Project Finance [Control and Reporting] Flashcards

1
Q

Related guidance to cost reporting?

A

RICS Black book:
- Cash flow forecasting 1st edition.
- Cost Reporting 1st Edition
- Interim Valuations and Payment
- Valuing Change
- Final account procedures

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2
Q

What is the purpose of post-contract cost / financial reporting?

A
  • Provide overview of client’s current financial commitment
  • Inform client of the likely outturn costs of the project
  • Forecast outturn costs compared to budget and/or tender sum
  • Give client understanding of potential savings / VE / additional monies required
  • Report contract progress against pre-contract predictions
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3
Q

What information would you include in a post-contract cost report?

A
  • Summary
  • Contract sum
  • Instructed variations
  • Anticipated variations
  • Provisional sum adjustments
  • VE options
  • Anticipated final account (forecast)
  • Risk allowances / contingencies
  • Cashflow forecast and certified payments
  • Commentary on project status
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4
Q

Difference between cost and price?

A
  • Cost is the expense incurred in the production of a product / service
  • Price refers to payment required for supply of a product / service
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5
Q

How would you deal with a large and (in your opinion) unrealistic claim for loss and expense in your cost report?

A
  • Report claim and highlight concern with figure submitted
  • Assuming CA deems the principal of the claim is valid, I would assess the claim
  • Update client on a regular basis until conclusion reached
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6
Q

What is a cash flow projection (/ forecast)?

A

Financial planning tool showing predicted flow of cash in and out of project, typically shown month-by-month
- Typically form an ‘S curve’

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7
Q

What formula can be used to predict anticipated payments?

A

S curve algorithm

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8
Q

Difference between employer cash flow and contractor (/ construction) cash flow projections?

A
  • Employer -> usually considers project in broader context, may include costs such as fees (statutory, consultant, legal), charges (land acquisition, marketing and sales)
  • Contractor -> construction costs
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9
Q

How does [the employer] benefit from accurate cash flow projections?

A
  • Assist with planning expenditure- ensures apt funding in place
  • Gain understanding of potential financial commitment at specific point in the future
  • Sense check monthly contractor valuations
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10
Q

If payments to the contractor are behind the projection, what might this indicate?

A

Construction works may be behind programme

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11
Q

If payments to the contractor are ahead of the projection, what might this indicate?

A

Construction works may be ahead of programme or the contractor is over-claiming

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12
Q

How would you create a cashflow forecast?

A
  • Require construction programme and CSA
  • Values associated with element could be forecasted to reflect their installation within the programme
  • Split works into different packages as shown on programme, include individual s-curves for each package
  • (Can request cashflow from subcontractors to assist)
  • Alternatively - use previous cashflow from similar scheme / cashflow forecasting software, though may not be as accurate
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13
Q

Different ways to produce a cash flow?

A
  • S curve calculator to calculate expenditure over course of construction
  • Use programme and pricing schedule to plot expenditure
  • Request contractor to submit cashflow
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14
Q

If your construction budget was £2.5m and proposed construction
period was 25 weeks, would a forecast cashflow expenditure of
£100,000 per week be realistic?

A

In reality - not very realistic, much more likely to have s-curve profile (initial spend is low as site set up and enabling works undertaken, then higher value M&E, frame during works, then minor finishing items as scheme comes to end

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15
Q

Components of a cash flow?

A

Prelim costs, work packages, OH&P, retention, expenditure of loss and expense, provisional sums, instructions, variations

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16
Q

Contributors to increased costs on a construction project?

A
  • Client driven changes
  • Design development
  • Site specific risks (contamination, ground obstructions, logistical issues, incoming services)
  • External influences (market fluctuations, tax and insurances, Brexit, COVID - depends on contract)
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17
Q

Methods to bring the project back in budget?

A

Main options are to reduce scope or assess value engineering possibilities

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18
Q

Would there be a potential conflict on the scheme if the EA undertook commercial aspects of the contract?

A
  • Post contract - not really as the EA and QS scope of services are to act impartially and in accordance with administering contract conditions, so technically there shouldn’t be too much variance between their assessment of say valuations etc.
  • Pre-contract (EA not appointed yet) but could be PM - if they had a favourable contractor in mind this could skew their quality assessment if they knew the status of the cost rankings
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19
Q

Have you produced a change control tracker? If so, how?

A
  • Description of changes, who this was raised by and when, categorise change according to status
  • Any additional comments in other column as a running commentary
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20
Q

What are the typical responsibilities of the cost manager on a construction project?

A

Depends on scope of service, may include:
- managing risk allowance expenditure
- prepare pricing documents
- tender evaluation / analysis
- prepare interim valuatoins
- value variations
- assess contractor’s financial claims
- negotiate and agree final accounts
- produce cost estimates and cost plans
- advice on whole life costs
- cost reports, forecasts
- prepare and maintain cash flow forecast

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21
Q

Advantages of buildability?

