Mock Questions Flashcards
Comms & Negotiation: You have mentioned various different types of communication (Verbal, Written etc.) Can you give me an example of when it would be appropriate to communicate verbally?
When you want to relay information quickly, but can later be followed up via an email for confirmation.
Comms & Negotiation: Why is it important to ‘Record’ meetings accurately, and issue minutes within a reasonable time period? What is the benefit to the Project / the Parties involved?
- To ensure no discrepancies are included within meeting minuets.
- Issue in a timely manner to ensure all parties have a reasonable time period to complete any actions, so avoid delays.
Comms & Negotiation: What in your opinion is the basis of a successful negotiation?
All parties coming away satisfied with the outcome.
Comms & Negotiation: What are the Five Stages of Negotiation?
Investigation / Determination / Presentation / Bargaining & Closure)
Accounting: You have mentioned Balance Sheets. What is a Balance Sheet? What does it show?
A balance sheet demonstrates the companies assets and liabilities. The overall value of the business.
Accounting: How does a Balance Sheet differ from a Profit & Loss Account?
- A balance sheet shows a companies assets and liabilities, whereas, as Profit and Loss account shows the companies loss and profit at a given period of time.
Accounting: What do you mean by the Term Statutory Accounts? Why is it important that these are Audited?
What is the Role of the Auditor?
- These are financial documents such as, profit & loss and Balance sheets that are required by law to be issued at the end of the financial year.
- The role of the auditor is to ensure all monies recorded are correct and legitimate. So avoid money laundering and tax avoidance.
Accounting: You have stated that you understand the implications of Construction Act 2009 (LDEDCA2009) on construction industry cash flow? What do you mean by this? What are / were the implications?
- The Construction Act 2009 is there to ensure payments throughout the supply chair are made in a timely manner.
- This is to benefit cashflow throughout the project stage to all suppliers.
Conflict Avoidance & Dispute resolution: You have stated that you have read the RICS Guidance Note in relation to Conflict Avoidance and Dispute Resolution. What does this document say is the best way to avoid a dispute?
- The best way to avoid disputes is to ensure/ minimise any discrepancies within the Contract Documents.
- It is also best to ensure there is a good level of communication between all parties.
Conflict Avoidance & Dispute resolution: Within your document you have mentioned various different types of dispute resolution process. Which of these (if any) are Mandatory?
- Within the JCT Contract, adjudication is named as the Dispute resolution method. This is a mandatory method, which parties cannot opt out of.
Conflict Avoidance & Dispute resolution: Following the completion of an Adjudication process, if one of the Parties is unhappy with the outcome is there any right to review? Are there any specific grounds for this?
- There is no right of appeal and limited right to resist enforcement.
- Award of legal costs is at the discretion of the adjudicator unless this is excluded by the terms of the contract.
- The whole process can take up to 28 days and the decisions are binding.
Conflict Avoidance & Dispute resolution: What is the difference between Arbitration & Litigation? Why might a business prefer one over the other?
Litigation:
- resolved through court
- Lengthy process
- In the public eye
- Can appeal
Arbitration:
- Less formal process
- Costs can vary
- Shorter process
- Cannot appeal
- Fairer decision making
Sustainability: What is BREEAM? Other than BREEAM & WELL are you aware of any other Sustainability measurement tools?
BREEAM: Building Research Establishment, Environmental Assessment Method
- Looks at the enviromental performance and impact of a building.
WELL: Looks at the performance internally of the building. Lighting, heating, water quality and air quality etc.
LEED: Leadership in Energy and Environmental design.
- Cost saving green energy
Sustainability: Can you give me an example of a Sustainable Technology, particularly in relation to Renewable Energy?
- Solar energy, such as Solar panels
- ## Ground source heat pumps
Sustainability: Which part of the Building Regulations deal specifically with Sustainability and the Management / Use of Power within Buildings?
Part L of the Building Regs - sustainability
Contract Practice: What are the component parts of a Contract under English Law?
Offer, Acceptance and Consideration.
Contract Practice: You have mentioned the JCT and NEC Suite of Contracts. What is the current versions of the JCT?
JCT 2016 Suite of Contracts
Contract Practice: What are the Main differences between the JCT Contract and the NEC Contract?
The programme is a contractual document within the NEC, whereas it is not within the JCT. Only the Contractual start and completion date within the JCT.
Contract Practice: Are you aware of any other commonly used standard forms of Contract?
Yes, FIDIC, commonly used internationally.
Contract Practice: You have stated that you prepared the Contract Documents on the Duke Street project. What information was included within the Document?
- Employers Requirements
- Preliminaries
- Contractors Proposals
- The JCT Form of Contract
- Design Information
- Warranties / Insurances
- Schedule of Amendments appended to the back (If any)
Contract Practice: You have mentioned Contractors Proposals & Employers Requirements in relation to JCT D&B Contracts. Which of these take precedent in an unamended Contract?
