APC Case Study Justifications

Question 1

What works exactly were carried out between April 2023 and January 2024?

Answer 1

April 2023 is when the works began on site and the contract was in place. January 2024 was when the project ended (by insolvency of the contractor!)

Question 2

The contract was Terminated in Jan 2024?

Answer 2

Yes, the contractor was declared insolvent and an administrator was brought in.

Question 3

What was the process for Termination?

Answer 3

On the declaration (by the party acting as the Liquidator) the contractor was insolvent and taken into administration the contract mechanism for Termination were automatically brought into effect, the sites were taken into possession of the client, and ….etc

Question 4

If so, why do you say ‘the works were carried out’ up until Jan 2024?

Answer 4

The discussion of the case study and the issues related to the project - the project was terminated in January and the works were carried out up until this date.

Question 5

In what manner did Ridge and the Client give their consent?

Answer 5

I approached my line manager and a senior person within the client organisation and requested that I wished to use some information about the project for the purposes of my Case Study presentation as part of my submission to the RICS APC Chartership application. I stated that the purpose of the Case Study was to write up about 2 nr Key Issues (problems that needed to be overcome from a quantity surveying perspective) and that I would share no personal information of any of the participants or make criticisms of the people involved. The issues I discuss would relate to how I gave advice and the actions recommended for the benefit of the project and client and demonstrate my knowledge and professionalism. The RICS would also be obliged to keep the submission confidential and used only for the purposes of the assessment. Both gave their consent for the submission. There was no formal written authorisation.

Question 6

Were there any conditions on granting permission?

Answer 6

No personal information, no criticisms of persons, no criticism of organisations, no sensitive or confidential information.

Question 7

You have a tree in your photo - what tree is this/did it require protection?

Answer 7

I don’t know what type of tree it is and it was not relevant to the works required - which were internal works, and did not interfere with access requirements. However, if it was part of the ‘enclosure’ of the works, then:
A Tree Preservation Order (TPO) is a legal mechanism in UK planning law that protects specific trees or woodlands, preventing their unauthorized removal, uprooting, lopping, or destruction. TPOs are issued by local planning authorities to conserve trees of significant amenity value or ecological importance. Anyone wishing to undertake work on a tree covered by a TPO must apply for consent from the local authority

Question 8

What was the completion date?

Answer 8

Works were not completed as a result of the contractor going into insolvency. [ref earlier flashcards regarding this]

Question 9

Tender assessment was based on quality and quantity - what was the percentage split?
Why this ratio of split?

Answer 9

60 Cost: 40 Quality

I did not prepare the tender documentation, however, I am aware that this client decides in consultation what the split should be. The client gave high priority to these works being done efficiently, adding social value, and managing residents well - this was the reason for the high quality ratio.

Question 10

JCT Intermediate 2016 with CDP was used - why this contract?

Answer 10

Less than a year, less than £1M, not very complicated, schedule of works already produced, client wanted control of design and issue variations, a refurbishment project, wanted cost certainty before start.

Question 11

What ‘upgrade works’ were required?

Answer 11

Howdens Greenwich Gloss kitchen
Upgrades (CPD) (M&E works):
- Cold Water - Design, supply and install all modifications to cold water systems to facilitate new kitchen, WCs and laundry
- Domestic Hot Water - Design, supply and install all modifications to hot water systems to facilitate new kitchen and WCs
- Heating - Design, supply and install new heated towel rails in the WCs and radiators in the kitche- n.
- Ventilation - Design, supply and install suitable mechanical supply and extract ventilation in the kitchen and WCs.
- Small Power - Design, supply and install new small power in the kitchen.
- Lighting - Lighting shall be provided in the form of LED fittings, it is envisaged that these will be suitable for the environment and either located in the suspended ceiling or surface mounted along with a number of down-lighters and pendant fittings where appropriate.
- Smoke Detection and Fire Alarm - The fire alarm system shall be mains powered with battery back-up to comply with BS 5839 level 1. The majority of the installation shall use smoke detection with heat detection in the kitchen
- Disabled Alarm - The Contractor shall provide a disabled toilet alarm system to cover rooms as noted within the Design Criteria
schedule.

Question 12

How did the Client ‘show value for money’ to the Cabinet?

Answer 12

I understood that the client needed to show the cabinet that the project underwent the correct procurement procedures, the tendering process was fair, that competitive costs for the works were obtained, and that the appropriate levels of quality and works execution procedures could be achieved.

Question 13

What is the Cabinet Procurement Committee?

