MC Technical Flashcards
Can you talk me through the timeframes involved in an adjudication?
- Referring party must service notice of the intention to refer to adjudication
- Within 7 days of issuing notice, they must appoint an adjudicator and issue a referral notice
- There is no statutory requirment for the responding party to respond, however this is usually required and done within 7 days of the referral notice at the discretion on the adjudicator
- The adjudicator has 28 days to reach a decision from the date the referral notice was served, this can be extended to 42 days if the referring party agrees
Regarding the adjudication on Cork Street, talk me through you preparation.
The initial adjudication was in relation to extension of time granted by the contract administrator.
Initially reviewed the referral notice, including the documentation provided.
Examined the delay events claimed in conjunction with what was awarded in contract for discrepencies.
Compiled project communications and documents to support our position and in some cases acknowledge valid points raised by the contractor.
The adjudication specialist further requested backup information for contractor delay events they had identified.
Reviewed the contract documents to help substantiate our position on the delay events.
What were some of the key documents used/referred to during the process?
- Design informaiton issued at contract
- Agreed contractor programme
- Contract instructions / drawing revisions
- Written communications, including emails and meeting minutes
Was the decision of the adjudicator binding?
Yes, the decision of the adjudicator is binding in an adjudication process, unless overturned by arbitration or litigation.
Can you name some types of building foundations?
Strip foundations
Pad foundations
Raft foundations (RC slab)
Piled foundations (mirco, tension, sheet, seacant)
What is underpinning and why might it be used?
Underpinning is a method of strengthening existing foundations
It is often used when existing foundations are undergoing settlement or erosion, to accomodate adjacent buildings, to extend the depth of a building (basement) ro to increase the load of an existing foundation.
In what situations might you consider piled foundations?
Where the structure is heavy and the underlying soil is weak
In areas where settlement issues are common
High water table
Loads of the strucutre are nto uniform
Presence of horizontal forces
What do you know about basements?
Types:
Grade 1: Basic Utility
Grade 2: Better Utility (Drier envirnment)
Grade 3: Habitabal (Watertight and ventilated)
Waterproofing:
Barrier
Structural
Drainage
Can you explain what a top down basement construction is?
On Bishopsgate house this involved building:
1. Seacant piles to form the retaining walls of the basement and bored piles at intervals.
2. The ground floor slab was then cast in conjunction with the pile caps before excavation took place.
3. The building was then excavated within the perimeter piles and under the gorund floor slab.
4. Lower level slab was the last item to be cast.
Can you name some of documents that form part of the building regulations?
- Approved document A - Structure
- Approved document D - Toxic substances
- Approved document E - Resistance to the passage of sound
- Approved document L - Conservation of Fuel and Power (2nr volumes, dwellings and building other than dwellings)
- Approved document M - Access ato and use of buildings (2nr volumes, dwellings and building other than dwellings)
- Approved document P - Electrical safety
Can you talk me through some fo the adv and dis of concrete v steel frames?
Steel
- Faster to erect
- Recyclable
- High strength to wieght ratio
- Long span of beams
x Lower load bearing capacity
x Fire protection might be required
x Price volatility
x Poorer acoustic and thermal properties
Concrete
- Fire protection
- Cladding can be fixed directly
- Good sound and heat insulation
- High compressive strength
x Requires formwork
x Slower to construct in-situ, also long curing time and weather dependant
x Requires a bulky structure
x Lower horizontal span compared to steel
Can you name some different types of roof structures?
Gable Roof - Sloping downwards in two parts at an angle from a central ridge
Hipped Roof - A roof that slopes upward from all sides of the structure, having no vertical ends
Mansard Roof - Steep front face pitch with a shallow or flat roof on top
Why was an acoustic enclosure required on your project at Albion Street?
It was a planning approval condition that had to be discharged.
The design involved several condensing units located on the roof which needed to be surpressed to avoid noise nuisence to the eventual and surrounding residents of the building.
How did you benchmark the acoustic enclosure costs on Albion Street?
The cost for this item was capturing as a defined PS in the contract.
When this was presented by the contractor to be a fixed cost, initally I used internal OCE, PTE and Tender data to assess the reasonableness of the cost at a high level, noting the bespoke nature of the item meant like for like caomparisons were difficult.
It was established the costs presented were well above any market data we had so as well as asking the contractir to seek alternative costs, I used the design information that we had to seek direct quotes from 3nr other suppliers.
