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Random Questions Flashcards

1
Q

Three principles of client care

A

Acknowledge. In any situation where there is conflict or a dispute, a great first step is to acknowledge the other person.

Focus on the Individual

Be Authentic and Honest.

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2
Q

How have you applied the principles of Client care in managing the client

A

I have acted open and honestly. I have presented them all the options, one that they would benefit more from and negotiated by stating the that removing the gain share would impact the bottom line.

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3
Q

GDPR

A

General Data Protection Regulation 2018

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4
Q

GDPR Principles

A

Lawfulness, fairness and transparency.

Purpose limitation.

Data minimisation.

Accuracy.

Storage limitation.

Integrity and confidentiality (security)

Accountability.

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5
Q

Elements of a contract

A

Offer, acceptance, legality, consideration, capacity, intention.

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6
Q

Disciplinary proceders RICS impose

A

Fine to expulsion

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7
Q

Money laundry regulations 2017

A

Carry out risk assessment. ID, credit score, country of Client/supplier.

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8
Q

Bribery Act 2010

A

Bribing another person.

Being bribed

Bribing a foreign public official.

Failure by commercial organisation to prevent bribery.

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9
Q

Bribery act penalities

A

company unlimited fine, 10 years in perison

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10
Q

In agreggate

A

Total amount for all claims

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11
Q

Each and every

A

Total amount per claim

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12
Q

Run off cover

A

So a client/customer is not left out of pocket if firm ceases trading.

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13
Q

Professional Indemnity levels

A

Firm’s turnover in the preceding year Minimum limit of indemnity
£100,000 or less - £250,000
£100,001 to £200,000 - £500,000
£200,001 and above -£1,000,00

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13
Q

PI RICS Wording Review

A

RICS reviewing the minimum wording for the policy, looking to build more felexbility into the wording.

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14
Q

Assigned risks pool

A

For RICS regulated firms that cannot obtain PII

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15
Q

Risk, Liability and Insurance, 1st edition - 2021 for firms

A

Must have PPI, as per table. Have T&C that shows how fee calculated, scope of works, and liability cap to reduce risk.

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16
Q

What is a liability cap?

A

A liability cap is a contractual agreement that a client can only claim damages up to the amount
agreed, even if the law would otherwise award a greater sum in damages

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17
Q

Regulated firm

A

Provides survying work to public, 25% of firms principles are RICS members.

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18
Q

Conflicts of interest why bad

A

Must not advise or represent a client if conflict of interest. Keep records

The most important reason for avoiding conflicts of interest is to prevent anything
getting in the way of your duty to advise and represent each client objectively and
independently, without regard to the consequences to another client, any third party, or
your own interests and that the clients and in turn the public can be confident you are
doing so.

Duty to another party, client, firm or self.

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19
Q

Client Money

A

In bank account easily accessible, obtain receipts, duty to keep safe. Used for approate purpose, safeguard money.

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20
Q

Anti money laundring act 2018

A

The Act covers anti-money laundering and terrorist funding. Through further regulations, it allows the British government to make provisions for enabling or facilitating the detection or investigation of money laundering and terrorist financing, or the prevention of either. CAn make sections, ie finacnail sanctions.

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21
Q

Economic Crime (Transparency and Enforcement) Act 2022

A

Aimed at strengthening the UK’s fight against economic crime. The new measures include: a beneficial ownership register for overseas entities holding UK real estate.

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22
Q

Comply with bibery act

A

Undergoing checks on the subcontractors, not bribing anyone. If suspicious inform relevant people

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23
Q

Conflict of interest check

A

Ask to fill out if CoI register. Ask in pre-start meeting.

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24
Q

Bribery & Corruption training

A

Training goes through what is a bribe and how to report if offered.

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25
Q

Acted with integrity

A

Gainshare or evey time price for TO/CE, open and honey by uploading subcontractor quotation onto cemar. Management Fee

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26
Q

Responsibility

A

Client report - Annual report secruirty breakdown.

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27
Q

Respect

A

I mean what I say. If I’m going to review something for the client like Vmesh, I will review it. Show them the breakdown and get it implemented.

