Mandatory - Level 1 Flashcards
Client Care
What does a standard form of appointment includes?
- Services
-Basic services e.g QS’ing (RICS provides checklists for each discipline)
2.Fees of payment
-Can be: percentage of building cost, lump sum, fee instalments (with payment schedule)
-Additional services (not in RICS checklist)
- Client’s Brief
-Client objectives, project description, budgets, programme
4.Appendix A
-Dispute resolution, PI requirements, design responsibility, assignment, CDM regs, collateral warranties/third party rights, termination, requisite standard (eg reasonable skill and care)
Client Care
RICS require appointment documents to be:
-In writing. So typically used for surveyors and client to enter into contract together.
-RICS provide standard forms, and short form one
Client Care
Why is a client’s brief important?
A formulation of objectives, performance requirements, site description etc
-can form initial strategic brief in standard form of appointment for consultants
-Developed further to allow feasibility studies/
-Developed further to full project brief to procure work eg important in design & build projects as sets out needs of project and basis for the ‘contractor design’ and poorly defined ones can lead to changes
Above can be applied to RIBA plan’s of work 0,1,2
-Important in D&B, eg employer’s requirements need to be well developed to prevent changes/poor quality build
Client Care
What are the general expectations of a client?
What behaviours in your working life should you expect to show good client care practice?
-Confidentiality of their information
-Clear communication
-Competence
-Transparency in fees/charges
-No conflict of interest
-Continuous improvement
-Ethical behaviour
-Handle complaints
-Regulatory compliance
-Address their specific needs
-Reliability
Client Care
What is client care?
-Understanding client’s needs: most important, every client different requirements/experience/expectations
-Building trust: be transparent with client’s best interests
-Effective communication: reliable and transparent, listen to feedback
-Problem solving: promptly and efficiently to meet client’s objectives
-Personalised service
-Anticipate needs
-Continuous improvement:
-Ethical conduct: be honest and transparent, confidentiality
-Measuring evaluating satisfaction: feedback, surveys, and KPI’s
-Timeliness
Client Care
What are typical client stakeholders in your projects?
Funder
Client
Contractor
Subcontractors / Suppliers
Insurers
Designers
Customers
Residents
Council / Government
Client Care
What is an independent redress scheme?
-Consumer scheme handles small issues that are disproportionately expensive to take to court
-If in favour of complainant then is binding
-If in favour of firm can be escalated to court
-RICS firms must specify it is: ombudsman, CEDR (mediation/adjudication).. or straight to arbitration if large value
Client Care
What must a complaints handling procedure include?
RICS has model form with minimum 2 stages:
Stage One
First stage gives firm opportunity to review and consider complaint and try to resolve it
-Acknowledge
-Consideration by senior member/complaints officer
-Try to resolve
Stage Two
Second stage if party still not happy and allows complaint to be reviewed by a free independent redress provider
-If unable to resolve internally then taken to an independent redress mechanism (approved by the RICS)
-Must be clear, quick, transparent and impartial
-All complaints, progress ,outcomes must be record
RICS default redress provider is Centre for Effective Dispute Resolution (CEDR) - Gleeds use this
TW is Council for Consumer of Water
General:
-Must be free
-Must be clear, quick, transparent
-Issued (published) in terms of business
-RICS approved independent redress
-Notify PI
-Maintain complaints log and record outcome
-Details of nominated person investigating
Client Care
What is the Client Money Protection Scheme?
-Operated by RICS
-Allows public to be reimbursed for direct loss of funds from RICS firm where they can’t repay
-Funded by RICS firm levies
-Last resort if RICS firm/insurers don’t pay out
Client Care
What independent redress scheme did TW/Gleeds use?
TW: add
Gleeds: CEDR
Client Care
What is the importance of a complaints handling procedure?
Maintain public trust
Show commitment to service - if accessible
Show you are customer focused
Open and accountable
Acting fairly and proportionally
Seeking continuous improvement
Health & Safety
What is the Building Safety Act 2022?
-Arose in response to Hackitt review (of building regulations) after Grenfell fire 2017
-Ensure high rise/multi occupancy residential buildings are designed, constructed, managed safely
-Legal framework of fire safety and structural integrity
-Applies responsibilities to owners, managers, designers, contractors, developers
-Key duty holders are Client, Principal Designer, Principal Contractor and contribute to fire safety
-These duty holders responsible for golden thread ‘ of information to hand over to client on fire safety
-Act overseen by Building Safety Regulator
-‘Responsible Person’ for fire safety
-Primary legislation
-High risk buildings are 8 stories or higher, or care homes
Health & Safety
What is a Principal Designer?
Replaced the Principal Coordinator
-They have responsibility for CDM during design phase and is someone ‘who has the ability to influence the design.
-Comparable to principal contractor during the construction phase
-Help client compile pre-construction information and make them aware of their duties
-Design to ensure H&S risks eliminated or controlled through planning/managing/monitoring of design, rather than waiting until construction
-Work with other designers to plan/manage/coordinate works and make sure everyone complies
-In doing so take account of relevant information (e.g pre-construction information/health and safety file) that might affect design work carried out both before and after the construction phase has started
-then liase with principal contractor and pass on pre-construction information and health and safety file.
-Principal passes this to client if still there, or if not the Principal Contractor does it
Health & Safety
What are the CDM Regulations 2015?
The Construction (Design and Management) Regulations
Provides legal framework for design and construction that poses a significant H&S risk
-All projects subject to it (done proportionately)
-’Notifiable projects’ need an F10 form and for projects 30+ days/20 workers/500 person days of construction
-CDM ensures that health and safety issues are properly considered during a project’s development so that the risk of harm to those who build/use it is reduced.
-CDM is an AUDITABLE approach to projects to ensure technical design issues with potential to harm are reviewed and eliminated.
-It projects have more than 1 contractor (very often) then must have principal designer/contractor.
9 general principles of prevention:
-Avoid risk (best) with prevention strategy
-Evaluate and combat at source
-Adapt work around risk
-Substitute
-Appropriate instructions
-Important to track all meeting minutes
Health & Safety
What are example of safe design?
-Design access areas to accommodate work-at-height equipment
-Consider how workers will access and maintain equipment
-Access to trenches etc. Most TW will be access/working in trench related.
Health & Safety
What is the Principal Contractor?
Duties are identical to Principal Designer but during the construction phase.
-Solve complexity of all these contractors/subcontractors by having one Principal Contractor responsible for documentation
-So generally make sure all contractors comply,
-Take account of H&S file from principal designer
-Ensure anyone they appoint has necessary skills/experience,
-Coordinating construction work of contractors/subcontractors so they cooperate with each other
-Appropriate site induction (and workers properly consulted) and construction phase
-Before the construction site is set up they preparing and reviewing construction phase plan and then always keep it updated
Health & Safety
What does client do in CDM regulations?
-Notify the Health & Safety Executive (HSE) with F10 form
-Appoint principal designer/contractor,
-For pre-construction information (can be helped by Principal Designer)
-Assess everyone’s competency.
-Principal designer should not be assessing construction phase plan or pre-construction information (as mentioned above). They can make sure it’s collated/coordinated but not responsibility to do it.
-So lots of responsibility of client: they hold money and decide what is built.
-Must ensure that the principal designer passes the health and safety file to the principal contractor.
-At the end of the project the Principal Designer (or Principal Contractor) must pass back to client
Health & Safety
What is the Pre-Construction Information?
-Responsibility of Client (a legal requirement)
-Tells you everything about site eg: location of underground services, normal site risk assessments (RAMS), environmental survey, location…. ANYTHING
-In most cases Client doesn’t know what to do so Principal Designer helps client to fulfill duties (has to be in writing)
-Client must provide it as soon as is practicableto every designer/contractor
-All information which is relevant to the construction work and of an appropriate level of detail/proportionate to risks involved, eg:
-project details
-planning and management eg plans, environmental assessments, safety assessments
-health and safety hazards, design and construction hazards, how they will be addressed
-information in any existing health and safety file
Health & Safety
What is the Construction Phase Plan?
-Prepared by Principal Contractor: develops on pre-construction information and required before construction starts.
-Big document that goes from design phase to ultimately construction phase so looks very different at end compared to start.
-Details everything about how doing job/risk management/welfare provisions/fire risk assessment/access for emergency services.
-Always kept updated.
Health & Safety
What is the Health & Safety file?
-Provided by Principal Designer at end of project
-Contains design risk ascertained from all parties from design stage and through construction
-Everything done in process to be handed over to client once finished:
-Client must ensure that the Principal Designer passes the Health and Safety file to the Principal Contractor.
