Case Study Questions Flashcards
Why did you choose a design and build contract for the Link Bridge?
- Demolition of the link bridge could begin whilst the façade design was still being finalised.
- Harness the contractor experience of similar projects and input of buildability into the design.
- As the employer’s requirements were to match the existing façade, there was no real need for ownership of the design as enacted in traditional procurement. During the PCSA period, stone, aluminium and glass samples were reviewed on site by the client architect prior to sign-off.
Why did you choose a two-stage procurement route for the Link Bridge?
- Demolition of the link bridge could begin whilst the façade design was still being finalised. If a single stage route was used, a complete design would typically be in place prior to works starting on site.
- Unattractive project to the market, and the high costs associated with single stage may have deterred contractors from bidding for the works. Therefore, to ensure my client had suitable competition in the tender stage, two stage seemed the most suitable option
What other contracts could have been used? Why wasn’t a management contract used?
Design would be the responsibility of the client, and I wanted to protect my clients interests by harnessing the experience of the contractor into the design. It is not simply the benefits of stick vs unitised, by how methodologies such as scaffold hoists, internal waste routes, cranes etc affect the live building.
In addition, the JCT PCSA is only intended for use with the D&B, standard, major projects and intermediate contracts.
Key pros and cons of stick vs unitised?
- Stick – large amounts of onsite cutting – noise disturbance
- Unitised – longer period off site but shorter period on site.
- Stick system is more affected by weather conditions.
- A stick system is more malleable to the conditions on site, and can be more easily adjusted.
- However, using a top tier contractor such as Permasteelisa, the design liability sits with them, therefore my key concern is the operation of the building.
- Little appetite for stick system – only Schneider provided a return.
Did you undertake any normalisation at tender?
From a programme perspective, we provided a target practical completion date, in which all tenderers provided compliant programmes.
How would you ensure parity amongst tender returns?
Although all programmers could be compliant, some may have greater periods off site and therefore less disruption, some may have inherently higher prelim costs such as using a crane. If all tenders bid on a set methodology, parity of analysis could be achieved, but optimal solutions could be proposed as a second option.
What are the components of a PCSA?
- The PCSA document
- Project particulars
- Scope of services
- Cost plan
- Programme
- Draft building contract
- First stage tender documents
Why use a PCSA?
- Allows instructions and early orders.
- Contactor input for buildability and design.
- Greater understanding of programme and cost prior to signing the main contract;.
Why use a PCSA over an LOI?
An employer may need to involve a contractor in a project before it is ready to sign a building contract. This is sometimes generically known as early contractor involvement (ECI). Two common types of agreement between an employer and a contractor in these circumstances are a letter of intent and a pre-construction services agreement (PCSA).
- When using an LOI, this is typically when the design is mostly settled, and the employer/contractor are negotiating the final terms. A well drafted letter of intent can provide a legal framework for the contractor to begin work.
- For PCSA, this is when the employer wishes for the contractor to provide design, programme and buildability input prior to entering into the main contract (therefore the design isn’t fully developed). The PCSA allows early orders to be placed for long-lead items etc.
What is the difference between a letter of intent and a comfort letter?
- A comfort letter is a non-binding statement of the future intention to enter into a contractual agreement, whereas a well drafted letter of intent can act as an interim contract.
What part of the contract were the stand down days detailed in?
Schedule of Amendments
What was the weighting of tender analysis?
60% commercial 40% technical
Give me examples of the components of tender analysis
- Tender recommendation report
- Prelims and OH&P, main works, BAFO, tender queries, technical response, in line with TFOG
JCT and change control – how was the change in scope instructed (as PCSA – allows instructions)?
- This was instructed using the change control procedure
- The JCT document makes a provision for Employer’s Instructions, but does not define a process for change control.
- On my projects, I use smartsheet for change control. Firstly the client will raise a change for example, and this will be distributed to the relevant designers/contractor (if traditional) or straight to the contractor if D&B. This is essentially a feasibility study for cost/programme/design impact, which is then presented to the client to make a formal decision. AThe Arcadis change control procedure seeks to implement changes 2 weeks after they have been raised.
What PCSA document was used?
JCT PCSA 2016
How do you run an inclusive meeting?
- Sending an agenda prior and
- Ensure everyone has a voice – Teams good – in person
- Clear next steps and action owners
- Opportunities for everyone to add further points
- Challenge poor behaviour
- Ask to mute mics with background noise
What were the key objectives?
- Remove link bridge and reinstate the façade to match the existing – quality
- Minimise disruption to client building
- Following this – programme and cost
How were the options in your case study presented?
formal paper as part of my weekly client meeting
How did you create the stakeholder map?
liaised with colleagues that were already working within the building, discussed with my client who were the key business leaders on each floor, and the more obvious stakeholders such as H&S and security. – Regularly reviewed and updated stakeholder map.
What is your role under CDM?
Advise my client and make them aware of their duties.
CDM Client duties:
- Appoint a Principal Contractor and Principal Designer
- Allowing sufficient time and resource for each stage of the project
- Ensure that the PD/PC carry out their duties under CDM
- Ensure that the appropriate documentation is in place and provided (PCI, CPP, H&S File)
- For notifiable projects (last longer than working 30 days and involves more than 20 workers at any one time, or the work exceeds 500 individual worker days), the client must notify the HSE through an F10 notification form
How would you prioritise stakeholders on your project?
following a stakeholder mapping exercise, understand who will have the most influence. If high, regular communication, keep them informed and understand their needs and individual requirements (site visits, reports etc).
