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.
-
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?
-
Initiation (Timeline: Few days to a few weeks):
- One party files a complaint or claim against the other party to initiate the adjudication process.
-
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.
-
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.
-
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.
-
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.
Debtor
A debtor refers to an individual, business, or entity that owes money to another party, known as the creditor. A debtor represents an outstanding receivable or an obligation to repay a debt.
Creditors
Where your firm owes another firm money
What is a balance sheet?
summarizes the assets, liabilities, and shareholders’ equity of a business or individual at a specific point in time
What is cashflow?
The net amount of cash into and out of a business
- If more money is coming into the business than is going out of it, cash flow is said to be ‘positive’. If more money is going out, this is negative cash flow
- In construction, the term ‘cash flow’ typically refers to an analysis of when costs will be incurred and how much they will amount to during the life of a project
- Predicting cash flow is important in order to ensure that an appropriate level of funding is in place and that suitable draw-down facilities are available
What is a cash flow statement?
A snap shot of the income and expenditure in a period of time showcasing the finiancial health of a company
What is a profit and loss statement?
Summarises a company’s income and expenditure and the resultant profit or loss
What is the Companies Act 2006?
‘Companies Act 2006
- The main piece of legislation which governs company law in the UK
- Aims to: modernise and simplify company law, codify directors duties, grant improved rights to shareholders, and simplify the administrative burden carried by UK companies
- Companies must do the following:
- Provide an annual summary of their capital and shares by means of a statement of capital
- Provide an up-to-date list of directors with their names, service address and business occupation
What motivation theory do you use
Hertzberg’s motivation theory
Hypothesized that job satisfaction and job dissatisfaction were independent of each other and that the provision of more hygiene factors will not motivate beyond a certain point. Such as interpersonal relations, salary, company policies and administration, relationship with supervisors and working conditions.
The true motivators will have the biggest influence on the motivation of the individuals within the team, such as achievement, recognition, work itself, responsibility, advancement.
The top factors causing dissatisfaction and satisfaction for individuals when considering their workplace, conditions, policy, supervision, relationships.
Leadership theory you use
McGregor X and Y Theory
McGregor’s X and Y Theories are contrasting theories that depict two different aspects of human behaviour at work. Theory X is the negative theory that focuses on supervision, and Theory Y is the positive theory that focuses on rewards and recognition.
Theory X is an authoritative approach to motivating employees where the manager has a pessimistic opinion about their team members. Managers believe employees are not motivated because they dislike the work. Therefore, they have to motivate their employees with a carrot and stick approach. The approach focuses on persuading employees to complete work by motivating them with incentives and punishing them if they cannot complete the task. Managers follow their team members until they complete the task.
Theory Y contradicts Theory X; in this approach, managers believe that control does not motivate employees. Instead, self-actualization, self-esteem, and social needs must be fulfilled to motivate the team members
Theory Y is a participative approach to enhance employee motivation where the manager has an optimistic view of their team members. Managers assume that employee demotivation can be solved collaboration, trust, and team relationships are enhanced.
Situational leadership
Hersey Blanchard ]
This is when the leader of an organisation must adjust his style to fit the development level of the followers he is trying to influence.
With situational leadership, it is up to the leader to change his style, not the follower to adapt
The style may change continually to meet the needs of the organisation based on the situation; it includes supporting, delegating, coaching and directing
Types of situational leadership
Delegating - Low directive and low supportive behaviour
Participating - Low directive and high supportive behaviour
Coaching - High directive and high support
Directing - High directive low support
Take a participating role with TSP support their role and outputs and give freedom to input but low directive as I am not specialised in their area of work
Take a coaching role with the graduates
What is bribery?
Giving someone an advantage in return for a reward
What is corruption?
The misuse of public office or power for private gain, or misuse of private power in relation to business practice and performance
What is money laundering?
Disguising money to appear as from a legitimate source
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What is GDPR?
General Data Protection Regulation (GDPR) 2018
- A major shakeup in data protection laws. GDPR’s reach is global
- Any company that offers goods or services to anyone in the EU or UK may be required to comply
- More comprehensive than DPA 2018
Significant fines for breaches. Based on company turnover
What are the GDPR principles?
