MPL

Question 1

ACA

Answer 1

Association of Consultant Architects- national professional body representing architects in private practice in the UK. The ACA is not a regulatory body, but provides an independent voice for and support to architectural practices.

Question 2

ARB

Answer 2

Architects’ Registration Board. Professional body for UK architects that regulates architects’ conduct and controls the use of the title ‘architect’. The ARB has a code of conduct and practice.

Question 3

ASET

Answer 3

Available safe escape time. The time that someone has to escape from a building in an emergency before it becomes unsafe.

Question 4

CIBSE

Answer 4

Chartered Institute of Building Services Engineers. A professional body that represents services
engineers.

Question 5

IAAS

Answer 5

Incorporated Association of Architects and Surveyors. The Chartered Association of Building Engineers (CABE) is a professional body for building engineers in the United Kingdom and overseas, founded in 1925 as IAAS.

Question 6

ICE

Answer 6

Institution of Civil Engineers, an independent professional association representing civil engineers.

Question 7

IEEE

Answer 7

Institute of Electrical and Electronics Engineers is dedicated to advancing technological innovation and excellence and in protecting the interests of its members and the public.

Question 8

ILA

Answer 8

The Landscape Institute (LI) is a British professional body for landscape architects was founded in 1929 as the Institute of Landscape Architects (ILA). Members include landscape designers, conservationists, plant scientists, urban designers, and environmental managers.

Question 9

IMechE

Answer 9

Institution of Mechanical Engineers. An independent engineering society representing mechanical engineers in industry.

Question 10

ISTructE

Answer 10

Institution of Structural Engineers - provides professional accreditation for structural engineers.

Question 11

MIStructE

Answer 11

Chartered Member of the Institute of Structural Engineers. It is the world’s largest membership organisation dedicated to structural engineering, and supports and protects the profession by upholding professional standards and acting as an international voice on behalf of all structural engineers.

Question 12

PFI

Answer 12

Private Finance Initiative: Private Finance Initiatives are the most common form of Public Private Partnerships (PPP). It is a way of funding public infrastructure projects with private capital. It is one of the three procurement routes preferred by the Government Construction Strategy for central civil government projects

Question 13

QS

Answer 13

Quantity Surveyor- Provides financial management of the project, either on behalf of the client or contractor. Surveyors seek to minimise the costs of a project and enhance value for money, whilst still achieving required standards. The term is no long an accurate reflection of the actual service provided, which would be more accurately described as ‘project cost management’. This includes preparing the bill of quantities, preparing valuations for interim certificates, agreements of final accounts with the contractor and design cost planning.

Question 14

RIAI

Answer 14

Royal Institute of the Architects of Ireland

Question 15

RIAS

Answer 15

Royal Incorporation of Architects in Scotland

Question 16

RIBA

Answer 16

Royal Institute of British Architects

Question 17

RICS

Answer 17

Royal Institution of Chartered Surveyors. They promote and enforce the highest professional qualifications and standards in the development and management of land, real estate, construction and infrastructure.

Question 18

RSAW

Answer 18

Royal Society of Architects in Wales.

Question 19

RSET

Answer 19

Required safe escape time. The amount of time needed to make a safe exit from the building in the event of an emergency such as a fire.

Question 20

RSUA

Answer 20

Royal Society of Ulster Architects.

Question 21

RTPI

Answer 21

Royal Town Planning Institute. A membership society that offers guidance to and seeks to promote the profession of town planners.

Question 22

External fire spread

Answer 22

External fire spread is concerned with spreading of fire from one building to its neighbours. Building separation and boundary distances as well as facade detailing affect the likelihood of this occurring.

Question 23

Fire Engineer

Answer 23

Fire engineering is the application of science and engineering principles to protect people, property, and their environments from the harmful and destructive effects of fire and smoke. It encompasses fire protection engineering which focuses on fire detection, suppression and mitigation and fire safety engineering which focuses on human behaviour and maintaining a tenable environment for evacuation from a fire.

