Q&As Flashcards
RICS Dispute Resolution Service
What is the RICS Dispute Resolution Service (DRS)?
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
Afternoon keynote address Global Professional and Ethical Standards - Peter Bolton King
What is best practice for a model professional?
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
Natural capital
What is natural capital and the plans to improve it?
Natural Capital is the stock of natural assets, e.g. habitats, soils, water and biodiversity
Using and managing land sustainably:
- Environmental net gain
- Improving management of land and incentives
- Improving soils health
- Focus on woodlands
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?
Heat pumps
CPD 3 2020 Module Test: Designing daylight solutions for commercial buildings
Why are views outside important in offices?
Helps reduce discomfort for workers
Improves productivity
Good for general health
CPD 4 2020 Module Test: Designing commercial buildings for improved health and productivity
What is the recommended lighting level for loading bays in warehouses?
150 lux
CPD 5 2020: Natural ventilation; the principles, benefits and practicalities
What are the advantages of natural ventilation over mechanical air-conditioning?
Reduces capital costs
Saves energy
Better indoor air quality
Saves on plant room space
CPD 7 2020: Building Regs Parts L and F: Planned Changes
What area of building performance does Part L assess?
Conservation of fuel and power
CPD 8 2020: Specifying acoustic architectural glazing
Which part of the Building Regulations covers noise?
Part E
Building Mag Webinar - Construction strategies to meet the 2050 net zero target
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
Collateral Warranties and Third Party Rights
Why are collateral warranties are required and what are step-in rights?
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.
Consideration of Delay and Extensions of Time
What is the definition of liquidated damages?
A genuine pre-estimate of loss
Design responsibility in construction
What is the extent of the Contractor’s design responsibility under a standard unamended D&B contract?
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).
Integrated Project Insurance
What is Alliancing?
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;
- Reimbursement of direct project costs on 100% open book basis
- A fee to cover corporate overheads and normal profit
- 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
Lifecycle costing for construction projects
What is the differences between whole life costing and life cycle costing?
WLC includes all costs and incomes (including land costs for example)
LCC is about the costs (only) associated with the building
Liquidated Damages
What is the difference between liquidated damages and unliquidated damages?
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
CPD 10 2020: Daylight design for commercial buildings using structural glazing
What are the benefits of improved daylight design?
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
CPD 11 2020: Heating and ventilation in the light of emissions targets
What is the CCC and the findings of its latest report?
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
CONSTRUCTION JOURNAL - Act early to avoid disputes
What are the dispute resolution clauses in JCT 2016 and Early Neutral Evaluation (ENE)?
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
LAND JOURNAL - Dispute resolution moves online
What are the advantages of ADR and how has Covid affected it?
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
Coronavirus (Covid-19) and JCT Contracts
How can the JCT provisions deal with Covid-19 related issues?
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.
BUILT ENVIRONMENT JOURNAL - Fire protection in an open plan environment
What are fire curtains in an open plan environment?
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.
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?
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
RICS Insight - Cities Health & Wellbeing
What are the wide range of physical features of the urban environment that affect health and well-being?
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
