Mock 2 Flashcards
What was your connection to the basebuild project?
I was engaged to undertake the fit-out works by my client and additionally to agree landlord contributions from the basebuild project
You mention in your lessons learnt; you would make more visits to the basebuild works – Was that part of your brief? Why would you suggest you would do something that was not part of your brief? Why would you do something if you’re not getting paid for it?
My brief for this project did not include visiting the basebuild works, however on future projects I would ensure the Project Manager has scope within their fee to monitor the basebuild progress in more detail
What is the difference between defined and undefined provisional sums?
Whether the Contractor should allow for the works within their programme
Defined = described in sufficient detail that the contractor is expected to have made allowance for them in their programming, planning, and pricing preliminaries
Undefined = less well described as they refer to work which is not completely designed. As such, the contractor cannot be expected to make allowance for them in their programming, planning, and pricing preliminaries. This means the contractor may be entitled to an extension of time and/or additional payments when the actual works are undertaken.
Deferment of possession – what did the main contractor have to do in relation to that delay?
Notice of Delay - The Contractor shall notify the Employer as soon as the likely effect of a Relevant Matter on regular progress or the likely nature and extent of any loss and/or expense arising from a deferment of possession becomes (or should have become) reasonably apparent to him
Was the contractor entitled to any money & how was that calculated?
Loss & Expense – calculated by using rates from their prelims
– Prolongation Costs
– Finance Charges
– Disruption
– Cost of compiling claim
What information did you request from the contractor for additional prelims?
Breakdown of their time-related prelim costs & OH&P
What do you call that money owed to the contractor as a result of deferment of possession?
Loss & Expense
Is that how loss & expense works, you pay them the figures within the contract?
It should be their direct loss & expense; however, this can be difficult to prove, therefore, I agreed with the client and contractor to utilise the rates within the tender documents
Did you pay them their actual loss or rates from the CSA?
I agreed between the contractor and client to use rates from CSA
Are they allowed to give you peoples payslips?
Difficulties relating to GDPR
Partial Possession – what are the benefits of Partial Possession from client’s perspective?
Early use of the space
You mention an option for considering additional funding. What were the reasons you didn’t do that?
One of the key client drivers was cost, therefore the more viable solution was to consider a Value Engineering exercise
There was a significant overspend from CSA to FA, how did you monitor that?
I monitored this by issuing monthly cost reports on the project + change control procedures in place
What are some of the certificates the CA is responsible for issuing?
a. Practical Completion Certificate
b. Non-Completion Certificate
c. Valuation Certificates
d. Making Good Defects Certificate
What the consequence of a non-completion certificate?
Liquidated Damages may apply
You mention one of the VE options was an alternative programme. Can you explain what you looked at in relation to that?
As part of the tender process, I provided each tenderer the opportunity to offer an alternative programme if they thought they could provide a betterment or if the contract programme was not long enough. The appointed contractor offered a 2-week betterment of the programme, which was then instructed.
What are the benefits of the contractor of doing it two weeks quicker?
a. Save costs on prelims
b. Opportunity to complete the project and move onto another project sooner
What research did you do in relation to the alternative glazed partition supplier VE?
I reviewed the commercial impact from a cost and programme perspective
What was the outcome in relation to the glazed partitioning VE option?
Went with an alternative manufacturer which provided a £20k saving
What was the importance of the decibel ratings of these partitions?
Client was a law firm, where confidential conversations take place, therefore requirement for a high acoustically performing design
How does management contracting work?
i. Employer appoints a Management Contractor, and the Management Contractor then appoints the trades direct, through a number of works contracts
ii. Management Contractor’s remuneration is based on the cost of the works packages plus agreed fees (to cover the Management Contractor’s overheads and off-site activities)
How does construction management work?
Employer appoints separate trade contracts to carry out the works, and a construction manager to oversee the completion of the works for a fee.
What is the difference between management contracting and construction management?