-The principal contractor must then ensure that the health and safety file is appropriately reviewed, updated and revised to take account of the construction works and any changes that have occurred.
-At the end of the project, the principal designer, or if noprincipal designer, the principal contractor, shall pass the health and safety file to the client.
-Contains key design information like: access or maintenance strategies, fire strategy drawings, manufacturer information
-Always updated
-The design risk that is passed back to client.
-If client gets rid of building, it shall provide thehealth and safety file to the person who acquires the building and ensure that person is aware of the nature and purpose of the file.
Note: Principal Contractor provides the O&M file (which is different).
Health & Safety
What is the Health & Safety at Work Act 1974?
-Primary legislation underpinned by regulations e.g COSHH, RIDDOR, Manual Handling Regulations
-Employer’s must ensure H&S for its employees and anyone affected by work eg visitors, contractors, and the public.
-Sets out general duties and criminalises failure to comply with duties.
Employer must:
-Provide/maintain safe systems with clear accountability, policies and procedures
-Appropriate line management structure
-Training
-Carry out risk assessments to identify and reduce potential hazards
-In the event of an accident/incident, a firm must determine the root course and take action
-Employees have duty to take reasonable care for their own and others H&S.
Health & Safety
How do you report a health and safety incident at Gleeds
Portal for:
-Incident (injury)
Or
-Near miss (no injury)
Encouraged that no incident too small to report
Health & Safety
What regulations are you aware of?
-Building Regulations 2010 parts:
Part B (Fire Safety)
-Vol 1 for dwellings, Vol 2 for eg schools and hospitals
Governs:
-Means of Escape (safe routes, alarms),
-Fire Spread Prevention (fire resistant internal linings and structure, fire resistant external design eg external walls/roofs),
-Structural Integrity Fire Protection,
-Fire Service Access: Providing easy access for fire services to reach and combat fires effectively.
Part F (Ventilation)
-Linked closely with Part L (conservation of fuel and power).
-Buildings to be airtight to reduce energy wastage, but need sufficient ventilation to prevent overheating and make air comfortable. Part F ensures sufficient ventilation is provided
-Supply and extract (MVHR systems), are recognised as one of the most proficient means of ventilating.
-Minimum airflow in bedrooms
-Minimum background (natural) ventilation
-Requirement for new homes to produce around 30% less CO2 than current standards and a 27% reduction of emissions from other new buildings, including offices and shops.
Part M: Access to and use of buildings,
Control of Substances Hazardous to Health 2002 (COSHH)
Reporting of Injuries, Diseases and Dangerous Occurrences 2013 (RIDDOR)
Health & Safety
What are your personal responsibilities under The Act and Surveying Safely?
Act
-Report actual/perceived H&S breaches
-Carry out personal risk assessment
-Wear PPE
-Undertake training
Surveying Safely
-Performance
-Follow systems
-Adaptability
-Vigilance of risks
-Awareness of ability/limitations
-Teamwork
Health & Safety
What do you know about RICS Surveying Safely?
-Reissued as a Professional Standard
-Applies GLOBALLY not just UK
-Provides an overview of best practice for surveyors, including corporate and personal responsibilities relating to health & safety.
-Key change for 2nd edition is the ‘safe person’ concept where ‘each individual assumes individual behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work’.
-There is also a greater emphasis on ensuring the COMPETENCE of individuals, including their responsibility to ensure the use of safe work equipment / systems of work for themselves and others.
Furthermore, RICS Regulated Firms must ensure they provide:
-A safe working environment
-Safe work equipment
-Safe systems of work
-Competent staff
————
-Corporate responsibilities: select competent staff, training, provide staff with information on risks, adequate equipment, safe systems, instruction, supervision, PPE
Sustainability
What does the RICS Sustainability Report contain?
-Last year was a wake up call, with progress on sustainability lagging from what is required.
-2050 net zero target is reachable within commitment, but that is lacking
-Demand for green real estate rising (and command better premiums), but building resilience only seen as moderately important despite extreme weather risks
-High initial costs, skills shortages, gaps in knowledge seen as barriers
-Regional variances. Complacency in developed nations, Middle East/Africa becoming more aware
—
Statistics
Interest in sustainable built assets among investors/occupiers is rising:
-63% in Europe,
-54% in UK
-41% Global.
Highest in Europe where REGULATUON AND STANDARDS around green practices most comprehensive
Only 50% believe green buildings have a higher capital value
Biggest challenges to adopting sustainable construction practices:
-High initial costs
-Skills, knowledge, training shortages
-Culture issues, established practices, lack of awareness
Carbon measurement
-34% do not measure carbon
-24% do but doesn’t affect choice of material/system/component
-Only 21% say it does affect their choices
Can adopt RICS Whole life carbon assessment (WLCA)
Biodiversity
-Only 20% consider biodiversity on all projects,
-Only 27% less than half of projects
The sector is unprepared for disaster, extreme weather events threaten: human life, livelihoods, infrastructure, buildings, insurance premiums. But building resilience is essential/very important to only 30% of investors.
RICS recommends a number of high-level policy measures to drive decarbonisation and increase resilience of built environment to climate impacts
Embodied carbon – carbon footprint of a building before it becomes operational
Sustainability
What does the RICS recommend from the Sustainability Report?
Summary:
-Urge policymakers must set clear position by developing sector-specific targets that align with national climate commitment
-Common standards for projects and data, e.g using , International Cost Management Standard (ICMS)
-Mandatory to have embodied carbon measurement assessments and encouraging adoption of global standards such as: RICS’ Whole life carbon assessment (WLCA).
-Combat high costs and lack of data on low-carbon materials with better information e.g Built Environment Carbon Database (BECD)
-Industry/policymakers must prioritise training
-Financial constraints are issue so need well targeted fiscal support to help companies transition to greener business practices.
-Collaboration between industry shareholders
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-RICS urge policymakers must set a clear position by developing sector-specific targets that align with national climate commitments
-Common standards for projects and data, to simplify working across jurisdictions and ensure a level playing field e.g using , International Cost Management Standard (ICMS)
-Mandating embodied carbon assessments and encouraging the adoption of global standards such as: RICS’ Whole life carbon assessment (WLCA). Will create a behavioural shift across the sector, helping carbon measurement and mitigation to become fully integrated into construction practices.
-High costs and lack of data on low-carbon materials. So need better information e.g Built Environment Carbon Database (BECD)
-Industry/policymakers must prioritise education/training programmes to build competencies of professionals.
-Financial constraints are seen as biggest barrier so Well targeted fiscal support could help companies transition to greener business practices.
-Collaboration between industry shareholders
-Need more understanding of purpose of carbon measurement as 40% cite a lack of understanding/skills on not adopting greener practices.
Sustainability
What is the importance of sustainability?
Prevent toclimate change, landfill waste, and air and water pollution
Construction industry
accounts for 37-40% of global emissions
Sustainability
What low carbon technologies are there?
Low Carbon technologies:
-Photovoltaics (solar panels)
-Rainwater harvesting
-Green roofs - reduce the flow of stormwater from a roof
-Reclaimed wood, recycled glass
-Ground source heat pump - extracts heat from the ground and uses it to heat your home, a low carbon system that saves money
-Sustainable/recycled materials
-SUDS (Sustainable Urban Drainage Systems )
-Minimising waste
-Biomass heating
Sustainability
What codes of practice are there?
-Whole life carbon assessment (WLCA):
A standard that helps measure whole-life carbon emissions, manage carbon budgets, reduce life cycle emissions and deliver a net-zero future for the built environment
-International Building Operation Standard (IBOS):
A method for measuring and managing how buildings perform. Assessment results can be used to inform decisions around ESG and sustainability, building optimisation and user-experience.
Sustainability
What is BREEAM?
Building Research Establishment Environmental Assessment Method
-Sets benchmarks for different developments e.g offices, retail, education, bespoke
-Applies to new developments or refurbishment
-Provides clients/project etc with certainty required environmental standards are met
- A BREEAM assessment is not mandatory on all UK buildings. But often for large commercial structure, public building, or a planning condition under NPPF
-Required on all public projects and should receive an ‘excellent’ rating
-Assessments based on a scoring system with criteria: Energy, Land use/ecology, Water, Health and wellbeing, Pollution, Transport, Materials, Waste, Management.
-Each have a weighting and are scored to provide a: unclassified, pass, good, very good, excellent or outstanding.
-Two stages of assessment: design stage and, post construction (helps designers see where to improve)
Sustainability
What is SKA?