Answer 13

Procurement cabinet meetings within the London Borough of Haringey are gatherings where key decision-makers discuss and strategize the procurement process for goods, services, or works required by the authority. These meetings likely involve senior officials, councillors, and experts responsible for managing procurement activities.

Question 14

What ‘times of the year’ does it sit?

Answer 14

The frequency of procurement cabinet meetings can vary depending on factors such as the volume of procurement activities, the urgency of procurement needs, and the administrative schedule of the authority. Typically, these meetings might occur on a regular basis, such as monthly or quarterly, to ensure effective oversight and decision-making in the procurement process

[There is also usually a requirement to book a slot to be seen by the committee in advance and these bookings may already be taken]

Question 15

What protection measures were in place?

Answer 15

physical barriers such as hoardings, fences, or temporary walls to restrict access. Signage and safety barriers are also used to clearly demarcate hazardous areas. Access points are controlled, and personnel may be stationed to manage entry. Additionally, regular communication with building users regarding site safety protocols and potential hazards is essential.

Question 16

Why was ‘cost’ the main driver, then time, and then quality, exactly?

Answer 16

Firstly, as a publicly funded project, cost efficiency is essential to ensure optimal use of taxpayers’ money and to meet budget constraints set by the council.

Secondly, programme duration is critical to minimize disruptions to residents’ lives and to ensure that essential services are maintained throughout the refurbishment process.

Finally, while quality is important for ensuring the longevity and functionality of the facility, compromises in quality may be acceptable if they do not compromise safety or essential services, allowing the project to be completed within budget and on schedule.

Prioritizing these factors allows the council to achieve its objectives of delivering necessary upgrades to the facility while efficiently managing resources and minimizing inconvenience to residents.

Question 17

What was discussed at the ‘pre-start meeting’?

Answer 17

Introduction and attendance
Health and safety briefing
Review of project scope, schedule, and milestones
Site rules and access arrangements
Construction methods and sequencing
Coordination of subcontractors and suppliers
Quality control and inspection procedures
Communication protocols and reporting mechanisms
Environmental considerations and waste management
Any specific project risks or issues to address before starting work.

Question 18

Who/what is Ridge’s Project Manager?

Answer 18

Person within the company who is the main point of contact with the client and has responsibility of keeping the team on track to meeting the scope of work and services agreed with the client.

Question 19

Why was the meeting called so late?

Answer 19

I understood that the Project Manager was liaising with the client during the intervening period where the Client wished to defer starting to best meet their own programming requirements; the issue of contractor remaining availability and holding of firm costs was not discussed between them; the contractor was also the contractor for other projects for the client and had a long relationship with them, I anticipate that the Client and Contractor may have been operating on the basis of ‘word of mouth’ as they were in regular contact with each other and were under the impression that one of them would have raised something if they needed to pull out/increase costs.

Question 20

Why did the contractor ‘announce’ they needed an uplift during the meeting and not earlier?

Answer 20

Ref earlier flashcard

Question 21

What consisted of the ‘additional £100k’ in uplift?

Answer 21

this related to a general uplift in preliminary costs, materials and labour, circa 15% (for list of work items ref answer above).

Question 22

Did you check this uplift and how did you check?

Answer 22

I made a line by line comparison between the agreed adjusted original tender sum and the new build up costs identifying which items had increased in costs and by how much. Most (not all?) firm costs increased, the overall percentage increase was also during a period of high inflation generally and these increases were broadly in line with that.

Question 23

Key issue 1 - Were there any other options you considered?

Answer 23

I mentioned approaching the original contractors ie: the alternative tenderers scored lower in the combined qualitative and quantitative scoring process. Construction costs within budget could be achieved as the originally recommended contractor was not the lowest cost option, however, there may be difficulty in achieving this due to the market volatility and high inflation during the intervening period.

Question 24

How did you ‘initially propose’?
What was the response?

Answer 24

I told the client on the phone I would look into their cost increase breakdown and if there was anything awry, otherwise, we would either need to increase the budget or reduce contract costs.

The client did not want the delay going to cabinet with the next sitting 6 weeks away and the budget might be declined. I therefore told her I would look into how I might bring costs down advising her there are going to be cost, time, and quality implications whatever we do.

Question 25

Why would there be 'significant delay' - when was the next Cabinet sitting?

Answer 25

Ref earlier flashcard. Infrequent meetings, monthly at greatest frequency however also need to be booked in advance which may already be taken.

Question 26

How did you 'liaise with the design team'?