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28
Q

Insurances

A

Alongside PII you’ll also need:

public liability
buildings insurance
employer liability cover
directors and officer’s cover
contents insurance
business interruption insurance
run off cover

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29
Q

Confidental

A

Keep paper documents lock up, password protected sensitive items. Mark emails restrictive, confidential or sensitive. Nothing send to 3rd party that can be used to identify organisation or person.

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30
Q

ISO 9001/9004

A

Quality management

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31
Q

Unrealistic expectation/deadline

A

SM timescales. EWN time to tender. Cavat that may not be completed in September. Vortex house, saying have to start by this date or not achievable.

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32
Q

Effective Communication

A

clear, concise, concrete, correct, coherent, complete, and courteous.

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33
Q

Negotiation

A

Identify goal, consider what client wants, stresghts and weaknesses. Create value and resolve conflicts.

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34
Q

Negotiation styles

A

compermise, complete, avoid, colaborate, accomedate

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35
Q

Negotiation

A

Rate increase for security, gainshare, pmu, MF, labour rates,

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36
Q

H&S Policy

A

To carry out risk assessment, make sure competant person. Question anything see unsafe. mental health first aiders. responsible for own actions

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37
Q

RICS H&S

A

Survying safetly 2018 - RICS regulations firms have approate H&S policy and provide safe working enviroment. Personal have appropriate training and knowldge. Undertake risk assessment,

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38
Q

Safe person concept

A

RICS considers the concept of a ‘safe person’ to mean
that each individual assumes individual behavioural
responsibility for their own, their colleagues’ and others’
health and safety while at work.

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39
Q

Risk

A

Likeliehood that a person maybe harmed.

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40
Q

Hazard

A

Protential to harm

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41
Q

Control of asbestos regulations 2012

A

Need to do asebsos survey if doing any maintenance or work on a building.

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42
Q

Consturction Desing Management regulations 2015

A

Explains the roles, Client duty to appoint approte duty holders which correct compenties. PC, health and safety polocieis, preapare consurtcion phase plan. PC produce construction phase plan, ensure design is done correctly. Changes made is explains the roles.

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43
Q

CDM when notifiable

A

Longer than 30 days and more than 20 workers or last more than 500 days

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44
Q

Financial statements

A

Income - shows NP, cash flow - shows where money came from and where spent and balance sheet - shows assets and liabilities

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45
Q

Companies Act 2006

A

States the different companies, and have section that state avoid conflicts of interest.

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46
Q

Handling client money

A

Keep in seprate bank account, use only for client matters when insturcted, have the word client in bank statement title. Client money handerling RICS guidance

47
Q

VAT domestic reverse charge

A

Puts the VAT emithpis on the buyer not the supplier. The supply is made between a UK VAT registered supplier and UK VAT registered customer.
Both supplier and customer are registered for the CIS. Not for end user.

48
Q

ISO 27001

A

Information secuirty management systems

49
Q

Paris agreement

A

To stop tempetures rising by 1.5c

50
Q

Climate act 2008

A

By 2050 to reduce greenhouse gases by 100% of 1990 levels

51
Q

EPC

A

Energy Performace Cetficiate

52
Q

RICS sustainability report 2022

A

Contributes to the climate conversation and knowledge sharing

53
Q

ISO 14001

A

Environmental standard

54
Q

ISO 50001

A

Energy Management

55
Q

Scope 1

A

Direct company emmisions ie company vechicals for business purposes

56
Q

Scope 2

A

Indirect emissions of energy purchases

57
Q

Scope 3

A

Indirect not owned ie communing

58
Q

Example of working in a team

A

Client application, all have own role and working together to get the application submitted on time

59
Q

Improving role within team

A

Did a roles and responsibility chart to clearly define who does what within the team

60
Q

Diversity and inclusion

A

Diversity describes the variation in personal, physical, and social characteristics that exist, while inclusion refers to the procedures organisations implement to integrate everyone in the workplace. In other words, diversity indicates the “what” and inclusion the “how”.

61
Q

Inclusive Employer Quality Mark (IEQM)

A

A self-assessment tool, designed to help firms in the profession gain competitive advantage and a diverse workforce.

