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.
How PV panels work
Solar photovoltaic (also known as solar PV) systems convert energy from the sun into electricity. Solar panels are made of a thin layer of semi-conducting material sandwiched between a sheet of glass and a polymer resin. When exposed to daylight, the semi-conducting material becomes ‘energised’ and this produces electricity.
The electricity goes through a inductor, converting it from Direct current to alternating current to make it usable electricity within the home, or it can be sold back to the national grid.
What environmental assessment methods are you aware of?
BREAM
Passivehaus Trust
SKA
DREAM
CIRAM
LEAD
Living Building Challenge
How BREAM is achieved / pass rate
A BREEAM assessment uses measures of performance across broad range of categories and criteria from energy to ecology to give an overall score of:
Pass (30%)
Good (45%)
Very good (55%)
Excellent (70%)
Outstanding (85%)
BREAM categories
There are 10 BREEAM categories and points are awarded for each. These categories are designed to improve sustainable performance at each stage of a building’s life, from conception through to their demolition.
* Ecology
* Pollution
* Waste
* Energy management
* Water consumption
* Health & wellbeing
* Resources
* Resilience
* Transport
- How to achieve DREAM credits
The use of the spaces are relative to Defence and dictate the criteria, for example the bands projects are considered a ‘commercial space’ but Trenchard is a ‘living accommodation’
Credits are then awarded based on categories including:
‘credits’ within each stage under the following categories:
* Biodiversity and Environmental Protection
* External Environmental Quality
* Energy
* Internal Environmental Quality
* Procurement
* Travel
* Water
* Waste
Credits are awarded under the above headings, it could include, consulting utility and water companies, undertaking a NZC assessment, providing a transport assessment, providing a preliminary ecology appraisal.
What is a construction bond?
A type of surety bond which protects against disruptions or financial loss due to a contractor’s failure to complete a project or failure to meet project specifications.
The three main types of construction bonds are bid, performance, and payment.
What is an On-demand bond and are you aware of any?
The beneficiary simply has to submit the bond and demand payment from the surety. It is not obliged to provide any evidence that the principal has breached or failed to fulfil its contractual obligations, so most principals are therefore reluctant to sign up to terms and conditions with on-demand clauses.
Bid bonds come in the following form: Bid bonds, advance payment bonds, payment bond, roads and drainage bond, off site material bond.
Types of bonds
Performance, bid, off site materials, advance payment bonds
Off site material bonds
Used when the contractor pays for materials before they are delivered to site
Protects the programme against delays
Defects liability Bond
Tied to the defects period , ensures the contractor continues to provide a service correcting any defects apparent after completion of the works.
Adjudication bond
Bonds requiring the bondsman to pay out based on an adjudicators decision.
Can you have a parent company guarantee and performance bond?
Yes a performance bond would only be enough to cover the cost of reappointing someone else to complete the works, a parent company guarantee however has the benefit of having another organisation responsible to come and complete the works.
What is a conditional bond?
The beneficiary has to prove that the principal has failed to meet their contractual obligations, and as a direct result they themselves have incurred financial losses. Typically take the form of a retention bond, which is issued by the surety to a specified client to guarantee and pay an agreed sum in the event of non-performance or principal insolvency.
What is an On-demand bond and are you aware of any?
The beneficiary simply has to submit the bond and demand payment from the surety. It is not obliged to provide any evidence that the principal has breached or failed to fulfil its contractual obligations, so most principals are therefore reluctant to sign up to terms and conditions with on-demand clauses.
Bid bonds come in the following form: Bid bonds, advance payment bonds, payment bond, roads and drainage bond, off site material bond.
Performance bond
A surety bond for the client to support the contractor’s obligations during a contract period providing security against default or non-performance
Used to protect the client against the contractor failing to fulfil their contractual obligations
Usually set at 10% of the contract sum
Ensures the client has the funds to overcome issued of non performance / funds to appoint a new contractor.
Bid / Tender bond
Used to discourage a bidder from abusing the bidding process
Submitted with a tender and ensured the contractors commitment to start a project
Can discourage smaller companies from tendering.
Advance payment bond
Used when advanced payment is made for construction goods or services
Protects the employer in case something goes wrong with the execution of service or good received.
