Technical Flashcards
Contract Practice:
What are the FIDIC 2017 updates from 99?
for Red, Yellow, Silver
DAAB from day one
Longer, more provisions than previous version
MC to indemnify Employer if MC design is not fit for purpose
Notes:
- Increased emphasis on role of Engineer
- More emphasis on dispute avoidance, now Cl. 21 Disputes (was previously with claims Cl 20.)
Contract Practice:
What’s subrogation?
Right for an insurer to legally pursue a third party…
that caused an insurance loss to the insured
Contract Practice:
When should the Contractor provide his Performance Security/Bond to the Employer?
Within 28 days following LOA
Contract Practice:
Suggest improvement for OZ contract?
Insert pandemics under force majeure (clear on time and cost entitlement)
greater alignment with standard FIDIC contract (fairness for Contractor, less tender declines) - from impartial perspective
Design Economics + Cost Planning:
How did I benchmark the link bridge?
Before my time, pre-contract
Notes:
- 1 of a kind/ world first (hard to BM)
- We have other buildings with concrete link bridges, this is steel
Contract Practice:
What are implied terms?
Not specifically stated in contract
but known to exist, or part of law (e.g. Sales of Goods Act 1979)
Note:
Expressed terms - defined in the contract (written)
Procurement + Tendering:
Which procurement route is structured so the Client has a direct contract with the trade subcontractors?
Construction management
Note:
The MC taken and advisory role
Contract Practice:
What is necessary to form a contract? What makes a contract?*
Offer + Acceptance - Tender, contract amendments (acceptance is the one who signs/accepts)
Consideration - MC will build project for £m
Intention - Creates legal relations
Capacity - Parties must have legal capacity to enter into the contract
Legality - The object of the contract be lawful
Good faith and fair dealings (UAE)
Note:
The ‘Offer’ is often thought the FOT. But the ‘Offer’ should be the LOA, because that is signed/’Accepted’ by the Contractor
Procurement + Tendering:
what insurances are solicited for construction projects?
CAR (115% of current replacement value)
Workmen’s Compensation (AED 5m)
Employer’s Liability
Professional Indemnity for 10 years (USD 10m)
Notes:
- Motor Vehicle Third Party and Passenger Liability (AED 3.68m)
- Public Liability (AED 10m)
- Contractor’s Plant and machinery
Procurement + Tendering:
What Contract amendments/departures are typically requested by Main Contractors?*
interview
Payment terms (scl. 14) - Retention, LD’s, Advance Payment
Contractual terms - termination for convenience (OZ), insert corona in force majeure
Performance bonds (scl. 4.2) - perhaps security cheque or PCG instead
Completion date (project duration)
Note:
Contract queries on commencement, delay, suspension (scl. 8)
Contract Practice:
FIDIC Red 99 - how long to pay Contractor following IPC and Final Payment Certificate?
both the same amount of days
56 days
Note:
Sub-Cl. 14.7 payment
Quantification + Costing:
Advise on this type of measure - NRM’s GIA?
GIA is the internal face of external wall
Excludes balconies, stair voids
Notes:
- Similar to GIFA
- Similar to IPMS 2
- Also excludes canopies, fuels room
- Refer NRM1 appendix A
Quantification + Costing:
What is a Prime Cost Price?
not PC Sum
Material not even know e.g. allow £x per m2
Note:
NRM2 def “Where the exact type of product or component cannot be specified, an estimated price for the product or component shall be given in the description as a prime cost price (PC price). State, for example, ‘Allow the PC price of £x per thousand delivered to site’, ‘Allow the PC price of £y per m2 delivered to site’, or ‘Allow £z each delivered to site’.”
Quantification + Costing:
How much is MOS payment our our project?
80% of invoiced value delivered to site
Notes:
- Approximately 80% of 80% BQ rate = 64%
- Quantified and agreed on-site.
- Subbie submits substantiated application through Contractor (includes their MOS) invoice, delivery notes
Design Economics + Cost Planning:
Aside from project viability, how can a cost plan help a QS through pre-contract?
Enable us to control design changes, as the design develops
Presents biggest opportunity for QS to add value
benchmark
set target and limit costs for elements
Project Financial Control + Reporting:
Main Contractor prelim costs on my project?
315m
= 9%
Construction Tech + Environmental Services:
Pre-stressed concrete - describe pre-tensioned concrete?
Steel is tensioned in a frame or between anchorages external to the member.
Concrete is then cast around it.
After concrete has strengthened, tension is slowly released from the frame or anchorage to transfer the stress to the concrete
Design Economics + Cost Planning:
What is element unit quantity (EUQ)?
e.g. area of external walls
without breaking it down further into its specific sub-elements
Contract Practice:
What is Misrepresentation?
a false statement of fact or law which induces a party to enter a contract.
Procurement + Tendering:
How to manage tender qualifications?
Ensure they are only captured in C/T-PTC
Addressed by relevant party - QS, MC, SuperC
Persist with compliance with tender docs
Contract Practice:
What’s a collateral warranty?
Collateral warranties create direct contractual relationships between parties that would not otherwise exist
e.g. Client and Lift Installer
Design Economics + Cost Planning:
What does the term price stability refer to?
boundary between inflation and deflation
Construction Tech + Environmental Services:
“Continue knowledge through PTC meetings, VE workshops, and CPD”. Example of a VE workshop and CPD session?
SOE
car parking accessories workshop with the samples
Kingspan UK home insulation CPD
Quantification + Costing:
There’s an item on drawing but no rate in the BQ, how to assess?*
Reasonable assessments for new works
- star rates,
- 3+ quotes
- first principles
- benchmarking
- apply agreed mark-up