A
  • Better programming, sequencing, construction methods
  • Potential for reduced capital and life cycle costs and improve building performance and maintenance characteristics
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22
Q

What are variations?

A

Alterations / modifications to design, quality or quantity of the contract works / site access / working conditions

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23
Q

Why might they arise?

A
  • Change to spec
  • Discrepancies between contract docs / statutory requirements
  • Errors and omissions
  • Deficiencies in employer requirements
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24
Q

What form must architect’s instructions take?

A
  • Best practice to be made in writing
  • QS not usually authorised to make additions to contract sum for instructions not in written form
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25
Q

What would you say about oral instructions post-contract?

A
  • Validity depends on whether form of contract has valid mechanisms
  • i.e. JCT SBC- Instructions other than writing of no immediate effect- contractor shall confirm in writing receipt within 7 days, if CA doesn’t dissent within 7 days, takes effect from expiry of 7 day period
  • In my opinion, best practice to follow up verbal instructions with written ones ASAP
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26
Q

Can the contractor object to a variation?

A
  • Depends on the contract, i.e. JCT SBC - contractor must comply with valid instruction subject to certain exceptions

Exceptions
- Instruction might affect efficacy of CDP / compliance with CDM regulations
- Instruction might infringe patent rights
- Contractor unable to enter into contract with named specialist in instruction

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27
Q

What can the architect do if the Contractor doesn’t comply with an instruction?

A
  • Depends on the contract, though in JCT, the architect is required to issue ‘notice to comply’ to the Contractor
  • If contractor still fails to comply, architect can instruct another party to carry out work, with contractor liable for additional costs incurred - must obtain range of quotations and have record
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28
Q

3 methods of obtaining a cost for variations under JCT forms of contract?

A

Depends on contract, JCT SBC:
- Agreement between employer and contractor
- Schedule 2 quotation
- Valuation by QS under valuation rules

29
Q

What are time periods for Schedule 2 quotations under JCT SBC?

A
  • CA requests via issue of AI
  • Contractor has 7 days to notify they won’t provide one, otherwise 21 days to quote
  • CA has 7 days to confirm acceptance “Confirmed acceptance” / rejection of quotation
30
Q

What does the Schedule 2 quotation contain?

A
  • Work value
  • Time adjustment
  • Money in lieu of direct loss and expense
  • Fair and reasonable cost of preparing quotation
31
Q

Is the contractor entitled to any costs if the quotation is rejected?

A

Fair and reasonable cost of preparing quote, as long as quote itself was fair and reasonable

32
Q

Valuation Rules under JCT forms of contract?

A

3 rules for measurable work:
- If of similar character, qty and condition as existing work, bill rates should be used
- If of similar character, but different qty / conditions, bill rates used as basis, with fair allowance to account for difference
- If not of similar character, fair rates and prices should be used

33
Q

What about non-measurable work?

A

Typically valued by dayworks procedure based on labour, plant, materials costs incurred

34
Q

What is a star rate?

A
  • Rate based on bill rates, but including fair allowance
  • Deviation must have reason (i.e. conditions on site more complicated than first envisaged
35
Q

What are ‘fair rates and prices’?

A
  • Market rate
  • Rate based on actual costs
  • Rate in line with current cost data
36
Q

What are dayworks?

A

Actual cost of materials, labour, plant used in carrying out work, along with % addition as set out in the contract

37
Q

What document should the prime cost be calculated in accordance with?

A

Definition of the Prime Cost of daywork carried out under Building Contracts (by RICS)

38
Q

What information is necessary to be able to assess dayworks?

A
  • Dayworks / time sheets
  • Names of workmen
  • Plant and materials used
    This info should be given to CA / authorised person for verification
39
Q

Can the QS alter hours they consider excessive on a dayworks sheet that’s authorised by CA?

A

No, if signed off should be maintained

40
Q

What would you do if the contractor submitted 10 dayworks sheets to you for payment?

A
  • Verify with CA that relevant variation has occurred and it’s recorded on an instruction
  • Ensure no other contractual method of valuing variation
  • Providing CAI in place and no other mechanisms, I’d seek verification of hours and materials
41
Q

How would you resolve if you didn’t not agree on something with the contractor’s QS?

A
  • Discuss with client / senior colleague, try to seek resolution with contractor
  • Could take to adjudication if necessary, all parties should try and resolve matter by negotiation in first instance
42
Q

What is quantum meruit?

A

“what he deserves’ - fair and reasonable costs incurred

43
Q

Give an example of where this might be used?

A

If employer and contractor reach separate agreement on acceleration, costs may be based on ‘fair and reasonable basis’

44
Q

What is loss and/or expense under JCT Forms of Contract?

A

Reimbursing contractor for any direct loss and/or expense incurred in carrying out additional work / from employer’s breach of contract

45
Q

What are the procedures for claiming loss and expense under JCT forms of contract?