This allowed a more like for like comparison and could be assessed on a more elemental basis, including things like, carriage, plant support system and the enclosure itself
What are some of the cost elements of internal partitions?
- Timber/Metal frames/studs
- Insulation
- Ply/plasterboard layers
- Tanking/waterproof layer
- Labour
What is approved document E? How does this effect walls and partitions?
Resistance to the passage of sound
Outlines the minimum sound resistance of internal walls and partitions
Differing levels dependant on the function of the wall ir seperating two dwellings, sperating rooms withn the same dwelling, seperating bathrooms etc
What were the types of foundations used on View Road, how did you cost these?
View Road is a new build development where the existing house, and foundations were demolished in the first instance.
It had a mix of foundation types to suit the structure above and in consideration of the levels and proximity to adjacent properties which was very close to the site boundary
Strip foundations, pad foundations and raft foundations were used in various locations. Part of this startegy was dictated by the inclusion of a car garage as part of this scheme, retaining walls were also specified to help faciliate the levels of the existing site which sloped across the property.
What are some cost considerations of a steel frame construction?
- Cost of steel itself
- Size of steel columns and beams proposed, length and weight
- Site conditions and access
- Number of connections required / design complexity
- Fire protection required
Talk me through your analysis and advice on the ASHP solutions at Bishopsgate House
ASHP were initially explored as an option as the client raised concerns of the ongoing costs required to heat the building.
This helped inform the basis of the client’s requirements, with the life cycle cost holding a higher importance than the inital up front cost.
We already had an agreed cost for a gas boiler system which was used as the basis for comparison, this required an initial analysis to isolate the elements that would no longer be required in lieu of ASHP’s.
The contractor had provided an alternative cost for an ASHP system, incl a detailed breakdown of plant and equipment required.
Also had to consider location of services which was an additional E/O cost.
Decision was required quickly in order for works to progress, so life cycle analysis was intially carried out based on the contractors submitted costs.
This involved approaching appointed consultants for specialist input beyond my own scope to analysis the required running outputs of the building. I was then able to use this information to assess a payback period for the additional investment required for ASHP’s.
This ended up being 3.7 years with savings of £65k/year thereafter and as the building was intended to be the client’s long term residence, I advised the client the ASHP’s were the best option, noting final costs were to be agreed.
What is life cycle cost?
A combination of upfront capital costs, operational costs, maintance costs, replacement costs and disposal costs
What is a payback period and what was the payback period on Bishopsgate House?
The length of time required for an investment to recover its initial outlay in terms of profits or savings
The payback period for the ASHP investment on Bishopsgate House was 3.7 years with savings of £65k/year thereafter
What are the mian differences between JCT and NEC contracts?
NEC contracts are generally more flexible
NEC contracts have more pricing options
NEC contracts generally have a more collaborative approach
JCT contracts focus more on risk alloacation and defining roles
Generally, JCT contracts are more suited to building works while NEC are used for engineering projects
What are the insurance requirements of a JCT contract?
Employer’s Libaility Insurance
Public Liability Insurance
Insurance of the works and existing structures (Option A, B & C)
Professional Indemnity Insurance
What are some key timeframes to consider as part of an extension of time claim?
- Has a relevent event occured?
- If so, has the contractor notified the CA/EA/Client in good time?
STandard JCT implies this must be immediate “forthwith”. Important to check for wording in any amendments as this iscommon. - CA/EA generally has 12 weeks to decide on any extension of time claims, suitably substantiated
How do you certify works in accordance with the contract?
- Make a fair and reasonable assessment of work complete as at the valuation date
- Include for any materials on site
- Include for any agreed off site payments properly substantiated
- Include for any agreed contract adjustments as applicible, ie variations, provisional sum expenditure, loss and expense
- Include for any deductions, such as retention
To achieve this:
- Conduct a site visit
- Provide a basis of assessment for review and agreement with the contractor (ideally)
- Raise a payment recommendation to the CA with the agreed amount
- Payment Certificate must be issued with a basis of assessment no later than 5 days after the due date, the due date is 7 days after the valuation date
How is change control managed and instructed
- A change is proposed (can be from any stakeholder)
- Proposed change is reviewed and reported on for approval by the relevant party
- A decision is made and recorded
- The change is then instructed (If withn the contract, this is in writing by means of an instruction from the contract administrator)
- Proposed change is then carried out
What are some of the timeframes surrounding contract instructions?
