Mandatory Flashcards
What are the most common environmental issues experienced on construction sites?
What regulations and codes of practice are you aware of that affect sustainability in construction
Building Safety 2022
Climate Change Act 2019-UK to achieve Net Zero by 2050
UK Plan for Green Industrial Revolution
Sustainability and ESG Guidance in Commercial Property 2021
What Procedures can be adopted to avoid disputes?
Clear contract documents and Terms of engagement
Effective communication between all parties
Accurate record keeping
What is workplace diversity?
Diversity in the workplace relates to the acceptance and inclusion of employees of all backgrounds
Ensuring diversity in the work place is an important asset of an organisation as it acknowledges the individual strengths of each employee and the potential they bring to the business
What are some of the advantages of a diverse team?
Increased productivity: A diversity of talent will result in a broader range of skills amongst the team and result in increased productivity
Increased creativity: differing skill sets and perspectives within the team will increase the change of generating solutions to workplace problems
Improved cultural awareness: a diverse range of cultures within the workplace allows companies to operate more effectively within a global market place. E.g. having access to an employee who speaks Mandarin will be a great asset for a company operating in China
A positive reputation: companies that have a diverse workplace are often perceived as better employers. Potential employees want an employer who accepts and is tolerant of all backgrounds and who treats their employees fairly
Please explain your understanding of inclusion within the work place?
- Inclusion within the workplace is creating an environment and culture where all company employees feel like they belong in the organisation
- This results in every employee being comfortable to voice their opinions and that no one person feels excluded in the basis of their identity
What is meant by the term unconscious bias?
refers to the associations and assumptions that a person may have about someone solely because of their race, gender or disability
These judgements are made without conscious awareness
What are some of the types of teams?
Office Teams
What are some examples of Team Working you have demonstrated?
- Listening skills
- Persuading Skills
- Discussing Skills/Presentation
In your experience, what are some common causes of disputes?
Errors and conflicting information within the tender documentation
Poorly defined change control procedures
Lack of knowledge/understanding of contractual obligations
Contract errors
4) What is an expert witness?
A witness who is an expert in their particularly field who applies their knowledge, experience and specialist training to assist the court or parties involved in disputes
They will provide their expert opinion in legal cases & disputes to assist the court in arriving at a sound and reasoned decisions
What is mediation?
Mediation is a form of dispute resolution that is entered into by the consent of both parties
A third party mediator is appointed to resolve the dispute in question and assists in a supported negotiation to reach an acceptable outcome
Mediation is an informal process allowing parties to adopt a flexible approach in reaching an outcome allowing relationships to be maintained
The mediator has no legal authority or power to insert either party to do anything and the process is not binding
What is conciliation?
Conciliation is used by mutual consent of both parties, under the ICE procedure there is no right of either party to object to the appointed conciliator
The process adopted is very similar to mediation in a supported style of negotiation
The main difference is that in the event negotiations breakdown the conciliator will prepare a recommendation setting out how the dispute should be resolved
If neither party objects to the recommendation within 1 month of the ruling, this becomes final and binding
What is adjudication?
a statutory procedure provided by a 3rd party independent adjudicator which is selected by the parties in dispute
The parties can select an expert or highlight characteristics they need to offer
The appointed expert can act in an investigative manner
No legal submission or examinations in evidence
less expensive than litigation and arbitration procedures
Outcome issued by the expert is not supported by statute with the experts powers limited to the confines of the contract
The experts outcome must be enforced by court proceedings if appealed
Name some different forms of ADR?
- Mediation
- Conciliation
- Negotiation
What are the 3 formal forms of Dispute Resolution?
1) Arbitration
2) Litigation
3) Adjudication
What would you consider to select a form of DR?
What kinds of incident are the causation of most deaths within the construction industry?
breathing in Hazardous Fumes
What is the objective for businesses in creating accounts to provide information on their financial position:
What is the equation for Profit & Loss?
Revenue – expenses
What is the purpose of the balance sheet
- To present a company’s financial information of the business and allow managers to make informed decisions about the economic position of the business
What are the 5 basic accountancy concepts:
a) Business identity
b) Going Concern
c) Monetary period
d) Accounting Period
e) Accrual
Tell me about a time you negotiated?
- Preparation
- Collated supported documentation
- Meeting with Client/Project Team
- Concessions/non-negotiable
- Staying calm
- Outcome
- Written down
What are the main principles of the Data Protection Act and the Freedom of Information Act?
Secure
Collected for specified, explicit and legitimate purposes
accurate and up to date
Fairly Lawfully and trasparently processed
adequate, relevant and limited to what is necessary
FOI
max disclusure
publish key info
promote open government
exceptions narrowly drawn
processed rapidly and fairly
min costs
What are the penalties for breaching the Data Protection Act? Who polices it?
e Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR)
The retained earnings equation is:
Beginning Retained earnings + Net Income – Dividends
What does PPE stand for?