62
Q

Maslows hierarchy of needs

A

physiological, safety, love and belonging, esteem and self- actualization.

63
Q

Fairness inclusion and respect

A

We strive to have an inclusive work environment, where all individuals are treated fairly and respectfully, with equity of access to opportunities and resources where everyone can achieve their potential and contribute fully to the business success.

64
Q

Inclusive environment

A

In an inclusive environment, people of all cultural orientations can: freely express who they are, their own opinions and points of view.

65
Q

Promoting inclusive environment

A

Member of FIR, we undertake lunch and learns speak at sector days, and meetings to make sure people are aware of the group and what we are trying to achieve.

66
Q

Indirect / direct discrimination

A

Direct discrimination - treating someone with a protected characteristic less favourably than others.
Indirect discrimination - putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage

67
Q

Unconscious bias

A

This is known as ‘unconscious bias’ and includes when a person thinks: better of someone because they believe they’re alike. less of someone because that person is different to them, for example, they might be of a different race, religion or age.

68
Q

Equality Act 2010

A

Not to be discriminated by: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

69
Q

Equality Act 2010 - Building Regs

A

Complying with disabilities, ie doors wide enough, can reach light switches, flat areas.

70
Q

Conflict of interest

A

An RICS member or regulated firm must not advise or represent a client where doing so would involve a Conflict of Interest or a significant risk of a Conflict of Interest; other than where all of those who are or may be affected have provided their prior Informed
Consent. Informed Consent may be sought only where the RICS member or regulated firm is satisfied that proceeding despite a Conflict of Interest is:
a in the interests of all of those who are or may be affected and
b is not prohibited by law,

71
Q

Examples of good payment practices

A

Paying on time, paying the correct amount, stating what works done. Follow RICS interim valuations 2015 guidance note

72
Q

The Three Pillars of Dispute Resolution

A

1 Negotiation; 2 Mediation (or third party intervention); and 3 Adjudication/ Arbitration/ Litigation.

73
Q

Alternative dispute resolution

A

Alternative dispute resolution (ADR) means settling a complaint out of court with the assistance of an impartial dispute resolution body.

74
Q

Dual Agecy

A

Acting for a number of parties, refer to conflict of interest

75
Q

Adjudication

A

Advantages of Adjudication
Quick - Adjudication is usually regulated by a strict timetable that ensures decisions are made quickly; the statutory provision within the Housing Grants, Construction and Regeneration Act 1996 states that the adjudicator shall make the decision within 28 days of their appointment.
Cost efficient / maintains working relationships - Either party can submit a Notice of Adjudication to commence adjudication proceedings at any time. The strict timescales allow disputes to be resolved as and when they arise, avoiding unnecessary tensions and costs between the parties.
Avoid delays - An adjudicator’s decision is binding and must be complied with strictly. Although the decision binds the parties immediately, it is not necessarily final and may be reconsidered by a court or arbitrator at a later date. This has the advantage of ensuring that payment is not held up in the interim. This allows work to continue on site until the matter is finally resolved. In reality, the vast majority of adjudication decisions are never challenged later

76
Q

Housing Grands, construction and regeneration act 1996

A

Contracts must provide a payment mechanistic,

an entitlement to payment by instalments, stage payments or other periodic payments
(s109);
* an adequate mechanism for determining what payments become due under the contract,
and when, along with a final date for payment for any sums which become due (s110);
* payment notices (s110A and s110B);
* payment of the notified sum including pay less notices (s111); and
* a right to suspend for non-payment of a sum that is due(s112).

contractions must have form of dispute resolution ie adjudication.

77
Q

Housing Grands construction and regeneration act 2011 updated

A

Applies to all contracts even if not in writing, dates for payment in contract. PN even if no amount due. Issues Pay less notice if required . Pay when certificate recieved not applicable

78
Q

Procurement and Tendering RICS Guidance

A

E-Tendering and Tendering strategies

79
Q

Pre-Qualification with P&T

A

Looks at suitability of a tender.

