Revision topics

Question 1

1. What are the CDM regulations?

Answer 1

CDM (Construction Design & Management) regulations 2015 intend to ensure that health and safety issues are properly considered during a projects development so that the risk of harm to those who have to build, use and maintain structures is reduced.

Question 2

2. What are the duty holder under CDM 2015?

Answer 2

• Clients
• Designers
• Principal designers
• Principal Contractors
• Contractors
• Workers

Question 3

3. What changed under CDM 2015?

Answer 3

• Replacement of ‘CDM Co-ordinator; role with ‘Principal Designer’
• Removing the exemption for domestic clients, but passing their CDM duties to the contractor
• Structural simplification of regulations to make them easier to understand

Question 4

4. Who is responsible for issuing the F10 notification?

Answer 4

Client is responsible for notifying HSE of project commencement (F10). Usually appoints PD / Consultant to do this.

Question 5

5. What are you and your clients duties under CDM 2015?`

Answer 5

My responsibility is to inform my client of their responsibilities

Client’s

• Provide pre-construction information to designers
• Ensure other duty-holders are appointed
• Ensure welfare facilities are provided
• Ensure construction H&S phase plan is in place
• Appoint PD and PC with suitable skills, knowledge and experience

Question 6

6. When does a Project need to be notified to the HSE?

Answer 6

Work longer than 30 working days and have more than 20 workers simultaneously

OR

Exceed 500 person days

Question 7

CP 1. How do you go about choosing a contract for a project?

Answer 7

There are various factors to consider

• Type of procurement route used
• Size of the project (forecast of cost will determine e.g. minor works / intermediate etc)
• Type of client (lawyer preferences)
• Type of works (e.g engineering, repeat works)

Question 8

CP 2. What contracts are available in the construction industry?

Answer 8

• NEC
• JCT
• FIDIC
• NFDC

Question 9

CP 3. Do you know of any guidance for contract selection?

Answer 9

RICS guidance note : Appropriate contract selection

JCT deciding on the appropriate JCT contract (2016)

Question 10

CP 4. What is an Extension of time?

Answer 10

An adjustment to the completion date, relieving the contractors liability to pay L.A.D’s

Question 11

CP 5. How have you managed an Extension of Time?

Answer 11

I have referred to the relevant contract clauses (in JCT DB 2011 it is 2.23 - 2.26)

• Review contractors notice
• Ask for extra information if required to assess / review
• Assess whether a relevant event / relevant matter
• After my assessment I write to the contractor giving details of my decisions and any EoT granted

Question 12

CT 1. What are the Building Regulations?

Answer 12

Building Act 1984

Building regulations are minimum standards for design, construction and alterations to virtually every building. The regulations are developed by the UK government and approved by parliament.

The building regulations 2010 are supported by approved documents.

Approved documents set out detailed practical guidance on compliance with the regulations.

Question 13

CT 2. Do you know any Building Regulations?

Answer 13

A = Structural safety
B = Fire safety
C =
D = Toxic Substances
E = Resistance to passage of sound

K = Protection from falling

Question 14

CT 3. Where are the building regulations located?

Answer 14

gov.uk website

Question 15

CT 4. What building regulation covers ‘Acoustics’?

Answer 15

Approved document E - Resistance to passage of sound

Question 16

CT 5. Do you know of any other guidance for Acoustics other than Building regs?

Answer 16

BS EN ISO 354: 2003 = Sound absorption

BRE, HSE and CIBSIE

Question 17

ACC 1. How might turnover affect a contractors ability to undertake a project?

Answer 17

TUrnover = Total amount that a business/contractor bills to its clients

If a contractor takes on a particular project that exceeds its turnover and there is a sudden delay in payment which occurs it could impact their cash flow and subsequent supply chain causing potential insolvency (to itself and sub-contractors) and risk to the completion of the project.

Question 18

CPD 1. How many CPD hours do RICS members have to do?

Answer 18

All RICS members must undertake and maintain 20 hours of CPD activity each year

Question 19

CPD 2. How is the CPD formal/informal requirement split?

Answer 19

of the 20 hours required at least 10 hours must be formal CPD

Question 20

CPD 3. How often do members need to do ethics related CPD?

Answer 20

Members need to undertake ethics related CPD once every 3 years at least

Question 21

CPD 4. What is ‘Formal’ CPD?

Answer 21

Any form of structured learning that has clear learning objectives.

Question 22

PT 1. What is Two-stage tendering?

Answer 22

Two stage tendering is used to allow the early appointment of a contractor, prior to the completion of all the information required to enable them to offer a fixed price.

In the first stage , a limited appointment is agreed allowing the contractor to begin work and in the second stage a fixed price is negotiated for the contract.

Question 23

PT 2. What is the difference between ‘Single stage’ and ‘Two stage’ tendering?

Answer 23

• Process broken down into two stage process. Useful for complicated schemes which would require/benefit from early contractor involvement, both to aid design team aswell as the Contractor for understanding the team.
• Single stage offer lump-sum fixed cost based on the invitation to tender docs. No ‘ECI’ stage, contractor prices for completing the design and the works (accepts and prices risk in his tender effectively, no collaborative de risking stage).
• Two stage enables the client to transfer design risk to Contractor, but the client inevitably loses leverage as the contractor becomes imbedded in the team and competition becomes less of a threat.

Question 24

PT 3. Do you have any experience of Procurement and Tendering?

Answer 24

Yes, on the Broadbridge Heath, Single stage OJEU, Competitive w/ negotiation.

Question 25

PT 4. What is a PCSA?

Answer 25

Pre-Construction Services Agreement (PCSA) enables a client to employ contractors before the main construction contract commences. Typically they (PCSA) are part of a two-stage process, used in the first stage to procure contractor involvement in the design process.

Question 26

PT 5. Why are PCSA’s used?

Answer 26

PCSA’s enable early involvement of the contractor into the design team. Allows contractor to;

• Contribute to the design process
• Advise on buildability, sequencing and construction risk
• Help develop cost plan and construction programme.
• NB, the Contractor is not always appointed to the 2nd stage

Question 27

ETh 1. What is P.I.I, and why is it required?

Answer 27

PII = Professional indemnity insurance provides insurance cover against claims of negligence.

• It will provide insurance upto a specified sum where negligence is proven to have been committed on the part of the service provider/consultant
• For the party taking out the insurance, it will also cover the cost of defending negligence claims.

Requirement of rule 9 by RICS’s rules for firms

Question 28

ETh 2. What is run-off cover (PII)?

Answer 28

Run off cover is a firm of PII that applies when a business, or individual stops operating in a particular field. Because business has been sold, administration or retired. To ensure client is protected in period prior to firm ceasing to trade.

RICS requires this to be done for 15 year after ceasing trade.

Question 29

ETh 3. Where would you get P.I.I cover policy?

Answer 29

RICS publish a list of insurers that is renewed annually

Question 30

ETh 4. What is ‘Locum’, why is it required?

Answer 30

A locum is a person who wull stand in for you (sole trader) while you are away from the office. requirement for sole practitioners. Another RICS member (local) Solicitor or an Accountant are suitable choices to appoint as a Locum.

Also, to comply with rule 12 of RICS rules for firms.