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Construction Industry Environment > Weeks 5-7 > Flashcards

Weeks 5-7 Flashcards

1
Q

Name 3 influential factors of Communication.

A

Formation of ‘project team’
Organisation of the construction process
Stakeholders

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2
Q

Define ‘A frame of reference’

A

A complex set of assumptions and attitudes which we use to filleted perceptions to create meaning. The frame can include beliefs, schemas, preferences, values, culture and other ways in which we bias our understanding and judgement.

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3
Q

What are the 5 stages of Construction?

A

Planning phase
Design phase
Development phase
Operational phase
End of life phase

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4
Q

What is the mind of a Client in build and sell mode?

A

To make profit

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5
Q

What is the mindset of a Client in build and operate mode

A

Minimising operating costs

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6
Q

What is the mindset of an Architect during a landmark project?

A

How to utilise the project to advance their own career.

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7
Q

What is the mindset of a consultant?

A

Thinking about the easiest compliance manner.

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8
Q

What is the mindset of the main contractor?

A

Thinking about how to fulfil obligations within the contract and make the most from add-ons

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9
Q

What is the mindset of a subcontractor?

A

Thinking most about how to fulfil obligations within the contract which may generate future business with other stakeholders.

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10
Q

What are common perception of clients from an external standpoint?

A

Wishes and needs are not thoroughly though through
Lack sympathy for sub trades
Lack ability to take charge in project
Create imbalanced agreements.

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11
Q

What’s do architects, consultants and contractors often don’t experience?

A

They do not experience how their choices affect the use and maintenance of the products especially during the usage stage.

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12
Q

Define Communication as by Merrimack-Webster.com

A

A process by which information is exchanged between individuals through a common system of symbols, signs or behaviour.
Information communicated: information transmitted or conveyed.
A verbal or written message.

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13
Q

Define Communication within the context of the Construction industry. (Rogers and Kincaid 1981)

A

A process in which the participants create and share information and one another in order to reach mutual understanding.

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14
Q

Does NZ have a good or bad track record for workplace fatalities?

A

Poor - 3 times more than the UK and double Australia.

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15
Q

What is the key to creating a positive workplace safety culture?

A

Clear communication - the health and safety of the workplace is dependant on all the material being understood.

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16
Q

What is one of the main part of the contractors quality system? How can this be addressed if it causes issues within the system?

A

Communication. A lack thereof leads to non-conformance under quality plan. These issues can be addressed by implementing changes to the management or administrative systems or adopting systems approach such as the use of PDCA continuous improvement (CI) cycle.

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17
Q

What does PDCA stand for? What is it also known as?

A

Plan-Do-Check-Act/Adjust - also known as Deming Cycle/Wheel, Shewhart Cycle, Plan Do Study Act (PDSA) or Control Circle.

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18
Q

Define the 4 stages of PDCA.

A

Plan - manager defines a problem and composes a plan of measures on it elimination
Do - where developed situations are applied to a working model to test accuracy
Check - Lets us check that the problem is really solved. Results are measured and compared with planned objectives.
Act - where the problems identified in the ‘check’ stage are solved. If the solution work, the new concept is standardised, documented and implemented.

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19
Q

What is PDCA effective at?

A

Identifying root causes of problems, and thereby reducing deviations from the quality standards. (Meiling, Sandburg and Johnsson (2014))

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20
Q

Why is it important to know who knows information in order for PDCA to flow?

A

This is what enables the flow, then the problem can become one problem shared by many people, increasing the motivation to solve the problem as a team effort.

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21
Q

Name the 6 classifications of Communication.

A

Formal
Informal
Verbal
Non-Verbal (gestures, facial expressions)
Written
Para-lingual (pitch, volume or intonation)

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22
Q

Names the 6 different levels of communication in terms of sensitivity.

A

Unofficial - has no business impact
Official - 1 Low business impact
Official: Sensitive - 2 Low to medium business impact
Protected - 3 High business impact
Secret - 4 Extreme business impact
Top Secret - 5 Catastrophic business impact

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23
Q

What are the 3 core requirements of assigning levels of sensitivity to information and communication?

