Conversation Questions Flashcards

Question

Discuss Building Act, MBIE determinations, building consents

Answer 1

Building Regulations 1992 Schedule 1 Apple Shed used used Acceptable Solutions and 2xDeterminations

Answer 2

BC Usually needs: -Drawings -Spec -COW (Form 2A) -CoT - Council Checklist -Form 2 - Application -Agreement to provide PS -Any determinations -Letter of Authorisation -PS1s -Survey -Geotech Report -Civil Reports (Stormwater, Effluent) - Structural Engineer documents (COW, Calc, PS1)

Answer 3

Early research on products 50% and 100% Architect “Red Pen” Mark-ups SGA Templates Archicad templates Defined Filing Systems Record keeping Clarifying in writing Site Visits/Observation

Answer 4

* CRC * 5% to $50,000 max retentions * Client supply items * Client Contract Works Insurance * 40/60 retentions * Site possession on 3rd of August * Prime cost and Provisional Sums allowed for * Contenigency Sum allowed for * Time for completion in stages (no PC date) * No liquidated damages * Construction prgramme to be received at 1st Payment Claim * Offsite payemtns only allowed for: Cabinetry + Aluminium Joinery

Answer 5

Advise Tenderer before Acceptence of tender. Tenderer can widthdraw or honor tender summary (can they fix?)

Answer 6

ECI/Negotiated Tender

Answer 7

Some back and forth from both SGA and Crate, to clarify tags, inclusions and exclusions. Compare against QS estimate

Answer 8

* CRC * 5% to $50,000 max retentions * Client supply items * Client Contractor Works Insurance * 40/60 retentions * Site possession on 3rd of August * Prime cost and Provisional Sums allowed for * Contenigency Sum allowed for * Time for completion in stages (no PC date) * No liquidated damages * Construction prgramme to be received at 1st Payment Claim * Offsite payemtns only allowed for: Cabinetry + Aluminium Joinery

Answer 9

We have commonly done this only with contractors we know/have worked with before, *only with client approval* also based on the size/scope of project. Given that if a builder is working on say a 8-10% margin they get no profit all all during the typical 10% retention contract period. Payments are made around 20th of following month so the client has that time cover, being “behind” on payments as more work has been done before they pay if there should be some issues. Gospel according to DS...

Answer 10

Gave the Facts to the client: Availbility Previous working relationship Happy to do ECI Disclose Conflict of Interest Client chose to go ahead with them

Answer 11

Site meeting every month before payment claim Notes from prev meetings analysed List of discussion items compiled Special Site vists not needed Site minutes distributed

Answer 12

Observation to see generally if details have been built to contract doucments Talk to Site Foreman about any issues Observe H&S Minutes

Answer 13

Cabinetry Shop Drawings only. Window shops were reviewed in person with the contractor (next door). We noted the items to contractor and they sent an email to the window manufacturer Kowhai Garage had window shop drawings. No disclaimer added to either Say what you know about shop drawings 10 days Disclaimer Talk about window joinery at England Street

Answer 14

Built-In 10 year guarantee. A result of bank request 10 year implied warrntee under the Act

Answer 15

Contract works - client Plant - Contractor Public Liability - Contractor Motor Vehicle - Contractor Demolition costs were insured - presume for minor dwelling ($113,200) We asked contractor for renewed documents

Answer 16

ADs - 31 ADs sent Examples: Bathroom Change - client request Minor dwelling framing - contractor discovery Entry pathway A: Direction – Action immediately or information only B: Action immediately- Price to follow. C: Price Request only- Do not action unless directed.

Answer 17

Variations managed through Architectural Directions (ADs) and Variation Schedule. Clients informed of variation costs through ADs and Payment Schedule (not variations schedule) Contractor's cost-actuals document provides breakdown of costs related to variations per claim VPRs and VO

Answer 18

2.5% fluccuations and 5% contingency in SGA estimate 7.5% in QS report (but we asked to redcue to 5%) 7.5% Contingency + fluctations allowance in tender summary

Answer 19

Observation Payment Claim recevied Evaluated asap Judgement made Schedule to all parties No client amenedments Contractor sends invoice Client pays

Answer 20

Site photos Invoices Any missing invoices Clarifcations with the contractor Judgement Impartiality

Answer 21

As per the Contract - this is also answered on another card so remeember!

Answer 22

Contractor on clients behalf, although it is the clients responsibility

Answer 23

Covid delay, defects not complete on time, deffered works too much longer than expected And covid level 4 Client wasnt too happy!