Was owned by RICS but isn’t now. But RICS say international building operation standard (IBOS) more closely aligned with their sustainability goals.
-Ska rating is an environmental assessment method,
-benchmark and standard for non-domestic FIT OUTS
-Helps landlords and tenants assess fit out projects against a set of sustainability good practice criteria, known as Good Practice Measures (GPM).
-Used because industry feedback said that assessing environmental impact of whole building systems (BREEAM and LEED) was unsatisfactory for fit out projects.
-SKA has more flexible scoring depending on project scope
-Free and online (only pay if they want formal certification).
Assessed in three stages:
-Design/planning
-Handover
-Occupancy
Sustainability
What are the three pillars of sustainability?
Economic:Sustainability in the economy makes sense economically.
Environmental:Sustainability in the environment is good for the planet.
Social:Sustainability in society is beneficial to people and communities.
Sustainability
What is the key legislation to govern sustainability in construction and targets?
Flood and Water Management Act 2010
Water Act 2014
Agricultural Land Act – land to be acquired for use as woodlands or to support agricultural activities.
Building Act – Part L and Part F
Clean Air Act – measures in order to control air pollution.
Climate Change Act 2088 – tackle climate change - cut greenhouse emissions compared 80% by 2050, achieve net zero of 1990 levels by 2050
UK Environment Act 2021-
-establishing new binding targets for air quality, water, biodiversity, and waste reduction
-creating the Office for Environmental Protection (OEP) to monitor and hold the government accountable for environmental compliance
—
Paris Agreement 2015.
-legally binding international treaty concerning climate change.
-adopted by nearly every nation
-goal is to limit global warming to well below 2 degrees Celsius
-framework for the transparent monitoring and reporting of each individual countries progress.
Quantification
Difference between NRM2 and CESMM4?
NRM2
-better for preparation of BOQ (with descriptions) while CESMM4 more suited to the measurement/value as at TW didn’t really do BOQ if only pipework
-more emphasis to detail
-More general building
-doesn’t mention pipe work
CESMM4:
-Incorporates rules and regulations for measuring elements of major civil engineering projects
-More inclusive approach to measurement process
-Flexibility for choosing the method of execution of the project works since the cost of the method and other temporary works would be allocated under the method related charges.
-It allows for the pricing of all temporary works which do not form part of the final construction.
-Work classification provides a clear breakdown and clarity on difference in prices between tenders -
clearly defined through the BoQ.
-CESMM continues to update its versions to accommodate new technologies
-Coding system to identify separate category items helpful when mixing/integrating measuring works,
-Allows inclusion of extra work items by making coding iterations.
-Simpler and more flexible for measuring variations
Inclusive Environments
What is in the Culture, Diversity, and Inclusion Portal?
-Becoming a parent guide
-Reasonable Adjustment guide
-Guidance on menopause and the workplace
-Managing disabled employees
-Provide equal opportunities and access to education and training
-Guide to using objective decision-making based on justifiable job-related criteria to ensure progression and appointment opportunities
Inclusive Environments
What is Inclusive Environments/Design?
Inclusive environment - can be accessed/used:
-safely, easily and with dignity by everyone’, ‘
-does not physically or socially segregate, discriminate or isolate’
-well designed and functional
Inclusive design:
Place everyone can use by removing barriers andenabling all users to ‘participate equally and independently in everyday environments’.
Who is responsible for inclusive design?
-Everyone
-Surveyors as involved whole project lifecycle e.g site acquisition, design, construction so can contribute to this.
Can satisfy ethical/moral/professional duty toconsider all user needsand not just comply with minimum legislation/regulations,
What are the key principles of inclusive design?
-Placingpeople at the heart of the design process
-Acknowledging diversity and difference-Offering choicewhere a single solution cannot accommodate all users
-Providingflexibility in use
-Creatingan environment that is convenient and enjoyable for allto use
Inclusive Environments
How do the building regulations influence design?
UK the Building Act 1984 made this a legal requirement, with Part M of the Building Regulations setting out the minimum requirements for buildings when providing equal access and use for those that have physical disabilities.
Building Regulations: Approved Document M
Relates to:
-ease of access/use of buildings
-facilities for disabled visitors/occupants
For new buildings or old ones having material alterations/change of use
Split into:
Volume 1 - Dwellings
Volume 2 - Non-Dwellings.
Gives specific guidance on:
-thesafe degrees of pitch for ramps and steps
-building dimensions and facilities to facilitate wheelchair access.
-minimum door/stairs width
-1 parking bay that can be widened
-Toilet facilities with rails/sufficient space
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Inclusive Environments
How do british standards influence design?
British Standards (BS 8300)
Goes beyond the minimum requirements
in Approved Document Part M.
Part 1 - guidance onaccessible and inclusive design of new public spaces.
Part 2 -internal design to meet all user requirements
Adresses:
-lighting external areas,
-ramp gradients and rises,
-accessible viewing for audience seating
-sanitary facilities,
-WC layout and baby change facilities.
——-
National Planning Policy Framework
Says buildings should ‘promote health and well-being, emphasising high quality, inclusive design is a key principle of sustainable development, not just aesthetic factors.
Inclusive Environments
How does the Equality Act 2010 influence design?
Replaced Disability Discrimination Acts
It says:
disabled individuals should not face barriers to access premises.
If a disadvantage is present thenservice provider is under an obligation to make reasonable adjustments to facilitate access.
Reasonable adjustments = changing the way things are done/physical features or providing additional aids or services.
Addresses both:
-Physical access (ramps and lifts)
-AND services eg hearing loop/visual aid
Diversity, Inclusion and Teamworking
What is unconscious bias?
Unconscious bias (also known as implicit bias) refers to automatic and unfair assumptions or stereotypes about people based on their race, gender, sexuality, ethnicity, ability, age, etc
Eg a woman can be a surgeon
Types:
-Affinity bias: favouring those similar to you
-Confirmation bias: search for information that confirms your preset belief
-Bandwagon effect bias: because everyone else is
-Organisational bias - not hiring a woman as think she’ll get pregnant, don’t overlook someone quiet
Diversity, Inclusion and Teamworking
What should you be thinking about in regards to this in the workplace?
-Teams: selection, appointment, roles, communication, formal reporting
-Diversity - importance and business value
-Partnering and collaborative working
-Diversity and inclusion policies, e.g. non-discrimination and anti-harrassment
-Unconscious bias
-Supply chain management
-Legislation, e.g. Equality Act 2010
Diversity, Inclusion and Teamworking
Why is a diverse team important?
-Be more effective and efficient. RICS Firms need staff who reflect the communities they serve if they are to be credible and understand the issues faced by those communities.
-Differing skill sets and increase chance of generating solutions
-Improved cultural awareness - diverse cultures in workplace allows companies to operate more effectively globally eg employee who speaks Mandarin for operating with China
-A positive reputation, better employers. accepts and are tolerant of all backgrounds, treats their employees fairly.
Most importantly: it’s the RIGHT THING TO DO
Diversity, Inclusion and Teamworking
What is in your employer’s Diversity and Inclusion policy?
-Ways to report any non-inclusivity
-Equity, Equality, Diversity and Inclusion Policy
-Let’s Talk About Race - ‘business in the community’ toolkit
-Trans and non-binary guidelines
-LGBT+ managers toolkit
-Managing disabled employees
Diversity, Inclusion and Teamworking
Tell me about the Equality Act 2010v
Protected characteristics:
-Age
-Race (colour, nationality, ethnic or national origin)
-Sex
-Sexual orientation
-Religion/belief
-Disability:This includes mental health problems
-Gender reassignment
-Marriage and civil partnership:This is only protected in employment
-Pregnancy and maternity:This includes protection for 26 weeks after giving birth, including being treated unfavourably for breastfeeding
Diversity, Inclusion and Teamworking
What is RICS doing to ensure diversity and inclusion in the workplace?
Summary:
-DEI panel following Bichard Review
-RICS inclusive employer quality mark
-Data insight eg women in surveying report and diversity reports
-RICS Diversity, equity and inclusion progress report 2024 - Encouraging an ethnically diverse environment - following McGregor-Smith review develop ethnic minority talent
-Lionheart
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-RICS’Rules of Conductrequire RICS-regulated firms and members to encourage diversity and inclusion.