Question 24

Fire resistance

Answer 24

The ability of an element of building construction to fulfil for a stated period of time its required load bearing function, integrity and/ or provide thermal insulation specified in the standard fire resistance test.

Question 25

Flashover

Answer 25

A transitional phase in the development of a fire in which surfaces exposed to thermal radiation reach ignition temperature and fire spreads rapidly throughout the space resulting in full room involvement or total involvement of the compartment or enclosed area.

Question 26

Intumescent Strip

Answer 26

The intumescent strip swells up under heat and fills the voids between two surfaces (the door and door frame for example) creating a fire seal.

Question 27

Means of Escape

Answer 27

The structural means whereby (in the event of a fire) a safe route or routes is or are provided for persons to travel from any point in a building to a place of safety.

Question 28

Smoke barrier

Answer 28

An effective membrane continuous from outside wall to outside wall and from the top of the foundation or floor/ceiling assembly below to the underside of the floor or roof sheathing, deck or slab above, including continuity through concealed spaces, such as those found above suspended ceilings, and interstitial structural and mechanical spaces to resist the movement of smoke. It should have a 1 hour resistance rating.

Question 29

Smoke vent

Answer 29

Heat and smoke vents are installed in buildings as an active fire protection measure. They are openings in the roof which are intended to vent the heat and smoke developed by a fire inside the building by the action of air buoyancy.

Question 30

Sprinkler

Answer 30

A system designed to limit the growth of fires consisting of a network of overheard pipes that release water automatically when a predetermined temperature has been reached.

Question 31

Travel distance

Answer 31

The distance to a safe exit in the case of emergency. This can be a window of specified dimensions from GF to 4.5m or a protected stairway if above.

Question 32

Acceptance

Answer 32

For a valid contract there must be an agreement, which consists of an offer by one party and an acceptance by the other party. Acceptance of an offer can be by word – written or oral – or by conduct and the acceptance must be communicated or made known to the offeror. Silence is not sufficient to accept an offer because neither assent nor dissent has been communicated by the offeree. An acceptance must be unequivocal and it must be a complete acceptance of every term of the offer.

Question 33

Contract

Answer 33

An agreement with specific terms between two or more persons or entities in which there is a promise to provide something in return for something being given to them, known as consideration. Contracts can be either written or oral, but oral contracts are more difficult to prove.

Question 34

Contract documents

Answer 34

Comprising the Contract Drawings, the Contract Bills, the Articles of Agreement, the Conditions and (where applicable) the Employer’s Requirements, the Contractor’s Proposals and the Contractor’s Designed Portion Analysis

Question 35

Contract Management

Answer 35

The management of contracts made with customers, vendors, partners or employees. This includes negotiating terms of contracts, ensuring the contract terms are abided by and documenting and agreeing any changes to the contract.

Question 36

Intention

Answer 36

Necessary to form a contract (along with agreement and consideration). An aim or determination to enter into a legal agreement on both sides.

Question 37

Standard Form Of Contract

Answer 37

A pre-written booklet containing a standard agreement and a set of clauses for the conditions of
contract which are filled in and adapted as required for a particular job.

Question 38

Traditional Form Of Contract

Answer 38

A traditional contract, sometimes referred to as design bid build, is a contract between a client and a contractor for the construction of a fully designed project. This remains the most commonly used method of procurement.

Question 39

Under Hand

Answer 39

A contract that is signed and with handshake. Claims for breach made within 6 years from time of the breach, after building contract completed.

Question 40

Under Seal

Answer 40

A contract that does not require consideration in order to be binding but that must be sealed, delivered and show a clear intention of the parties to create a contract under seal. Usually a round piece of red paper on which a seal was embossed or it could be a rubber stamp or, indeed, anything so long as the parties clearly intended the document to be sealed. Claims for breach extended to twelve years after the breach.

Question 41

Building Contract

Answer 41

A legally-binding agreement between a client and a contractor in which an architect is a contract administrator.

Question 42

Collateral Warranties

Answer 42

A collateral warranty is a form of contract which runs along- side, and is usually supplementary to, a primary contract. They are used to form an agreement with a third party that is not a part of the primary contract but the works of the third party affect the primary contract. Commonly used for sub- contractors.