Answer 24

S36, S39 HSID reports Contractor Site Specfic H&S plan (requested at Pre-start meeting)

Answer 25

Contract terms: 1. Either the Principal or the Contractor can inform the Architect. 2. The Architect must respond in writing within 10 working days. 3. If there's dissatisfaction, mediation is initiated. 4. Mediation request must be in writing within 30 working days. 5. Mediator's decision binds unless rejected within 10 working days. 6. If no mediation or settlement in 30 working days, dispute goes to Arbitration. 7. Arbitrator appointment within 15 working days. 8. Arbitrator's decision is final and binding.

Answer 26

Same as the if there were disputes form the contractor side. Refer to other cue card

Answer 27

Sole Trade Partnership Co-Operative Joint Venture (only temp) Limited Liability Company in 10 year with emplyees a Limited Liability company would be best

Answer 28

Not an expert - would get an accountant You have to fulfil your legal obligations Keep a serpate bank account for business costs

Answer 29

Hold PI of 2,000,000 for any one claim or 4,000,000 in aggregate

Answer 30

NZIA support, colleauges etc business.govt.nz Practice Notes! banks can provide you with a buiness plan So can NZIA

Answer 31

**The Registered Architects Rules (2006) state that ‘a registered architect must abide by the professional codes of ethics and conduct and laws in force in the countries and jurisdictions in which he or she provides professional service.’** Understanding there are a number of Laws that have be be complied with. Keep up to date with Law changes in relation to business and the construction insdustry * Registered Architects Act 2005 * Registered Architect Rules 2006 * Copyright Act 1994 * Consumer Guarantees Act 1993 * Fair Trading Act 1986 * Arbitration Act 1996 * Privacy Act 2020 * Goods and Services Tax Act 1985 * Health and Safety at Work Act 2015 * Resource Management Act 1991 * Building Act 2004 * Construction Contracts Act 2002

Answer 32

Templates Record Keeping Filing Systems Office Manager handling financial obligations Staf meetings Mark-Ups Monday.com Office manual

Answer 33

Because the majority of banks now require this extra protection in the form of a 10 year guarantee If the builder defaults it is more beneficial to have a guarantee than warranty

Answer 34

Apple shed Bank Apple shed Deferred works Apple Shed Pool Plaster Colour

Answer 35

Extension of covered deck/outdoor room

Answer 36

Owner Builder Provisions would not apply as a builder would presumely is LBP What are the risks? Less control because builder/client would have greater say Presumely builder/client would be project managing Design build and not admistering Automatic ECI Automatic Limited Services Talk to insurer and colleagues to see if any risk Arguments/disputes may be hard to resolve. Are you confortable with working with this paticular builder/client? Will you be happy with the result?

Answer 37

Check this

Answer 38

Generally 2million is carried by smaller builders. SCC 2018 had 1,000,000 but 2023 will have 2,000,000. Because the broadfofm liability (public liability) that Crate carried was only 2,000,000

Answer 39

10,000,000 is high yes when contact only requires 2,000,000

Answer 40

Clients Bond? - Typically if developers Understand requirment for Bond and inform principal Same if other way around (and its more common) (three types of bonds: -Contractor performacen bond -Principals Bond -Bond in Lieu of Retentions)

Answer 41

Special character zone Earthworks exceeded Building Coverage exceeded Impereable Area exceeded Minor HIRB Water discharge???? (Maybe don’t mention) Lots of other stuff. Look into this in depth

Answer 42

Clients broker advised contractor to take out Contract Works Insurance We noted this may lead to grey areas The client extended their insurance to cover the works. We are not insurance experts Should we have advised this? We weren’t advising we kept to the facts. “In our experience….” WE SHOULD HAVE SENT A LETTER USING PRO-FORMA GUIDE-LETTER IN PRACTICE NOTE 9.410

Answer 43

Perhaps should have been. But usually Schedule E2 (PS3) are required in the format that the council requires. They may not accept the E2 schedule

Answer 44

Slightly above from Tender Summary Tender Price: $1,131,585.56 Excl GST Final Payment: $1,262,413.73 Excl GST Difference: $130,828.17

Answer 45

Letter of Acceptence should only be send once agreement of client has been obtained for the Final Tender Summary Apple Shed Letter of Acceptence was sent without any record of the client agreeing to the final summary