Employer has a direct relationship with the sub-contractors under construction management and appoint someone to manage the project. Whereas, management contracting, the relationship is with the contractor who appoints the sub-contractors
ASOS – What was included within the tender information?
i. An invitation to tender letter
ii. The form of tender or ‘tender submission’
iii. Preliminary documents and information around pre-construction and site management
iv. Contracts and contract conditions
v. A tender pricing and specs document
vi. Design drawings and project specs
vii. Tender return form
What is a pre-construction information plan + who produces that?
Document which provides the information already in the Client’s possession, or which is reasonably obtainable, to relevant CDM Duty Holders, such as Designer(s), Contractor, or Principal Contractor
- Produced by Principal Designer
What is the content included within a pre-construction information plan?
i. Description of the project
1. Programme dates, details of client/designers
ii. Client’s considerations and management requirements
1. Security of the site
2. Welfare provisions
3. Traffic management
iii. Environmental restrictions and existing on-site risks
1. Site boundaries
2. Asbestos
iv. Significant design and construction hazards
1. Materials requiring particular precautions
v. The health and safety file
1. Description of the required format and any conditions relating to its content
ASOS - Negotiated with the phase 2 contractor – what were those reasons?
i. Exiting contractor relationship
ii. Ability to re-use rates from previous phase
iii. Contractor had knowledge of the building/lessons learnt
KN – Why did you advise single stage traditional tender?
i. Cost certainty
ii. Client retains control of the design
iii. Competitive pricing
iv. Sufficient time in the programme to enable this option
What is an Air Handling Unit in simple terms?
Piece of plant, which provide filtered/fresh air into a building
What are the benefits of an AHU?
Provides a more comfortable working environment for occupiers
Patrizia – Concealed cistern behind drywall – what is the disadvantage?
Difficult from a maintenance perspective
What are the benefits of an Integrated Plumbing System (IPS)?
i. More aesthetically pleasing
ii. Easy to access for maintenance
What is a Variable refrigerant volume system?
Type of air conditioning system which provide heating and cooling to an internal space
What is the BCIS?
i. Building Cost Information Service of the Royal Institution of Chartered Surveyors (RICS). It is described by RICS as ‘the leading provider of cost and price information to the construction industry and anyone else who needs comprehensive, accurate and independent data
How do they get their cost and price information?
By customers submitting data of recent cost and tender returns
Economist – What research did you do to establish lead times of materials as a risk?
During the pre-construction stages, I would call the suppliers and request lead in times
How did you integrate this into the risk register?
I discussed this at meetings and on the Smartsheet tracker and allocated this risk to the appropriate person (designer) to consider when selecting products
Festival House – TPI – what did you do to factor this into cost plan?
I applied the tender price index as a % to my cost plan
Did you include any caveats with this?
I caveated this by confirming the dates that this was based on and from what source
Artwork – Tell me the way you communicated as a team with the artwork consultant. How did you get that information?
I set up regular monthly meetings to monitor the latest design and costings
Cubico – What was the change control procedure?
i. Any change to the ER’s over £10k to be approved at board level
ii. Implemented change control forms for approval by employer’s representative
What does NRM1 relate to?
New Rules of Measurement 1 – Order of cost estimating and cost planning for capital building works
Final Account Procedures Guidance Note – Tell me one thing you learnt from reading this document?
Ensure all contract instructions have been accounted for (i.e. expenditure of all provisional sums)
KN – Tender Analysis – How did you deal with errors within tender submissions
I identified them during the tender analysis and produced a post-tender Q&A document for each tenderer. I then gave them the opportunity to stand by their rate or correct the rate
JCT Standard Building Contract – What reason can a JCT be terminated?
i. failure to “proceed regularly and diligently with the performance of his obligations”, thereby entitling the employer to give notice of default and subsequently terminate
ii. Contractor goes into liquidation
ASOS P3 – Can you name me one of the CDP packages under these works?
Co-ordination of services
Why was co-ordination of services CDP?
