1. Case Study

Question 1

What was included in your fee proposal?

Answer 1

1) A description of the works
2) Scope of services
3) Fees and breakdown of when fees will be expended
4) Terms and Conditions
5) A copy of my employers Complaints Handling Policy

Question 2

Who were the key stakeholders and how did you ensure communication between them all?

Answer 2

The stakeholders included:
1) CEO of the School’s Trust
2) School headteacher; and
3) Site manager.

All stakeholders were at the initial briefing meeting. It was agreed during this meeting that all correspondence would be made via email. Future meetings would be arranged and all parties would be present.

Question 3

What did your survey include and how did you determine the windows were in poor condition?

Answer 3

I carried out a risk assessment prior to survey.

I was shown around by the site manager and took photographs and made notes of the condition of the windows. These were:
1) hardwood timber framed
2 single glazed
3) rotten timber frames, cills and broken sash cords. They also had severe condensation.

Question 4

What was included in the Capital Funding Application?

Answer 4

Three documents were included to highlight project need, cost certainty and project programme.

Question 5

What was included in the tender package?

Answer 5

1) Preliminaries - Highlighted the need for site welfare facilities.
2) Specification - Included demolition works and specified products.
3) Schedule of Works - Highlighted a list of works.
4) Tender drawings - Highlighting site plan, location plan and extent of window replacement.

Question 6

What was included in the specification?

Answer 6

1) Demolition works
2) Windows
3) Glazing
4) Plastered coatings
5) Painting
6) Skirtings and trims
7) Fixing and adhesives
8) Adhesives

Question 7

Did the works need to comply with any building regulations compliance?

Answer 7

Approved Document F) Ventilation - Trickle vents (Should not be smaller and should be controllable)
Approved Document K) Prevention of collision, impact and falls (suitable opening limiters, safe breakage glass)
Approved Document L) Conservation of fuel and power (U-values 1.6)

NOT APPLICABLE - Approved Document B) Fire Safety (windows not being used as an emergency means of escape)

Question 8

Did the works need to comply with any additional guidance?

Answer 8

Yes, the windows needed to comply with:
-BS644 - Timber windows and doorsets - Includes design feature requirements including frames and sloping cills.
- Have a minimum 15mm rebate where double glazed units are to be installed. This is to reduce energy consumption and improve weather resistance

Question 9

Why did you choose JCT Intermediate Contract 2016 edition?

Answer 9

Intermediate Contract was used as this had more detailed provisions in place to protect the client. It was not complex enough for a Standard Building Contract.

Question 10

Why did you choose Traditional Single Stage tender?

Answer 10

Works needed to comply with parts of the funding. The project needed to be tendered as part of the bid to show cost certainty. The most cost effective tender was chosen and so Design and Build was not selected as the client would have paid a premium for the contractor to take the risk.

Question 11

What roles will you undertake as a Contract Administrator from July 2024?

Answer 11

1) Ensure the works are being carried out in accordance with the contract terms.
2) Managing the timescales and milestones of the project.
3) Managing the costs of the project.
4) Liaising with the main contractor for the project.
5) Issuing the relevant certificates
6) Record keeping such as site visits, site inspections, correspondences and invoices.
7) Inspecting and managing the defects and ensuring these are remedied in the stipulated time frame.

Question 12

How did you carry out your desktop survey and note it was in a conservation area?

Answer 12

Historic England website.

Question 13

How did you reach your estimated cost?

Answer 13

Using BCIS pricing book, SPONS and recent tender return costs.

Question 14

What are permitted development rights?

Answer 14

Permitted development rights allow works to be completed without the need for planning permission.

Question 15

What are examples of permitted development rights?

Answer 15

1) Building an extension (only half the area around the original house can be covered)
2) Building a porch less than 3m2
3) Adding a rooflight or dormer window
4) Internal alterations such as knocking down internal walls
5) Fences or walls under 2m in height

Question 16

Are there any restrictions for permitted development rights in conservation areas?

Answer 16

Yes, the local council can implement an Article 4 direction to restrict permitted development rights in conservation areas.

Question 17

Are you aware of any other planning agreements?

Answer 17

Section 106 Agreements - These can be implemented on developments by the Local Planning Authority.

Question 18

What specific guidance did you use in ascertaining that permitted development rights would cover this type of work?

Answer 18

I discussed with my employers planning team and reviewed the General Permitted Development Order 2015. Specifically:

Schedule 2, Part 7, Class M relates to alterations and extensions which can undertaken by schools under permitted development.

One of the conditions under this is Article 2 ( sub section 3) land, constructed using materials which have a similar external appearance to those used for building being extended or altered.

Question 19

What is the difference between hardwood and softwood windows?

Answer 19

Hardwood trees lose their leaves annually. They are slower to grow and have denser wood grain. Examples include oak, mahogany and teak.

Softwood trees keep their leaves all year round. They are quicker to grow and have less dense wood grain. Examples include pine and fir.

Question 20

What is planning permission?

Answer 20

Planning permission is only needed if work being carried out meets the statutory definition of ‘development’. Some examples of development may include:
1) Building operations (e.g. structural alternations, extensions, rebuilding and demolition).
2) Material changes of use of land and buildings

Question 21

What does not constitute as planning permission?

Answer 21

1) Interior alterations
2) Building operations that do not materially affect the external appearance of the building
3) A change in the primary use of land or buildings, where the before and after falls into the same class.

Question 22

What is included in a planning permission application?

Answer 22

The application may include:
1) Necessary plans of the site (location and site plan)
2) Required supporting documentation
3) Completed form
4) Correct fee

Question 23

What happens if planning permission is refused?