A

1) Identifying information type
2) Assess the sensitivity and security classification of the information
3) Implement operational controls for the information proportional to its value, importance and sensitivity

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24
Q

If the control of sensitive information is compromise, what are 6 things that can occur?

A

Loss
Misuse
Interference
Unauthorised access
Unauthorised modification
Unauthorised disclosure

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25
Q

What are the 7 sensory systems?

A

Proprioception
Vestibular
Tactile
Auditory
Visual
Gustatory
Olfactory

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26
Q

What are the benefits of using verbal communication?

A

Saves time
Quick to obtain feedback
Opportunity for further clarification
Costs less

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27
Q

What are the benefits of written communication?

A

Can be evaluated/check before transmission
Can relay complex ideas
Can be one-to-many Communication
Can be timeless
Provides a record that can be used as evidence

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28
Q

What is a Certificate of Work (CoW)?

A

It is a memorandum that is legally required to be provided with a residential building consent application when design work that is RBW (Restricted Building Work) has been carried out, in accordance with section 45 (3) of the Building Act.

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29
Q

Who must provide a CoW if RBW is carried out?

A

By the LBPs (including CPEng) who carried out or supervised that design work.

For CPEng, this will most commonly involve providing a CoW for specific structural design work (foundation and superstructure). But may also include some external moisture management system design (e.g. when this forms part of the primary structure)

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30
Q

What is an EPA?

A

And Engineering Plan Approval. These are needed for council owned infrastructures such as sewers and water mains. They re similar to a building consent.

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31
Q

What are 4 examples a minor Engineering approval is needed?

A

Public stormwater connection within the site.
Renewal of public stormwater pipe to same grade and alignment
Isolated rehabilitation of existing pipe of manhole
Raising or lowering a public manhole lid

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32
Q

What are 7 examples of when a major Engineering Approval is needed?

A

Public stormwater, wastewater or water supply extension/system
Public road or road widening
Relocation of public drainage or water supply system
Public stormwater pond or wetland
Public stormwater catch pits, or soak holes
Public swale or rain garden
Bulk earthworks

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33
Q

What is a Design Features Report and what does it do?

A

It is a concise report prepared by design CPEng that summarises the key considerations and design methodology to achieve compliance with the Building Code. Although historically used in a commercial context, they are now being use by CPEng in relation to repairing and rebuilding houses affected by the Canterbury earthquakes.

34
Q

Do Design Feature Reports have a formal status under the Building Act?

A

No, however like Producer Statements, a Design Features Report can be very useful for BCA’s and other reviewers when assessing BC compliance.

35
Q

What does the Design Features Report provide specifically? And for whom?

A

It provides design reviewers an explanation of geotechnical conditions and requirements, structural systems and load paths, design standards used and key design parameters and assumptions. The use of a Design Features Report is encouraged but MBIA at the design stage to clarify design methodology and indicate where critical inspections are needed.

36
Q

What is considered Construction documents?

A

Any correspondence on projects is considered Construction documents.

E.g. LBP Records of work for RBW
Building Location Certificates
AS Builts drainage and built truss designs.
Engineering Producer Statements (PS4)
Product Statements (PS3)
Energy Work Certificates (electrical or gas)
Specified Systems Performance Statement.

37
Q

Define Correspondence. What are some sub categories in the construction industry?

A

Communication by letter or email.

Monitoring and Reporting Program

Request for… Information, Proposal, Tender etc

… Order - Variation Order, Change Order, Purchase Order

Submittals

Pay Applications

38
Q

What is the purpose of traceability?

A

Traceability is the ability to to verify the history, location or application of an item by means of documented recorded identification

39
Q

What does RFI stand for?

A

Request for Information - this comes from the council.

40
Q

What is part of the Building Consent Processing?

A

An RFI will be sent to you if more supporting information is required once you’re application is underway. Your application will be suspended while you get the information and the suspension period will not count as part of the 20 days. ( sometimes referred to as ‘stopping the clock’)

If more information is required an additional fee may be charged for it to be reviewed and assessed. This should be avoided by making a good application.

41
Q

What particular service does the council have to notify for certain building projects?