Answer 46

Defects liabiliy certifiate should only be send once ALL the defects and deffered works are complete We waited until december for all defects/deffered works to be completed Because defects didn’t affect compliance (Pool cover, light angle, marks on walls) CCC could be obtained before hand In reality after the final inspection and all compliance items have been finalised, then CCC can be granted. the council doesnt care about non-compliance items such as a light being the wrong angle etc)

Answer 47

We stuck to the facts and wrote about our obligations under the contract (observation role) There is a proforma from NZIA that could have been used for the bank letter. Bank Funding Statement (PN1.227)

Answer 48

From SCC: Contract Works insurance 1.1 The Contractor shall effect insurance in the names of the Principal and the Contractor. OR The Principal shall effect insurance in the joint names of the Principal, the Contractor and subcontractors. We opted for the latter as there were exisiting works on the property - to avoid grey areas

Answer 49

"Once you have your Contract Works insurance in place it is recommended that your broker also have a chat to the minor dwelling moving company to get an accurate description of the job (they might want to discuss the equipment being used, estimated time of the move etc." Insurance requirements incase something goes wrong. Who's insurnace pays, the movers or the clients? Have this sorted before any work starts

Answer 50

Early research on products 50% and 100% Architect “Red Pen” Mark-ups SGA Templates Defined Filing Systems Record keeping Clarifying in writing Site Visits/Observation

Answer 51

Design: AAS cover letter showstime estimates Practice Meetings (support needed) Team meetings Project work plan Set internal deadlines Keeping Clients informed - proress sets Consultant requests for timelines Sharing our timelines with all parties Designing within Unitary Plan Monday.com Practice manager Knowing how many hours allowed for Construction: Keeping parties informed through: Requesting contractor timeline (on SCC and pre-start meeting) Emails Meeting Minutes ADs Contractor provided timeline

Answer 52

Keeping Parties Informed of changes Avoid RC Using 3604 - simplify structure QS ECI Detail changes (Steel Portal)

Answer 53

Kick-off meeting on site

Answer 54

Extensions of time only apply to Practical Completion. However Extension was partially given for DLP due to Covid Contract General Conditions notes extension of time for "Something else of significance beyond the Contractor’s control." This would apply New SCC 2024 considers pandemic events

Answer 55

Clients took a whille to gather thier thoughts and fill in SGA brief document before approaching A lot of time waiting for client feedback There was a big gap from the singing of the AAS to concept design (2 months), waiting for survey, gap between concept and prelim (3 months), waiting for clients feedback, and between prelim and developed (2 months) - a month between 50% prelim and 100% prelim waiting for client feedback

Answer 56

Site works was asked by client to be included in the brief Estimated included site works (site establishement and cleanrance) but not landscaping

Answer 57

Even though brief is clear, there is a risk of brief creep. Dave would’ve been aware of this from previous projects, and revising the AAS as required with revised estimates and fees, and scope, is ultimately more clear for all involved. He noted this in his revised estimate email (now that we have a better defined project)

Answer 58

Garage meant carport in estimate

Answer 59

Removed Coastal Factor (interesting why it was there in the first place) P&G and Contractors margin changed as a result of above Contingency increased to 5% - presumably based on looking at existing work Development contributions added

Answer 60

Yes fluctuations allowed in both estimate and SCC at 2.5% but not with Schedule C1

Answer 61

Who are the parties who are the consultants how many consultants will you be a sub-consultant who is the clients who is calling the shots what are the limits of your role? not RBW is the company who is paying for your fees a legal entity (incorperated) What is the timeline Time, quality or cost triangle

Answer 62

Architects judgement: -what period is normally offered -client expectation -the strength of the person who the warranty is being sought -the likelihood of the warranty being called up Get agreement between contractor and principal 10 years under Building Act - implied warranties

Answer 63

Not sure if this is a thing....I think everything has to comply with RMA If it doesnt have adverse affects on the environment possibly temporary works - but have to be permitted

Answer 64

* Meet and talk to them if required * Send them welcome book and brief doucments * Clients encoruaged to send back as much information as possible (property file etc) * Gather some inital information from GIS to asses feasability * Review brief * Send AAS * Do inital estimate/Get QS * Discuss/Meet with clients * Site Visit and Measure * Get survey

Answer 65

Get AAS signed as early as possible. Some inital feasibility (eg GIS) may not be able to be charged but most items on AAS B1 should be charged.