Components of stakeholder management plan?
- Stakeholder map
- Stakeholder influence
- Strategy for individual stakeholders
- Regularly update and review
How would you deal with tender errors?
nder the JCT Tendering Practice Note 2017, there is alternative 1 and alternative 2. Alternative 1 is where the correction of the tender price is not permitted, and alternative 2 is where the correction of the tender price is permitted. The tenderer must be made aware of the error, and confirm or withdraw under Alternative 1. Under Alternative 2, they can confirm/withdraw, or have the opportunity to amend. If withdrawn, the endorsement should be signed by both parties, if amended under Alternative 2, a letter should be attached to the tender acceptance.
Examples of project finance?
- Issuing payment certificates
- Value engineering
- Programme and resource – prolongation fees
- Timesheets and billability
- Being aware of my own scope on a project
Why was the change in methodology a client risk?
– Client updated ERs to reflect requirements for noise
Can you issue an EoT under a PCSA?
No.
What is the difference between single stage and two stage?
- Single stage – fully developed design at tender (sufficiently developed ERs if design portion)
- Two-stage – contractor input to complete full design (ERs not sufficiently developed if design portion)
Why did you choose JCT over NEC?
Client preference, industry standard, although NEC could have also been used.
Why use a collateral warranty?
Sue for professional negligence due to a latent defect for example. Secondly, it provides step in rights if the main contractor was to go bust for example.
What are step in rights?
. In relation to construction and property development, a collateral warranty or schedule of third party rights may include a right for the beneficiary of the collateral warranty to step in and take over the developer’s rights as employer of a building contractor or a professional consultant, if the developer commits a serious and unremedied breach of the building contract or the professional appointment
What is the difference between a collateral warranty and Third Party Rights?
? Essentially no difference, they both provide security to third parties to a contract for professional negligence, latent defects and step in rights for example. However, Third Party Rights are detailed in the contract, and a collateral warranty is a separate document. There may be a preference for a collateral warranty as a client legal team may draft it for inclusion within the contract, and therefore have more preferable wording specific to the client.
What is a schedule of amendments?
A schedule whereby the parties agree to deviations from the standard form. As the JCT is drafted to be equal to both parties, these amendments are likely to benefit one party over another.
What Data Management legislation are you aware of?
- Data Protection Act 2018
- General Data Protection Regulations 2018
o Data is used fairly, lawfully and transparently
o Used for specified, explicit purposes
o Accurate and up to date
o Kept for no longer than necessary
o Handled in an appropriate way that ensures security
How do you manage data on your projects?
- Within Arcadis, we have the information sharing rules, which define the requirement for using public, internal, confidential and restricted data. These requirements include actions such as access, storage, printing, transmitting and disposal.
- On my Aviva project, the professional team were under an NDA until the works started on site. This meant that thew information was classified as confidential/restricted, and could only be shared with those detailed under the NDA.
- Responsibility of project manager to ensure that access to filing system is up to date, and data is not being stored for longer than its intended period.
How are EOTs dealt with under JCT?
- The contractor is required to notify the CA/EA when it becomes reasonably apparent that the progress of the works is, or is likely to be, delayed by a relevant event and/or a relevant matter.
- The CA/EA should then make a fair and reasonable assessment of the extension of time request.
- If an agreement can’t be made and a dispute arises – dispute resolution procedure.
What is a relevant matter?
– contractor can claim loss-expense from an event caused by the client:
- Failure to give possession to site
- Inaccurate information
- Delays receiving instruction
- Issues around CDM etc
What is a Relevant Event?
– allows contractor to claim an extension of time – caused by the client or a neutral event.
- Exceptionally adverse weather
- Terrorism
- Failure to provide information.
What are Relevant Events/Matters under NEC?
compensation events.
What is the cost to a designer for causing a delay?
Under SBC, generally considered a client risk. Although a consultant may put a percentage of their fee against a KPI. For D&B, contractor risk. If PC date affected, Client able to claim LADs.
Name some elements of the SoA (Schedule of Amendments)
- 7 Stand down days
- 12 months rectification period (so all seasons experienced)
- 5% retention instead of 3%. Greater motivation for the contractor to deliver on time, and protects client in the event of the contractor going bust, in terms of the cost of appointing a new contractor.
Change control procedure.
What would be an alternative to revised methodology at tender stage?
Early noise monitoring and define noise levels within contract.
What leadership theories are you aware of?
- Tuckman’s model of team development
- Maslow’s hierarchy of needs.
- Democratic, authoritarian, lasses fair leadership.
What is the difference between hard and soft skills?
Hard skills are education, technical, training etc. Whereas soft skills are personality traits and interpersonal.
Importance of reinforcing informal communication through formal channels.
What is Tuckman’s model of team performance?
- Forming
- Storming
- Norming
- Performing
- Adjourning
What human resource legislation are you aware of?
The Equality Act 2010 - projects people from discrimination in the workplace and in wider society.
Give some examples of measuring team performance.
- Hitting programme targets
- Accurate cost estimates throughout design and construction
- Team GPS
- Client feedback
- Consultant KPIs
- On site sustainability with contractor.
Why did you not use Section Completion?
Due to the construction methodology (unitised system), if SC was awarded floor by floor with the demolition, the facade would not actually be finished (only weather screen in place), as the whole bridge was removed prior to the unitised facade install.
In hindsight, I should have included a provision within the SoA for written approval prior to moving to the next floor.
Is there a provision for step in rights within the Rights of Third Parties Act?
No, but there is with a collateral warranty.
