Q&As Flashcards

1
Q

RICS Dispute Resolution Service

What is the RICS Dispute Resolution Service (DRS)?

A

Appoints Arbitrators, Adjudicators, Mediators, Independent Experts, Dispute Board members and Expert Witnesses

Operates in 17 countries around the world

The oldest and largest specialist Built Environment Dispute Resolution and Avoidance service provider in the world

There are currently 19 RICS Dispute Resolution Professional Standards, Practice Statements and Guidance Notes published and updated

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2
Q

Afternoon keynote address Global Professional and Ethical Standards - Peter Bolton King

What is best practice for a model professional?

A

Client and customer centric

Life long learner (CPD)

High level of competence, knows their limits

A trusted, independent advisor

Good communication skills

Is reliable and accountable

Provides added value and thinks ahead

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3
Q

Natural capital

What is natural capital and the plans to improve it?

A

Natural Capital is the stock of natural assets, e.g. habitats, soils, water and biodiversity

Using and managing land sustainably:

  1. Environmental net gain
  2. Improving management of land and incentives
  3. Improving soils health
  4. Focus on woodlands
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4
Q

CPD 1 2020: Ambient loop / carbon zero

What is the solution in the future, if a 35% carbon reduction target is sought in residential developments?

A

Heat pumps

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5
Q

CPD 3 2020 Module Test: Designing daylight solutions for commercial buildings

Why are views outside important in offices?

A

Helps reduce discomfort for workers

Improves productivity

Good for general health

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6
Q

CPD 4 2020 Module Test: Designing commercial buildings for improved health and productivity

What is the recommended lighting level for loading bays in warehouses?

A

150 lux

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7
Q

CPD 5 2020: Natural ventilation; the principles, benefits and practicalities

What are the advantages of natural ventilation over mechanical air-conditioning?

A

Reduces capital costs

Saves energy

Better indoor air quality

Saves on plant room space

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8
Q

CPD 7 2020: Building Regs Parts L and F: Planned Changes

What area of building performance does Part L assess?

A

Conservation of fuel and power

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9
Q

CPD 8 2020: Specifying acoustic architectural glazing

Which part of the Building Regulations covers noise?

A

Part E

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10
Q

Building Mag Webinar - Construction strategies to meet the 2050 net zero target

A

Learnt that any new developments put forward to Government bodies, they need to look at MMC first and provide reasons why it’s not suitable before looking at other methods

From a holistic point of view, timber is the optimum MMC solution

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11
Q

Collateral Warranties and Third Party Rights

Why are collateral warranties are required and what are step-in rights?

A

Privity of contract: “the relation between the parties in a contract which entitles them to sue each other but prevents a third party from doing so”.

Step-in rights: this allows the Employer to step-in to the shoes of the Contractor, if the Contractor becomes unable to complete the construction. This would normally occur where the Main Contractor has become insolvent. Step-in rights allows the Employer to continue to pay the subcontractor to fulfil all other obligations that the Main Contractor had under the subcontract or appointment in return for the subcontractor continuing to complete the works. The subcontract or appointment should be drafted to make the exercise of these right optional as the Employer may not want to be forced to step-in as this may not be financially prudent for them.

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12
Q

Consideration of Delay and Extensions of Time

What is the definition of liquidated damages?

A

A genuine pre-estimate of loss

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13
Q

Design responsibility in construction

What is the extent of the Contractor’s design responsibility under a standard unamended D&B contract?

A

Under a standard unamended D&B contract, the Contractor is only obliged and responsible for carrying out only the design it carries out itself. So where a proportion of the design has already been prepared by professionals for the client prior to the contractor becoming involved, then the contractor is only responsible for that which it carries out itself i.e. the completion of the design.

However, it’s typical for the D&B contract to be amended so that the contractor is responsible for the whole of the design for that project i.e. not only the design the contractor carries out, but also the design carried out by the professionals beforehand (via Novation).

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14
Q

Integrated Project Insurance

What is Alliancing?

A

A commercial/legal framework between a client and other participants for delivering one or more capital projects, characterised by:

  • Collective sharing of project risks
  • No fault, no blame and no dispute between the alliance participants (except in very limited cases of default)
  • Payment of the other participants under a three-limb commercial model;
  1. Reimbursement of direct project costs on 100% open book basis
  2. A fee to cover corporate overheads and normal profit
  3. A gain share/pain share regime where the rewards of outstanding performance and the pain of poor performance are shared equitably among all alliance participants
  • Unanimous principle-based decision-making on all key project issues
  • An integrated project team selected on the basis of best person for each position
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15
Q

Lifecycle costing for construction projects

What is the differences between whole life costing and life cycle costing?

A

WLC includes all costs and incomes (including land costs for example)

LCC is about the costs (only) associated with the building

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16
Q

Liquidated Damages

What is the difference between liquidated damages and unliquidated damages?

A

Unliquidated:

  • Based on the actual loss of the employer at the time of the delay
  • Will need to be proven at the time of the loss

Liquidated:

  • Genuine pre-estimate of loss, rather than a penalty
17
Q

CPD 10 2020: Daylight design for commercial buildings using structural glazing

What are the benefits of improved daylight design?