Lawfulness, fairness, and transparency
Leave the individual fully informed
Purpose limitation
must inform your clients about the Purpose of the data collection
Data minimisation
collect the minimum data you need
Accuracy
where necessary kept up to date, erase inaccurate personal data without
Storage limitations
Retain the data for a necessary limited period and then eras
Integrity and confidentiality
Keep it secure, locked filing cabinet or fire wall
Accountability
Record and prove compliance
What is the timescale for reporting a breach under GDPR?
You must report a notifiable breach to the ICO without undue delay, but not later than 72 hours after becoming aware of it
- If you take longer than this, you must give reasons for the delay
What is the Data Protection Act 2018?
‘Data Protection Act 2018
- The UK’s implementation of GDPR.
- Framework for data protection law in the UK, including the way in which GDPR is implemented.
- Enforces how people and company’s should obtain, store, share, and use personal data
What are the key data protection principles under DPA 2018?
- Lawfulness, fairness and transparency leave the individual fully informed
- Accuracy – where necessary kept up to date, erase inaccurate personal data without dela
- Minimisation – collect the minimum data you need
- Storage limitation – Retain the data for a necessary limited period and then eras
- Purpose limitation – must inform your clients about the Purpose of the data collection
- Accountability – Record and prove compliance
- Security - Integrity and confidentiality Keep it secure, locked filing cabinet or fire wall
What are your rights under DPA 2018?
All data subjects have the right to:
- Be informed about how your data is being used
- Access your personal data
- Request for your data to be changed
- Have data erased
- Question the reasoning behind any automated decisions.
- Stop or restrict the processing of your data
What do you do in the instance of identifying a tender error?
How does NEC account for this - review with Mike F
What was returned as part of the first stage tender on WB AEMP?
Technical against ROR’s - understanding scope, key personnel, BIM, sustainability, methodologies, H&S, fire, social value
Price -
Why you want to become an RICS member?
Firstly as it provides me with an additional layer of competence, and to become a member of a highly regarded establishment.
But having started this journey as an apprentice with no experience in this role or even in the workplace, it’s a real personal achievement to have got this far and know that I have manged to get this far.
Trending topics in the industry / defence space.
Inflation post covid & Russia Ukraine is affecting material costs and overall project costs
Allocation of funding within the military is constantly moving due to the current climate seeing project’s paused or funding constrained further
There is a push towards DREAM and sustainability targets and projects due to NZC 2050 targets
Use of MMC specifically modular is being pushed due to speed
Larger contractors are bidding again and highly interested post covid due the end of a significant number of programmes and or other bid losses
smaller / medium contractors are less interested in work as they don’t have capacity or capability to deliver the specialist requirements (bands) or MMC
Considerations / risks / issues with merging AEMP & CAMUS project
CAMUS was updated and merged into AEMP as RIBA 2 was developed
There was an exercise to rename, revalidate and re-issue documents
Within the tender there was clear separation that the projects were designed to different RIBA stages
Type of construction & demmo at WB bands
Demolition of entire external halls
Demo of internal partitions
New halls to be a steel frame which also addresses the CTM requirements
Externally lime washed brick,
Solid roof - steel frame & concrete sloped faces of varying gradient and bronze cladding
2 types of cash flow
This was a slight error in my documents and was supposed to reference the two types of cash flow forecast which includes:
-
The cash flow forecast of a company (i.e. a contractor or consultant) – otherwise known
as organisational cash flow. -
The cash flow forecast of a particular construction contract or project – otherwise
known as project cash flow.
What legislation specifically must the facilities comply with from a H&S perspective?