Why?
The Contractors Proposals
Because they are a direct response to the Employers requirements and should therefore include the ER’s.
There may of been a period of negotiation to bottom out any discrepancies between the two documents.
Contract Practice: I assume that you were responsible for the Valuations on the Duke Street Project. Can you advise me of the Payment process under the JCT D&B Contract? How does this differ to the process under the SBC?
- Contractor to issue Interim Payment Application (7 days prior to due date)
- Due date is 7 days after the valuation date
- EA to issue Payment Notice within 5 days of due date
- With final date for payment being 14 days for due date
Contract Practice: You have stated that you advised your Client in relation to LD’s on one of your Projects. What was your Advise? What considerations were made?
- I advised my Client that a weekly LDs amount is recommended, incase of breach of contract by the Contractor, usually if the contractor doesn’t achieve PC.
- This amount would need to be based on a calculation of the actual loss the client is likely to incur if the contractor fails to meet the completion date.
Contract Practice: If LAD’s are not included in a Contract what remedy might exist, should the Contractor not complete the Works on time?
Unliquidated Damages
- The Client may be able to pursue a claim for unliquidated damages through the courts.
- The amount would be the exact same amount of which would of been agreed within the contract, and is determined by the courts.
Contract Practice: You have mentioned that the Duke Street Project included Contract Amendments. What advise did you give your Client in this regard? Can you give me an example of one of the Amendments? Particularly one of those that you considered to be not relevant, and why?
I advise my Client that I could look at the Amendments and comment which ones were relevant to the project. I advise my Client, that the amendment regarding the contractor finding anything in the ground could be removed, as this was an office fit-out project and no ground surveys were requested within the ERs, this could be removed.
PROCUREMENT & TENDERING: What is the difference between Procurement & Tendering?
- Procurement is the act of buying goods or services.
- Tendering is obtaining a price for those goods or services.
PROCUREMENT & TENDERING: You have been involved in a negotiated tender. What other types of tender are you aware of?
- Single Stage - Design priced and tendered
- Two Stage - Contractors price prelims, and oh&p levels before design is commenced. Used on longer projects. Usually D&B projects.
PROCUREMENT & TENDERING: Can you give me some examples of commonly used Procurement Routes in the UK Construction Industry?
- Design and Build 2016
- Traditional (Single Stage if no contractor design required)
- Management Contracting
- Measured Term Contract
- Bespoke
PROCUREMENT & TENDERING: What considerations are made in deciding on a Procurement Route?
- Type of project (complexity)
- Size of project
- Level of design
- Experience of Client
- Estimated Value of project
PROCUREMENT & TENDERING: On the Harbourside 10 Development. What was the form of Tendering / Procurement? You have stated that you prepared a PCSA. What is a PCSA? What was included within this document?
- 2 Stage Tender
- Pre Contract Services Agreement - Used to involve the contractor early to produce design and surveys etc.
- A list of deliverables were included within the PCSA for the contractor to price and carry out.
PROCUREMENT & TENDERING: Can you explain to me how you managed the Tender Query process, and the issue of Tender Addendums throughout the Process?
- Tender Addendums were issued to all Contractors and were recorded within an addendum schedule. The tender return date was reviewed and considered if additional time was needed.
- Tender Queries were complied into one schedule, answered and issued back to all contractors to ensure like for like comparisons.
PROCUREMENT & TENDERING: You have stated that you interviewed the Lowest Tenderers? Why did you choose to interview multiple Tenderers? What does the JCT Practice Note say in relation to the Evaluation of Tenders? What was the Selection Criteria, was this included within the Tender Documentation?
- To ensure the contractors had the correct level of experience.
- The correct financial stamdings
- and a suitable level of H&S
PROCUREMENT & TENDERING: You have stated that you prepared a Tender Report and Recommendation. What was included in this Document?
- Tender Analysis
- Programme times
- oh&p percentages
- Post Tender adjustments
- Recommendation to the Client
PROCUREMENT & TENDERING: Can you give me an example of where you have advised on the Tendering & Procurement strategy? I note that you have stated you advised the Client on the Contractual Form on the Brook Street Project? What was your advice? And Why?
My advice to the Client on the Brook was to adapt the JCT Standard Building Contract, with Contractors design portion.
- This was because the Client was using our in house Architects for the design, therefore eliminating the need for a D&B. - - The complexity of the project was simply, traditional methods of construction involved.
- The Contractor was set to hold the design risk for the external cladding.
FINANCIAL CONTROL & REPORTING: What guidance is available in relation to Cost Reporting on Construction Projects?
- We have the RICS Guidance notes on Cost Reporting & financial control.