Mock queries

Question 1

Difference between Relevant Event and Relevant Matter?

Answer 1

Relevant Event:
A relevant event is an event that causes a delay to the completion date, which is caused by the client, or a neutral event not caused by either party. Relevant events may entitle the contractor to claim an extension of time. They cannot claim for loss and expense.

These might include:

• Exceptionally adverse weather.
• Force majeure
• Pandemic

Relevant Matter:
A relevant matter is a matter for which the client is responsible that materially effects the progress of the works. This enables the contractor to claim an EoT and direct loss/expense that has been incurred.

These might include:

• Failure to give the contractor possession of the site.
• Opening up works or testing works that then prove to have been carried out in accordance with the contract.

Question 2

How do you appoint a third party wall surveyor?

Answer 2

Pre-agreed between the surveyors when a dispute arises.

Question 3

How is public liability insurance calculated?

Answer 3

based on type of works which are to be executed, needs to be proportionate.

Question 4

Whats the importance of a vapor control layer?

Answer 4

Controls interstitial condensation.

Question 5

How do you test dampness within masonry?

Answer 5

Speedy carbide test.

Question 6

Why is it good to keep audit trails of decisions made etc?

Answer 6

To provide transparency in the event of a dispute.

Question 7

Who calculates liquidated damages?

Answer 7

The client calculates the damages at the CA’s guidance.

Question 8

Is the Section 6 notice 3m/6m away from the boundary or the foundation?

Answer 8

The foundation (i.e. look at the wall)

Question 9

If your client wanted to get works on site early for a £4m job how could you do this?

Answer 9

Issue the letter of intent in sections, i.e. for substructure enough to get the contractor started.

Question 10

When advising a client about a guarantee what must you ensure?

Answer 10

Insurance backed.
Sufficient warranty period.
Reputable provider.

Question 11

How can Building Surveyors stay up to date with the latest construction technology?

Answer 11

Modus
CPD
Online sources

Question 12

When might you offer your guarantee to a third party?

Answer 12

When working on behalf of a Landlord and the ingoing Tenant wants a guarantee for the refurbishment works.

Collateral warranty.

Question 13

Are you aware of any new legislation which is being brought out?

Answer 13

Fire Safety Act 2021 includes that external walls and fire doors need to be assessed.

Changes to DOC M to include changing spaces WC’s in certain buildings of a particular size.

Question 14

What are collateral warranties and when might they be used?

Answer 14

Collateral warranties are used as a supporting document to a primary contract where an agreement needs to be put in place with a third party outside of the primary contract. Sometimes an architect, contractor, or sub-contractor will need to warrant to a funder, tenant or purchaser that it has fulfilled its duties under a building contract.

Collateral warranties often contain obligations that affect the consultant or contractor, such as using materials of an appropriate quality, and carrying out work in a professional, workmanlike manner. It can also provide the third-party contractual rights enabling it to claim for losses which would not otherwise be recoverable.

Question 15

Why didnt you carry out the PD role?

Answer 15

Its a company policy whilst acting as a CA you cannot act as PD, this provides a QA procedure.

Question 16

How did two contracts work in relation to CDM?

Answer 16

It was suitable, I liaised with the PD to confirm this.

Question 17

How has Covid affected your work, generally?

Answer 17

Flexible in approach moving face to face meetings to Microsoft teams.

On site is a little more slower due to more rigorous health and safety. I.e. social distancing etc.

Question 18

What did you issue the Tenants at 55 Degrees North?

Answer 18

A repairs notice.

Question 19

How was the project priced?

Answer 19

Priced as a whole job and 2 phases in tender every contractor aware in schedule of works.

Question 20

What are the types of monetary claims contractors can make?

Answer 20

Loss and expense - loss caused by the employer due to progress being affected (opening up, disruption, delay in instructions etc)

Prolongation - loss incurred due to the extended duration of the works.

Consequential - loss incurred by a breach of the contract, can be made by Employer too.

Question 21

Any changes to any statutory requirements your aware of?

Answer 21

New fire safety bill.

Changes to Part M - new requirement for changing places in toilets.

Question 22

Tell me about MEES in the coming years?

Answer 22

The standards are becoming tighter in future years which aim to meet net zero (carbon) 2050.

Question 23

Difference between a Lease and License of alterations?

Answer 23

Lease = exclusive possession for a period.

License = personal permission to occupy for a period.

Question 24

How can you specify sizing of timbers for repairs etc.?

Answer 24

1. Engage with a Structural Engineer.

2. TRADA timber spans table.

Question 25

What can you still to eaves to prevent thermal insulation compromising eaves ventillation?

Answer 25

Eaves trays.

Question 26

If a warm roof is installed, what else do you need to consider?

Answer 26

Heights of windows, doors, weepholes etc. If the roof height increases so might alot of other stuff.

Question 27

What flashing would you use between a flat roof and a parapet?

Answer 27

Cover flashing or otherwise known as an apron.

Lead for felt roofs.
Plastic for single ply.

Question 28

How do you test concrete?

Answer 28

Schmidt hammer tested for cured concrete to determine strength.

Slump test for fresh concrete to determine strength.

Impact hammer test to determine loose concrete when concrete has spalled/carbonated.

Question 29

How does fire spread between buildings?

Answer 29

• Radiation transfers heat in the air (could be by smoke) until it hits a combustible material and it can then set alight.
• Burning embers

Fire can also by:
Convection - Fire rising upwards and spreading.
Conduction - Fire spreading by burning materials by direct contact.

Question 30

Is partial possession allowed in MW?

Answer 30

There’s no clause reference noted in the JCT MW.

There is a clause noted in the standard but I’m unsure about Intermediate.

Question 31

Why is Joint names insurance good?

Answer 31

So the Employer and Contractor can’t sue each other as the works are under a joint insurance policy.

More collaborative approach.

Question 32

Are shrinkage’s a contractor’s responsibility?

Answer 32

Under JCT MW yes shrinkages are the contractors liability in the rectification period.

However, plasters/mortars/paints etc. are designed to shrink by nature and therefore are these defective?

Question 33

Is there a specific clause for big ticket items in intermediate contracts?

Answer 33

‘Listed items’ clause set out in the Intermediate (and above) contract.

Specific conditions need to be met before payment:

• Items insured
• Items clearly set aside
• Obtain a receipt for the items.

Question 34

What are the 2 types of tender alternatives?

Answer 34

Alternative 1 - Does not allow correction of bids.

Alternative 2 - Allows the correction of bids.

Question 35

What are the types of settlement offers?

Answer 35

Calderbank offer - Without prejudice basis (flexible approach)
Part 36 offer - Ridged formal offer (in order to settle matters)

Question 36

What do you refer too if in doubt?

Answer 36

BRE Guides and British Standards.

Question 37

Draw an upstand/parapet detail for a warm and inverted roof?

Answer 37

Refer to pics on desktop.