H&S @ work Act 1974
JSP 315 building performance
Building regulation E - resistance to sound
Legislation defining and governing deleterious materials
- Health and Safety at Work etc. Act 1974
- The Control of Asbestos Regulations 2012
- CDM 2015
- Control of Substances Hazardous to Health Regulations 2002 (COSHH)
- Environmental protection Act
Reasons for programme rejection
the Contractor’s plans which it shows are not practicable,
it does not show the information which the contract requires
it does not represent the Contractor’s plans realistically or
it does not comply with the Scope
What are you looking for within the programme to accept
starting date
access dates
order & timing of works
float
TRA
Each month:
the actual progress achieved on each operation and its effect upon the timing of the
remaining work
how the Contractor plans to deal with any delays and to correct notified Defects and
any other changes which the Contractor proposes to make to the Accepted Programme
Acoustic treatments or methods adopted to ensure noise compliance within construction
Each space has a specified decibel rating which cannot be exceeded and dictates the wall build up and floor considerations and must be adhered to
EG in the rehearsal halls with the highest decibel rating, it must be
▪ Blockwork wall – 140 mm medium dense block
▪ Gypframe Universal GL1 Lining Channel framework fixed to one side to give 85 mm cavity
▪ 50 mm mineral wool insulation (>24 kg/m3)
▪ Two layers of 15 mm SoundBloc
Others include: Acoustic panels & consideration of MEP where needed ie AHU, duct work on branches and dampers
What is Lionheart
Personal, flexible support for all RICS professionals and their families to overcome life’s unexpected challenges
How do you build float into a programme
Float is built in by giving additional time to activities durations, for example allowing 3 weeks against a 2 week sign off period in the programme
You mention you provided the AEMP fee proposal, what did you do and how was this calculated
I took the scope, duration and core services required as specified in the client briefing document.
Services included those I recommended use of such as a planning consultant were programmed for in the bid book for the durations required and multiplied by the rates specified by the CCS framework which we are limited to, to provide an overall fee for the services.
When does a cost plan become a cost report
At RIBA 5 when construction works commence and a price is agreed
What do you do if your client wanted to pay in cash
Decline, as it is firstly a red flag in proving the source and legitimacy of the money, but inline with the AUK policy cash cannot be accepted as payment.
If you were to set up your own firm under RICS would you be able to accept cash
Yes however I must be in adherence with the RICS Bribery, corruption, money laundering, terrorist financing professional standard, and the RICS handling client money professional standard.
I am aware there are limits to the amounts you would be able to accept and the need to declare them, however would refer to the guidance and regulation regarding this before proceeding in this instance.
What is specified in one of your projects contract with the client regarding conflict avoidance and dispute resolution
W2 - Used when adjudication is the method of dispute resolution
If the Parties agree, a dispute arising under or in connection with the contract is referred to the Senior Representatives.
If the dispute is not resolved by the Senior Representatives, it is referred to and decided by the Adjudicator.
The Party referring a dispute notifies the Senior Representatives, the other Party and the Project Manager of the nature of the dispute it wishes to resolve. Each Party submits to the
other their statement of case within one week of the notification. Each statement of case
is limited to no more than ten sides of A4 paper together with supporting evidence, unless
otherwise agreed by the Parties
The Senior Representatives attend as many meetings and use any procedure they consider
necessary to try to resolve the dispute over a period of up to three weeks. At the end of this
period the Senior Representatives produce a list of the issues agreed and issues not agreed.
The Project Manager and the Contractor put into effect the issues agreed
You mention you ‘managed the process of elevating a proposed
instruction to a project managers instruction (PMI)’ talk me through this process
Under CEMAR a proposed instruction can be used and a quotation requested by the contractor. The purpose being to understand the cost or time implication, accepting it when ‘proposed’ The Contractor does not put a proposed instruction into effect
To elevate it I request a formal quotation and issue a PMI, which the contractor must reply within three weeks, I then have two weeks to respond and on Trenchard have accepted. When accepted, or I make my own assessment a CE is implemented.
Insurances required by the contractor, and those specified in the contract for AEMP.
- Third-Party Public & Products Liability Insurance
- Professional Indemnity Insurance
- Contractors “All Risks” Insurance
policy designed to provide coverage for construction projects and contractors against a wide range of risks and perils that may occur during the construction process. Ie material damage, own plant and equip, third party liability
In relation to PII, what is a claims made basis vs in the aggregate .