A
  • Once regular work progress is affected / likely to be affected / contractor aware of matter incurring loss and expense, they should notify CA in writing
  • Contractor should submit further information as requested by architect
  • Contractor should submit further info as requested by CA/QS to enable L&E amount to be ascertained
46
Q

What are Relevant Matters under JCT forms of contract?

A

Events listed in Contract entitling contractor to loss and/or expense

47
Q

What are the Relevant Matters?

A

5:
- Variations
- Instructions
- Execution of approximate qty not reasonably accurate to actual qty
- Suspension by contractor for non-payment
- Any impediment/prevention/default by employer

48
Q

What is key to remember when assessing loss and expense?

A

Actual loss incurred by the Contractor

49
Q

What are common heads of claim in loss and expense applications?

A
  • Prolongation
  • Thickening of prelims (i.e. extra supervision required)
  • Disruption causing plant/labour to be underemployed
  • Increase in labour / material costs during delay period
  • Head office overheads
  • Loss of profit
  • Finance changes
  • Acceleration costs
  • Claim preparation costs
50
Q

Can you explain how you valued loss and expense claim on one of your projects?

A
  • Liaised with EA/CA to confirm validity, if it was a relevant matter following EoT
  • Reviewed contract prelims / extent on site to build up costs
  • Communicate with contractor, ascertain their costs and sense check if matched with my assessment
  • Client informed, agreed, monies paid against
51
Q

What is a provisional sum?

A
  • Allowance / estimate included within the contract price
  • Not sufficiently defined/designed/detailed to allow accurate cost determination at time of carrying out and/or
  • Work the employer may (not) wish to be carried out
52
Q

How are provisional sums expended?

A
  • Under JCT, CA should issue instruction for expenditure
  • Final amount payable = omission of prov sum allowance and addition of actual cost
53
Q

How are provisional sums dealt with in the Final Account?

A
  • CA should have issued instructions for expenditure of all provisional sums with the add/omit
  • Instructions then accounted for in usual way under Final Account (FA)
54
Q

How does the NEC contract incorporate provisional sums?

A
  • Unamended NEC contracts don’t provide for use of prov sums
  • NEC approach - if scope of works unclear, item is excluded until it can be properly defined
55
Q

What types of provisional sum are there?

A

Defined and undefined

56
Q

Difference between defined and undefined sums?

A

Defined (as stated in NRM1)
Contractor has allowed adequate time for programme and prelims included in contract - nature of construction work, qty and time required is known but design not yet complete

Undefined
Extent unknown so contractor has not allowed for planning/programming/preliminaries implications- entitled to EoT and/or additional prelims when actual works undertaken

57
Q

Would the contractor be entitled to claim additional preliminaries and/or EoT when expending a defined provisional sum?

A

No- they should have allowed for programme and prelims in price

58
Q

What are prime cost sums (PC sums)?

A
  • Supplier only rate for materials / goods where precise spec unknown
  • Excludes costs associated with installation, fixing, fees, OH&P
59
Q

Prime cost vs provisional sums?

A
  • Prime cost affects material cost only, work elements firm but only material elements subject to change
  • Provisional sums allow for supply and related costs
60
Q

On one of your projects, how did you make sure the contractor made sufficient allocation in their programming, planning and prelims?

A

Ensuring provisional sums classed as defined, so contractor accounted for programming, prelims - less cost and time risk

61
Q

When would you use a prime cost sum over a provisional sum?

A

When works element can be firmed up but specification isn’t confirmed

62
Q

What are some of the risks associated with a provisional sum?

A
  • Cost not certain - if full extent of works not realised / appreciated, costs can increase significantly
  • Undefined provisional sums have time-related costs and programme implications
63
Q

Under what situation would you advise a provisional sum to be included?

A

When design can’t be complete and inadequate information to attribute a firm cost

64
Q

Does JCT D&B mention provisional sums in the contract?

A

Mentioned and to be expended by contract instructions (not mentioned if defined / undefined)

65
Q

What is a final account?

A
  • Conclusion of the Contract Sum (including necessary adjustments)
  • Signifies agreed amount employer will pay contractor
66
Q

What are the usual components of a final account?

A
  • Summary
  • Measured work
  • Variations
  • Adjusted prov sums / prime cost sums
  • Claims
  • Fluctuations
  • Previous payments made
  • Delay damages
  • Retention
  • Fees
  • OH&P
  • Original contract sum
  • Final account sum
67
Q

Can you detail the process for agreeing a final account?

A
  • Contractor has 3 months from PC date to send all relevant information
  • Review and agree within 2 months of contractor submitting necessary information
  • Draft final account statement, send to contractor to confirm agreement
  • Issue statement to employer’s agent, allows final completion certificate to be issued (after rectification period elapsed)
68
Q

What needs to be in place to allow the final completion certificate to be issued?

A
  • End of defects rectifications period
  • Final statement in place (FA agreed)
  • Notice of Completion of Making Good (any defects rectified)