A

NZ Fire Services - particularly if there is to be an alteration, change of use or subdivision that affects a building’s fire safety systems.

They have 10 working days to advise of any specific fire-related requirements i.e. fire escape. The application does not get suspended during this time and the council can grant the application if no information is received from the Fire Services within the time period.

42
Q

What happens if you request amendments to you consent?

A

The council can take up to 20 days to process the request and a fee will be charged to review/assess the amendments.

43
Q

What does CAN stand for?

A

Consultant Advice Note- also known as ‘design advice’. Answers for RFI or TQ. This may lead to SI or CI to allow for VPR, VO or CO.

44
Q

What does TQ stand for?

A

Technical Query - normally a contractor raised query to the Engineering Team.

45
Q

What does SI stand for?

A

Site Instruction - an instruction other than what was originally agreed to in the contract. A formal instruction send from the head a contractor.

46
Q

What does CI stand for?

A

Contract Instruction (Under NZS 3910) - issued by engineer to the contract.

47
Q

What does NZS 2910:2013 Section 5.21.1 stipulate?

A

The contractor and the engineer shall each notify the other in writing as soon as either of them becomes aware of any matter which is likely to:

Materially alter the Contract Price
Mari ally delay completion of the Contract Works; or
Result in a breach of a statutory duty in connection with the Contract Works.

48
Q

What could happen to an corresponding Variation is the Contractor has failed to provide advanced notification?

A

The value of the corresponding variation could be reduced. The Variation is to be valued as if notification had been given and that notification might reasonably have resulted in the impact of the matter being avoided or reduced.

This encourages contractors to promptly communicate important matters.

49
Q

Define Dispute within the context of the construction industry.

A

To engage in argument or to call into question or cast doubt upon. It could also mean a difference that arises under a construction contract.

50
Q

What are the two perspective a dispute can be understood from?

A

Before and After.

Before establishing the contract thorough understand of the risks including consequences (compensation); then setting the terms, conditions, documentation, scope, what’s included as well as what is excluded, performance standards,m duration, charges.

After is more evaluation of the technical and/or performance failure; procedural causes; miscellaneous causes.

51
Q

What can consumers access in order to try and avoid potential disputes?

A

There are websites and other interest groups, laws, acts, legislation and checklist to sift out bad tradies.

52
Q

What can building professionals doin order to avoid potential disputes.

A

Simply to say no if they do not have a good feeling about a potential customer.

53
Q

What are two ways building professionals can practise to protect themselves?

A

By learning from other’s mistakes and by experiencing such mistakes.

54
Q

What are 6 signs you can identify in a deal that could potentially turn sour?

A

Capability
Offering
Limitation
Lack of understanding between the two parties
Making alternative arrangements
Instinctual feeling

55
Q

What are falsehoods and what forms can these take in the construction industry?

A

Untrue Propositions

Misrepresentations (personal liabilities, active concealment)
Misleading
Deceptive conduct
Deceit

56
Q

What are 4 benefits of self resolution?

A

It’s often the quickest and cheapest way to resolve disputes.
It can prevent the dispute escalating.
It can preserve the relationship between the parties.
It can prevent future disputes from occurring - or enable them to be resolved more quickly.

57
Q

What are the 3 simple steps of self resolution?

A

1 - Check your facts
2 - Communicate
3- Record any agreement in writing (for paper trail purposes)

58
Q

What are 4 commons types of construction contracts?

A

Lump Sum or Fixed Price Contract
Cost Plus Contract
Time and Materials Contracts
Unit Pricing Contracts.

59
Q

What constitutes a Lump Sum or fixed Price Contract?

A

Total fixed price for all construction related activities - this can also include incentives benefits for early termination, or can also have penalties, called liquidation damages for a late termination.

60
Q

What constitutes a Cost Plus Contract?

A

Involve payment of the actual costs, purchase or other expenses generate directly from he construction activity.

Must contain information about covering contractors overhead and profit.

61
Q

What constitutes a Time and Materials Contract?

A

Establishes hourly or daily rates. includes additional expenses that could arise in process.

This type of contract is usually preferred if the project scope is not clear or defined.

62
Q

What is a Unit Pricing Contract?