A claims made basis - A claims-made basis is a type of insurance coverage that responds to claims reported during the policy period, regardless of when the incident leading to the claim occurred. The maximum amount paid is for each claim across the period of cover.
in the aggregate - The policy limit is the maximum amount the insurer will pay for all covered claims during the policy period, regardless of the number of individual claims made.
What is a liability cap
A liability cap, also known as a limitation of liability clause, is a contractual provision that sets a maximum limit on the amount of liability that one party can be held responsible for in the event of a breach of contract, negligence, or other legal claims.
Defined roles under NEC
PM
The individual appointed by the Employer to manage the project on their behalf
Client
he party for whom the works are being undertaken.
contractor
The party responsible for carrying out the construction works in accordance with the contract requirements.
Supervisor
inspects the works, issues defects certificates, and monitors compliance with the contract requirements.
** Service provider**
responsible for delivering the specified services in accordance with the contract terms.
Adjudicator
An impartial and independent third party appointed to resolve disputes between the parties
A data subject (“individual”) has the following rights under the GDPR and Data Protection Acts 1988-2018:
the right to be informed
the right of access
the right to rectification
the right to erasure/right “to be forgotten”
the right to restrict processing
the right to data portability
the right to object
rights in relation to automated decision making and profiling
GDPR / data protection principles
Lawfulness, fairness, and transparency
Purpose limitation
Data minimisation
Accuracy
Storage limitations
Integrity and confidentiality
Accountability
How electricity is transported from the PV to the building for use
Once the electrical current passes through the inductor its taken from a direct to indirect current.
This is then is directed through cabling to the building’s distribution panel, which distributes electricity to various circuits and outlets throughout the building.
Dispute & secondary options within AEMP contract
W2 adjudication HGCRA 1971
Option X4: Ultimate holding company guarantee
Option X5: Sectional Completion
Option X7: Delay damages
Option X8: Undertakings to the Client or Others
Option X9: Transfer of rights
Option X10: Information modelling
Option X13: Performance bond
Option X16: Retention
Option X18: Limitation of liability
Building regulations
A – Structure
B – Fire safety
C - Site preparation and resistance to contaminants and moisture
D – Toxic substances
E – Resistance to the passage of sound
F – Ventilation
G – Sanitation
H – Drainage and waste disposal
J – Combustion appliances and fuel storage systems
K – Protection from falling collision and impact
L – Conservation of Fuel and power
M - Access and use of buildings
P – Electrical safety – dwellings
Q – Security dwellings
O - Overheating
S - Infrastructure for Electric vehicle charging
Why was CLT recommended on RMA & SJM and what benefits did you advise of it’s use to your client
Aware of DIO & MoD’s sustainability targets and their next milestone being by 2025 that sustainability is considered and implemented at all times
Can be used to form the entirety of the superstructure including walls not just frame like a traditional frame
Leave exposed
Quality control
Does need design confirmed at an early stage
Reasons for dissolving or unregistering a firm
merger
insolvency
retirement
RICS document hierarchy
Professional standards
These are the documents which set requirements for competent and ethical practice e.g. our existing professional statements and rules of conduct
Practice information
These documents provide advice or practice support to RICS members and firms eg existing guidance notes
RICS structure
- Governing Council
- RICS board & Standards & Regulations Board
- Committee’s - Nomination & renumeration, Audit, risk & assurance committee
- steering groups & professional groups
Fine for GDPR / Data protection Act non compliance
The ICO under their March 2024 guidance clarified in line with the UK Data Protection Law, fines for non compliance will be relative to the offence but a maximum of the higher of £17,500,000 or 4% of the concerned undertaking’s total worldwide turnover.
Timescales associated with adjudication
- Dispute crystaliseses
- Confirm appointment of adjudicator - 7days
- Notice of adjudication 7days
- Response from other party 7 days
- Referring party response 3 days
- Final decision from adjudicator 4 days
- **28 days in total
RICS stance on social media
The standards expected of members do not change because they are communicating through social
media rather than face-to-face or other traditional media
Rules of Conduct are intended to safeguard the high standards of professional behaviour expected of
RICS members and, in so doing, protect the interests of members and the profession as a whole.