Answer 26

My approach was communication by phone/email initially raising the issue (possibility for value engineering and need for discussion), then arranging a Teams meeting to go through the pricing document and the Employer's Requirements documentation to determine where savings might be made. I presented the pricing document so that the BS understood where the cost increases were (general increase across all items) and for any thoughts on where savings might be made.

Question 27

What 'discussion' did you have and how did you 'identify' only limited savings?

Answer 27

The refurbishment of existing areas, together with having to maintain the Client's Design Guide meant that there was limited scope in VE'ing the proposal, however, the proposal and Schedule of Works were based on condition surveys and recommendations for works areas that were classified 1-5 in terms of need for repair/renewing - these could be re-looked at and certain works omitted or alternative less costly works proposed eg clean instead of repair/redecorate/renew.

Question 28

What would 'further investigation of the existing conditions on site' entail?

Answer 28

Building Surveyor returning to site to review the scope of works and whether condition of any of these areas could be reclassified as not needing as much works eg cleaning/repair instead of redecorating/replacement.

Question 29

What sort of 'less costly repair/maintenance possibilities' might there have been?

Answer 29

Cleaning/repair instead of redecorating/replacement.

Question 30

What exactly were the 'client's and resident's expectations'?

Answer 30

The original scope of works, but underlying this was the need to update the communal areas of each of the Hubs. The residents were expecting new finishes to each of the rooms; new furniture; fully function M&E; new window dressing, etc.

Question 31

Why is omitting furniture 'minimally disruptive'?

Answer 31

allows the client flexibility in furniture selection, procurement, and installation, which can be managed independently of the construction timeline. This approach avoids potential delays or conflicts arising from coordinating furniture installation with building completion

Question 32

What were the PSUMs and Contingency allowances for this project?

Answer 32

£80K PSUM for asbestos removal works; £77,522.28 for contingency.

Question 33

How was £80k PSUM for asbestos removal calculated/what was it based on?

Answer 33

an Asbestos Management Survey Report identifying areas of likely asbestos; when comparing this with the scope of works, the extent of possible asbestos in these areas was quantified and costs estimated for full removal (removal of asbestos and reinstatement of new ceilings - where required) - these then formed the PSUM allowance for asbestos removal.

Question 34

How was it that you came to 'identify' that 'ceilings and floors' would contribute significantly to removal costs?

Answer 34

Primary areas of possible asbestos in relation to these works was in ceiling and floors which did form a substantial area of the works (ceiling lighting and floor finish replacement). Given the area I estimated the PSUM was a reasonable allowance (say £40/m2 = £80,000 = 2,000m2 (floors and ceiling) = 1,000m2 area. Take off £20k = 750m2.

Question 35

For 'light fittings' - what was originally specified, how was this to be fixed to the ceiling?

Answer 35

Tender Doc MEP Performance and Workmanship Specification: (Lighting shall be provided in the form of LED fittings, it is envisaged that these will mostly be 600x600 type suitable for the environment and located in the suspended ceiling or ceiling mounted along with a number of down-lighters and pendant fittings where appropriate. Ceiling - coating to plasterboard ceiling/textured coating; Chrysotile - coating to concrete ceiling/textured coating; £5,400/120m2; Chrysotile

Question 36

What were the 'non-invasive light fittings' and how were they fixed to the ceiling?

Answer 36

Same specification of light fittings however mounted on the surface.

Question 37

For the 'floor finishes' - what was originally specified/method of fixing, and what was this new floor finish and what was the method of installation by 'overlaying of substrates'?

Answer 37

Floor finish - vinyl flooring. Instead of removing the substrate (tiles and bitumen adhesive) or adhesive to floors below lino, these substrates would remain in place and new vinyl flooring placed on top. Floor - tiles and bitumen adhesive to floor below carpet and modern lino/composite; 4,560/12m2; chrysotile -adhesive to floors below modern lino and latex/bituminous product; chrysotile

Question 38

How did the 'client instruct the contractor to proceed'?

Answer 38

A Letter of Intent was issued by their legal department to the contract confirming their award of contract, the contract sum and for them to proceed with facilitating and enabling works, procurement, and asbestos survey

Question 39

How did the contractor 'set-up site'?

Answer 39

It set up site at two Hub locations first. Establish secure site compound and access control point; install site accommodation and welfare facilities.

Question 40

What variations were there?

Answer 40

Additions and omissions of areas, required or unrequired, such as works to flooring, handrails, door replacements, lighting, blinds, wall and ceiling decoration works, WC refurbishment and provision, ventilation, entire room refurbishments added or omitted.