- Once a change has been identified and approved, it should be instructed as soon as reasonably possible.
- Verbal instructions have no immedaite effect but a Contractor should confirm its terms in writing within 7 days.
- Once submitted by the Contractor, unless the CA should disapprove in writing within 7 days from issue, the instruction is deemed to take effect at the end of the 7 day period.
- If confirmed by the CA before 7 days, the instruction takes effect from date of confirmation.
- Works carried out without an instruction can be retrospectively instructed anytime before the issue of the final certificate
What are the main forms of building contracts?
- JCT (Joint Contracts Tribunal)
- NEC (New Engineering Contract)
- FIDIC ( International Federation of Consulting Engineers)
- Bespoke Contracts
What are some of the different types of JCT contract?
- Standard Building Contract
- Intermediate Building Contract
- Minor Works Building Contract
- Design and Build Contract
What are the main changes from the JCT 2016 and 2024 suite of contracts?
- Gender neutral language
- Introduction of e-mail address to serve notices
- Updates in relation to the Building Safety Act 2022
- Updates to relevant events and relevant matters
- Sustainability and collaborative working now integrated not supplemental
What is the purpose of a contract?
- A contract provides a legally binding agreement between two parties which also sets out each parties obligations.
- It provides comfort for both parties that an agreement will be honoured and legal recourse if it is not.
- Ideally, it should also set clear roles, rules and responsabilities for each party which dictate activities and allocate risk to avoid any possible future disputes
What are contracts amended?
Standard forms of contract, while detailed and comprehensive can not always capture every possible project/client/contractor situation. Amendments can clarify any ambiguities specifically related to a standard form contract and the individual project.
Contracts may be amended by the clietn to re-alloacte risk.
May be amended to capture bespoke agreements made between the two parties.
What are the principles of forming a contract?
Offer
Acceptance
Consideration
Capacity and Competence
Intent
What are the differences between a JCT standard and D&B contract
- D&B contracts are more detailed so there is no confusion over the contractors’s obligations
- Greater focus on contractors design as this is naturally highger in a D&B contract
- Monthly payment timeframes can change depending on the contractors payment application date
What documetns are generally included with a contract?
- The contract itself
- Any amendments
- Contract sum analysis / BOQ
- Appendix information noted in the contract (Design information, employers requirements, contractor designed portion and analysis)
- Statutory information (Planning apporval, LTA’s, PCI, PWA’s)
What is the purpose of a Letter of Intent?
It is used to indicate the employer’s intention to enter a formal written contract for the works described. Generally, there are three types:
- Comfort letter
- Instruction to proceed with consent to spend
- Recognition of contract
What type of information should a letter of intent include?
Detailed description of work (The works and initial work if required)
Contract sum (if agreed)
Date for possession and completion
Insurance requirements
Method of payment
Expiration date
Would typically state the employers right not to proceed to contract
What is the difference between a ‘Letter of Intent’ and a ‘Pre Construction Services Agreement’?
An LOI is a temporary placeholder for a formal building contract, while a PCSA is a stand-alone agreement for a specific scope of work.
An LOI is used to start works which would then be incorporated into the building contract.
A PCSA agreement is seperate to the works under the building contract where the contractor is enagged on a consultant basis.
What informaiton is included within the contract particulars?
Pricing Option
Employer CIS status
Supplemental provision application
Employers Requirements
Contractors Proposals
Key dates (Base, Completion, Possession)
Liquidated Damages
Rectification Period
Fluctuations
Advance Payments
Insurance
Who calculates LD’s
The employer should calculate an appropriate rate of LD’s specific to thier situation.
This should consider the cost of finance/borrowing, loss of earnings, rental accomodation, professional and legal fees etc
It should nto be construed as a penalty, as if so it may not be enforceable.
How are materials off site valued?
In accordance with the contract including any amendments but in essence i would consider:
- Requesting a vesting certificate
- Check the materials are appropriately insured
- Check the materials are appropriately labelled with reference to the project and set aside (if possible this should be done in person)
- Request a matrials off-site bond if appropriate
What is the purpose of retention?
It is used as an assurance of project completion and is intended as a safeguard against subsequent defects that the contractor may fail to remedy.
Are there any alternative options to holding retention?