RICS is more likely to start investigations into social media posts that:
* are discriminatory
* are dishonest
* are abusive or threatening, or likely to cause significant harm, distress or offence to a person
* bully, harass or victimise a person or people
* show a pattern of frequent or a large number of concerning communications
* ignore previous advice or warnings about concerns
A specific example of when I have acted upon client feedback
Adoption of a different approach to how the progress meetings were presentsed to stakeholders to make them less technical and provide a high level overview to ensure all parties presente could understnd and follow the information, therefore making it more inclusive.
What specific CPD activities are you going to do this year?
What competencies will it hit?
- AWPM training - Project finance & managing projects
- NEC 4 training, especially regarding review of the contract - managing projects / programming & planning
- Asta training - Programming & planning
- GSL HOS - leading projects / managing projects
Modern Day Slavery Act? When procuring a project what provisions are in place for this?
Within the technical requirements of response there is a social value element qhich equates to 10% of the tender. Broken down into four catagories and included is moder slavery.
There is proof required to prove supply chain mapping is undertaken to reduce the risk of modern day slavery, and what the contractor does in terms of supporting victims of modern slavery
under the contract.
What is a negotiation
It simply involves the parties engaging in meaningful dialogue with the joint aim of achieving a mutually agreeable outcome
What is client care
Three pillars of sustainability
Three Pillars of Sustainability
-
Environmental Sustainability:
- Environmental sustainability focuses on preserving and protecting the natural environment and ecosystems. It entails minimizing resource consumption, reducing pollution and waste, conserving biodiversity, and promoting renewable energy sources. The goal is to ensure that current and future generations can enjoy a healthy and thriving planet.
-
Social Sustainability:
- Social sustainability emphasizes the well-being, equity, and inclusivity of communities and individuals. It involves promoting social justice, human rights, diversity, and fair labor practices. Social sustainability aims to create societies that are safe, healthy, inclusive, and provide opportunities for all members to thrive.
-
Economic Sustainability:
- Economic sustainability centers on fostering economic growth and development that is both viable and equitable in the long term. It involves balancing economic prosperity with social and environmental considerations. Economic sustainability includes practices such as responsible resource management, fair trade, ethical business practices, and investments in innovation and infrastructure to support long-term prosperity for all stakeholders.
Sustainability related building regs
Part L - Conservation of fuel & power
CDM vs BSA
- CDM is H&S related for duty holders
- BSA is in relation to Building regulation compliance
Benefits to the 1st stage in a 2 stage tender
- Enabling works can commence
- Time - early involvement
- Supply chain management
- Early involvemtn and input on design risk and sequencing of works
BSA
- Amendments to the Building Regulations, which will apply to all applications for building control consent from 1 October 2023.
- The Act focuses on high-rise residential buildings, hospitals, and care homes that are at least 18m or seven storeys high and contain at least two residential units. Ensure safety standards are met
- Military sites are part of the exemption
- PD required in relation to CDM and separate role under BSA
- Duty holder roles - client, designer, PD, contractor, PC, building safety manager, accountable persons
- Golden thread of information - Golden thread in place to ensure there is an accurate detailed digital record of the building for construction and maintenance
- GWR 1 - applies to al buildings
GWR 2 & 3 - high risk buildings only
define ADR
ADR (Alternative Dispute Resolution) refers to methods used outside of traditional court proceedings to resolve conflicts in a less formal and more cooperative manner.
hierarchy of control
Identified in the surveying safely professional standard
- Elimination: Remove the hazard or risk entirely from the workplace.
- Substitution: Replace the hazard with something less hazardous.
- Engineering Controls: Implement physical changes to the workplace to reduce the risk.
- Administrative Controls: Introduce procedures and policies to minimize exposure to the hazard.
- Personal Protective Equipment (PPE): Provide protective gear to mitigate the risk when other controls are not feasible or sufficient.
Requirements / steps when closing a firm
The RICS (Royal Institution of Chartered Surveyors) provides guidelines for closing a firm, which typically include the following steps:
- Client Notification: Inform clients about the closure of the firm and provide details on how their work will be transitioned or completed.