Question 43

Consideration

Answer 43

Something of value given by one person or group signing a contract in exchange for something of value given in return by the other party.

Question 44

Express terms

Answer 44

Included in a written contract of employment. They are the terms which are explicitly agreed between you and your employer such as wages, hours of work etc.

Question 45

Implied Terms

Answer 45

Implied terms in English law refers to the practice of setting down default rules for contracts, when terms that contracting parties expressly choose run out, or setting down mandatory rules which operate to override terms that the parties may have themselves chosen. The purpose of implied terms is often to supplement a contractual agreement in the interest of making the deal effective for the purpose of business, to achieve fairness between the parties or to relieve hardship.

Question 46

Novation

Answer 46

The act of replacing one participating member of a contract with another or, in the case of a design and build contract, the act of the architect being transferred to the contractor and no longer answers to the client.

Question 47

Valuations (in building contracts)

Answer 47

The act of valuing, especially a formal assessment of the worth of property.

Question 48

Letter Of Appointment

Answer 48

Between the two parties to show that an ‘agreement’ is in place.

Question 49

Letter Of Intent

Answer 49

A communication expressing an intention to enter into a contract at a future date. Usually from an employer to a contractor indicating the employer’s intention to enter into a formal written contract for the works described in the letter, and asking the contractor to begin those works before the formal contract is executed.

Question 50

Parties to a Contract

Answer 50

The people who made the contract and are governed by its clauses are described as being party or ‘privy’ to it and they are said to enjoy ‘privity of contract’. The parties are drawn into a close legal relationship with each other which is governed by the agreement that they have made.

Question 51

Schedule of Rates

Answer 51

A schedule of rates contract is one under which the amount that is payable to the contractor is calculated by applying an agreed schedule of rates to the quantity of work that is actually performed.

Question 52

Agreement

Answer 52

When one party makes an offer and the other party accepts it then there is an ‘agreement’. Agreement is only reached when an offer or counteroffer has been accepted by the other party and both parties intend to be bound by the offer in question.

Question 53

Counter offer

Answer 53

A counter-offer suggests an alternative to previously offered terms. A counter-offer will destroy an original offer that it rejects, which can therefore no longer be accepted.

Question 54

Offer

Answer 54

A communication from one party to another to provide/pay something in return for what the other party are selling.

Question 55

Tender

Answer 55

A tender is a submission made by a prospective supplier in response to an invitation to tender. It makes an offer for the supply of goods or services. An invitation to tender might be issued for a range of contracts, including; equipment supply, the main construction contract (perhaps including design by the contractor), demolition, enabling works etc.

Question 56

RIBA Plan Of Work

Answer 56

The definitive UK model for the building design and construction process and is often used as a guide for payment instalments through the duration of the project

Question 57

Appraisal

Answer 57

Identification of client’s needs and objectives, business case and possible constraints on development at the start of a project.

Question 58

Architect’s Appointment

Answer 58

An architect’s appointment is a contract between the architect and the client. Before the fee can be agreed, both architect and client should establish the project details and services to be provided, the procurement method, an approximate construction cost, the project timetable. The architect should set out the project details clearly, in writing, along with his or her terms and conditions of engagement and the procedures for the calculation and payment of fees and expenses.

Question 59

Architects’ Instruction (AI)

Answer 59

Issued by an architect to a site agent (contractor) as work progresses on site to make changes or alterations to the contract as unforeseen issues arise, eg. extending contract time, change the scope of work.

Question 60

Clerk of Works

Answer 60

Employed by an architect or a client on a construction site. The role is primarily to represent the interests of the client in regard to ensuring that the quality of both materials and workmanship are in accordance with the design information such as specification and engineering drawings, in addition to recognized quality standards. The role is defined in standard forms of contract.

Question 61

Design and Build

Answer 61

The main contractor is responsible for undertaking both the design and construction work on a project for an agreed lump-sum price after the design has been developed past concept stage.

Question 62

Gantt chart

Answer 62

A type of horizontal bar chart that illustrates the project schedule. Used to visualize project tasks and
see how they relate to each other as the project progresses over time.