Question 41

Why were they continually increasing - who was raising these variations and how?

Answer 41

Validation surveys undertaken jointly by the client and contract administrator.

Question 42

Why validation surveys?

Answer 42

The original surveys were meant to be 'high level' broad scope surveys of recommended works. The validation surveys were to pick up the finer details.

Question 43

How did you 'present the AFA'?

Answer 43

Pricing Doc with additional tabs for variations, anticipated variations, claims, etc. I showed them the summary table of AFA highlighting where the increase was occuring and then showing them the anticipated variations tab with the list of items with costs/budgt costs.

Question 44

What did the CA and Client say in response?

Answer 44

The client was still wary of approaching the Cabinet Committe, again - there would be time delay to do this and approval may be denied; the actual scope of the variations was still not known - ie what budget increase would be required? I then suggested I would consider what options we had and provide some advice for moving forward.

Question 45

Why do you state 'within the conditions of the contract' when this is all you have available?

Answer 45

This was my initial thoughts on proceeding, however as I considered further the options I realised that applying strict conditions of the contract as laid out what be obstructive in the situation and that a much more collaborative and open approach would be required to monitor and control costs, the scope of works, and programme.

Question 46

What is this 'Instructions for Tendering' document you mention - did you not follow the JCT Practice Tender Note 2017?

Answer 46

the Instructions for Tenderers document was supplementary to the Note and covered information on what was expected of the tenderers in relation to the following: Tendering - they need to download and fully review the tender documents and make a full submission. - visit the site and familiarise themselves with it and the works required within - queries during the tender period - reasons for disqualification of the tender submission (incomplete submission, acted dishonestly...) - client reserves right not to accept the lowest or any tender submitted. - not acted in any dishonest way - confidentiality - of good financial standing and capable of works - -quality questions and basis of scoring. - an evaluation will determine the most economically advantageous offer by means of apply this scoring - The highest scoring Tenderer will be appointed to the contract.

Question 47

Why did the Client not wish to undertake a 'full re-scoping survey'?

Answer 47

Their own management resources would not allow for this. Time constraints Contractual penalties for delaying the project Urgency of completion

Question 48

What would this 'rescoping survey' have involved?

Answer 48

Undertaking the survey (with contractor), spending time collating the variations required, agreeing with the contractor the costs and a revised programme. Say 2 week survey another week agree costs and programme. Mechanisms: Notice to the contractor Agreement on suspension Update of scope of works Notice to resume works

Question 49

Why did you propose this rescoping survey?

Answer 49

Undertaking the re-scoping survey allows the client to accurately assess the existing conditions of the project site, identify any discrepancies or inaccuracies in the initial scope of works, and make informed decisions regarding necessary adjustments or revisions to the project. This helps to minimize the risk of costly errors or delays during construction, ensures that the project aligns with the client's requirements and expectations, and ultimately enhances the likelihood of achieving a successful outcome within budget and schedule constraints.

Question 50

Why did the Client 'not have the resource' for this - what resource was required?

Answer 50

Early flashcard ie: Their own management resources would not allow for this. Time constraints Contractual penalties for delaying the project Urgency of completion Limited staffing

Question 51

What is 'Frustration'?

Answer 51

A frustrated contract occurs when an unforeseen event renders performance impossible, illegal, or radically different from what was originally contemplated, making it physically or commercially impossible to fulfill the contract's obligations. Frustration leads to automatic termination of the contract, releasing parties from further obligations.

Question 52

What is 'Termination'?

Answer 52

Termination under the JCT Intermediate Building Contract is the unilateral ending of the contract by one party, either the employer (client) or the contractor, in accordance with the termination provisions specified in Clause 8.

Question 53

How could 'Frustration' lead to 'Termination' and what would be the contractual mechanism employed?

Answer 53

Ref answer in flashcards for 'APC Experience Interpretation' Class. Also below: Termination may occur due to default or breach by one of the parties, frustration of the contract, or other specified grounds. The terminating party must provide written notice to the other party, specifying the effective date of termination, and comply with any notice periods and other contractual requirements outlined in the contract. Notice of Frustration: The party affected by the frustrating event provides written notice to the other party, notifying them of the event and its impact on the contract. Declaration of Termination: Upon establishing frustration of the contract, the affected party may declare the contract terminated, thereby bringing it to an end. Effect of Termination: Termination due to frustration releases both parties from further obligations under the contract, with neither party being liable for damages resulting from non-performance of obligations that become impossible due to the frustrating event. Documentation: It's important for both parties to document the frustrating event, the decision to terminate, and any agreements reached regarding post-termination matters. The specific procedures and requirements for termination due to frustration may vary depending on the terms of the contract and applicable legal principles.

