P3 Flashcards
Describe what happens at Handover Stage.
- Updated as construction drawings and information and O&M Manual
- Commissioning buildings systems
- Training for M&E, security, specialist equipment etc
- Start of defect period – typically 6 to 12 months but will be outlined in the contract
- Client takes possession of the site
- Handover of warranties and certificates
- Handover of keys
- Contractors insurance ceases to cover the site and the Employer must take out insurance and point of handover
Describe single stage and two-stage tender.
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.
Two stage tendering is often used to allow the early appointment of a contractor (or other supplier), prior to the completion of all the tender information that they would require to be able to offer the client a fixed price - ie the design is still being developed. In the first stage therefore, a limited appointment is agreed allowing the contractor to begin work and in the second stage a fixed price is negotiated for the contract.
When should Design and Build contracts be used?
Where there is a need to make an early start on site – as design and construction can overlap.
Where the client wishes to minimise their risk – as they have no responsibility for design
For technically complex projects which can benefit from the contractor’s expertise in the design stage.
Where the employer does not want to retain full control over the design development.
Where the client wishes to have a single point of responsibility.
Describe a Design and Build contract.
Design and build is a procurement route in which the main contractor is appointed to both design and then construct the works described in the contract.
The contractor may use their own in-house designers to design the building, or they can appoint consultant designers, or the client’s designers can be employed by the contractor to complete the design (novation)
Describe a traditional contract.
The client first appoints consultants to design the project in detail and then prepare tender documentation, including drawings, work schedules and bills of quantities. Contractors are then invited to submit tenders for the construction of the project, usually on a single-stage, competitive basis. This may be referred to as a ‘traditional contract’. The contractor is not responsible for the design, other than temporary works, although some traditional contracts do provide for the contractor to design specific parts of the works.
Typically, the client retains the design consultants during the construction phase to prepare any additional design information that may be required, to review any designs that might be prepared by the contractor, and to inspect the works. Normally, one consultant will be appointed to administer the contract.
Certifying practical completion has the effect of:
Releasing half of the retention (an amount retained from payments due to the contractor to ensure they complete the works).
Ending the contractor’s liability for liquidated damages (damages that become payable to the client in the event that there is a breach of contract by the contractor - generally by failing to complete the works by the completion date).
Signifying the beginning of the defects liability period.
What is Practical Completion and what happens?
The point in the process when the construction work is certified as practically complete under the Building Contract. A Practical Completion certificate may be used as a contractual document that allows the client to take possession of and to use a building.
What is the Housing Grants Construction and Regeneration Act?
The Housing Grants, Construction and Regeneration Act 1996 (also known as the Construction Act) is intended to ensure that payments are made promptly throughout the supply chain and that disputes are resolved swiftly.
Provisions of the act include:
The right to be paid in interim, periodic or stage payments.
The right to be informed of the amount due, or any amounts to be withheld.
The right to suspend performance for non-payment.
The right to adjudication.
Disallowing pay when paid clauses.
What are the 12 Standards outlined in the ARB Code of Conduct?
- Be honest and act with integrity
- Be competent
- Promote your services honestly and responsibly
- Manage your business competently
- Consider the wider impact of your work
- Carry out your work faithfully and conscientiously
- Be trustworthy and look after your clients’ money properly
- Have appropriate insurance arrangements
- Maintain the reputation of architects
- Deal with disputes or complaints appropriately
- Co-operate with regulatory requirements and investigations
- Have respect for others
Where would you find more information on Dispute Resolution?
RIBA Job Book 2020 10th Edition
What form of Dispute Resolution should always be applied first?
Negotiation* then Mediation
But ultimately depends what is in the contract.
How are interim certificates paid?
Interim payments can be agreed in advance and paid at particular milestones, but they are more commonly, regular payments, the value of which is based on the value of work that has been completed
If the client intends to pay a different amount from that shown on the interim certificate, then they must give a Pay Less Notice
Key roles of a Contract Administrator?
- Inviting and processing tender
- Preparing contract documents
- Administer Change Control procedures
- Consider claims for Extension of Time
- Chairing construction progress meetings
- Prepare and issue Progress reports
- Co-ordinate site inspectors
- Issue interim certificates for payment
- Issue Practical Completion Certificate
- Collate schedule of defects
- Issue certificate of making good defects
- Issue final certificate
Who is the Contract Administrator?
The contract administrator is generally appointed by the client (or employer) and may be the project architect. However, they could also be the lead consultant, the cost consultant, a specialist consultant, a client representative or employer’s agent, the project manager or an engineer, depending on the nature of the project.
Keele – Project Manager/ Edge
Bathgate – Employers Agent: Frontier Estates/ Project Manager
RIBA Code of Professional Conduct main Principles?
- Integrity
Members shall behave with integrity and shall strive to safeguard and improve the standing, reputation and dignity of the Institute and its Members in all their professional activities. Members shall consistently promote and protect the public interest and social purpose, taking into account future generations - Competence
Members should continuously strive to improve their professional knowledge and skill. Members should persistently seek to raise the standards of architectural education, life long learning, research, training, and practice for the benefit of the public interest, those commissioning services, the profession and themselves. Members should strive to protect and enhance heritage and the natural environment - Relationships
Members shall respect and seek to uphold the relevant rights and interests of others. Members shall treat people with respect and shall strive to be inclusive, ethical, and collaborative in all they do. Members shall seek and promote social justice