80
Q

Types of Tendering

A

Single stage - standard tender issues all completed documents to tenders. Two stage, issues initial documents to tenders, then once deigns confirmed issues again to confirm price and specification. Negotiated, same as single stage but with only one contractor

81
Q

Types of procurement

A

D&B, Traditional, MC and CM

82
Q

RICS E-tendering

A

Set’s out questions on if using the correct technology and

83
Q

Pre-qualification

A

Can use template in e-tending guide and is used for companies to state how qualified for the tender. Ie email but potential security issues, not for sealed bids.

84
Q

Find a tender

A

HV public tenders over £140k

85
Q

Robust tendering techniques

A

Robust tendering techniques can help to ensure positive tender results through: 1 accountability 2 auditability 3 ensuring everything has been picked up 4 parity 5 helping to reduce claims of corruption; and 6 ensuring that the correct price has been paid for the proposed works.

86
Q

Procurement plan

A

A procurement plan is a process in which a company decides what they need, who will provide the products, and when orders will be fulfilled.

87
Q

Liquid Damages

A

A fixed or determined sum agreed by the parties to a contract to be payable on breach by one of the parties

88
Q

Accrual

A

Charge for works but not yet invoiced

89
Q

Cost reporting

A

Client report (Shows cost against budget to client)

90
Q

Cost management

A

Cost management is the process of planning and controlling the costs associated with running a business.

91
Q

CVR

A

Compares actual cost against forcasted cost

92
Q

Accural Principle

A

Account for them when accure not when cash flowed.

93
Q

Subcontractor liabilities

A

Completed but not invoiced by subcontractor

94
Q
A
95
Q

Change control guidance by RICS

A

Change control and management 1st edition 2021

96
Q

What are key principles of CC and Management guidance

A

How to effectly manage changes, JCT vs NEC what QS should do ie, issues change price new change update scope

97
Q

Reconciling a cost

A

Reconciling a cost is to match actuals against agreed budget. For fast close in December, I submit my CVR to match the forecasted budget and will update with actuals in janurary.

98
Q

RICS for supplier mangement

A
99
Q

SLA

A

Service Level agreement use tham for enginerrs going out to repair items. Ie if urgent or not

100
Q

Bemchmarking

A

Emergency light testing, to make sure client getting value for money. Used PFI contract to compare against their rates

101
Q

What do you use to financially management suppliers

A
102
Q

Procurement of FM 2020 guidance is for

A

This is for professional trying to procure FM. Outlines good/bad, have a clear scope and evaluate,

103
Q

Cash Flow

A

Cash flow is the net cash and cash equivalents transferred in and out of a company.

104
Q

Letter of intent

A

Express intention to create contract but is not legally binding

105
Q

NEC3 Loss and Expense what is it?

A

CE

106
Q

Final Account, what is it?

A

Conlustion of contract sum, including varaitons and Provsional sums

107
Q

Final accounts disaggrment

A

VBS chase farm, variations not insturcted. Advised them of the correct proceedure, advised SM. Arranged training.

108
Q

3rd party rights in a contract

A

3rd party could claim if a design fell below standard or good quality materials

109
Q

Types of NEC contract options

A

A - Priced Activited schedule
B - Priced bill of quantities
C - Target activities schedule
D - Target actitives bill of quanity
E- Cost reembursiable contracts

110
Q

Novataion

A

Replacing a party benefit and burned

111
Q

Assignement

A

Replaces a party but only the benfit transfers not the burnded

112
Q

RICS Guidnace notes subcontractor what is a subcontracotr

A

A subcontractor is a contract who agrees to preform some or all of the obligations a main contracor is employed to do

113
Q

What does LADs stand for

A

Liquidated Assatained damages

114
Q

What are LADS

A

If the contractor fails to complete the project on time, the contractor is in breach of contract which gives rise to a claim for damages. If a breah the employer would have to prove breach has occured and prove their loss in montaty terms. So instead of proving cost could have a LAD clause incase of this break.

Must be a fix amount
Must have a start date
The cost of the LAD must be a genuie estimate of the loss if not project is not started on that date.

115
Q

LAD advantages

A

Creates certaincy
Stops costly legal fee as do not have to go to court
Saves on time

116
Q
A

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