Summary of Experience Flashcards
You mention that you implemented a more rigorous review process for checking tender documents before release, can you tell me what additional measures you implemented.
- At commencement the project had not yet migrated onto project Wise, I ensured that the project migrated ensuring adherance the PCRA process.
- I also collated a micro programme identifying for documents who would undertake a peer review external from the project, who would review from a project perspective and who from a senior leadership role would review documents
PCRA
Produce, check, Review and approve
You reference funding regulations, what funding regulations did you have to adhere to?
The project has to adhere to public procurement rules and Defence and Security Public Contracts Regulations
what are deleterious materials, and can you give me an example of some
A deleterious material are prohibited for use as they can cause harm to people, the surrounding environment or infrastructure.
Common deleterious materials which would be present in my current projects includes:
* Asbestos
* Led based paint
* PUL
* High Alumina cement or concrete
* Woodwool slab
* MMMF
* Black ash mortar
What is CLT?
Cross Laminated Timber - a type of engineered wood product that is used as a sustainable and renewable building material
CLT is formed of kiln-dried spruce or pine boards which are stacked in layers on top of each other at 90° (three, five, seven or nine layers depending on structural requirements), coated with a layer of polyurethane adhesive and subjected to immense hydraulic pressure to create large, stiff, dimensionally stable panels.
These timber panels, which can measure up to 3.5m in width and 20m in length, depending on specification, can be used to create the complete superstructure of a building. CLT panels are precision cut by CNC machines (from 3D CAD drawings) and delivered to site to be installed
What are the RIBA stages?
- RIBA 0 – Strategic definition
- RIBA 1 – Preparation & brief
- RIBA 2 – Concept design
- RIBA 3 – Spatial co-ordination
- RIBA 4 –Technical Design
- RIBA 5 – Manufacturing & construction
- RIBA 6 – Handover
- RIBA 7 – Use
Are you aware of any NZC strategies your company are employing?
Arcadis have a clear ambition split into three pillars - Client Solutions: Delivering sustainable outcomes, Business Operations: Our footprint, People and Communities: Driving better outcomes for all.
However, have a focus on NZC and a target to becoming a net zero company by 2035 and we have set specific goals to accomplish this over the coming years, including a 2035 full value chain net zero target aligned with the UN Race to Zero.
This is to be achieved through achieving a series of milestones, set in 2019, the next milestone being to reduce flight emissions by 50% by 2025, then to halve company emissions by 2028.
Are you aware of any NZC strategies your clients are employing?
The MOD are working towards net zero by 2050 ambitions, whilst aligning with the Greening Government Commitments to ensure short term actions are taken, as well as contributing to the long-term strategy by reducing emissions and scaling up the transition to renewables
* By 2025: Defence has reduced its built estate emissions by at least 30%
* By 2025: Climate change implications are consistently and appropriately considered across military decision-making.
* By 2025: Data has laid the foundations for Defence to actively manage sustainability targets.
* By 2025: The Defence Support Organisation understands its dependencies and chosen approach on cleaner, resilient energy options
What is ADR and what is the hierarchy of options
Alternative Dispute Resolution is a way to resolve disputes between clients and firms after an internal complaints procedure has been exhausted.
This would be
Negotiation
Mediation
Adjudication
Arbitration
Litigation
What is the difference between Adjudication and arbitration
1
- Adjudication is typically a quick, interim resolution process used in construction disputes to keep a project moving. It involves a neutral third party, often an adjudicator, making a binding decision on the dispute.
- Arbitration is a more formal and final dispute resolution process where a neutral arbitrator or a panel of arbitrators hears evidence and arguments from both parties and issues a binding decision that is enforceable in court.
- Adjudication is often used to resolve specific issues that arise during a project quickly to keep the project on track. The decision made in adjudication is usually binding temporarily until a final resolution is reached.
- Arbitration is generally used to resolve disputes that parties have agreed to submit to arbitration in a contract. The decision made in arbitration is final and binding, and it is enforceable in court.
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Decision-Making:
- In adjudication, the adjudicator’s decision is usually made based on the evidence presented and relevant laws or contract terms. The decision is typically made quickly to maintain progress on the project.
- In arbitration, the arbitrator’s decision is made after a more formal process that may involve hearings, witnesses, and the presentation of evidence. The decision is final and binding on the parties.
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Enforceability:
- Adjudication decisions are often temporary and can be challenged or revised in subsequent proceedings. They are usually not directly enforceable in court.
- Arbitration decisions are final and binding, and they can be enforced in court if necessary through a court judgment.
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Cost and Time:
- Adjudication is generally quicker and less expensive than arbitration because it is designed to provide a rapid resolution to specific issues.
- Arbitration can be more time-consuming and costly, especially for complex disputes that require extensive evidence and legal arguments.
Overall, while both adjudication and arbitration are alternative dispute resolution methods, they differ in terms of their nature, purpose, decision-making process, enforceability, and cost. Parties should consider these differences when choosing the appropriate method to resolve their disputes.
What is the process of adjudication?
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Initiation (Timeline: Few days to a few weeks):
- One party files a complaint or claim against the other party to initiate the adjudication process.
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Response (Timeline: Few days to a few weeks):
- The other party responds to the claim and presents their side of the story within a specified timeframe.
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Evidence (Timeline: Few weeks to a few months):
- Both parties submit evidence to support their claims, which can include documents, witness testimony, or expert opinions.
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Hearing (Timeline: Few hours to several days):
- A formal hearing is conducted where both parties present their case, question witnesses, and rebut arguments made by the other party. The scheduling of the hearing depends on the availability of parties, witnesses, and the adjudicator.
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Decision (Timeline: Few days to a few weeks):
- The adjudicator reviews the evidence and arguments presented and makes a decision based on the facts and applicable law within a specific timeframe after the hearing.