Answer 23

If planning permission is refused you can:
1) Submit another application with modified plans
2) Consider making an appeal

Question 24

What are pre-commencement planning conditions?

Answer 24

These are conditions imposed when planning permission is granted. They must be complied with before any building works have started. An application must be made to discharge these to the Local Planning Authority.

Discharging planning conditions takes 8-weeks.

Question 25

Can pre-commencement planning conditions be appealed?

Answer 25

Yes by either submitting an application to the local planning authority under section 73 of the Town and Country Planning Act or to the Secretary of State. An appeal must be received within 6 months of the date on the decision notice.

Question 26

What if you breach the conditions of planning permission or pre-commencement planning conditions?

Answer 26

Breaching any conditions may be subject to local authority enforcement notice. This requires you to put things back as they were.

It is illegal to disobey an enforcement notice unless it is successfully appealed against. It is possible to apply for retrospective planning permission.

Question 27

What was the age and construction of the building?

Answer 27

The main building dates back to 1872 and built during the Victorian Era.

The building is solid wall construction with steeply pitched roofs (circa 50degrees). Combination of sash and side hung casement windows.

Question 28

What type of brick was used during the construction of the main building?

Answer 28

Imperial brick. These are generally slightly bigger in size than the metric brick which was widely introduced in 1965.

Imperial brick measurements: 228 x 108 x 50
Metrix brick measurements: 215 x 102.5 x 65

Question 29

How did you assess the windows were hardwood timber framed as oppose to softwood?

Question 30

Why did you choose hardwood over aluminium or uPVC?

Answer 30

Ultimately, the decision to choose hardwood came down to several factors including the need for planning permission, the warranty period, the durability of the windows and sustainability.

Question 31

Why did you not include a provision for an advance payment bond in the original tender?

Answer 31

I had carried out lots of similar component replacement projects in the past with similar lead in times on materials. This was never considered an issue by contractors. They were happy to price the risk. The project was considered low value.

Question 32

How did you determine Contractor A’s tender had been successful?

Answer 32

I reviewed their tender costs which included breakdown of figures. The costs were all sufficiently covered and appeared to be in line with the figures included in the BCIS pricing book and SPONS.

Question 33

How does an advance payment bond work? What is the process?

Answer 33

An advance payment bond is a surety bond issued by a financial institution. This provides a guarantee to the employer that the contractor will fulfil their contractual obligations. It protects the employer from any financial loss that may occur due to a breach of contract by the contractor.

Question 34

What are the benefits?

Answer 34

Offers the employer protection from non-performance of the contractor.

If the contractor fails to fulfil the contract, the employer can make a claim against the bond and receive compensation.

The bond acts as a guarantee (no need to set aside funds).

Question 35

What is the process of a bond?

Answer 35

JCT has a standard template for advance payment bonds.

This includes details of the parties, description of the works, sum of the advance payment and bankers signatures.

Payment is made within 5 business days.

In making a demand, the employer must issue the surety company with a ‘Notice of Demand’ which includes details of parties, description of the works, sum of advanced payment and address for payment.

Information needed in a Notice of Demand includes details of the project, employer, contractor and surety company as well as when the bond must be repaid.

Document must be signed by both parties.

Question 36

What is the typical cost of a bond?

Answer 36

It is very much dependent on the contractors financial position and credit history but can range anywhere between 2 - 10% of the bond value.

Question 37

Name 3 other types of bonds?

Answer 37

Performance bond - Protects the client against contractor non-performance.

Retention bond - Type of security to protect the client against non-performance

Defective liability bond - Covers for potential defects and issues that may arise after the project’s completion

Question 38

What is a vesting certificate?

Answer 38

A document that evidences the transfer of ownership of goods or materials.

Question 39

How does a vesting certificate work?

Answer 39

The contractor would include the cost of the items in an interim payment application. In return, the employer would ask for proof of purchase via a vesting certificate.

Question 40

What is included in a vesting certificate?

Answer 40

1) Names and addresses of parties
2) List of materials/goods and sums to be paid
3) A statement confirming the materials/goods are finished goods.
4) A statement confirming the materials/goods will be securely stored separately from other items not included in the project
5) Materials/goods to be clearly marked, including property of and project destination.
6) Materials/goods are fully insured for loss or damage.
7) Materials/goods will remain the contractors responsibility until delivered to site in accordance with the works.

Question 41

How did you calculate the provisional sums for the project?

Answer 41

Cost estimate based on previous project and the age and construction of the building.

Question 42

Why did you wait till February to undertake the R&D survey?

Answer 42

The client was reluctant to take any risks with cost prior to the contract sum being confirmed. They also wanted to complete the survey outside of term hours.

Question 43

What are the different types of asbestos?

Answer 43

1) Chrysotile - White
2) Crocidolite - Blue
3) Amosite - Brown

Question 44

What are the different types of asbestos in windows?

Answer 44

1) Window putty or caulking
2) Sash window cords
3) Asbestos cement as packing material around the windows

Question 45

Why did you carry out an asbestos survey under controlled conditions and what did this include?

Question 46

You mentioned the works required building regulation approval, why was this?

Answer 46

It’s considered a ‘controlled fitting’ under building regulations. Windows also need to comply with several building regulations approved documents and therefore, building control is required as it’s not a domestic project. Domestic projects could use a FENSA approved installer to avoid building regulation approval.

Question 47

Name 6 parts of a sash window?

Answer 47

1) Window cill
2) bottom rail
3) Meeting rail (separates bottom and top rails)
4) Mullions (these are vertical bars that separate window panes)
5) Staff bead (this is the trim that frames the sash box on the interior side. It keeps the sashes in place)
6) Sash stiles (run vertically up both sides of a sash)