The co-ordination of service wasn’t completed at point of tender, therefore this element of design was passed onto the contractor
What is the risk to the client of CDP items?
Client loses control of the design element
KN – Procurement Route Report – What information did you need to collate this report?
Key client drivers
1. Cost
2. Quality
3. Time
4. Risk
ASOS – Collateral Warranty – what could happen if there wasn’t a collateral warranty in place. Are there any other fallback positions?
Third Party Rights Act
What are the benefits of a Collateral Warranty from a client perspective?
Provides a contractual agreement with a third party, which otherwise would not have been there
What is the QS role in arranging a collateral warranty?
Prepared by the solicitor/lawyer. QS role is to monitor/ensure the contractor provides the warranties
What is the difference between life cycle costing and whole life cycle costing?
- Life cycle cost is specific to one product of the building
- Whole life cycle costing of complete building
Festival House P2 – What was the content of development appraisal?
i. GDV – input costs - fixed land cost = profit metric
ii. Build costs, professional fees, planning fees, marketing fees
What are the payment milestones within a JCT Contract?
i. Contractor to submit application up to 7 days prior to due date
ii. 5 days after the due date – CA to issue payment notice/certificate
iii. 14 days after due date – payment to be made
iv. 5 days prior to payment date – pay less notice must be issued
What notices are involved within this process?
i. Payment Notice
ii. Payless Notice
D&B – What are the Employer’s Requirements
Provide a description of the client’s requirements, including the specification for the building, the scope of services required from the contractor and an allocation of risk for unknown items
What are Contractors Proposals?
Contractor’s proposals are then prepared in response to the employer’s requirements. These present the contractor’s suggested approach for designing and constructing the building, along with their price
What happens if there is a discrepancy between the CP’s & ER’s?
The Employer is responsible for the cost of rectification; the Employer decides how the discrepancy is dealt with and such decision is treated as a Change
What are the dangers of using a Letter of Intent?
Not legally binding
ASOS P3 – How did you prepare for the negotiation of the tender?
Issued the relevant tender information to the contractor, who then returned their bid. I then reviewed the quantities and rates before agreeing the Contract Sum
What are some of the benefits of using graphs?
Summarise large amounts of data into a simple graph
MS Teams & F2F Meeting – what are the benefits of a F2F meeting?
i. More productive & less distractions
ii. Improved communication + collaboration
What is the headline reason for the Health & Safety at Work Act?
Act of parliament that sets out the management of health and safety in the workplace
What is a F10 under the CDM Regulations?
Notification of a construction project to the HSE
KN – What is the agenda of a site induction?
i. Senior management commitment to health and safety;
ii. Outline of the project;
iii. Management of the project;
iv. First-aid arrangements;
v. Accident and incident reporting arrangements;
vi. Arrangements for briefing workers on an ongoing basis, e.g. toolbox talks;
vii. Arrangements for consulting the workforce on health and safety matters;
viii. Individual worker’s responsibility for health and safety
What is the purpose of a profit and loss statement?
Shows the revenue and losses of a business over a given period of time. More specifically, it shows the net profit or loss your business has made within an accounting period after deducting all expenditure from the income
What is an operation business plan?
Outlines the activities and targets which the organisation will carry out in order to work towards achieving the aims and objectives set out in the strategic plan. It provides the framework for an organisation’s day-to-day operations
How does the JCT deal with negotiation?
Nominee for the employer + contractor written into the JCT
Tell me some of the advantages of mediation?
i. Quick & Cheap
ii. Other options available if solution can’t be reached
Tell me how mediation works?
The parties agree on an independent, third-party neutral system to facilitate discussions between them, with the goal of reaching a settlement. The power to settle remains with the parties, but the process is led by the mediator
What happens at the end of arbitration?
Arbitrator issues the Award
What does the arbitrators award say/mean?
A formal document setting out an arbitral tribunal’s decision
What are the three pillars of dispute resolution?
i. Negotiation
ii. Mediation
iii. Adjudication
Can you opt out of adjudication?