- Regulatory Compliance: Ensure compliance with all RICS regulations and requirements related to closing a firm, including notifying RICS of the closure.
- Financial Obligations: Settle any outstanding financial obligations, including client funds and liabilities, in accordance with RICS rules and regulations.
- Records and Documentation: Safeguard and transfer client records, documents, and files appropriately to ensure continuity of service or handover to another RICS-regulated firm.
- Staff and Employee Considerations: Address the welfare and employment status of staff and employees, including providing necessary support and guidance during the transition period.
- Professional Indemnity Insurance: Maintain adequate professional indemnity insurance coverage during and after the closure process as per RICS requirements.
- Closure Notification: Notify relevant stakeholders, such as regulatory bodies, creditors, suppliers, and professional associations, about the firm’s closure and any necessary details.
construction phase plan
Required under CDM
The Construction Phase Plan is a fundamental document that helps project stakeholders identify, assess, and control health and safety risks during the construction phase, thereby promoting a safe working environment and reducing the likelihood of accidents or incidents on construction sites.
Key elements typically included in a Construction Phase Plan are:
- Identification of significant health and safety hazards.
- Details of how risks will be managed and controlled.
- Roles and responsibilities of key personnel involved.
- Emergency procedures and arrangements.
- Site rules and welfare facilities.
- Communication and coordination arrangements.
- Monitoring and review processes to ensure ongoing health and safety compliance.
What is CDM
CDM, or Construction (Design and Management) Regulations, is a set of health and safety regulations in the UK that aim to improve safety and reduce risks in construction projects. The regulations require effective planning, coordination, and management of health and safety throughout all stages of a construction project to ensure the well-being of workers and others affected by the work.
Requirements under CDM
The key requirements under CDM Regulations include:
- Appointing Duty Holders: Assigning key duty holders, such as the client, principal designer, principal contractor, designers, and contractors, with specific responsibilities for ensuring health and safety compliance.
- Health and Safety Coordination: Ensuring effective coordination and cooperation between all parties involved in the project to manage health and safety risks throughout the project lifecycle.
- Risk Management: Identifying, assessing, and managing health and safety risks at all stages of the project, from planning and design to construction and maintenance.
- Information Sharing: Ensuring relevant health and safety information is communicated between duty holders and workers to enable informed decision-making and safe work practices.
- Construction Phase Plan: Developing and implementing a Construction Phase Plan that outlines how health and safety risks will be managed during the construction phase of the project.
- Competence: Ensuring that all individuals working on the project have the necessary skills, knowledge, training, and experience to carry out their work safely and effectively.
- Consultation and Engagement: Consulting and involving workers and other stakeholders in health and safety decision-making processes to promote a collaborative approach to managing risks.
Adhering to these requirements under CDM Regulations is essential for promoting a safe working environment, reducing accidents, and ensuring compliance with health and safety standards in construction projects.
What is social value
Social value refers to the additional benefits or positive outcomes generated for society, communities, and individuals beyond the direct outputs of a project or initiative. It encompasses the broader impacts that a project has on people’s well-being, quality of life, and the community as a whole, going beyond financial considerations.
In AEMP the topics most applicable and covered in the tender included:
* Tackling economic inequality
* Fighting climate change
* Equal opportunity
Arcadis’ current strategy
Arcadis’ 2024-2026 strategy - accelerating a planet positive future includes:
* Digital & human innovation - enabled by digital and human innovation and combining advisory and digital solutions, such as use of AI, ArcadisGTP, partnering with other leading organisations such as Microsoft.
* Sustainable project choices - We’re partnering with clients on projects that align with the 2050 Paris Goals, We will sharpen our business selection criteria, and drive forward the 2035 NZC goals.