Question 63

Management Contracting

Answer 63

A system where a contractor is selected at an early stage for the purpose of management only. The construction work is divided into a number of packages and the tenders for these are invited as appropriate to suit the programme. All work is sub-let to nominated sub-contractors (similar to a traditional contract) who are chosen by the client. The benefit of this system is that the employer has more freedom to change their mind while preserving price and end date. The client has greater security but it has a reputation for causing confrontation between members of the building team. Also referred to as “fast track” as work can begin as soon as sufficient information has been provided.

Question 64

Project Manager

Answer 64

The issues of budget, scheduling, and quality-control are the responsibility of the Project Manager in an architect’s office. They make sure projects are defined, planned, monitored, controlled and delivered most effectively and efficiently.

Question 65

Variations

Answer 65

A change or modification to the quantity, quality or duration of the work agreed in the building contract. The Standard Form of Building Contract includes a clause to allow variations. This work is shown in drawings or described in the specification or listed on a schedule.

Question 66

Extension of Time

Answer 66

Where the work specified in the contract requires longer to complete than originally thought and was agreed upon in the contract. Reasons for delay and a necessity for extensions of time should be predicted and communicated by contractors and architects to employers and clients in advance of the delay occurring (if it is thought that the project may run past its set period or contract completion date). Contractors will be obliged to give notice as soon as it becomes apparent that the delay will occur.

Question 67

Specification

Answer 67

A specification has 3 important purposes, in each case in conjunction with the drawings. To be read
by the contractor’s estimator as the only information available on which to prepare a competitive tender, to be read by the quantity surveyor to enable a bill of quantities to be prepared as a basis for such competitive tenders, to be read by the contractor’s agent and the clerk of works during the progress of the contract as the architect’s instruction for carrying out the Works.

Question 68

Procurement

Answer 68

A term to describe the process undertaken by a client or employer who is seeking to bring about the construction or refurbishment of a building to appoint their employees, such as their main contractor.

Question 69

Practical Completion

Answer 69

The completion of all the construction work that has to be done, after which the clients regain control over the site and has to insure it. Some minor works, called snagging items, may remain and must be completed within a reasonable period (usually 6-12 months). Once practical completion is achieved, the employer is able to take possession of the works.

Question 70

Barriers (disability)

Answer 70

Barriers, in access terms, are both physical and visual things that can prevent some members of the population from accessing the built environment. The removal of such barriers should be objectives in the design of a building. Regardless of compliance with Building Regulations, there will be obligations under the Disability Discrimination Act 1995
for service providers and employers to consider barriers created by physical features in buildings.

Question 71

Disabilities

Answer 71

Physical or mental impairment(s) that have a ‘substantial’ and ‘long-term’ negative effect on the ability to do normal daily activities.

Question 72

Employer Equal Opportunities

Answer 72

A stipulation that all people should be treated similarly, unhampered by artificial barriers or prejudices or preferences, except when particular distinctions can be explicitly justified.

Question 73

Equality Act 2010

Answer 73

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider
society. It replaced previous anti-discrimination laws with a single Act, making the law easier to
understand and strengthening protection in some situations.

Question 74

Impairments

Answer 74

The state of being diminished, weakened, or damaged. If a building causes someone to be impaired they are likely to sue. If a person is impaired and cannot access a building then they suffer discrimination and can take a provider of goods or services to court.

Question 75

Part M

Answer 75

Approved Document M - Access to and Use of Buildings (2004) is one of the documents that make up the approved documents and provides guidelines for architects on how to design fully accessible buildings.

Question 76

Reasonable adjustments

Answer 76

The Equality Act 2010 states that changes or adjustments should be made, as far as is reasonable, for access to the following things: education, housing, employment, goods and services. The company can do this by: changing the way things are done, changing the physical form of the building or providing extra services and aids.

Question 77

Conservation area

Answer 77

An area designated as being of special architectural or historic interest, the overall character or
appearance of which it is desirable to preserve or enhance.