Off site material bonds
requested by an Employer to cover their exposure should materials not be delivered to site as agreed in the Contract
Adjudication bond
Bonds requiring the bondsman to pay out based on an adjudicators decision.
X Clauses used on Trenchard
X1 – Price adjustment for inflation
X5 – Sectional Completion
X7 – Delay Damages
X13 – Performance bond
X16 – Retention
X18 – Limitation of liability
X20 – KPI’s
What is a bond
A bond is a form of guarantee which for clients can be called upon in the instance of breach against the relative bond
They are can be conditional where a breach must be proven, such as a performance bond
Or can be non-conditional which means that the bond is not subject to specific conditions that the contractor must meet for the bond to be valid and due to this are less often used,
Tell me everything you know about Asbestos?
Asbestos is the term used for the fibrous forms of several naturally occurring minerals, which are found throughout the world.
Asbestos is considered a deleterious material
Asbestos materials in good condition are safe unless fibres become airborne, which happens when materials are damaged
1960s 1980s and it was extensively used when building post-war New Towns.
The Health and Safety at Work Act was introduced in 1974 and this enabled the government to bring in subsequent legislation aimed specifically at asbestos, as the harmful effects on the body became better known.
1999 all forms of asbestos were banned
The Management of Health and Safety at Work Regulations 1999 - employers must carry out risk assessments to eliminate or reduce risks. In the context of our projects it would be a risk assessment, request for the asbestos register, and depending on the nature of work an R&D survey.
The Control of Asbestos Regulations 2012 impose regulations around managing and handling asbestos and implementation of asbestos management plans.
Types of asbestos?
- Crocidolite (blue asbestos)
rare
extremely strong
withstand very high temperatures
Common uses included lagging and sprayed coatings. - Amosite (brown asbestos)
withstand very high temperatures
resistant to acids and alkalis
highly dangerous if inhaled
commonly used for pipe lagging and insulating boards. - Chrysotile (white asbestos)
accounts for the majority of asbestos used in the UK.
considered the least dangerous
used in asbestos cement products, vinyl floor tiles, and woven products such as fire gloves.
Common uses for asbestos:
sprayed coatings
pipe insulation
Asbestos Insulating Board (AIB) used for ceiling, door and window panels
floor tiles
asbestos cement products
textured coatings (such as Artex).
Common illnesses resulting from asbestos exposure:
Mesothelioma - a cancer which affects the mesothelium, the protective lining that covers many of the internal organs of the body. Typically takes 30 to 40 years to develop. Is almost always fatal and is particularly linked to crocidolite and amosite asbestos.
Asbestos-related lung cancer. The disease can take 10 to 30 years to develop from a first exposure.
Asbestosis - This is a serious scarring of the lung that normally occurs after heavy exposure over many years. Can take 15 to 60 years to develop. In severe cases it can be fatal.
Pleural diseases - The lining of the lung (pleura) thickens and swells causing shortness of breath and discomfort in the chest. Caused after heavy exposure.
What do you do if you find asbestos on site?
If you believe you have found asbestos:
* Evacuate the area and prohibit further access
* Leave all contaminated material in the area
* Make no attempt to clean the area
* Report the incident to a supervisor
* Complete an incident report
Asbestos removal
Asbestos can only be removed or disposed of by a licensed Class A or Class B asbestos removalist who is trained and equipped to protect themselves, as well as the people and environment around them from the dangers of asbestos dust and fibres. The service includes the safe removal of the materials from the worksite along with the cost of lawful disposal.
* Class A licence-holders are permitted to remove both friable and non-friable asbestos
* Class B licence-holders are permitted to only remove non-friable (solid) asbestos materials
Notifiable and licensable removal of asbestos.
Classification determined by The Control of Asbestos Regulation 2012.
Notifiable Asbestos: Notifiable asbestos materials are those that are considered to pose a higher risk to health and require specific notification to HSE before work can be carries out. (e.g., Asbestos insulation board, Sprayed coatings)
Non-Notifiable asbestos: Non-notifiable asbestos materials are those that are considered to have a lower risk of releasing asbestos fibers and do not require specific notification to the HSE before work can be carried out. However, these materials still contain asbestos and must be handled with care. (e.g., Asbestos cement products, asbestos floor tiles, artex).