General
-Diversity and inclusion panel following Bichard Review
-RICS inclusive employer quality mark - wants employers to companies to pledge to continuously improve diversity/inclusion in construction staff employment/retention
-Data and insight and research-driving positive change with reports/surveys highlighting trends to get best practices e.g women in surveying report e.g women in surveying/diversity reports (below)
Gender
-Women in surveying insight report
-Gender pay gap report
Race
-Encouraging an ethnically diverse environment - following McGregor-Smith review develop ethnic minority talent
-RICS Diversity, equity and inclusion progress report 2024
-RICS racial equity event 24,
-Black history month member spotlight
LGBTQ+
-Birmingham pride
-LGBT Networking
-History
Disability
-Lionheart (offer counselling, webinars),
Mental health day, producing supportive environments, Changing disability perceptions in surveying
-Reasonable adjustments policy for members/checklist for managers
-Disability inclusion framework
-DEI knowledge hub
Data Management
What legislation is there around this?
Freedom of Information Act 2005
-Primary UK legislation that controls the access to official information.
-Permits the public right of access to information held by public authorities.
-It helps the public understand how public authorities make decisions, spend money, and carry out their duties
-Can make a subject access request about themselves or FOI request from local authority
Data Protection Act 2018
-Manages how personal data is processed by organisations and the government.
-It is the UK’s implementation of the General Data Protection Regulation legislation (GDPR)
It ensures data is:
-Used fairly, lawfully and transparently.
-Used in a way that is adequate, relevant and limited to only the purpose it is intended.
-Not retained for longer than necessary.
-Processed securely including the protection against unlawful use, loss or destruction.
Data Management
What is a persons rights under the Data Protection Act 2018?
-To be informed about how their data is being used
-The right to access their data.
-The right to have incorrect information updated.
-To have their data erased.
-To object to the use of their data.
- To stop or restrict the processing of their data.
-Object to automated use
-The right of portability.
Data Management
Who are the key persons under UK GDPR?
GDPR
After UK left EU they stopped using the EU GDPR but now have their own version with same core principles.
Key persons:
-Controller: Determine how and why personal data is processede.g employer is controller of employee’s data.
-Processor: Process personal data on behalf of data controllerse.g payroll company or call centre acting for client
-Data Protection Officer (DPO): a leadership role required by GDPR in companies that process data. Responsible for overseeing the data protection approach, strategy, and its implementation.
-Supervisory authority: In UK is The Information Commissioner’s Office (ICO)
-Data subjects:Individuals whose data is processed
Data Management
How do companies ensure compliance with the Data Protection
legislation?
-Should only retain data they need to perform their day-to-day operations.
-If they are retaining someone’s data they should ensure the person is kept informed and advised on why they have it.
-Hold the data securely.
-Keep the information up to date and delete information they no longer need.
Data Management
How do you consider data protection in your role to comply with legislation?
-If signed up to an NDA with a client I ensure complete confidentiality and am not able to talk about these projects with colleagues who are not party to the project.
-I use lockable and secure document storage for hard copy documents. The electronic information is kept securely on encrypted servers.
• I am always sure to lock my computer when away from my desk and comply with my firms IT security policies for example attendance at Cyber security courses and regularly updating my passwords.
• If I am sharing or processing information not available in the public domain from a previous project I always obtain the clients written permission to do so. (e.g my case study)
-Undertaken cyber security training
Data Management
What different sources of information do you use in your day-to-day surveying?
-Contract Documentation.
-Previous Tenders.
-Cost Plans.
-Valuation data.
-Industry Journals.
-Specialist sub-contractor information.
-RICS Guidance Notes.
RICS
-Identify RICS Confidential Information Conflict of Interest
-Don’t share old information even if of interest to new client
-Don’t retain data longer than needed.
Business Planning
What is the a business plan and why is it important?
-A formal statement of the business’s goals with and how to reach them
-Providea employers with a common ground to focus upon.
-Make informed decisions
-Set goals: short or long term
-Identify strengths and weaknesses
-Secure funding
-Measure progress
-Plan for growth
-Understand your market
Business Planning
What is Gleeds’ business plan?
Gleeds Business plan:
-People: attract best talent, inclusivity, retain
-Clients - increase proportion of revenue from top 20 clients to 45%, grow AWE account to £5m
-Maximise existing frameworks, have 22 x £1m+ Accounts and 5 x £5m+ accounts
-Grow key sectors infrastructure and energy
-Finance: focus resources on the most profitable clients, visual dashboards of key financial KPIs/ project profitability analysis, clear identification/management of risks
-ESG: more volunteering hours/community fundraising/work experience
E.g this is Gleeds 1 year OPERATIONAL plan. Can have departmental ones e.g infrastructure to grow staff, retain NHS framework and large clients e.g HS2
Business Planning
What is the Gleeds management structure?
Group Board
Committees: Finance/Audit, Nominatios, Renumeration
Operations board - sets BUSINESS STRATEGY
Business Planning
What are your company’s values?
Professionalism with personality
Excellence with humility
Innovation with agility
Business Planning
What tools does the business uses for business management?
-Insightful management information:
-Create visual dashboards of key financial KPIs and project profitability analysis
Business Planning
What are your company’s terms of business?
-General obligations of firm and client
Skill, care, dilligence required
-Liability - e.g claims raised against company not individual
-Termination/Suspension
-Force majeur terms
-Intellectual property rights
-Assignment
-COMPLAINTS HANDLING PROCEDURE
Business Planning
What is contained in the appointment document?
-What services Gleeds isto provide
-How much and at what stages Gleeds are to be paid
-The extent of liabilities and risks Gleeds are prepared to accept
-Legal terms are in place governing Gleeds’ relationship with the Client which are sensible, commercial and appropriate to the nature of our role.
Business Planning
How do you contribute to your company’s goals?
-Focus on safety.
-Maintain excellence in my work.
-Sharing knowledge within integrated teams.
-Keeping up with new technologies.
-Upskilling new and junior team members.
Business Planning
What are the types of business plans?
-Strategic: long term vision where business goes over 3-5 years e.g expanding, direction
-Operational: detailed for day to day operations, short term, instructions for team
-Corporate: similar to strategic but for more complex company with multiple businesses
-Departmental: specific goals/objectives for that department.
E.g Gleeds departmental is eg infrastructure retaining HS2 framework
Business Planning
How do you plan a business?
-Establish whether there is market demand for your service with market research/analysis, look at competition, how to improve
-How to efficiently structure your business depending on your objectives and ownership structure. Eg: sole trader, limited liability partnership (LLP) or
limited company.
-How will your fund it eg external sources of finance, e.g. bank or own capital
-Develop goals and objectives
-Focus resources on achieving critical success factors
-Marketing strategy
-Executive summary
Business Planning
What are some planning tools?
SWOT analysis
-Internal: strengths, weaknesses
(How to capitalise)
-External: opportunities threats
(How to mitigate)
PEST analysis?
Analysing the key factors influencing market conditions:
-Political influences.
-Economical influences.
-Socio-demographical influences.
-Technological influences.
-Environmental influences.
Business Planning
What is some relevant legislation?
-Business Names Act 1985
-Companies Act 1985
-GDPR
-2017 Money Laundering Regulations
-Consumer Credit Act 1974 (for certain activities)
-Disability Discrimination Act 1995
-Data Protection Act 1998
-Financial Services and Markets Act 2000 -Sale and Supply of Goods to Consumers Regulations 2002
-Proceeds of Crime Act 2002
-Companies Act 2006
-Equality Act 2010
Business Planning
What is required to set up a RICS regulated firm?
After you become regulated, you must comply with the RICS Rules of Conduct for Firms:
-Having adequate Professional Indemnity Insurance (PII)
-Complying with regulations for holding clients’ money
-Having a written Complaints Handling Procedure
-Ensuring staff receive adequate training to act competently
Registration of Firms:
Firms must register for regulation if they provide:
-Surveying services to the public
-In UK
-At least 50% of the firm’s principals are RICS members.
The firm must:
-25% of the firm’s principals must be RICS qualified members or have a plan to secure compliance and supervised by RICS regulated firm
-Designate a responsible principal who provides oversight, accountability, and engagement with RICS standards and regulations.
Conflict Avoidance, Management, and Dispute Resolution Procedures
What are the ALTERNATIVE dispute resolution processes?
-Negotiation
-Mediation
-Conciliation
-Adjudication
-Arbitration
-Ombudsmen schemes
Conflict Avoidance, Management, and Dispute Resolution Procedures
What is Mediation?
-Mediation
Process to reach a consensus where athird partymediator,appointedby the parties assists in a negotiatedresolution.