Answer 66

A lot of time waiting for client feedback There was a big gap from the singing of the AAS to concept design (2 months), waiting for survey, gap between concept and prelim (3 months), waiting for clients feedback, and between prelim and developed (2 months) - a month between 50% prelim and 100% prelim waiting for client feedback

Answer 67

A resource consent notice is a notice of intention to start work Consent notices are a form of covenant between the council and the land owner and can only be imposed through a subdivision consent. (Council imposing restrictions on the site - developments??)

Answer 68

This is the same as limited services. Refer to Practice Note and Discliamer Proforma “However when requested the architect will visit the site to answer specific rations put to them by the Client concerning design problems, or the Architect’s construction documents.”

Answer 69

Yes presumely for RBW. Talk to Dahlia Cannot sign RBW as architectural practice

Answer 70

As soon as you know you are not working within the Permitted Activities. But can enegage once plans are finalised at preliminary developed design.

Answer 71

yes the end of practice note 1.316 describes this

Answer 72

Could be a good idea (design, constrction, **maintainance/repair, demolition**)

Answer 73

no provision - but should charge more fees Clients think they will save money but don’t consider rework and extra consultant costs

Answer 74

No SCC was standard form - but schedules were deleted to more match short form and to match specific conditions (no bonds, fluctuations, schedule of quantities etc)

Answer 75

An extension of existing insurance works well as the Contract Works insurance needs to cover the full replacement value of the existing less the value of any demolition works.

Answer 76

The project Architect asked, to contact the mortgage advisor and bank, to accelerate the process. The Architect proceeded to call the bank without the permission of the client where upon the client called to state his disapproval about this process. A more appropriate action may have been to provide the bank, through the clients mortgage broker, with a Bank Funding Statement (PN1.227) that may be used in place of the valuation. It should be noted a Bank Funding Statementsincurs more risk and, therefore should be reflected in an additional fee.

Answer 77

Dave kept it factutal - but since values in the bank spreadsheet were changed then yes it was risky. Bank funding letter can be risky due to evidence of duty owed by architect so should be reflected in additional fee The letter could have taken the form of the proforma in PN1.227

Answer 78

we advised the client to update their insurer regarding the status of the contract works, prior to the certificate being issued. The clients sent the list of deferred works to the insurer. The clients confirmed that their new house policy will cover deferred works except the pool and the existing contract works policy will cover the pool for a period.

Answer 79

this can happen when compliance items have been completed. Usually after Final Inspection. Usually happens after practical completion or after defects liability period.

Answer 80

No but often useful due to final inspection can help identify defects Deferred works you can also make Final Inspection a condition of gaining PC in the SCC

Answer 81

No - it can come from Architect. There is a proforma in tender Schedules to do on behalf of client

Answer 82

same as public liability Public Liability insurance otherwise known as General or Broadform Liability, is the foundation to a business' liability insurance programme.

Answer 83

This provides indemnity when action is taken by a regulator (or statutory body with authority to prosecute under an Act of New Zealand Parliament) against you or your business because of a breach of a New Zealand statute.

Answer 84

Discuss further with the client what they mean by originality, all project should have originality to an extent (i.e architecture of place). Discuss processes and working with an Architect. Explain that each project is unique due to different site conditions, context, client needs and budgets. Make sure the word ‘originality’ isn’t in the contract

Answer 85

You shouldnt rely on just one employee Give them incentive to stay Be honest with your client that your team has changed Upskill Hire another consultant

Answer 86

AAS; Right to renegotiate under Part D; Clause 15.2 If architect agrees to undertake the variations then the architect will be entitled to charge on a time and cost basis at an hourly rate as stated in part C Special Conditions? Fee linked to m2 rate so you can identify scope creep. Under AAS pg 4: “Programme – At the time of this Agreement, the Client’s anticipated timing to Practical Completion is as per the programme attached. Any extension of the programme may result in an upward pro-rata adjustment of the underlying fee percentage quoted. To the extent the construction period is extended requiring further observation the fee per month shall be increased by one third of the average monthly fee for the preceding three months.”

Answer 87

Assess market conditions, ask colleagues/prof. network. Engage QS to benchmark against m2 rate - ‘rough order of costs’. Analyse timesheets. Manage Client expectations - quality, timeframe etc. List contentious items out as Contract exclusions in Special Conditions - identify excluded scope in drawings.

Answer 88

Option A: Agreement with the trust – all trustees should sign the agreement. Option B: All trustees to sign approval letter with written confirmation for representative X to provide all approvals for the purposes of project X. Commerical Clients - Consumer Guarantees Act doesn’t apply.