A

Improved daylight design can:

  • Provide a healthy work environment
  • Increase individual productivity by as much as 23%
  • Reduce sick building syndrome (SBS) symptoms as well as absenteeism
  • Reduce annual energy loads by between 27% and 88%

For instance, in warehouses, where optimum visibility is essential for workplace safety and workforce efficiency, rooflighting is called for because of its ability to provide twice as much daylight as vertical glazing

18
Q

CPD 11 2020: Heating and ventilation in the light of emissions targets

What is the CCC and the findings of its latest report?

A

Committee on Climate Change (CCC)

Assesses the UK’s progress towards hitting its emissions-based targets, such as net zero by 2050

The committee highlights the areas the construction sector will need to address in order to construct – and retrofit – homes and other buildings so they use more efficient, environmentally friendly sources of energy.

Such as:

  • Support for reskilling, retraining and research for a net-zero, climate-resilient economy
  • Action to make it easy for people to walk, cycle, and work remotely
  • Tree-planting, peatland restoration, green spaces and other green infrastructure
19
Q

CONSTRUCTION JOURNAL - Act early to avoid disputes

What are the dispute resolution clauses in JCT 2016 and Early Neutral Evaluation (ENE)?

A

JCT 2016 - where disputes cannot be resolved by negotiation, each party should give serious consideration to any request by the other to refer the dispute to mediation. This step should be taken, if possible, before any adjudication, arbitration or court proceedings.

Early Neutral Evaluation (ENE):

  • Alternative to mediation
  • Involves a third-party (an expert in the subject matter in dispute) giving a provisional evaluation or opinion on the issues that can be used as a basis for negotiating a settlement
  • It differs from a mediation in that a mediator supports a negotiation but does not provide any views on the merits of the respective cases
20
Q

LAND JOURNAL - Dispute resolution moves online

What are the advantages of ADR and how has Covid affected it?

A

ADR offers several key advantages:

  • Can be used for virtually any type or size of dispute
  • Cost-effective method for dealing with complex disputes
  • Affordable for small businesses and consumers (who may otherwise be frustrated by the fact that the costs of litigation would probably be greater than the amount of money in dispute)

Traditional ADR procedures often involve parties meeting each other and their third-party dispute resolvers face to face

Covid has meant that parties are exploring new ways to access ADR

Zoom, Teams, Skype, etc. may be the future of ADR

Parties and mediators can be much more flexible about when they meet, simply because no one has to travel

Preliminary consultations and hearings with parties in arbitrations and adjudications are also easily carried out online, thus reducing the time and costs associated with travel and venue hire

21
Q

Coronavirus (Covid-19) and JCT Contracts

How can the JCT provisions deal with Covid-19 related issues?

A

JCT contracts make provision for dealing with Covid-19 (the virus and Government actions) and should be complied with. These situations may give rise to:

  • Extension of time
  • Suspension of the works
  • Termination of contractor’s employment

The contractor may suspend the works where it is impracticable to continue work in the light of the current restrictions. If the suspension that follows is longer than that stated in the Contract Particulars, then either party may give notice of termination of the contractor’s employment. Although either party may terminate, the parties may, depending on circumstances at the time, agree other arrangements for continuation of the project.

22
Q

BUILT ENVIRONMENT JOURNAL - Fire protection in an open plan environment

What are fire curtains in an open plan environment?

A

Where fire doors cannot be implemented, fire curtains should be installed

A fire curtain is a highly robust piece of fire-resistant material which is stored discretely in a steel headbox within the ceiling

In open plan layouts, the installation of a fire curtain enables a building to still meet the relevant regulations.

23
Q

MODUS - Geospatial data: revolutionising how we see the world

JOURNAL - How digital maps can speed up planning

What is geospatial data and its benefits to the construction industry?

A

Any data with a locational component is geospatial data

It can:

  • Reveal underutilised government land that could be repurposed for housing
  • Digitally mapp subterranean cables and pipes
  • Build digital twins – replicas of physical buildings and conduct accurate forecasts/experiments
24
Q

RICS Insight - Cities Health & Wellbeing

What are the wide range of physical features of the urban environment that affect health and well-being?

A

Water, waste and sanitation infrastructure

Pollutants

Public transport

Building materials and design

Green spaces and parks

The urban heat island effect - a phenomenon where urban areas are several degrees warmer than neighbouring rural areas due to the heat retention of buildings and paved surfaces compared with vegetated areas

25
Q

CPD seminars: On Demand - Managing client expectations

What do we mean by ‘managing client expectations’ and the concept of DECS?

A

Understanding the client’s motivation for wanting to procure the project; this then leads to their requirements of time, cost and quality

What are the client’s most critical goals with the project - what are their priorities?