Question 54

Why would re-tendering 'enable' the works to be carried out with the 'appropriate resources' and 'budget' on the principles of 'value for money'?

Answer 54

This helps to minimize the risk of costly errors or delays during construction, ensures that the project aligns with the client's requirements and expectations, and ultimately enhances the likelihood of achieving a successful outcome within budget and schedule constraints.

Question 55

What do you mean by 'Outcome' in relation to construction costs, time, works?

Answer 55

The 'outcome' that would result of implementing the proposal rather than staying with the current situation eg in relation to 'cost' the outcome would be that costs (construction costs only) would be reduced when compared with staying with the current situation.

Question 56

What does 'adequate programming and resource' mean?

Answer 56

the works would be properly planned and managed. Adequate programming and resource" in construction refers to scheduling tasks efficiently and allocating sufficient manpower, materials, and equipment to ensure timely completion of the project within budget and quality standards.

Question 57

Why would there be 'additional costs for contractor's loss and expense' as a result of Termination?

Answer 57

Ref answer in flashcards for 'APC Experience Interpretation' Class. Also below: If the contract is not seen as being 'frustrated' (where no party is culpable) following legal advice then the Client would be 'repudiating' the contract. The contractor may pursue a claim for damages against the client to recover losses incurred as a result of the wrongful termination. [SH: From 'meeting book notes' before meeting with LP: Unilateral termination by Employer on proiso that contractor's loss and expenses will be paid for clause 8.1,8.2; failure to proceed regularly and diligently clause 8.4; frustration 8.11; termination by contractor 8.12]

Question 58

What 'additional legal fees' would there be, and why might a 'dispute over Termination' occur?

Answer 58

Ref answer in flashcards for 'APC Experience Interpretation' Class. Also below: Disputes over "frustration" versus "repudiation" about the same event may arise due to differing views on whether the event rendered performance impossible (frustration) or if it signaled a party's intention to abandon the contract (repudiation). Disagreements may stem from interpretations of the event's cause, intent, legal consequences, contractual provisions, and commercial interests. Resolving such disputes requires careful analysis of the facts, contract terms, legal principles, and parties' conduct leading to the event.

Question 59

How would you 'compile the additional works', how long would this take?

Answer 59

Scheduling out the variations resulting from the joint scoping reviews over time, producing a new pricing document to be included in a new tender pack. The new tender pack would be based on alot of the same information as the original tender pack but reduced in scope.

Question 60

What do you mean by 'doubling up' of preliminaries?

Answer 60

There is a loss of economies of scale ie there are now two contractors on site to do the works rather than originally one.

Question 61

What preliminaries would be 'doubled up'?

Answer 61

to an extent all/most preliminary items would be increased as a result of two contractors instead of one - main overheads; site setup, insurance, etc

Question 62

Why would there be 'additional costs for late use of Instructions'?

Answer 62

Ineffecient programming of works - not carrying out works at the optimal time eg delays, inability to plan and coordinate works efficiently.

Question 63

What does 'late use of Instructions' mean?

Answer 63

If the resulting scope of works turns out it can be undertaken under the original contract then the compiled list of variations will in effect be issued as 'late' instructions and not Instructed at the appropriate time within the original programme.

Question 64

Would Cabinet be sitting during this period?

Answer 64

The sitting of the Cabinet can vary depending on demands and resource they have.

Question 65

Why would there be additional 'disruption to residents'?

Answer 65

Two contractors on site co-ordinating with each other and 'doubling up'; tendered-out additional works inevitably increases the overall programme to complete.

Question 66

Why might there be 'loss and expense claims from the original contractor'?

Answer 66

Disruption and Delay: The omission may disrupt the contractor's planned sequence of work, leading to delays in completing the remaining scope of works. Resource Reallocation: The contractor may have allocated resources and manpower based on the original contract scope, and the omission requires reallocating resources or remobilizing, incurring additional costs. Reduced Efficiency: Working on a reduced scope of works may decrease productivity and efficiency, leading to increased labor and overhead costs. Extended Duration: The contract duration may be extended due to the omission, resulting in prolonged site overheads and additional supervision costs. Contractual Entitlement: The JCT Intermediate Contract provides for the contractor to claim for loss and expense resulting from variations, including omissions, subject to meeting notification and substantiation requirements. Overall, the contractor may argue that the omission of a significant portion of the works has impacted their ability to perform efficiently and has resulted in additional costs, entitling them to claim for loss and expense under the contract.