Question 78

Conservation Officer

Answer 78

Advises on and promotes the conservation of historic buildings and areas.

Question 79

Ancient Monuments

Answer 79

An old building or site listed under the UK Ancient Monuments Acts. Owners must notify English Heritage to repair or clean them, at planning stage.

Question 80

Listed Building

Answer 80

A listed building is a building or structure which is considered to be of ‘special architectural or historic interest.’ This includes a wide variety of structures and buildings ranging from cathedrals to walls and historic telephone boxes as well as residential properties.

Question 81

Listed Building Consent

Answer 81

Consent required for all works of demolition, alteration or extension to a listed building that affect its character as a building of special architectural or historic interest.

Question 82

Assets

Answer 82

An item of property owned by a person or company, regarded as having value and available to meet debts, commitments, or legacies.

Question 83

Chattel

Answer 83

An item of property other than freehold land, including tangible goods and leaseholds interests. It is an item of personal property that is moveable and is distinguished from land (real) property. e.g. a piano is chattel property whereas the apartment is not.

Question 84

Easement

Answer 84

A right of use over the property of another. Easements can be conveyed from one individual to another by will, deed, or contract, and are a non-possessory interest in another’s land that entitles the holder only to the right to use such land in the specified manner.

Question 85

Freehold

Answer 85

Permanent and absolute tenure of land or property with freedom to dispose of it at will is the common ownership of real property, or land, and all immovable structures attached to such land, as opposed to a leasehold in which the property reverts to the owner of the land after the lease period has expired.

Question 86

Boundary (in Land Law)

Answer 86

An imaginary or physical line that marks the limits of one piece of real land from the next. The boundaries for a piece of real land are defined in the earliest title deed and are defined by the person who divided the land in written or/and drawn descriptions.

Question 87

Conveyancing

Answer 87

The transfer of land is a two-stage process: the contractual stage and the conveyancing stage. Conveyancing is the transferring of real estate property or real property interests from one party to another. A conveyance must be acknowledged before a clerk licensed to prepare legal documents and recorded with the County Recorder or Recorder of Deeds.

Question 88

Fixture

Answer 88

A fixture, as a legal concept, means any physical property that is permanently attached (fixed) to real property (usually land), the removal of which would permanently damage the real property. Property not affixed to real property is considered chattel property.

Question 89

Lease

Answer 89

A legal document outlining the terms under which one party agrees to rent property from another party. A lease guarantees the lessee (the renter) use of an asset and guarantees the lessor (the property owner) regular payments from the lessee for a specified number of months or years. Both the lessee and the lessor must uphold the terms of the contract for the lease to remain valid.

Question 90

Libel

Answer 90

Libel is a method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person’s reputation, exposes a person to public hatred, contempt or ridicule, or injures a person in his/her business or profession.

Question 91

Trespass

Answer 91

Any interference with a person’s right to security of body (battery, assault, imprisonment) or of land without permission. This can include unjustifiable entry, overhanging and drainage onto. It is a crime punishable without damage through tort law.

Question 92

Tort

Answer 92

A civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act.

Question 93

Slander

Answer 93

False and damaging statements that can be reasonably argued to cause harm. Slander can attract liability through tort law.

Question 94

Restrictive Covenant

Answer 94

Any type of agreement that requires the buyer to either take or abstain from a specific action. In real estate transactions, restrictive covenants are binding legal obligations written into the deed of a property by the seller. These covenants can be either simple or complex and can levy penalties against buyers who fail to obey them.

Question 95

Nuisance

Answer 95

A wrong arising from the unreasonable, improper, indecent, or unlawful use of property to the annoyance or damage of another, or the general public. A private nuisance is an interference with a person’s interest in the use and enjoyment of his land.

Question 96

Party wall

Answer 96

A wall common to two adjoining buildings that is legally seen to stand on lands of two different owners.

Question 97

Redundancy

Answer 97

In legal terms redundancy refers to dismissal from employment due to lack of work. For a redundancy to be genuine, the employee cannot be replaced, their job must cease to exist.