* Powered by our people - Support people and develop people programs to create more inclusive and diverse teams
What you’d advise your client they must do under CDM
- Appoint the right people at the right time - principal designer and a principal contractor
- Ensure there are arrangements in place for managing and organising the project
- Allow adequate time
- Provde infromation to your designer & contractor
- Communicate with your designer and Building Control
- Ensure adequate welfare facilities
- Ensure a construction phase plan is in place
- Keep the H&S file
- Protecting members of the public, including your employees
- Ensure workplaces are designed correctly
CDM aims to improve health and safety in the industry by helping you to:
- sensibly plan the work so the risks involved are managed from start to finish
- have the right people for the right job at the right time
- cooperate and coordinate your work with others
- have the right information about the risks and how they are being managed
- communicate this information effectively to those who need to know
- consult and engage with workers about the risks and how they are being managed
Client considerations when appointing a PC or PD
Anyone appointing a designer or contractor to work on a project must take reasonable steps to satisfy themselves that those who will carry out the work have the skills, knowledge, experience, and, where they are an organisation, the organisational capability to carry out the work in a way that secures health and safety. Reasonable steps will depend on the complexity of the project and the range and nature of the risks involved.
How is the NEC more collaborative than JCT
- Emphasis on collaboration - prioritise early contractor involvement, clear communication, and a shared focus on project success. This collaborative approach aims to minimize disputes and enhance project outcomes.
-
Focus on Project management - Provide detailed procedures for project governance, decision-making, and dispute resolution, promoting transparency and accountability among all project stakeholders. This clear framework helps foster collaboration and efficient project delivery.
Processes are set out clearly to identify timescales and ownership, non adhereance consequences are specified. This means things are dealt with promptly, has a process and leaves less room for ambiguity and possible disputes. - Risk Allocation- NEC contracts typically have a more balanced risk allocation compared to JCT contracts. They encourage parties to work together to manage risks effectively rather than shifting all risks onto one party. The EWN means parties identify possible risks as soon as possible and collaboratively approach their mitigation
*
Three pillars of dispute resoloution
- Negotiation
- Mediation
- Litigation / arbitration
Disadvantages of PV pannels
- High initial cost
- Intermittent - cant rely on energy production / weather dependant
- Space requirement
- Energy storage challenges
- Aethetics
Contents of cost report
-
Project Information:
- Project name and identification number
- Reporting period covered by the report
- Project manager or team responsible for cost management
-
Executive Summary:
- Overview of the project’s financial status
- Summary of key cost metrics and variances
- Highlights of significant cost activities or issues
-
Cost Breakdown:
- Detailed breakdown of costs by category (e.g., labor, materials, equipment, subcontractors)
- Actual costs incurred to date
- Budgeted costs for the reporting period
- Forecasted costs for the remainder of the project
-
Budget Status:
- Budget baseline (original budget) compared to actual costs
- Variance analysis showing differences between budgeted and actual costs
- Explanation of significant budget variances
-
Compensation events:
- Summary of approved change orders and variations
- Impact of changes on project costs and schedule
-
Cash Flow Analysis:
- Projected cash inflows and outflows
- Cash flow forecasts based on cost projections
-
Risk and Contingency Management:
- Identification of key risks impacting project costs
- Contingency reserves allocated for potential risks
-
Recommendations and Action Plans:
- Recommendations for cost optimization or corrective actions
- Action plans to address budget overruns or variances
Define VFM
Value for Money (VFM) is the optimal balance between the quality, cost, efficiency, and economy of goods or services acquired to ensure they yield the best possible benefits relative to the costs incurred.
VE
Value engineering is a systematic process that analyzes the functions of products, projects, or processes to improve value by maximizing performance, quality, and efficiency while minimizing costs.
Collateral warranty
A collateral warranty is a legal document provided by a third party, typically a contractor, consultant, or subcontractor, to a beneficiary, such as a funder or tenant, to offer additional contractual rights and assurances relating to a construction project.
What are the RICS bye-laws?
High-level laws on how RICS needs to operate to fulfil the Royal Charter
- Application and Definitions (who the laws apply to and definitions of terms used)
- Membership and Registration (who can/who to apply, and firm registration)
- Designations (use of FRICS/MRICS)
- Contribution to Funds (fees, subscriptions etc.)
- Conduct (must comply with rules and regs.)