Question 67

Why might there be 'loss and expense claims from the original contractor'?

Answer 67

Disruption and Delay: The omission may disrupt the contractor's planned sequence of work, leading to delays in completing the remaining scope of works. Resource Reallocation: The contractor may have allocated resources and manpower based on the original contract scope, and the omission requires reallocating resources or remobilizing, incurring additional costs. Reduced Efficiency: Working on a reduced scope of works may decrease productivity and efficiency, leading to increased labor and overhead costs. Extended Duration: The contract duration may be extended due to the omission, resulting in prolonged site overheads and additional supervision costs. Contractual Entitlement: The JCT Intermediate Contract provides for the contractor to claim for loss and expense resulting from variations, including omissions, subject to meeting notification and substantiation requirements. Overall, the contractor may argue that the omission of a significant portion of the works has impacted their ability to perform efficiently and has resulted in additional costs, entitling them to claim for loss and expense under the contract.

Question 68

Why might Cabinet not approve?

Answer 68

The aim is to optimize purchasing practices, achieve value for money, and uphold transparency and accountability in the expenditure of public funds. This project would not be a good example of that.

Question 69

How does two contractors on site 'impact progress, CDM Management, and consistency of works'?

Answer 69

Progress: Coordination challenges CDM Management: Managing health and safety becomes more complex with multiple contractors ach contractor may have their own methods, standards, and quality control processes Effective communication and coordination between contractors become crucial to prevent clashes, resolve conflicts Managing multiple contractors requires additional resources and oversight from the client or project manager

Question 70

What is a 'control methodology'?

Answer 70

Systematic approach used to monitor, assess, and manage changes to the contract scope, ensuring adherence to budgetary constraints and timely completion of the project

Question 71

What does 'effectively manage and plan the developing scope' mean?

Answer 71

Systematically analyzing, organizing, and adjusting project requirements as they evolve, ensuring alignment with project objectives, resources, and constraints while minimizing disruptions to progress and budget.

Question 72

What does 'working in isolation' mean, and why would this be 'impractical' under the circumstances for using standard contract mechanisms when undertaking 'change control, agreeing costs, time, programme, and loss and expense'?

Answer 72

Becomes impractical when there are numerous undiscovered variations because it lacks the flexibility and transparency needed to effectively manage evolving project requirements. A collaborative and open book approach fosters proactive communication, joint problem-solving, and early identification of variations, enabling timely and cost-effective responses to changes while maintaining project integrity and client satisfaction.

Question 73

If the client and contractor agree that they will take an open-book approach rather than stay with the standard contractual mechanisms half way through a project, can they do this?

Answer 73

Yes, in a JCT Intermediate Building Contract, the client and contractor can agree to adopt an open-book approach for cost control and management of variations, **even if it deviates from the standard contractual mechanisms.

Question 74

What does operating in a 'transparent and collaborative manner' mean?

Answer 74

fostering a cooperative relationship between the client and contractor, where both parties openly share project information, costs, and risks. It entails mutual trust, effective communication, and joint decision-making to achieve project objectives. Transparency encompasses disclosing financial data, project progress, and potential challenges, allowing for informed decision-making and proactive problem-solving. This approach promotes accountability, minimizes disputes, and maximizes project success by leveraging collective expertise and aligning interests towards shared goals.

Question 75

What would this involve? (operating in a transparent and collaborative manner)

Answer 75

Establishing Trust: Building a trusting relationship between the client and contractor through clear communication and consistent actions. Joint Planning: Collaboratively developing project plans, schedules, and budgets, ensuring alignment with project objectives and client expectations. Information Sharing: Openly sharing project information, including cost breakdowns, progress reports, and risk assessments, to facilitate informed decision-making. Cost Transparency: Providing visibility into project costs, including subcontractor quotes, material prices, and overheads, to ensure cost control and accountability. Risk Management: Identifying and assessing project risks together, developing mitigation strategies, and sharing responsibility for risk management. Problem-Solving: Collaborating to address challenges and resolve issues promptly, drawing on the collective expertise and resources of both parties. ***Change Management: Managing variations and change orders in a transparent manner, documenting changes and their impact on cost, schedule, and scope. Regular Communication: Holding regular meetings and updates to discuss project progress, challenges, and decisions, fostering an open dialogue between the client and contractor. Performance Monitoring: Monitoring project performance against agreed metrics and key performance indicators (KPIs), identifying areas for improvement and taking corrective actions as necessary. Continuous Improvement: Continuously reviewing processes and procedures to identify opportunities for efficiency gains, cost savings, and quality enhancements.