We need to be honest with our clients and by understanding the above, we can foresee any possible problems or challenges and therefore be honest with them about their expectations

DECS:

  • D - decisions - what are those critical decisions that need to be made before we can start doing anything for the client
  • E - expectations - what do they need you to deliver on? and when does they need you to deliver it by?
  • C - communication - what is the communication strategy? how are we going to make sure that everyone involved in this process are kept in the loop?
  • S - solutions - this is where we outline our solutions/ideas to help our client get to where they need to be
26
Q

CPD seminars: On Demand - Delays in construction and the impact of Covid-19

What were the issues in the construction industry caused by Covid-19 and the common themes to recent Government and JCT guidance that have been published?

A

Labour shortages

Shortages of plant and materials

Government restrictions

Delays in payment

Common themes:

  • Being ‘reasonable and proportionate’ in relation to performance issues and enforcing contracts
  • Acting in the spirit of cooperation/collaboration
  • Recommend disputes are resolved by ADR
27
Q

CPD seminars: On Demand - Insurance and the JCT Contract

What are the principles of insurance and the provisions within JCT 2016 DB?

A

Insurance is a policy of indemnity

It’s designed to put the Insured back into the position they were in before the insured event - not better, not worse

JCT 2016 DB:

  • Contractor’s Design Indemnity (Clause 2.17) - where the design is comprised within the ERs and CPs, the Contractor is responsible for any inadequacy in design (they have the same duty of care an architect or other professional). This includes any design work carried out by the consultants on behalf of the employer who are then novated.
  • Clause 6.5.1 - Contract Particulars will set out if this cover is required. Recommended for when the works are close to or on a shared wall with a neighbouring property. It covers the Employer’s legal liability (not the Contractor’s)
28
Q

Presentation meeting with Premier Modular

What is modular construction?

A

Rigorous QA system in place during construction. If an error is spotted then it doesn’t proceed to the next stage until rectified. This helps prevent errors being compounded / “lost” by having other elements built over them.

Clients always welcome to inspect any time during construction.

Installation of modular buildings is essentially weatherproof; rain, snow, etc. not an issue. Wind is the only weather that can affect installation, and even then, once the winds stop the installation can proceed (no need for the delivery truck to leave site straight away and come back the next day).

Education, Healthcare and Military/Defence are the biggest sectors at the moment.

Low-rise housing is still tricky at the moment (price point is an issue). Mid to High-rise apartment buildings have a better price point due to more repeatability (toilets, showers, etc.) and the M&E is less complex as they are mostly placed in communal/corridor areas.

29
Q

Business Planning (Presentation)

What are the elements that should be considered within a business plan and why should targets be SMART?

A

Development of a business plan should consider the following elements:

  • Overview of the business
  • Internal business and external environment analyses
  • Market and Competitor analysis
  • Products/Services and Pricing
  • Financial Plan - financial targets, turnover, profit
  • Operations Plan - organisational and service development
  • Marketing and Sales plan

Targets set must be SMART:

  • SPECIFIC
  • MEASURABLE
  • ACHIEVABLE
  • REALISTIC
  • TIME based

Our company’s turnover is roughly 80/20 between existing/new clients

Every office has monthly targets in order to achieve yearly targets (that’s why timesheets are important, etc. so progress can be monitored)

We are in the process of collating our top 100 clients and analysing their respective spend over the last 5 years to identify which clients we should keep chasing work from

Recently appointed a Head of Business Operations to lead the company at a national level (not just regional)

30
Q

RICS Journal ‘Widening health and well-being’ article

What is the World Green Building Council’s WGBC Health & Wellbeing Framework?

A

Six principles for a Healthy, Sustainable Built Environment:

  1. Protect Health
  2. Prioritise Comfort
  3. Harmony With Nature
  4. Facilitate Healthy Behaviour
  5. Create Social Value
  6. Take Climate Action
31
Q

Designing Changing Places for Public Spaces

What are Changing Places toilets and recent changes to legislation?

A

Changing Places toilets are larger accessible toilets for severely disabled people, with equipment such as hoists, curtains, adult-sized changing benches and space for carers

The Government has made Changing Places toilets compulsory in new public buildings

Average installation cost of circa £20k

32
Q

CPD 06 2021: Specifying timber to target Net Zero

What specification assesses lifecycle greenhouse gas emissions?

A

PAS 2050

33
Q

CPD 08 2021: Passive fire protection for structural steel

At what temperature does steel eventually melt?

A

1,500°C

34
Q

CPD 09: Decarbonising Existing Homes

Under the CCC’s Balanced Net Zero Pathway, solid wall insulation will need to be installed on how many UK homes by 2030?

A

2.4 million

35
Q

CPD 10: Structural Steel and the Circular Economy

Learnt the value of 1 tonne of UK structural scrap steel in 2020

A

£230-£240

36
Q

Bauder CPD - Upgrading a current flat roof (Retrofitting green roofs and PV arrays during roof renewal works on a building)

What are the pros/considerations of PV panels?

A

Pros:

  1. Simple to install and operate
  2. No additional landtake (when roof mounted)
  3. Close to point of use
  4. Low maintenance
  5. Proven zero carbon technology

Considerations:

  1. Structural capacity of existing roof (can it take the load of PVs?)
  2. Mechanical anchoring - penetrations/fixings through roof (effect on warranties, additional waterproofing requirements, etc.)