.

Question 24

What would be the advantages of using a standard form of contract?

Answer 24

 Written by legal experts
 Obligations of each party are clearly set out
 Risks allocated appropriately
 Familiarity with the provisions
 The time and expense of preparing
 Case law is a good source of clarity of terms

Question 25

What is a retention bond?

Answer 25

This is a bond provided by the contractor in lieu of taking retention from interim payments.
It should be equal to the same value as the retention deducted.
he requirement for the bond should be stated in the contract particulars.

Question 26

How will you pay for Material off site?

Answer 26

Check the financial status of the contractor to assess the likelihood of insolvency.
Require proof that the property in the items is vested in the contractor before payment is made. This may include a vesting certificate (certifying that property has passed to the contractor and that the materials will be properly identified, stored and insured), and checking that the suppliers terms and conditions do not include a retention of title clause.
The items should be set aside, and clearly marked with the client’s details.
Be insured against specified perils for the period they remain off site.
An on-demand bond might be required.

Question 27

What is the payment certification process? How do you assess? What are the requirements/checks?

Answer 27

The Contractor submits payment application supporting documents to the Engineer. The Engineer then verifies and receives any additional information and he will issue the payment certificate within 28 days from the date of the Contractor’s statement. The Employer must make payment to the Contractor within 56 days from the date of receiving the Contractor’s interim payment statement with supporting documents for the final payment.

Question 28

What are the defined role FIDIC vs. JCT vs. NEC?

Answer 28

FIDIC: The Employer appoints an Engineer. The Engineer may issue instructions for the Works or Variation. Notices and other communications shall be in writing. Engineer is responsible for supervision (Inspection).

JCT: The Employer assigns an Architect/Contract Administrator. CA may issue Instructions or Variation. Instructions are allowed orally but these shall be confirmed in writing. The Employer appoints a clerk of works to act as an inspector.

NEC: The Client assigns a Project Manager, PM may give instructions or notify Compensation Events. Verbal instructions not mentioned, communications in a form which can be read, copied and recorded. Client assigns a Supervisor to do tests and inspections.

Question 29

Explain the valuation process FIDIC vs. JCT vs. NEC?

Answer 29

FIDIC: Contractor submits statement then the Engineer issues IPC and the Employer makes the payment. The Engineer does the measurement and valuation. Contractor Statement + 28 days Engineer issues IPC + 28 days Employer makes payment.

JCT: The payment cycle is monthly, and the due dates are referred as interim valuation date or receipt of the interim payment application. These dates are for payment notice, payless notice, final payment, and the final date. The valuation shall be done by QS, and CA issues the payment certificate stating the calculation basis. IP Assessment 7 days before Due Date. Final Payment Date 14 days after. Payment notice +5 after Due Date. Payless 5 days before Final.

NEC: The payment process based on assessment dates determine the due dates for application for payment, assessment/correction, final assessment, and payment. PM decides the first one then the recurring interval. - For Option C, the contractor is reimbursed for Defined Costs plus fee.

Question 30

What is the Dispute process FIDIC vs. JCT vs. NEC?

Answer 30

FIDIC: Dispute Avoidance/Adjudication Board (DAAB). Engineer makes notice of determination, in case of dissatisfaction parties obtain DAAB Decision, finally Amicable settlement and Arbitration.
JCT: Settlement of disputes starting with mediation in case of not resolved by negotiation then adjudication and after that arbitration.
NEC: Adjudication, dispute avoidance board and finally tribunal/arbitration.

Question 31

What is an Entire agreement clause?

Answer 31

The parties know that the agreement is confined to the four corners of the document. An entire agreement statement declares that the document in which it appears, and any documents referred to, contain the totality of the parties’ bargain.

Question 32

What is a Severability clause?

Answer 32

Severability refers to a provision in a contract which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply.

Question 33

Process of Good Management;

Answer 33

Managing all aspects of time, money and risk. This involves proactively addressing difficult issues. Simply allocating responsibility to others is never adequate.

Question 34

Clear contract documentation;

Answer 34

Disputes arise from ambiguities in contract documentation or whether there is a contract at all. The cause of a dispute might lie elsewhere, for example, a contractor that is in financial difficulties and may exploit ambiguities to recoup its financial position. Good documentation means capturing the specific details and addressing the risks. The key is to identify the main areas of risk and set out a strategy for dealing with them.

Question 35

Name the Building Elements as classified by BCIS;

Answer 35

0. Facilitating Works
1. Substructure
2. Superstructure
3. Internal Finishes
4. Fittings, Furnishings and Equipment
5. Services
6. Prefabricated Buildings and Building Units
7. Work to Existing Building
8. External Works
9. Main Contractor’s Preliminaries
10. Main Contractor’s Overheads and Profit
11. Project/Design Team Fees
12. 12 Other Development/Project Costs

Question 36

What is the CDM?

Answer 36

CDM aims to improve health and safety by helping to:

• plan the work so the risks involved are managed from start to finish
• have the right people for job at the right time and coordinate with others
• have the right information about the risks and how they are managed
• communicate information effectively
• consult and engage with workers about the risks