Answer 89

Is my client a legal person? A trust is not a legal person so any contract entered into must be with the Trustees, not the Trust. The most common forms of legal persons are natural people (individuals) and companies

Answer 90

* An unincorporated body, such as an unincorporated club. * A ‘company’ (so called) which is yet to be incorporated. * A minor, i.e. someone under the age of 18. * A person not having legal status, such as an undischarged bankrupt or person of unsound mind.

Answer 91

Section A-N

Answer 92

1. Name, 2. Objects; i.e. Promote excellence in NZ Architecture, 3. Powers, 4. Interpretations, 5. Membership, 6. Disciplinary Proceedings, 7. Constitution of Council, 8. Officers of Council, 9. Branches, 10. Annual General Meetings, 11. Entrance Fees and Subscriptions, 12. Alterations to Rules, 13. Liquidation and Disposition of Property, 14. Notices and Communications.

Answer 93

Any variations to this Agreement, including to the scope and nature of the Agreed Services, must be in writing and will be subject to all the terms and conditions of this Agreement. 15.2 Variations to the Agreed Services may be requested by the Client. In the event the Architect agrees to undertake the variations then the Architect will be entitled to charge on a time and cost basis at an hourly rate as stated in Part C. 15.3 If the Agreed Services need to be delayed or accelerated because of changes in the Client’s instructions or requirements, or due to any reasons beyond the Architect’s reasonable control, then irrespective of the manner in which fees are being charged, the Architect shall be entitled to additional fees on a time and cost basis.

Answer 94

**$250 Thousand is the maximum liable for a claim. ** The client will need to cover the remainder of the claim. If it is gross negligence / incompetence then under ‘Tort’ law the architect may be liable for more.

Answer 95

The mana whenua have a special cultural and spiritual relationship with the environment which is a matter of national importance under the Resource Management Act. Include relationships with their scared sites, treasures , water and ancestral lands. Mana whenua interests are represented by 19 iwi authorities in Auckland. Benefits Understand the history of your area and site Be informed about the views of mana whenua Ensure AEE Get written approvals from potentially affects iwi to help avoid notification Cultural Values Assessment prepared by Mana Whenua

Answer 96

Major = Public Notification Process (4-6months depending on complexity and level of contention – ad in newspaper or on website). Limited Notification – Affected Parties (unless signed approval is acquired before application) Minor = Non – notified consent

Answer 97

Trade enquiries / Quotes Benchmarking against similar projects ($/m2) Ask around - colleagues or professional network Refer to The NZ Building Economist / Rawlinson’s QV cost estimate …other methods?

Answer 98

Determination is a **legally binding decision** made by MBIE as a way of resolving disputes about the rules that apply to buildings, how they are used, accessibility, health and safety etc. They only apply to individual parties of the determination, but are useful to others as a guide when faced with a similar problem

Answer 99

i.e. E2 - External Moisture E2/AS1 Tables 1-3 assessing the ‘building envelope’ Mitigating risk based on the principle of the 4D’s * Deflection * Discharge * Drying * Durability Evaluate risk factors and select appropriate cladding according to risk severity. * i.e. Low, Medium, High, Very High * Wind Zone * Number of Stories * Roof/Wall Intersection Design * Eaves Width * Envelope Complexity * Deck Design

Answer 100

LBP scheme has several classes of competency; Design (design has 3 classes) Site Carpentry Roofing External Plastering Brick and Block Laying Foundations

Answer 101

B2 – Durability 50 Year Durability (Structural Stability / Difficulty Accessing or Replacing / Use) 15 Year Durability 5 Year Durability (Easy to replace)

Answer 102

"No dispute arising gives either Party the right to suspend their obligations under the terms of this Agreement."

Answer 103

Items should be registered on the Personal Property Securities Register and complies with the Personal Properties Securities Act.

Answer 104

Yes, ‘Architect’ refers to the NZIA Practice named in the Specific Conditions. An ‘Architect’s Representative’ can be appointed by the ‘Architect’ to administer and fulfill the obligations under the Contract.