Question 98

Latent Damage Act 1986

Answer 98

The act modifies the limitation period for claims other than personal injuries in the tort of negligence.
The period should either be 6 years from the date that the cause of action accrued, or, if this expires
later, 3 years from the time the claimant knew certain material facts about the damage. There is a 15-
year long-stop date from the date of the defendant’s negligent act or omission.

Question 99

Limitations Act 1980

Answer 99

A British Act of Parliament applicable only to England and Wales. It is a statute of limitations which
provides timescales within which action may be taken (by issuing a claim form) for breaches of the
law. For example it provides that breaches of an ordinary contract are actionable for six years after
the event whereas breaches of a deed are actionable for twelve years after the event.

Question 100

Rights of light

Answer 100

A form of easement in English law that gives a long-standing owner of a building with windows a right to maintain the level of illumination.

Question 101

Auditing

Answer 101

To conduct an official financial inspection of a company or its accounts. A company must be audited annually if it’s turnover exceeds a specific amount, or if 10% of its shareholders request an audit.

Question 102

Balance sheet

Answer 102

A report that represents a statement of the firm’s financial condition at a specific point in time (eg. at the end of the month or year). It consists of 2 sections. The first section shows the assets, which are the financial resources of the firm. The second section shows the liabilities and the owner’s equity.

Question 103

Cashflow

Answer 103

A measure of the amount of money being transferred into and out of a business. Businesses strive
for positive cash flow in order to pay bills using payments rather than taking out loans or investing
more money in the business to cover bills while waiting for payments to come in.

Question 104

Creditors

Answer 104

An entity (person or institution) that extends credit by giving another entity permission to borrow money if it is paid back at a later date. Real creditors (i.e. a bank or finance company) have legal contracts with the borrower granting the lender the right to claim any of the debtor’s real assets (e.g. real estate or car) if he or she fails to pay back the loan.

Question 105

Debtors

Answer 105

A company or individual who owes money. If the debt is in the form of a loan from a financial institution, the debtor is referred to as a borrower. If the debt is in the form of securities, such as bonds, the debtor is referred to as an issuer.

Question 106

Fee Estimate

Answer 106

An estimate is not an offer to do the job for that amount but just the best guess as to how much the work will cost. This means that the trader can charge you more than the estimate.

Question 107

Fee income

Answer 107

Income generated from fees assessed to customer accounts by banks. The banking industry has been highly criticized for profiting over excessive fees charged to customer accounts.

Question 108

Fee Quote

Answer 108

A price given to do work, usually given by a sub contractor to a contractor. It is an offer and if accepted a contract is formed.

Question 109

Final Certificate

Answer 109

This brings the authority of the Architect to an end under the terms of the building contract. The architect issues it when he is satisfied that the contract has been fully complied with. He must consider the whole of the contractor’s performance and workmanship under the contract and his right to payment.

Question 110

Fixed Costs

Answer 110

Costs that will not change throughout the lifecycle of the project, they are independent of variations in construction or revenue. They include costs such as insurance, workers’ salaries, equipment rental, taxes and loan payments.

Question 111

Interim Certificates

Answer 111

An architect issues interim certificates stating the amount due to the Contractor from the Employer, to what the amount relates and the basis on which it has been calculated when stages of work have been completed on the project.

Question 112

Invoice

Answer 112

A list of goods sent or services provided, with a statement of the sum due for these.

Question 113

Overheads

Answer 113

Administrative charges on costs. The cost of electric light, roads, supervision, accounting, director’s fees etc., which cannot fairly be charged to one job and must therefore be distributed as a percentage over the flat cost of all items in a contract.

Question 114

Variable costs

Answer 114

A periodic expense that varies in proportion with the production output; they rise as production increases and fall as production decreases. E.g. raw materials, labour costs, energy usage and packaging.

Question 115

Turnover

Answer 115

The amount of money paid to a business in a particular period.

Question 116

Value Engineering

Answer 116

A systematic and organized approach to provide the necessary functions in a project at the lowest cost. Value engineering promotes the substitution of materials and methods with less expensive alternatives, without sacrificing functionality. It is focused solely on the functions of various components and materials, rather than their physical attributes.