Question 76

What does 'open book basis' mean, and why would this be necessary?

Answer 76

Refer to earlier flashcard

Question 77

How would 'free sharing of information' be achieved?

Answer 77

Refer to earlier flashcard

Question 78

How would 'joint planning' be achieved?

Answer 78

Refer to earlier flashcard

Question 79

Why would this option 'preserve the possibility' that all works intended could be carried out to proramme requirements?

Answer 79

Refer to earlier flashcard

Question 80

What does 'to programme requirements' mean?

Answer 80

Refer to earlier flashcard

Question 81

What would this involve? (old case study answer)

Answer 81

Operating on the principle that the original intention behind the project (new scope of works) be respected and the contract sum not exceeded I arranged a meeting with the contractor to discuss the project and how to move forward. I presented my anticipated final account document and we discussed the difficulties I had identified in proceeding with the works. Decision: Following the meeting we came to an understanding that a partnering arrangement was required where we would agree to apply the contract change control mechanisms on a flexible basis. This had a number of consequences: * Variations would continue to accumulate and be instructed once notified as ‘due’ to the best endeavours of the contractor. * Effort would be made to agree costs as soon as possible to maximise accuracy of rolling anticipated final account, however, this would not be conditional before instructing. * Acceptance by the contractor of reviewing periodic issue of amendments/updates to ‘anticipated variations list’ (ie new items added, older items omitted/reinstated) based on strategic management decisions with client and contract administrator. * Acceptance by contract administrator of allowing periodic submission of updated programme/notices of extension of time. * Acceptance by client that additional contract administrator/clerk of works resource be given to attend to progress on site as means of establishing validity of loss and expense claims. * Scope of works jointly managed through use of ‘master’ anticipated final account document prepared on behalf of client and shared with contractor. This flexibility of approach and coordination then afforded the opportunity to assess variations over longer periods of time in a reiterative process as further batches of variations were identified allowing priorities of works and costs to develop in consultation with the client and contract administrator as the project proceeded, giving the client maximum engagement and putting the works on a more secure footing helping to avoid client and/or resident dissatisfaction and terminating the project.

Question 82

What 'expertise' would the contractor offer on site aiding the 'quality objective'?

Answer 82

familiarity with the sites, the works, the client, residents, buildability input.

Question 83

Why would there be 'additional time for agreeing costs/planning additional works'?

Answer 83

Time is saved by not having to re-tender (the advantage column) however when compared with a correctly scoped and programmed works (by terminating or re-tendering) there is still the matter of managing this evolving scope which takes up more time

Question 84

Why might the 'contractor and client be unwilling' or 'unable' to provide additional resource?

Answer 84

Revealing sensitive information such as pricing strategies or profit margins Fear of losing negotiating leverage Resistance to change traditional practices Worry about potential disputes or liabilities arising Implementing such a process may require additional resources, including personnel, time, and technology, to manage communication, data sharing, and collaborative decision-making effectively. There may also be concerns about the administrative burden and associated costs of maintaining transparency, such as tracking and documenting project information. Additionally, both parties may need to invest in training or infrastructure to support the new approach, further impacting resource allocation and management considerations.

Question 85

How did you 'discuss' the options with the Client?

Answer 85

I got back in touch with the client a few days later, by phone, stating that I had reviewed the options, had discussions with the contractor, and wanted to discuss them with her. Whilst considering the options I had prepared notes on each and produced a simple one page summary of the pro's and con's. I advised why I thought option 3 was the most appropriate however also stating the risks. On the basis that the option recommended was also 'staying the course' and less disruptive that way, however, with additional fees and contractor costs, the client agreed to proceed on the proposal.

Question 86

Is it certain that 'professional fees would not increase to the extent of the other options'?

Answer 86

There is alot of risk involved for this key issue, however, the other options involve either terminating (QS and BS fees for this to manage the process) and/or re-tendering (QS and BS fees for this process).

Question 87

How is 'co-opting' achieved?

Answer 87

Agreeing to share risk

Question 88

Is there a 'greater inherent uncertainty' and 'number of variables' associated with the other options?

Answer 88

Possible dispute over Termination; resultant scope might remain in budget; exposure to future market rates; loss and expense claim (loss of profit); Cabinet approval; two contractor coordination.

Question 89

How was the option 'implemented' - was there a formal agreement?