Property, Plants Equipment
What does ‘bottom line’ refer to
Net income
What is the biggest cause of long term health issues in the construction industry?
Breathing in hazardous Dust and Fumes
What are your firms Terms of Business?
What components would you find in a Business Plan?
The vision
Objectives and goals
Strategies and actions to achieve these
What is the difference between conflict management and conflict avoidance?
Conflict of avoidance= cannot accept the instruction
CM = instruction put in place, steps taken to manage the conflict= e.g. information barrier
When should you decline an instruction?
When you feel there is a Conflict of Interest
Tell me about a dispute which you have dealt with during your work.
How can you try to diffuse a dispute? What techniques can be used for dispute avoidance?
Require, Clear, concise contract drafting
Negotiating Contract obligations
Keeping Records
What procedures does your firm implement to promote sustainability
What are the principles of client care and provide an example of when you have shown good client care?
Tell me about some health and safety legislation?
The Health and Safety Act 1974
Primary Uk legislation governing H&S
Sets out duties of employers, self-employed persons, persons in control of premises, employees, manufacturers and suppliers. They must safeguard H&S of employees and public who may be affected by their work
Enforced by the HSE. Penalties can include fines and imprisonment
WWhat is the FOI 2000?
Applies to all public bodies in England, Wales and Northern Ireland. The act relates to all information held in any form. Acknowledge request for information within 20 days.
What is the main UK data legislation and what is it?
Data Protection Act
What is the main UK legislation to ensure equality?
Equality Act 2011
What is the difference between mediation and conciliation?
The mediator is a neutral party who help to rebuild business relationships and help them to work out a solution that is mutually agreeable. There parties can directly engage in the discussions. It is non-binding and parties can revert to arbitration or litigation at any time
Conciliation has the same aims as mediation but the processes are different. The conciliator is a figure of authority the parties have turned to for guidance. The conciliator makes suggestions and the parties make final decisions
What is negotiation
Parties may through an informal private or facilitated negotiation process agree to settle the dispute either at a high level or in detail and agree to be bound by this settlement
What is adjudication?
A UK statutory resolution procedure
Relatively quick process from submission or referral
Binding until dispute determined by litigation or arbitration
What enforces the requirement for a building contractor to contain provisions for adjudication?
The Housing Grants, Construction and Regeneration Act 1996 (So called Construction Act)
Tell me more about arbitration
Arbitrations is a procedure for the resolution of disputes which is under the control of the parries
Certain conditions must be met: a genuine dispute of difference between the parties (award must be capable of enforcement), Binding agreement to submit to arbitration in contract, Private
- 3 available procedures:
1. Documents Only (30 days)
2. Short hearinf (30 days)
3. Full Procedure (Long)
Can you explain in detail the difference between arbitration and litigation procedure?
Arbitration: procedures are governed by the Arbitration Act 1996. To arbitrate, there must be an agreement between both parties, parties have a wide degree of discretion as to the way proceedings are conducted. The procedure is similar to litigation with formal submissions by parties, expert evidence, hearings and decisions by the arbitrator
Litigation: presentation of arguments in court, public process following Civil Procedure Rules
Advantages: Parties do not pay for court or judge, process can deal with multi-party disputes, civil procedure rules aim for accessibility, speed and efficiency
What is ADR and what experience have you had dealing with disputes which have used ADR?
Tell me about the principles of mediation. How do these compare with adjudication and arbitration?
What is the Paris Agreement?
What are the management of Health and Safety at Work Regulations 1999?
Requires employers to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.
What are the key implications of the updates to CDM-2015 regulations?
More focus on clients to put in place arrangements to ensure health and safety
Clients can no longer assign their legal responsibilities to agents
Must be a declaration of how long contractors will be given to plan and prepare for construction work
Clients deemed the principal contractor or CDM co-ordinator for any period during which other appointments aren’t made
What are three types of conflict under the RICS guidance?
“1. Party Conflict
2. Own Interest Conflict
3. Confidential Information Conflict”
“When did RICS Conflict of Interest Professional Statement take
effect from?”
1st January 2018
What are the main points to have regards to when acting as an expert witness? What guidance does the RICS provide?
Tell me about your experiences of dealing with PACT
WHat is GDPR
General Data Protection Regulation which came into force in May 2018
What are the main points set out in the RICS Practice Statement and Guidance Note for expert witnesses and advocates?
What redress systems are available to RICS members when they have a dispute?
“What does the RICS advise you should do if you wish to set up
practice after qualifying?”
“1. Register for Regulation by submitting firm detail form
2. Purchase PII and other insurance
3. Implement company policies such as H&S
4. Use RICS designation appropriately
5. Comply with regulations for holding client money
6. Have a written CHP
7. Train staff appropriately
8. Comply with legislation e.g Companies Act 85”
Who should you report bribery too?
“RICS
Serious Fraud Office”
Name some sustainable building methods?
Green Roofs
Ground source heat pumps
Air source heat pumps