Question 117

Depreciation

Answer 117

Depreciation records the loss of value in an asset resulting from usage or age. It is charged as an expense to the profit and loss account, but is disallowed and therefore added back, for tax purposes.

Question 118

Life-Cycle Costing

Answer 118

Life cycle cost analysis (LCCA) is a technique that seeks to examine the total costs of a building throughout its useful life in order to evaluate and compare alternatives to achieve optimum long-term cost benefits.

Question 119

Liquidated Damages

Answer 119

An amount of money that contracting parties agree on as the amount of damages one of them can recover if the party breaches the contract. Usually they apply to some specific type of breach of the contract and they most commonly apply when the contractor reaches the contract by not finishing the work on time.

Question 120

Profit

Answer 120

In terms of individual projects, profit can be defined as the money the project makes after accounting for all costs and expenses. The percentage profit a contractor might apply to their tender price will vary according to risk, workload and economic climate.

Question 121

Loss and Expense (in building contracts)

Answer 121

Contractual claims arise because some provision in the contract entitles the contractor to payment for ‘loss or expense’. Direct loss and/or expense is not the difference between what the contractor thought the costs would be and what they actually were, as this doesn’t take into account optimistic projections. Claims for loss and expense can be subdivided into prolongation and disruption elements.

Question 122

Bill of Quantities

Answer 122

Comprehensive documents containing individual prices and other data for valuing variations in the project. Bills of quantities are normally prepared by the quantity surveyor based on detailed drawings and a specification prepared by the contract administrator, usually the architect.

Question 123

Domestic Sub-Contractor

Answer 123

Any sub-contractor, other than a nominated sub-contractor, that the main contractor employs to carry out parts of the Works - freely selected by contract.

Question 124

Nominated Sub-Contractor

Answer 124

A company chosen by the client that is not the main contractor. Nominated sub-contractors are directly responsible to the client and not to the main contractor.

Question 125

Limited liability partnership

Answer 125

The partners in a LLP aren’t personally liable for debts the business can’t pay - their liability is limited to the amount of money they invest in the business. In an LLP, one partner is not responsible or liable for another partner’s misconduct or negligence.

Question 126

Code of Conduct

Answer 126

An architect’s duty of care, as stipulated by the Architect’s Registration Board, to ensure responsible management of an architectural project.

Question 127

Defects Liability Period

Answer 127

A period of usually twelve months following practical completion, during which the employer can require the contractor to return to the site to complete any omissions in the works and to make good any defective work or materials.

Question 128

Unfair Dismissal

Answer 128

Unfair dismissal is a term in labour law to describe an act of employment termination without good reason, or contrary to the country’s specific legislation.

Question 129

Negligence

Answer 129

Negligence is concerned with the careless infliction of harm or damage. You can be sued for negligence through tort, it has three essential elements, namely: (a) the existence of a legal duty of care; (b) a breach of that duty from negligence; and (c) consequential damage.

Question 130

Professional Indemnity Insurance

Answer 130

Professional indemnity insurance (PII) is a form of liability insurance that helps protect professional advice and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit. Very few professional practices have sufficient resources within their own organisations to meet anything other than minor claims brought against them in respect of professional negligence.

Question 131

Section 106 agreement

Answer 131

Planning obligations under Section 106 of the Town and Country Planning Act 1990 (as amended), commonly known as S106 Agreements, are a mechanism which make a development proposal acceptable in planning terms, that would not otherwise be acceptable. They are focused on site specific mitigation of the impact of development.

Question 132

Title deed

Answer 132

Title deeds are documents showing the chain of ownership for land and property. They can include:
conveyances, contracts for sale, wills, mortgages and leases. On the sale of a freehold, or upon an
assignment (sale or transfer) of a lease, the seller’s proof of title is found in the title deeds to the
property (which may be held by a lender if there is a mortgage) and the purchaser’s solicitor will
investigate these title deeds to satisfy himself on behalf of his client that the seller does indeed have
title to the land. Title deeds of properties in the UK need to be officially registered from HM Land
Registry.