It is possible to procure a retention bond to cover the retention that would otherwise have been deducted
Talk me through your review and advice on the contract amendments proposed for View Road?
Ground discovery
The proposed transferred all the risk to the contractor
Reasonable to push back on this
Risk was low as excavation was limited to foundations. No LGF levels
The cost implication of retaining outwieghed the risk of excluding
Fluctuations
Inflationary risk was assumed to have been priced already
Preferred contractor on cost, the flucuations proposed materially changed their tendered return
The client was open to including, negotiated the proposal down, based on cost substantiation and rate of inflation
How are fluctuations calculated?
The base date is used as a reference point
Adjustments can be made to labour and/or materials, usually by reference to a published price index
- Opt A: Based on changes to tax and levies
- Opt B: Based on changes to market rates
- Opt C: Based on pre determined formulas
Contractor must submit fluctuation request and calculations
Must be agreed with the QS or CA
Profit should nto be added to any agreed fluctuations
Retention should nto be deducted from any agreed fluctuations
What contract did you advise for Albion Street and Why? Were any other options considered?
JCT Standard Building Contract w/o quantities
The project was large in nature and involved a wide range of specialist trades.
There were elements of CDP required
An intermediate contract was also considered but due to the specification of a pool, steam room, lift and specialist AV/IT the standard building contract was considered more appropriate
What is the purpose of CDP?
CDP transfers the design responsability of pre determined packages to the contractor based on a performance specification.
Used for packages to transfer risk and gain buildability input from specialist subcontractors.
How are CDP packages managed?
A perfomance specification is provided by the client at tender stage
The contractor then provides a design proposal
The proposed design goes through an approval process with the client appointed design team
Proposals are then accepted, commented on or rejected
Can you provide some examples of typical CDP packages?
Steelwork connections
Cladding
Roofing
Temporary works
MEP elements
How are LD’s deducted
This is done via a pay less notice issued by the client. The following must also be done in advance of issuing the pay less notice:
- Certificate of non completion issued
- Notification of entitlement to deduct LD’s
- Formal notification to the contractor of the intention to levy the LD’s
- Then a pay less notice can be served in conjunction with the contract timeframes to withold, deduct or repay the calculated amount.
WHat is the RIBA plan of works?
The RIBA Plan of Work organises the process of briefing, designing, delivering, maintaining, operating and using a building into eight stages
0 - Stategic Definition
1 - Preparation & Briefing
2 - Concept Design
3 - Spatial Coordination
4 - Technical Design
5 - Manufacture and Construciton
6 - Handover
7 - Use
How does the RIBA plan fo works relate to quantity surveying
Stage 1-2: OCE
Stage 2-3: Cost Plans
Stage 4: PTE
How is GIA calculated
- The internal area of each floor level to the inside face of the perimeter walls.
- Open sided covered areas should be noted seperately
- Any area with a height og less than 1.5m excluded (unless under stairs)
- Voids excluded.
What is the difference between GIA and NIA?
NIA refers to the useable space of the building and excludes structural elements and communal areas, such as walls, corridors, and staircases
How do you becnhmark rates?
Produce a clear document that shows the rates being benchmarked side-by side with relevant cost data (past projects, market rates, BCIS or similar)
Making adjustments as required to ensure a like for like analysis (location, inflation, volume etc)
How can feasibility costs be shown?
Usually shown as a rate or functional rate per square metre.
How do you build up a rate?
This will vary depending on what is being costed but things to consider include:
- Materials required
- Labour
- Logistics
- Subcontractor OH&P/Prelims
- Inflationary considerations if appropraite
- Contractor OH&P
What is lifecycle costing?
LCC is an objective method for measuring and managing the lifetime costs of any project or assest.
In construciton it enables design options to be compared froma lifetime perspective with a view to reducing overall costs associated with owning/operating a building/asset
Whta is TPI
Tender Price Indices:
They measure the movement in tender prices.
The BCIS TPI is currently 2.1%
This is dictated by the compilation of tender returns on a quarterly basis in comparison to previous data.
How do you adjust historic rates/costs
Adjust for:
Time (inflation)
Location
Technology
On Coach house, how did you prepare your PTE?
- Ananlysed the design informaiton
- Scheduled out the works
- Measured the works
- Sent out market enquires
- Applied rates based on market data and historical data
- Consultanted the design team on queries/intent
- Scheduled out any assumptions, exclusions and PS’s
- Internal QA procedure