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Judgment (Timeline: Few days to a few weeks):
- The adjudicator issues a written judgment outlining the resolution of the dispute and any remedies or damages awarded within a specified timeframe after making the decision.
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Enforcement (Timeline: Varies):
- If one party fails to comply with the adjudicator’s decision, the other party may seek enforcement through legal means. The timescales for enforcement actions can vary significantly depending on the legal system and enforcement mechanisms involved.
These timescales are approximate and can vary based on factors such as the complexity of the case, the legal system in which the adjudication takes place, and the availability of parties and adjudicators. Parties involved in the adjudication process should be mindful of deadlines and timelines to ensure the process moves forward efficiently.
What are the benefits to PCRA
- Produce, check, Review, Approve
- Manages quality control
- provides a good level of service and client care
- provides an audit trail showing due diligence
- Lessens the chance of negligence or breach of contract in relation to the document produced
What were the reasons for the cost increases in your case study from the approved budget to the ROC
- There was a significant timelapse between the two, market conditions at the time played a critical role in the increases.
- PTE was also higher than the budget due to the Timelapse and completion of RIBA 3
- Increase in building materials due to post covid / Brexit and start of Russia Ukraine saw
- Higher inflation levels
- Higher risk allowances
There were assumptions which the contractor had raised as TQ’s which were yet to be confirmed - BCIS & Indigo indices were used to inform the budget, and at time of ROC percentages had increased
Why did the cost further raise between the ROC and final tender return
- The QDC requirement meant the contractor needed 3 quotations per works package which hadn’t been concluded at ROC. By final tender return these were received in part and due to Russia Ukraine / Brexit & Covid the prices were inflated
- Unknowns / assumptions raised as TQ’s were not able to be clarified meaning assumptions and therefore contractor added an allowance of risk
- Inflation
- Cost of materials
- The increase on programme due to the increased tender period meant an increase on the contractors OH&P & prelims
You mention you advised your client on the implications of them not paying the contractor against the specified timescales, what are the steps the contractor must take before suspending works?
Conditions that must be met by the contractor in order to suspend performance due to non-payment
For Trenchard Conditions are outlined in Clause 91.3 of the NEC3 ECC Option A contract, these include:
* Issuing a warning notice: The contractor must issue a warning notice to the project manager, stating their intention to suspend performance due to non-payment. The notice must specify the amount that is outstanding and the date by which payment should have been made.
* Allowing a reasonable period: The contractor must allow a reasonable period of time after issuing the warning notice for the project manager to make the payment. The specific length of this period may depend on the circumstances and the terms of the contract.
* Compliance with the dispute resolution procedure: The contractor must comply with the dispute resolution procedure outlined in the contract. This may involve attempting to resolve the payment dispute through negotiation or other prescribed methods before resorting to suspension of performance.
* Giving notice of suspension: If the payment is not made within the specified period after issuing the warning notice, the contractor must give a further notice to the project manager stating their intention to suspend performance. This notice should specify the date from which performance will be suspended.
* Immediate termination restriction: The contractor is restricted from immediately terminating the contract due to non-payment. Suspension of performance is the prescribed remedy in this situation.
You note a reasonable period (related to the initial non payment notice), what did you advise your client a reasonable period would be?
What would you advise your client they need to do should the contractor suspend works?
What are the disadvantages to tendering on a framework?
- Limited opportunity or possible interest due to pre-selected suppliers
For example on the bands project recently, similar contractors are across the LOT’s available and most are at capacity which limits the options for which the project can proceed - Rigid T&C’s can sometimes deter new entrants
- It deters new entrants
- Can be admin heavy in terms of compliance with framework requirements
How does Defence specific regulations impact design or materiality
- CTM impacts materiality. For example on Wellington, windows facing onto the street must be steel framed, where as those facing internally can be UVPC.
- Stand off distances must be considered for certain types of infrastructure
- Compliance with JSP’s
- Structural JSP 375 Management of Health and Safety in Defence
- Acoustics JSP 850
- Architect - 315 building performance standards
You mention new ways of working, what were these?
Many were in relation to management of stakeholders of managing the project which was new to my client, but not new to the industry.
This included, integrating stakeholders earlier, including the client in design workshops.
From a new technology perspective though, it was use of smart sheets to digitalise the project and streamline the reporting procedures in turn creating efficiencies in the programme
With your identification of a poor performer being internal, does this create a possible conflict of interest?
I am aware this is one of the difficulties with managing an internal team, however want to ensure I am acting in the best interest of my client.
This does create the possibility for a C of I, however I remained transparent with the client regarding the process and updating them.
Can you define sustainability?
Meeting the needs of the present without compromising the ability of future generations to meet their own needs.”
What is BREEAM?
The Building Research Establishment Environmental Assessment Method (BREEAM)
- Sets best practice standards for the environmental performance of buildings through design, specification, construction and operation.
- Can be applied to new developments or refurbishment projects.
- Creates certainty that the required standard of environmental best practice is being adopted on a project.
- Used as a marketing tool for potential purchasers or tenants.
- BREEAM assessments are carried out by trained assessors based on the following criteria: Energy, Land Use and Ecology, Water, Health and Wellbeing, Pollution, Transport, Materials, Waste, and Management.
- Each of the above points is scored and then multiplied to make the total score.
- There is a minimum requirement for each of the criteria.
What are the differences between DREAM & BREAM?
The DREAM tools were developed by MOD to specifically address the unique nature of MOD
buildings and to offer an alternative to the industry equivalent BREEAM.
DREAM - environmental assessment tool for New Building and Refurbishment projects on the Defence Estate. Defence Related Environmental Assessment Methodology, specific to assess the environmental performance of buildings specific to the Defence Estate.