A

This contract is usually used by builders and federal agencies.

Unit prices can also be set during the bidding process as the owner requests specific quantities and pricing for pre determined amounts of unitised items.

63
Q

What is the next step if a consumer is still unhappy after communicating with the other party?

A

It would be to follow the dispute resolution process set out in the contract. If this is not included in your contract you can use the process in the Construction Contracts Act of the Building (Residential Consumer Rights and Remedies) Regulations 2014’s defaults clauses.

64
Q

What is Consensual Resolution?

A

Where 2 parties are working towards a conclusion/agreement. Processes include:

Conciliation
Facilitation
Mediation
Negotiation
Restorative Practices

65
Q

What is Determinative Resolution?

A

Where a third party decides the result.

Processes include:

Adjudication
Arbitration
Commissioner or Ombudsman
Disputes Committee/Panel/Board
Expert Determination
Litigation

66
Q

What are keys to a successful negotiation?

A

Preparation, discussion, proposing and bargaining. Other similar techniques include conciliation and facilitation.

67
Q

What is ADR?

A

Alternative Dispute Resolution - very effective due the well-known advantages of settlement.

Settlement enables parties to achieve finality and certainty and to avoid the costs and risks of hearing and appeals. Confidentiality, speed and flexibility of available outcomes are among the advantages of settlement.

68
Q

What can be utilised to choose the best lawyers?

A

Chambers Ranking.

69
Q

What is the function of a mediator?

A

Mediators help you discuss issues and narrow your differences, until you reach an agreement.It’s generally the quickest and most cost-effective way to formally settle your dispute.

70
Q

How is going to arbitration different from going to court?

A

An arbitrator instead of a judge hears your case. It is also held in private - and not a public court.

71
Q

Adjudication is aim specifically for what?

A

At settling building disputes. It is less formal than going to arbitration and is generally quicker - around 6 weeks.

72
Q

What are the 4 steps of Mediation?

A

1 - Mediator opening
2 - Parties openings
3 - Identification of issues
4 - Discussion of issues.

73
Q

What is Tuhono Mediation?

A

Tuhono is a Kaupapa Māori model of dispute resolution inspired by traditional Māori narratives and dispute resolution methodologies.

Draws upon traditional Māori creation and navigation narratives as a means of creating a culturally responsive platform for dispute resolution. It also acknowledges that Māori social structures are underpinned by genealogical connection or whakapapa.

74
Q

Break down the different parts of Tuhono.

A

Tu is an abbreviated representation of Tumatauenga, the Māori deity of war, conflict and strategy. Hono literally means ‘to connect’

75
Q

What are the 5 distinct pathways for resolving conflict.

A

Te Ara Tuhono
Te Ara a Ruaumoko
Te Ara a Tangaroa
Te Ara a Tane
Te Ara a Rongo

76
Q

What is restorative justice (RJ)?

A

A restorative justice conference is an informal, facilitated meeting between a victim, offender, support people and any other approved people.

This type of conference allows you to take responsibility for you offending and apologise to your victim, further more you get an opportunity to find ways to make sure you do not reoffend.

77
Q

When does restorative justice take place?

A

Before you are sentenced in court. The judge will consider any agreements made during the process.

This is widely used across a range of contexts in NZ e.g. workplaces, schools and the criminal justice system.

78
Q

What are the advantages of Expert Determination?

A

It’s quick and cheap
Less likely to damage commercial relationships
Power to carry out investigations
Suited to technical disputes
Confidentiality

79
Q

What are the disadvantages of Expert Determination?

A

No Statutory backup
Limited grounds for appeal
Unsuited for factual disputes
Confusion as to status.

80
Q

How does Arbitration function?

A

Generally operates like a private court system and is governed by the Arbitration Act 1996.

81
Q

Are all residential building works covered by implied warranties?

A

Yes, for up to 10 years. It is automatic and covers almost all aspects of building works. To breach these warranties is to break the contract.

82
Q

What does FTA, BA and CGA stand for?

A

Fair Trading Act 1986, Building Act and Consumer Guarantees Act 1993.

Construction Industry Environment (3 decks)

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