Advantages:
-informal process
-initiated at any time agreed between the parties
-allowscommercialrelationships to be maintained during/after thedispute,
-flexible approach to agreement/outcome
Disadvantages:
-if no agreement then no outcome and has failed
-mediator has no power to order to do/refrain from doing
-informationmay be ‘given away’ in the process, process is non-binding
Conflict Avoidance, Management, and Dispute Resolution Procedures
What is Concilliation?
-Similar to mediation
-Where a third party assist in reaching an agreement by exploring solutions and understanding each party’s position
-Different to mediation as here the third party actively advises and intervenes to help reach a settlement, while in mediation the mediator facilitates communication to help parties reach own agreement
-Different to mediation as used when there is a specific legal dispute (whereas mediation for general problems)
Conflict Avoidance, Management, and Dispute Resolution Procedures
What is adjudication?
-Acontractual or statutory(Construction Act) procedure for swift interimdispute resolution.
-Provided by athird partyadjudicatorselected by the parties named in contract.
-Generally used for disputes about money, if it’s more serious like someone has died then that is for the courts.
-Decisions are binding unless revised byarbitrationorlitigation. There is no right of appeal.
Advantages:
-Parties can select the expert
-expert can act as an investigator, -seldom lengthy oral arguments or legal submissions
-no formal evidence
-streamlined and flexible procedures as agreed between the parties
-less expensive.
Disadvantages:
-can be overturned by arbitration
-speed may not provide best decision
Conflict Avoidance, Management, and Dispute Resolution Procedures
What is arbitration?
-Private, contractual form.
-Third partyarbitrator/panel (not usually a lawyer) expert in technical matters and contracts
-Selected by the parties to thedispute.
Based on material facts, documents, law.
-Similar to litigation but with one decision maker.
-Decision is legally binding and take 1-2 years usually.
-Legal costs usually awarded to successful party.
In most contracts and if so under regime of courts in Arbitration Act.
Advantages
-Private (nopublicrecordof any proceedings)
-Faster than litigation
-Parties can agree on arbitratorwith relevant expertise
-legally binding
Disadvantages:
-Expensive - parties must bear costsof arbitrator/venue
-Sometimes simply mimicscourtprocesses and so no advantage of informality/speed
-Limited appeal rights.
Conflict Avoidance, Management, and Dispute Resolution Procedures
What is litigation?
-Litigation is the public process of legal action. Courts can enforce.
-Done by lawyer who is expert in court procedures, contracts and law
-More suitable for very big disputes or when someone has died, Technical disputes more suited to arbitration.
Advantages:
-highestqualitydecision making
-judges can make parties comply with timeframesand havepowersof sanctions fornon-compliance,
-defined rights of appeal in cases where errors of fact orlaware made
Disadvantages:
-public
-time consuming especially if appeal made
-less flexible than arbitration which can be more streamlined
Dispute Resolution Procedures
How the choice of contract or procurement route can affect dispute resolution?
How the choice of contract or procurement route can affect dispute resolution?
-JCT typical employer/contractor relationship so ‘us and them’ attitude.
-NEC promotes collaboration and transfer of risk
-Partnering/alliancing/framework promote collaboration
-Target cost contracts promote collaboration
Conflict Avoidance, Management, and Dispute Resolution Procedures
How does the procurement route affect dispute resolution?
-Design & Build single point of responsibility so less disputes
-The traditional procurement route most adversarial due: to separation of design and construction (leading to potential conflicts and a lack of collaboration), also focus on lowest price, lack of early contractor involvement, limited flexibility
-Management Contracting/CM are adversarial as partnering/collaboration is difficult due to many parties
Conflict Avoidance, Management, and Dispute Resolution Procedures
What legislation governs this?
If no adjudication procedure agreed, then one is imposed by Construction Act 1996 (rules set out in theScheme for Construction Contracts). If one agreed then has to comply with Construction Act
the HGCR Act requires all construction contracts under their scope to include provisions on parties’s right to adjudication, failing which such statutory rights shall be implied. These statutory interventions have made adjudication the most used dispute resolution mechanism in the UK today
Conflict Avoidance, Management, and Dispute Resolution Procedures
How can disputes be avoided?
-Good project management: eg raising issues early on, dealing with issues as they arise
-Clear contract documentation: many disputes come from ambiguities
-Partnering and alliancing: fostering co-operation, team working, problem solving
-Good client management: by understanding their objectives/ their approach to risk to determine best solution. Maintain good communication to build rapport, warn issues, and not make client think surveyor is taking over
-Good payment practice: contractor relies on cash flow so need to ensure valuation/payment done promptly to avoid conflict
-Record keeping of information
-Regular reporting of cost, progress and quality to inform the client AND help in project records. L
Conflict Avoidance, Management, and Dispute Resolution Procedures
How are disputes dealt with in NEC contract?
NEC has emphasis on:
-Regular communication
-Strict time bars
-Collaboration
When disputes occur:
W2 Clause used in UK
NEC contracts prioritize collaboration and dispute avoidance, employing a two-stage dispute resolution process: first, adjudication, and then, if necessary, arbitration or litigation.
Eg in HS2 Contracts we used:
Initial step:
-Mediation (Senior Representatives) - each party has a senior representative who will meet and attempt to resolve the dispute before adjudication.
Not mandatory as not to conflict with Construction Act Right to adjudication.
Can also be a step prior to this where PM and Contractor’s Project Director discuss.
-Step 1 (Adjudication) -
-Party provides notice
-Within 7 days appoint Adjudicator (e.g from RICS register/or not) and refers to them
-Both parties have 14 days to provide information
-Adjudicator has 28 days to decide
-Can be extended 14 days if both parties agree
Note: Adjudicator chosen by Adjudicator nominating body (CEDR), and Arbitrator by LCIA Arbitration Rules who chooses arbitrator
-Step 2 (Arbitration)
-If disatified party agrees then goes to Arbitration
Note: ADR provider doesn’t have to be RICS approved, only the one in your complaints handling procedure
Conflict Avoidance, Management, and Dispute Resolution Procedures
What approach has been recommended in the construction industry?
Latham Report recommends:
-Partnering to encourage establishment of long term contracting arrangements. Will allow teamwork, continuous improvement, trust.
-NEC adopted more widely as less adversarial and encourage partnering
-Risk allocated to those best able to manage it
-Compulsory latent defect insurance
-A specified duty to deal fairly with each other, and the supply chain in an atmosphere of mutual co-operation
Accounting
What are cash flow statements?
Summary of the amount of cash entering and leaving a company during a period.
Measures ability to pay off SHORT TERM debts
Accounting
What is an S Curve?
-Stands for ‘standard’ curve and takes shape of letter ‘S’ when shown on a graph.
-Represents the lower level of periodic expenditure at the beginning of a contact (due to site set up and relatively inexpensive enabling works)
-Sharp increase of rate of expenditure will typically increase as more expensive building components such as M&E and Structural Steel
-And the lower level of expenditure at the end of a contact (vast majority of materials being on site, reduced number of trades on site and reduction of contractor’s staff overhead).
-These S-curves are ascertained by a formula, which uses data from previously similar construction projects
-Used to track, analyse and assess business accounts and performance, financial strength of contractors, and compare actual progress of the work against pre-contract predictions.
Accounting
What are cash flow forecasts?
Cash flow forecast - used by client to help inform/predict what monetary commitments under contract will be
-Done Weekly, monthly, yearly or over course of project.
-Will usually show an S curve
Cash Inflows – Cash Outflows = Net Cash Flow
Cash Inflows = Sources of cash,
Cash Outflows = Uses of cash/expenses
-It can help assist both employers and contractors to analyse actual expenditure against forecast expenditure.
-Cash flow is the lifeblood of the construction industry and can know when their monetary commitments under the contract will be.
Accounting
How can cash flow be improved?
-Producing effective and accurate cash flow forecasts
-Process variations quickly and efficiently
-Send out invoices asap
-Decrease payment terms (shorten how long people have to pay you) but increase payment terms of your outflows (lengthen how long you have to pay people).
Accounting
How do valuation techniques affect cash flow?
-Stage payments - Pre-agreed amounts are paid at pre-set times regardless of progress on site - Provides high predictability of cash flow but low accuracy of value of works done to date
-Milestone payments - Pre-agreed amounts are paid upon completion of pre-agreed milestones - provide high predictability of payment value but low predictability of when cash flow costs will be due
-Payment against an activity schedule - Pre-agreed payments are made on completion of activities - Provides reasonable predictability of cash flow forecast (look at programme) but only reasonable accuracy of value of works done to date
-Valuation of works done to date (third-party certification) - At pre-agreed periods (usually monthly) the value of work on site is assessed - Provides lowest predictability of cash flow forecast but high accuracy of value of works done to date
Accounting
What are the uses for cash flow statements/forecasts for the client and contractor?