No. Backed by the Construction Act 1996
Can you opt out of arbitration?
Yes
What do you know about the importance of storing project information?
In relation to GDPR (May 2018), act gives greater protection and rights to individuals
Why does a diverse team create & achieve more?
i. Increased Creativity
ii. Boosts Productivity
iii. Various Perspectives
iv. Improved Innovation
v. Faster Problem Solving
vi. Improved Decision Making
vii. Reduced Employee Turnover
viii. Helpful Language Skills
What does Approved Document M relate to?
Access to and use of buildings
What is the outcome if a local council does not comply with the Equality Act?
Employers who do not comply with the publication requirements could face civil enforcement procedures or be liable for a criminal offence, punishable by a fine of up to £5,000
Succinctly tell me what a site waste management plan is and works?
i. Required on any project over £300k, sets out how resources will be managed, and waste controlled at all stages during a construction project.
ii. Who will be responsible for resource management
iii. What types of waste will be generated
iv. How the waste will be managed – will it be reduced, reused, or recycled
v. Which contractors will be used to ensure the waste is correctly recycled or disposed of responsibly and legally
vi. How the quantity of waste generated by the project will be measured
What happens to plasterboard once it leaves site?
landfills for non-hazardous waste
High profile football match invite – What did you do?
Politely decline, as this could constitute a bribe and could be used against me in the future tenders to influence a decision
How does the APC CPD policy differ to chartered surveyors?
i. APC – 48 hours annually (24 formal + 24 informal)
ii. MRICS – 20 hours annually (10 formal + 10 informal)
How is CPD categorised?
Formal & Informal
How can you find out if CPD is formal or informal?
RICS CPD Decision Tree
How are premiums calculated for professional indemnity insurance?
Calculated on a firm’s turnover
What are some of the red flag indicators in relation to money laundering?
i. Evasive/secretive client
ii. Client with criminal associations
iii. Someone who wants to make large cash payments
How would you set up your own RICS regulated firm?
i. Email application to the RICS in accordance with the Rules for Registration
ii. State if I were to handle client money
iii. Tell RICS the service I would offer
iv. Have professional indemnity insurance and run off cover
v. Have a complains handling procedure in place
vi. Nominate a contact officer
vii. Ensure a minimum of 25% of the firms principals are MRICS
A client arrives at your office with £20k in cash to pay an invoice. What would you do?
Decline. Max amount in cash that can be accepted is 10,000 euros
If a client wants to pay your fees in full while they go away for a year. How would you deal with that?
i. I would notify the RICS
ii. Set up a separate bank account with the word client and their details
iii. Ensure the account only holds client money
iv. Agree how often money would be drawn down
v. Inform the client prior to drawing down money
vi. Send a reconciliation of the account after the money has been drawn down
vii. Once the works are completed, send any remaining monies back to the client promptly
Who would you need to inform if you were handling clients’ money?
RICS
What information does an RICS regulated firm have to provide in their annual return?
i. Type of business and staffing details
ii. Statutory regulated activities, such as for financial services
iii. Nature of clients
iv. CHP + record
v. PII certificate
vi. Whether holding client money
In relation to running your own RICS regulated firm, I would like you to do a survey on cracked walls. What are you going to say?
Politely decline as this is outside of my expertise and would not be covered by my PII. I would recommend they use the “find a surveyor” tool on the RICS website
Relative asks you for some free advice on their extension. What would you do?
Say no – I would not be covered by my PII + also conflict of interest. I would recommend they use the “Find a Surveyor” tool on the RICS website
What would you do if you were arrested and charged with a crime?
Notify the RICS
What are the five RICS rules?
i. Respect – Treat others with respect
ii. Responsibility – Take responsibility for my actions
iii. Integrity – Be honest and act with integrity
iv. Competency - maintain their professional competence
v. Service – Provide good quality and due diligent service