- Governing council, officers & staff
- Subordinate boards, committees and groups
- procedure for general meetings
- Accounts and audit
- General
RICS regulations
Rules, procedured and processes for members and firms,
The regulations add further detail to the bye-laws and sets out the difference classes of membership and contains further details of when fees are payable etc.
There are 10 regulations in total.
Novation
Novation is the process by which one party in a contract is replaced by a new party, with the new party assuming the rights and obligations of the original party, effectively substituting one contract for another.
What is assignment under a contract?
The transfer of one parties’ rights / contractual obligations to a another party under a contract.
Novation vs assignment
Novation involves replacing one party with another in a contract, transferring both rights and obligations, while assignment transfers only the rights under a contract to a third party, leaving the original party responsible for fulfilling the obligations.
pros and cons of sectional completion
Pros of Sectional Completion:
- Phased Delivery: Allows for the project to be completed in manageable sections, enabling early occupation or use of certain areas before the entire project is finished.
- Risk Mitigation: Reduces the risk of delays affecting the entire project by breaking it down into smaller sections with individual completion dates.
- Flexibility: Provides flexibility in project scheduling and sequencing, allowing for adjustments to be made to each section independently.
- Client Satisfaction: Offers clients the opportunity to use or occupy parts of the project sooner, increasing satisfaction and providing a sense of progress.
Cons of Sectional Completion:
- Coordination Challenges: Requires careful coordination to ensure that each section interfaces correctly with the others, potentially leading to integration issues.
- Increased Management Complexity: Adds complexity to project management, as multiple sections need to be monitored and controlled simultaneously.
- Cost Implications: May result in additional costs due to overlapping activities, extended project durations, and potential inefficiencies.
- Contractual Clarity: Requires clear contractual agreements and documentation to define the scope, responsibilities, and implications of sectional completion accurately.
Retention pros and cons
Pros of Retention:
- Financial Security: Provides a form of financial security for the client by withholding a portion of the payment until the project is completed to the required standard.
- Quality Assurance: Encourages contractors to meet quality standards and complete the project satisfactorily to recover the retained amount.
- Risk Management: Helps protect the client against defects, delays, or non-performance by giving them leverage to address issues before releasing the retention.
- Incentive for Completion: Acts as an incentive for contractors to finish the project efficiently and address any outstanding issues promptly to receive the retained amount.
Cons of Retention:
- Cash Flow Impact: Can have a negative impact on cash flow for contractors, especially smaller firms, as the retention amount is withheld until the end of the project.
- Administrative Burden: Requires additional administrative effort to manage and release retentions, leading to paperwork and processing delays.
- Dispute Potential: Retention disputes can arise if there are disagreements over the quality of work, completion standards, or release timing.
- Cost of Administration: Incurs additional costs for both parties in managing retentions, including administrative expenses and potential legal fees in case of disputes.
Other available contract
The NEC (New Engineering Contract) suite of contracts includes various forms tailored to different types of projects and procurement methods. Some of the key NEC forms of contract are:
- NEC3 Engineering and Construction Contract (ECC): This contract is used for engineering and construction works, providing a flexible, collaborative approach to project management.
- NEC4 Engineering and Construction Contract (ECC): An updated version of the ECC contract, incorporating improvements and refinements based on user feedback and industry practice.
- NEC Subcontracts: These contracts are used for engaging subcontractors under the ECC main contract, ensuring consistency in project management and risk allocation.
- NEC Professional Services Contract (PSC): Designed for engaging consultants or professionals to provide services on a project, focusing on collaboration and effective project delivery.
- NEC Term Service Contract (TSC): Used for long-term service contracts, including maintenance, facilities management, and other ongoing services, with a focus on performance management.
- NEC Supply Contract (SC): Used for the supply of goods or equipment within an NEC framework, emphasizing collaboration, risk management, and effective supply chain management.
These NEC forms of contract are widely recognized for their emphasis on collaboration, risk management, and project outcomes, providing a structured framework for effective project delivery in various sectors and industries.
EWN contract clause
15
Payment clause
50
CE clause
60
Programme contract clause
30