Client
-Before appointing contractor: Forecasting business performance of contractor/subcontractor before their appointment by looking at their company cash flow forecast to predict how business will perform in future
-Contractor progress monitoring - monitor progress of the works on site against the agreed programme. Assesses whether a contractor is on programme or not. If the interim valuation amounts are ahead of cash flow forecast, this can signify that the works are ahead of programme.
Contractor
-Can use it to make financial decisions, avoid cash shortages, and keep projects running smoothly
-Viability of taking a project on.
Accounting
Differences between balance sheet and profit and loss statement?
Profit and loss statement - incomes and expenditures
Balance sheet - assets and liabilities
QS needs to understand accounts to:
-Measure a tendering contractor’s financial strength
-Preparing business accounts
-Assessing competition
Accounting
What are the different ratios?
Liquidity ratios - ability to turn assets into cash
Measures ability to pay off SHORT TERM debts
Profitability ratios - performance in producing profit in relation to turnover (profit margin)
Gearing ratios - measures amount borrowed against what it owns (equity*)
High ratio company relies on borrowing
Helps investors/creditors evaluate a company’s financial risk
*Equity = assets - liabilities
Accounting
What is the role of the auditor?
-obtain reasonable assurance about whether the financial statements are free from material misstatement, whether due to fraud or error,
-independently review and assess a project’s financial records, contracts, and operational procedures to ensure compliance with regulations
-identify potential risks
-verify that the project is being executed efficiently and within budget
-Often including site visits to examine the work in progress and speak with personnel on-site to gain a comprehensive understanding of the project status.
Accounting
What are Gleeds and TW accounts?
Gleeds
Worldwide turnover to rise by 15% to £267 million this year, with UK revenue around £145 million
TW
Total Revenue: £2.52 billion, an 11% increase with Profit after tax: £75 million, improved from £30 million loss
Data Management
How do you ensure client’s data dealt with ethically?
-Identify ‘confidential information
conflict’ (of interest)
-So don’t share confidential information
from old client even if of interest to new
client
-Don’t retain data longer than needed
Business Planning
Why is LLP good for Gleeds?
Gleeds went from Ltd (limited company) to limited liability partnership (LLP):
-limited liability protection for partners
-flexible profit distribution: where members can change the share of profits (not shareholders)
-flexible management structure
-Corporation tax benefits
-Disadvantage is: more administration, disclosure requirements
What is in Gleeds diversity policy?
-Equal opportunities employer
-Follow equality act with no discrimination on protected characteristics
-Prohibits direct and indirect
Discrimination, harassment
-Recruitment and training non discriminatory
-Promotion strictly on capacity to do job
-Disciplinary action if don’t follow
Is RICS Surveying Safely a professional standard?
YES
Sustainability
What does BREEAM stand for?
Building research establishment environmental assessment method
What is NEC mechanism for dispute resolution?
-Aims to be collaborative
NEC4 offers three stage under Option W2 (UK) when the CONSTRUCTION ACT applies. The stages are:
-Senior representatives (not mandatory under W2)
-Adjudication
-Then arbitration/litigation
Difference financial and management accounts?
Financial accounts
-STATUTORY ACCOUNTS
-required to Companies House and HMRC under Companies Act
-must be prepared with GAAP
-They serve as the basis for calculating corporation tax
Management accounts
-internal financial reports
-help business leaders make informed strategic decisions and monitor their company’s performance
-more flexible to company’s needs
Business Planning
Why is an up to date business plan important
Future proof in terms of sustainable practices and possible new legislation RICS are advocating
-High inflation and political changes in USA
-Current technology
-Develop accurate budget
-Current legislation
Client Care
How do you obtain a client’s brief?
-Engage in thorough discussions with client to understand their objectives and requirements,
-Document the agreed scope of work, deliverables, deadlines, and reporting format.
-If the client is struggling to articulate their needs, ask targeted questions
-Offer a template to client or a questionnaire
-Regular reviews with client
Client Care
How do you gain an understanding of the brief?
-interrogate the brief and ensure it is aligned with client priorities, policies, and other initiatives
-establish clear communication channels
-implement change control measures,
-actively manage project risks throughout the project lifecycle
-consult all stakeholders
-regular reviews eg during each cost plan stage
Client Care
What steps would you take to ensure you did not compromise your professional duty?
Follow RICS rules
Rule 1:
-open and transparent with clients about their fees and services.
-do not misuse/keep safe client money and have appropriate controls
Rule 3
-Understand client’s needs before accepting any professional work
-Agree with client scope of service, limitations, timescales
-Seek agreement if terms/fees change
-Tell client the information your advice is based on
-Communicate clearly with client so they can understand
-Ensured client advice was sustainable and minimised harm
Rule 5
-Support clients who have raised concerns
-Inform clients if I have health conditions that affect my work
Client Care
How do you ensure that you are open, honest and transparent?
-professional judgement
-Rules of Conduct
-professional standards
-Professional obligations
For clients:
-Clearly Communicate, ensuring they understand the service being provided, any potential risks, and terms of engagement.
-Fee Transparency and updates on any changes
-Disclose Conflicts of Interests:
-Protect confidential information only for intended purpose
Client Care
How do adapt client care approach?
-Depending on client experience level, tailoring level of detail and explanation
-personalize communication
-understand individual client need
Client Care
What are some KPI’s?
-TW/Gleeds feedback survey aim for 80% minimum score in customer satisfaction survey questions
-CMEX and DMEX measures how OFWAT will score TW
-Project completion rate (on time)
Client Care
What is corporate social responsibility?
Where companies take responsibility for their impact on society and the environment, aiming to create a positive impact.
Environmental: considering sustainability eg litter picking
Social Impact: CSR initiatives to contribute to the well-being of society, addressing eg poverty, inequality. Eg food banks, talking in schools
Gleeds has the Gleed foundation, donated to Myanmar earthquake fund
Thames Water raise money for water aid
Client Care
How has Brexit and Covid affected client care?
Brexit
Work with European clients with more barriers
Political tensions
Covid
Less personal contact, harder to maintain good relationships
Communication Negotiation
What are negotiation techniques?
-Compromising
-Competitive/adversarial
-Collaboration/cooperative
-Active listening
-Avoid conflict
-Anchoring: offer low with wiggle room
-Bargaining position
Communication Negotiation
How do you prepare for a negotiation?
What factors would you consider before commencing a critical negotiation?
-Do RESEARCH and prepare INFORMATION
-Set a STANCE / MINIMUM TO ACCEPT
-Set a GOAL
-Establish BARGAINING POSITION
-Set a COMMUNICATION STRATEGY
-ANTICIPATE OTHER PARTY’S RESPONSE
Communication
How can you be open and honest when negotiating a Final Account?
-clearly communicate your position,
-be transparent
-provide accurate documentation
-collaborate/ be receptive to alternative solutions
-but remaining firm on your justified claims.
-reach a fair agreement that benefits both parties.
How do you change your communication style when dealing with clients, contractors and colleagues?
Clients use less jargon and likely to have less knowledge, seek feedback
Contractor likely to be more adversarial relationship but ensure respectful, but stand ground
How would you structure a professional report?
Title
Contents
Executive summary
Introduction
Main body
Conclusion
Appendices
Health & Safety
Surveying Safely sets out guidance for occupational health. Can you identify the areas to which this provision applies?
-Assessing hazard/risks in workplace
-Occupational hygiene and health (eg stress, musculoskeletal, noises, asbestos, RSI)
-Visiting premises/sites eg checklist, site conditions
-Fire safety, risk
-procuring contractors, monitoring
-example audit template
Health & Safety
When is a project notifiable under CDM
Use an F10 form when:
-Scheduled longer than 30 days
-More than 20 workers or 500 person days
Health & Safety
What is RIDDOR?
Reporting of Injuries, Diseases and Dangerous Occurrences 2013 (RIDDOR)
-Requires employers to report and record specific work-related injuries, diseases, and dangerous occurrences.
-Report to Health & Safety Executive (HSE)
-Covers: work-related fatalities, reportable injuries, reportable diseases (carpal tunnel syndrome, tendonitis, occupational asthma), dangerous occurrences
Health & Safety
What is COSHH?