What is asbestos?
Asbestos is the term used for the fibrous forms of several naturally occurring minerals, which are found throughout the world.
Asbestos is an extremely versatile product with the following properties:
*high tensile strength – can be woven
*low electrical conductivity
*chemical resistant
*fire resistant
*binding agent.
Regulation associated with asbestos
o The Health and Safety at Work etc Act 1974
o The Management of Health and Safety at Work Regulations 1999
o The Control of Asbestos Regulations 2012
The Control of Asbestos Regulations 2012
These regulations deal specifically with asbestos and the main requirements are as follows.
*Employees responsible for building maintenance have a duty to manage the asbestos in them.
*If existing asbestos-containing materials are in good condition and are not likely to be damaged, they may be left in place, and their condition monitored to ensure they are not disturbed.
*If you want to do any building or maintenance work in buildings that might contain asbestos you need to identify where it is and its type and condition. Assess the risks, and manage and control these risks.
*In the majority of cases work with asbestos needs to be done by a licensed contractor.
*The control limit for asbestos is 0.1 asbestos fibres per cubic centimetre of air (0.1 f/cm3). Work activities involving asbestos must be reduced to as far below the control limit as possible.
Duty to manage asbestos
The duty to manage asbestos is contained within Regulation 4 of the Control of Asbestos Regulations 2012. It requires the person responsible (the dutyholder) to:
*take reasonable steps to find out if there are any asbestos-containing materials (ACMs) in a premises, and if so, where it is and the condition it is in
*make, and keep up to date, a record of the location and condition of the asbestos-containing materials
*prepare a plan of how these materials will be managed
*periodically review the plan and ensure it is kept up to date
*provide information on the location and condition of the materials to anyone who is liable to work on them or disturb them.
asbestos risk register
The asbestos risk register is key to managing any asbestos items found, or presumed to be, in your buildings.
The risk register needs to be updated regularly (at least once per year) and should contain the following:
*current information on the presence and condition of asbestos items
*information when any asbestos items are removed
*any new asbestos items found when new areas are surveyed.
What are the key differences between NEC3 & NEC4
Gender neutral language
Client replaces employer
Scope replaces works information
Early Warning Register replaces Risk Register
The Contractor’s design replaces limitation of the Contractor’s liability for their design to reasonable skill & care
Dispute resolution board introduced
Thomas Kilmann conflict model
Identifies five primary conflict resolution styles that individuals may use when faced with conflict situations
Competing (Assertive, Uncooperative): In this mode, individuals pursue their own concerns at the expense of others. They assert their own position forcefully and are not very cooperative. This style is appropriate when quick and decisive action is needed or when unpopular decisions must be made.
Collaborating (Assertive, Cooperative): Collaborating involves working together with the other party to find a mutually beneficial solution. This style requires open communication, active listening, and a commitment to finding win-win outcomes. It is appropriate for complex issues that require creative problem-solving.
Compromising (Moderately Assertive, Moderately Cooperative): Compromising involves finding a middle ground where both parties make concessions to reach a mutually acceptable solution. This style is suitable when time is limited, and both parties need to make concessions to move forward.
Avoiding (Unassertive, Uncooperative): Avoiding is characterized by sidestepping or postponing conflict. Individuals using this style tend to withdraw from the situation or ignore the conflict altogether. Avoiding may be appropriate for minor conflicts, situations where emotions are running high, or when more important issues need attention.
Accommodating (Unassertive, Cooperative): Accommodating involves prioritizing the needs and concerns of the other party over one’s own. Individuals using this style are cooperative and willing to yield to maintain harmony. Accommodating is appropriate when preserving relationships is more important than the specific issue at hand.
What are the key financial statements that all companies must provide?
Profit and loss account
balance sheet
cash flow
What is the difference between management and financial accounts?
Management accounts are for the internal use of the management team. Financial accounts are the company accounts required by law.
What is liquidity?
The readiness and availability of cash within a business
What is profitability?
A company’s ability to generate profit or financial gain from its operations over a certain period.
