Professionalism Flashcards
What headings are included in a typical heads of terms?
The address
Subject to contract
Date
The parties – landlord and tenant
Rent deposit
The demise
Rent
Rent commencement – rent-free
Alienation
Alterations
Dilapidations/reinstatement
Timing
Conditions
Solicitors details
What is an expert whiteness?
Appointed by the two parties (or the president of the RICS) to settle a dispute.
Had an expert knowledge of the subject and can use his own opinion and evidence.
Parties are bound by the decision
Offers speed and specialist knowledge
What can you tell me about surveying safely 2011?
This is an RICS guidance note.
It provides advice on:
– Personal safety
– personal/corporate responsibility
– Assessing hazards and risks
– loan working/travel arrangements/PPE
– CDM regulations
– company’s emergency arrangements
It is due to become a professional statement
Are you aware of any changes to surveying safely 2011?
It is due to become a professional statement.
RICS surveying safely professional statement, 2017
- means compliance will be mandatory
- reflects changes to CDM/asbestos regulations
Are you aware of any legislation with regards to asbestos?
The control of asbestos regulations, 2012
Who enforces the control of asbestos regulations 2012?
Health and safety executive (HSE)
What is a risk assessment?
It is a legal requirement for organisations who employ more than five staff.
Five steps:
- Identify hazards
- Identify those at risk
- Evaluate risk
- Record findings
- Review regularly
What is a method statement?
A method statement details how it work task/process is to be completed.
Outlines hazards and gives a step-by-step guide on how to do a job safely.
It must detail control measures in place to ensure safety.
What is an arbitrator?
Appointed in a quasi-judicial role to settle a disputed.
They have specialist knowledge of the subject area.
Parties bound by the decision - decision can be overturned by court.
Fast, cost effective and confidential
What is a mediator?
Facilitates discussions between the parties
Conducted without prejudice
No decision making authority
Can not impose a resolution
Can you tell me some alternative disputes resolution processes?
Mediation
Arbitration
Independent expert
Adjudication
What is an adjudicator?
They use their own knowledge and the law to reach a legally binding decision.
What is an ombudsman?
This is an organisation that can investigate a complaint and facilitate a resolution.
Based on redress, not regulation.
Can grant a financial award of up to £25,000.
What are the principals of the data protection act?
- Process info fairly and lawfully for relevant purposes
- Process info for relevant purposes
- Kept securely
- Not kept for longer than necessary
- Accurate and up to date
- Adequate, relevant and not excessive
- Processed in line with data subjects rights
- Not to give info to other countries without same data protection laws
What would you expect to see in a set of public limited company accounts?
Chairman statement
Auditors report
Income statement
Statement of financial position
Governance report
Remuneration report
What is an ombudsman?
This is an organisation that can investigate a complaint and facilitate a resolution.
Based on redress, not regulation.
Can award a financial payment of £25,000.
What is an independent expert?
This is an expert appointed by the two parties (or the President of the RICS through DRS) to investigate a dispute.
They have expert knowledge on the subject matter.
Parties are bound by their decision.
They can use their own opinion/evidence.
What is an arbitrator?
Appointed in a quasi judicial role.
An arbitrator has specialist knowledge of the subject area.
Their decision is binding on the parties.
What does mediation involve?
This is where a neutral mediator facilitate discussions between two parties to try and establish a solution.
The mediator has no decision-making authority and cannot impose a resolution.
Other than court litigation, what alternative dispute resolution procedures are you aware of?
Mediation
Arbitration
Independent expert
Ombudsman
What dispute resolution processes are you aware of?
Negotiation
- Between the parties
Mediation
- Third-party intervention (not binding)
Adjudicative
- Outcome determined by third party
How much you aim to avoid conflict with regards to a contractual obligation?
- Ensure the contract is clear and concise
- Undertake risk analysis to understand where misinterpretation may arise
- Ensure you communicate clearly with all parties to understand their objectives properly
- Negotiate carefully and transparently
- Keep good detailed records
Why might a conflict arise?
Failure to comply with contractual obligations.
Differing interpretations of a contract.
Or
Conflict of interest
What is included in your company’s accounts?
My company is a private limited company.
The accounts include:
– balance sheet
– profit and loss account
– directors report
– notes about the accounts
(No auditors report required – small company)