Control of Substances Hazardous to Health 2002 (COSHH)
–Require employers to assess and control risks from hazardous substances
Employers can do this with
-risk assessment
-procedures to prevent/control
-provide training
-monitor work/procedures, arrangements to deal with accidents/incidents/emergencies
-ensure containers are clearly labelled/identifiable.
-Can be substances directly in work activities (e.g., cleaning chemicals) or arising from the work (e.g., dusts, fumes, waste products.
-Excludes asbestos and lead which has own regulations
There is also
Dangerous Substances and Explosive Atmospheres Regulations (DSEAR)
Health & Safety
What obligations does legislation put on you
H&S at work act 1974
-Must take reasonable care not to put yourself or others at risk
-Follow training
-Don’t interfere or misuse
-Cooperate with employer’s arrangements.
Building safety act
-Cooperating with duty holders eg principal designer/contactor or client
-Have competence
-Report
Health & Safety
How does Lone Working operate?
Specifically defined by the Health & Safety Executive (HSE)
Those who work by themselves without close or direct supervision, eg: delivery drivers, security, cleaners, warehouses
Train them to:
-identify hazards
-use first aid equipment
-how to report
Employers have a Duty of Care to ensure their workers are ‘reasonably safe’ under H&S at work act
Health & Safety
What are Risk Assessment Method Statements?
-detailed document that outlines the step-by-step process for carrying out a specific task or project safely
-building upon a risk assessment.
Includes
-Hazard/risk
-Who it might harm
-Precautions already in place
-Further action/Control measures
-How it will be communicated
Purpose of CSCS?
Construction Skills Certification Scheme
-verifies training/qualifications of construction workers
-ensure workers have the appropriate skills/knowledge to perform their roles safely on sites.
-cards often a requirement to get on sites
What current challenges is Covid and/or Brexit bringing to Health & Safety?
Brexit
H&S At Work Act is UK led so won’t change, only change is EU references removed
Covid
-more concious on spread of infection
-Sites have had to adjust to social distancing,
-implementing new hygiene and personal protective equipment (PPE) eg masks
-accommodating a greater level of working from home roles
-Complications on what is ‘reasonably practicable’
Accounting
How is a cashflow forecast prepared?
-Identify current cash position
-Set forecasting period
-Predict future inflow (eg sales) and outflow (eg expenses) during this period
Subtract from each other to get either negative or positive net cash flow
Accounting
When should a balance sheet and profit and loss account be used?
**Balance sheet - assets and liabilities **
used to understand a company’s financial health and position at a specific point in time
Used for LIQUIDITY RATIOS (ability to turn assets into cash) that Measures ability to pay off SHORT TERM debts
And
GEARING RATIOS - measures amount borrowed against what it owns
Profit and loss statement - incomes and expenditures
-Legally required annually for financial account
-Used in management accounts to track financial performance
Used for PROFITABILITY RATIOS - performance in producing profit in relation to turnover (profit margin)
-Also Useful for preparing tax returns, forecast future performance,
Accounting
How would you assess the financial standing of a contractor?
-review their credit rating
-review cash flow statement to forecast how they will perform in future
-review financial statements (balance sheet, income statement
-produce gearing ratios and liquidity ratios
Accounting
What is GAAP?
-Generally Accepted Accounting Practice,
-set of accounting standards/practices to prepare financial statements
-governed by the Financial Reporting Council (FRC).
Accounting
How has Covid affected this?
Increase in Cloud accounting involves using online software to manage and process financial data, rather than storing it on local computers or servers.
Business Planning
How does your daily work reflect on Gleeds/TW business plan
Gleeds
-I work on key contracts with HS2 and Heathrow so good performance will benefit this key objective of retaining these
TW
-Contribute to turnaround plan to improve business resilience and reduce debt
Business Planning
What are the Gleeds business planning KPI’s?
-Increase infrastructure sales from £4.2 to £50 million by 2028
-Increase staff headcount by 15% by end of year
-Clients - increase proportion of revenue from top 20 clients to 45%, grow AWE account to £5m
-Maximise existing frameworks, have 22 x £1m+ Accounts and 5 x £5m+ accounts
-Finance: focus resources on the most profitable clients, visual dashboards of key financial KPIs/ project profitability analysis, clear identification/management of risks
-ESG: 1000 hours of volunteering, £20,000 raise by end of year
E.g this is Gleeds 1 year OPERATIONAL plan. Can have departmental ones e.g infrastructure to grow staff, retain NHS framework and large clients e.g HS2
What external factors beyond the control of the company would consider when constructing its business plan?
Political: eg government policies, political stability, regulations, trade restrictions, and tax policies.
Economic: economic growth, interest rates, inflation, unemployment, and disposable income.
Social: demographics, lifestyle trends, and consumer attitudes.
Technological: advancements, automation, and the impact of technology on the industry.
Legal: laws, regulations, and legal frameworks that affect business operations.
Environmental: sustainability issues, climate change, and resource availability.
Business Planning
What current challenges is Covid and/or Brexit bringing to Business Planning?
Brexit
Less labour from EU
Increased material costs
Tariffs
Disrupted supply chains (longer lead times)
Covid
Working from home - same productivity? Less office rental cost
decrease in demand during the pandemic
many domestic and commercial projects put on hold. Decrease in turnover
decrease in both planning applications and decision
Affected main contractors who work on site more than consultancies
General:
-All-in TPl more volatile/dependent on market conditions than GBCI due to:
-Contractor’s raising risk premiums due to market uncertainty
-Therefore aversion to single stage tenders
-More selective due to high demand for infrastructure contractors
-Inflation of materials highest since the 70’s
-Increase in labour cost (primary inflation driver) exacerbated by skilled worker shortage, especially in water/infrastructure with unsociable hours and uncertainty in news
-Lots of insolvencies since 2010 which increases inflation eg ISG went into administration.
-Performance bonds are becoming more challenging/expensive to obtain. This increases inflation and destabilises contractor supply chains.
-Shift towards sustainable materials which cost more
-As long as cost of borrowing remains elevated, construction output is likely to suffer continuing declines.
Business Planning
How has Gleeds addressed Covid and/or Brexit in its Business Planning?
Brexit
-Focus on assessing supply chain risks
-Updating market analysis
-Revising financial projections after tariffs/trade barriers and currency fluctuations
-New business model
Covid
-Hybrid working
-Ensuring productivity despite working from home
-Focus on ensuring effective stakeholder communication
-Change in buildings required eg less offices
-Focus on CSR to grow brand in difficult time for people
Conflict avoidance
What is the best way to avoid conflict?
-focus on clear, respectful communication
-understanding diverse perspectives
-prioritising collaboration over confrontation
-actively listening,
-recognizing when to step back, you can significantly reduce the likelihood of disagreements escalating
Conflict avoidance
How do you get unambiguous contracts?
-Standard forms
-Clear and precise language
-defining key terms.
-Use plain language, avoid jargon and legalistic terms
-ensure all parties understand contract’s meaning.
-Consider using a contract management platform to centralize the process and facilitate collaboration.
Conflict Avoidance
If you noted that there were ambiguities, what would you do?
If contract ambiguities are noted, the immediate steps are to clarify the other party’s understanding and attempt to agree on a revised interpretation or amendment
Conflict Avoidance
How does record keeping avoid conflict?
-Clear Documentation: detailed records of agreements, instructions, variations, etc ensures that there is a clear and verifiable record of what was agreed upon and what actions were taken eg CE’s facilitates collaboration
-Accurate records serve as strong evidence in case of disputes
-ensure that all parties are adhering to their contractual obligations and can demonstrate compliance if needed.
-Transparency and Accountability: making it easier to hold individuals accountable for their actions.
-Reduced Ambiguity: minimize ambiguity and avoid misunderstandings
-Facilitates Early Dispute Resolution:
easier to identify and resolve
Conflict Avoidance
How do you ensure cooperation?
-foster open communication
-set shared goals
-create a culture of mutual trust and respect.
-Encourage team building
-provide regular feedback,
-having a mechanism for conflict resolution.
Conflict Avoidance
What is ADR?
Alternative Dispute Resolution (ADR) are methods of resolving disputes outside of the traditional court system.
more flexible and often faster way to settle disagreements than going to court,
focusing on finding mutually acceptable solutions.
Eg mediation, arbitration, and ombudsman schemes.
Conflict Avoidance
Which ADR methods are binding?
-Adjudication
-Arbitration
Conflict Avoidance
Give me some examples of your good practice of conflict avoidance?