Answer 89

The new process was brought into 'life' by actions of all parties - meeting minutes; email correspondence; exchange of documentation over email; correspondences identifying processes Following agreement of the client for the proposed option, I stated that an email I had earlier issued to the contractor following the outcome of our negotiation would be tabled at the next weekly progress meeting - it would be reviewed and discussed there, with Minutes of the meeting taken and confirmed by email following production of the Minutes for agreement.

Question 90

What do you mean by 'nature of the problems'?

Answer 90

Being able to define the problem, why it is a problem, the principles to overcoming the problem (market, contractual, etc).

Question 91

What 'knowledge of market conditions' did you demonstrate?

Answer 91

Exposure to higher costs as a result of going back to the market through retendering.

Question 92

What were the market conditions at the time and what were the projections?

Answer 92

UK was going through a period of high inflation, as a result of Brexit, Covid, Ukraine, the long term projection were that they were going to remain high but gradually lower over a time frame of several years but still difficult to predict.

Question 93

What were the 'internal processes' of the client/how did you identify these?

Answer 93

A client I had worked for before on other projects. Processes of Cabinet Approval meetings; internal departments (procurement, project managers, legal,)

Question 94

How were you 'proactive' in identifying 'mitigation measures' for key issue 1?

Answer 94

Looking at contingency/psums to see if cost reductions could be made there by reducing the risk, and then carrying this forward by in effect reducing scope of works whilst at the same time maintaining quality and lower cost.

Question 95

What does 'optimising realisation' of the original contract mean?

Answer 95

Giving the original contract the 'best chance' of remaining in place for the whole scope of works by using a different change and cost control methodology which was more efficient and practical.

Question 96

How did you demonstrate 'contract knowledge' for key issue 2?

Answer 96

Understanding that the standard contract mechanisms were going to be insufficient to manage the situation (ref answer above).

Question 97

How did you 'develop close working relationships'/what does this mean/why is it a good thing?

Answer 97

Putting in to action the collaborative working for key issue 2 which required alot of communication, coordination, and communication with the contractor/CA/Client; working closely with design team and client to present the issues and present the solutions; mean - teamworking skills (standard answer); why good thing - getting things done which otherwise could not be done; finding solutions and working as a team to bring about success to achieve the project goals; increased productivity.

Question 98

Who was the Project Lead?

Answer 98

A BS in the firm. Won't mention name.

Question 99

What/when was the 'appropriate time' for directing the client in key issue 1?

Answer 99

in advance of the firm cost cut off date.

Question 100

What 'quality assurance' had taken place before you arrived on the project?

Answer 100

The standard Ridge practice (ref Mandatory Competencies entry for QA).

Question 101

What would you have 'double checked' of the documentation at the tender stage?

Answer 101

That the condition survey was properly and accurately carried out, and the scope of works reflected this.

Question 102

What 'compromises' were made at key issue 2 under the 'contractual framework'?

Answer 102

Standard mechanisms put aside and agreeing to change working procedures and enter into a collaborative relationship with the contractor on an open book basis.

Question 103

How do you define 'appropriate briefing of documentation'?

Answer 103

Any concerns or particular aspects around any of the documentation or practices undertaken to prepare them so that I am aware of any potential risks and how I might mitigate them.

Question 104

How were the works 'transferred' to you at the tender stage?

Answer 104

The project, stage it was at, workspace location, contacts, etc. No warning given of any difficulties that were or might be encountered.

Question 105

How are 'own as well as common objectives' relevant in this experience/do they compliment each other/is there a balance?

Answer 105

Both parties to the contract are there to fulfill the contract and this is the common objective that we shoul all be working to. Each party however have entered into the contract because they both have something to gain from the agreement ie contractor - payment, client - the works. Both these aspects are important and the right balance needs to be achieved, in this instance, by approaching management and control of the works in a different way.

Question 106

What is 'managing a project'?

Answer 106

Coordinating and overseeing all aspects of its planning, execution, and completion, ensuring alignment with objectives, timelines, and budgets, while effectively communicating and collaborating between the contractor and client to achieve successful outcomes.

Question 107

Why didn't you include any other appendices in your submission?

Answer 107

Didn't want to confuse anything. If not needed best to leave out.

Question 108

Was there nothing that needed clarifying?

Answer 108

I had considered including a table in the change of contract sum breakdowns for key issue 1, and a table of the variations after 6 weeks for key issue 2, however these would have detracted from the central point I wanted to get across which was the principles behind the proposed options.