-Contractor disagreed on interpretation of a cut-out connection rate in the SoR
-I acknowledged there was a contractual ambiguity
-I kept records of different scenarios where it had been paid and where it hadn’t
-Was affecting contractor cash flow so I suggested payment on account based on percentage of non assessed costs
-Consulted with contractor to agree a new rate
-Could have argued and said that we don’t need to agree a new rate, but wanted to facilitate collaboration
Conflict Avoidance
Can you name the three pillars of dispute resolution?
Depending on formality
1 Negotiation;
2 Mediation (or third party intervention); 3 Adjudication/ Arbitration/ Litigation.
What current challenges is Covid and/or Brexit bringing to Conflict avoidance,
Brexit
-Claims due to delay in eg materials, lack of labour
-Relations/disputes with EU complicated more complicated due to different laws
Covid
-Many claims due to project delay - who has liability for a pandemic is force majeure. Many contractors
have invoked “Force Majeure” clauses, claiming relief from contractual obligations due to the pandemic.
Data Management
Difference between GDPR and DPA 2018
The UK GDPR, a version of the EU’s General Data Protection Regulation sets out the core principles and rights regarding personal data.
The DPA 2018 provides more detailed guidance, specific rules for the UK
Data Management
How does UK GDPR affect your working activities?
-Project data (TWEXNET or Gleeds Teams/Sharepoint folders) only accessible to those who need it/working on that project
-Customer personal data eg name and address is encrypted
-Lock my laptop when not there
-Ensure don’t let people into building without pass
-Follow employer training
-Mindful of who I share files with
Data Management
The seven principles covered in the Data Protection Act 2018?
-Processed lawfully, fairly, and transparently
-Only used for its specific purpose
-Only the necessary data
-Kept accurate and up to date
-Only kept as long as necessary
-Must be protected and made confidential
-Accountability for protecting it
These principles should lie at the heart of your approach to processing personal data.
Data Management
How do you equalise data from different sources?
BCIS location, time (inflation) factors
——-
-transforming data into a common format
-scale
-normalise
Allows for easier analysis and comparison
Data Management
What factor would you apply for a project from North East England to one in London?
BCIS
UK mean = 100
So North East could be 98 and London could be 120
Data Management
What are you considered as under the regulations?
Processor at work
Subject at work/life
Data Management
How does your in-house system comply with UK-GDPR?
-Data only retained as long as needed
-Only accessed by relevant people
-Develop a Data Retention Policy: to
determine how long payroll data will be kept, ensuring compliance with legal obligations and internal needs.
-Data Protection Audits to Regularly review data handling practices to identify and address potential vulnerabilities and non-compliance.
-Implement encryption and access control to safeguard sensitive data, eg in payroll where employee details are handled.
-Ensure Staff trained in GDPR requirements regarding data protection,
Diversity
How do different industries impact on teamwork?
-Teamwork is always important
-However possibly less so in industries of high technology and automation
-Construction is not this, and requires team whether you are on site or working on a project with colleagues or contractors or client
Diversity
How do you encourage teamwork?
-create a supportive environment
-foster clear communication
-celebrate successes
-define clear roles
-set achievable goals
-mutual respect
-trust
Diversity
How do you decide what skills are necessary to make up a team?
-Establish your objectives
-Learn from previous projects
-Audit your existing team
-Value all skills
Diversity
What is a strategic alliance?
formal agreement between two or more organizations to work together towards a shared objective, while each party maintains its independence.
formed to leverage each partner’s strengths, gain access to new markets, or develop new products or services
Diversity
How would you go about managing and underperforming team member?
-Identify the Root Cause by: talking to the employee and understand their needs
-Assess situation: Determine if the underperformance is due to a lack of skills, motivation, or other external factors.
-provide construction feedback
-Set clear expectations
-Offer support and resources:
-Consider a performance improvement plan (PIP):
Maintain open communication at all times
Diversity
How do you seek to bring out the best in your team?
-acknowledge good performance, APPRECIATION
-open communication
-understanding
-develop their skill sets
-be flexible
-establish trust
-exploit potential
Diversity
What factors would you consider when selecting a project team?
-Experience
-Skills
-Ability to work in a team
-Communication
-Enthusiasm/commitment
Diversity
What current challenges is Covid and/or Brexit bringing to Diversity, Inclusion and Teamworking?
Covid
-Working from home - lack of physical contact
Inclusive Environments
What disabilities might need special attention when designing or refurbishing premises?
Moto neurone - accessible bathrooms and adult changing facilities ‘Changing places campaign’
Physical disabilities eg in wheelchairs
Vision impairment - clear signage
Hearing impairment - minimise background noise
Inclusive Environments
How do you ensure that your projects meet high levels of inclusive design?
-Comply with building regulations
-Focus on accessibility
-Test design
-Research of what it would be like with different disabilities, eg from wheelchairs to neurodiversity to deafness
Inclusive Environments
Other buildings regs that influence inclusive environments?
Resistance to sound: document E
Overheating: document O
Electrical vehicles: part S
Inclusive Environments
What current challenges is Covid and Brexit bringing inclusive environments
Covid
More healthcare facilities required and therefore refurbishment of old buildings to meet current building regulations
More people working from home so reasonable adjustments provided by employer eg equipment
Sustainability
What is EPC?
-Energy Performance Certificate (EPC)
-document that assesses and rates a building’s energy efficiency, ranging from A (very efficient) to G (least efficient)
-provides information on a property’s energy usage, carbon dioxide (CO2) emissions
-required when selling, renting out a property. And for new constructions and when a building is modified in a way that affects its heating, air conditioning, or ventilation.
Sustainability
What is the role of the BRE?
-Building Research Establishment (BRE)
-leading global science, innovation, and data hub for the built environment.
-provides research, testing, certification, and standards
Sustainability
How are the requirements BREEAM, which itself is not a legally binding document, enforced?
-Often a requirement to achieve planning permission or a requirement of client
-often required for large commercial or public buildings
Sustainability
What steps do you taking your business activity to ensure that your company operates in a sustainable manner?
-Volunteering days based on environmental improvement eg landscaping and reducing surface runoff
-Encouraging the use of sustainable transport eg cycling
-Encouraging a paperless workplace and recycling
-Conserving energy in the workplace.
Sustainability
How do you balance the economic, social and environmental impacts?
-benefit environment and economic by Investing in research and development of environmentally friendly technologies that can drive economic growth.
-benefit economic by together across different sectors (government, businesses, civil society) to achieve shared sustainability goals.
-benefit social by engaging: different stakeholders in the decision-making process to ensure that their interests and concerns are considered.
Sustainability
Is the Code for Sustainable Homes still a requirement
No
Has been replaced and incorporated into Building Regulations
Sustainability
What are the levels for BREEAM? How are they achieved?
Unclassified, Pass, Good, Very Good, Excellent
Achieved through:
-Assessment of projects across categories: including energy, water, materials, waste, land use, transport, and health & wellbeing.
-Scoring System for meeting criteria with weighted scores to produce a final rating
-Can earn additional credits for innovative technologies, designs,
Sustainability
What building regulations govern sustainability?
Approved Document L: Conservation of fuel and power
-sets out requirements for specific aspects of building design and construction.
-Eg a building shall not exceed the target CO2 emission rate for the building
-Eg a building shall limit heat losses and has information provided so that the building can be operated efficiently.
——-
Part F: Ventilation
-Buildings to be airtight to reduce energy wastage, but need sufficient ventilation to prevent overheating and make air comfortable.
-Minimum airflow in bedrooms
-Minimum background (natural) ventilation
-Requirement for new homes to produce around 30% less CO2 than current standards and a 27% reduction of emissions from other new buildings, including offices and shops.
Sustainability
What current challenges is Covid and/or Brexit bringing to Sustainability?
Covid
Harder to get materials
More working from home so focus on domestic energy usage
Increase in off site manufacturing
Increase power needed for data centres/AI
Brexit
Increased cost in materials and labour
So increased focus on locally sourced materials
What is Tort law?
Compensating individuals for their losses from ‘civil wrongs’ against them eg negligence like a shop owner not warning of a slippery floor
Compensation could be loss of wages, medical costs
Not criminal law
Health and safety
Hazards working on site
-working at height
-open excavations
-hazardous materials
-large machinery
-Striking utility cables
Health and safety
Key parties in CDM
client
principal designer
principal contractor
designer
contractor
Health and safety executive
Inclusive environments
What is part m of building regs
Access and use of buildings
Sustainability
How as a QS can you contribute to BREEAM credits?
-Elemental Life Cycle Cost Plan
-Component Life Cycle Cost Plan
-Capital Cost Reporting
-Stakeholder consultation
-Zero carbon feasibility study