Answer 105

Not sure if there is a proforma. No risk in invitation Can be a formal letter

Answer 106

Issued by Contractor. Typically Architect & Engineer have [10] working days to review, and formulate response as outlined in P&G’s. Responsibilities defined in AAS; Stage B7 Contract Administration clause 7.4. Shop drawings stamped with NZIA disclaimer outlined below; as recommended in PN4.206 “This drawing has been examined for compliance with the appearance, general set out and order of size detailed in the Contract Documents. The Architect accepts no responsibility for dimensions, quantities, methods or manufacture or assembly or for completeness of the information shown. Return of this document as noted below is not an approval of structural adequacy, detailed dimensions, method of manufacture, statutory compliance, nor any contractual responsibility of the Contractor or user of this drawing. It does not relieve the Sub-contractor of responsibility for the correctness of the shop drawings, site dimensions, and the overall design, or for ensuring the work is performed in compliance with the Contract Documents. Nor can it be construed as authorising departure therefrom.” a. ‘Returned’ b. ‘Returned as noted’ c. ‘Returned for amendment and resubmission’

Answer 107

What are the statutory requirements? What are the limitations of the service you can offer? Will your insurance company provide cover? Do you have the expertise in that environment. What are the building regulations? Is there someone / a practice in this country that you can team up with to provide local knowledge?

Answer 108

Protects the practice against risks of negligence and civil liabilities. It provides insurance to cover the employees that act for and on behalf of the firm. and you should ensure that the policy has a waiver of subrogation to protect the employees by preventing the insurance company from counter suing the employee that performed the act of negligence. Professional Indemnity Insurance provides indemnity to the insured party for claims made against them for negligent acts that have occurred as a result of the services provided by that party. P.I .I can also cover some instances of civil wrongs. It must be renewed anually to ensure that cover stays in place. It covers acts discovered in the current year even if these have resulted from acts of negligence that have occured prior to the policy being put in place. An excess is agreed with the provider – this is the first contribution of the insured party to claims made against them.

Answer 109

Statute law is written legislation for example the Building Act, the Consumer Garuntees Act, the Fair trading Act. A breach in statute law may include non-compliance with the building code. This would also suable under tort law. Cannot scite about yourself under the Fair Trading act.

Answer 110

Criminal law relates to acts which are threatening, harmful or otherwise endangering to the property, health and safety, and moral welfare of people. A breach in criminal law might include if as a result of your design a person was to be injured or killed. E.g. a non-compliant barrier that resulted in a child falling from height.

Answer 111

That you are unable to claim that you were unaware and therefore are not responsible for the acts of your employees. This was talked about after the earthquake in Christchurch where the Engineer for the CCTV building collapsed, and they claimed to not have known everything about what their employees were issuing.

Answer 112

Activities that do not comply with Standard H20.6.4(1) (300m2 max) are a **restricted discretionary** activity provided that the total building coverage on the site does not exceed 25 per cent of the net site area.

Answer 113

Yes in Kowhai Garage Coversion, where we had to install a pump station for wastewater

Answer 114

not just to those you are in contract with

Answer 115

Yes - we didnt need an RC The following standards apply to minor dwellings: (1) a minor dwelling must be located on a site with a minimum net site area of 1500m2; (2) there must be no more than one minor dwelling per site; the proposed minor dwelling must have a floor area less than 65m2 excluding decks and garaging; the minor dwelling must share the same driveway access as the principal dwelling; and

Answer 116

10m all sides

Answer 117

a dwelling must be constructed to have colour reflectivity limited to the following: (a) between 0 and 40 per cent for exterior walls; and (b) between 0 and 25 per cent for roofs; standard H20.6.9(2) does not apply to unstained timber and natural materials;

Answer 118

Becuase they were principal and their broker to advise insurance items.

Answer 119

Design Navigator Branz when doing calculations method

Answer 120

heat loss (calculator) vs energy use (modelling)

Answer 121

Minimum R values under E3 - "Prevention of Fungal Growth"

Answer 122

3 stages + reduced cost: They wanted the bank sums be be redued from the contract price We send them reduced values, breaking the build into 3 stages Pool was to the the last stage They only wanted to present stage 1 & 2 to bank We presented all stages but reduced values for some items Rich was unaware of this, didnt review the doc, and sent to the bank Because of the sums they hit lending limits ($1,244,000) they calls about their dissatisfaction we agreed re holidng off pool and clients noted to the bank that the pool will be hold off

Answer 123

After the Practical Completion certificate has been issued and no later than the time stated in the Specific Conditions **or within such additional time as the Architect may reasonably allow**, the Contractor’s final Payment Claim must be submitted to the Architect. The Contractor must send a copy of the final Payment Claim to the Principal. If the Contractor fails to submit the** final Payment Claim the Architect will make an assessment and forward this to the Contractor**. The Contractor then has 10 Working Days in which to notify the Architect about any objection to the assessment and the reasons for the objection/s.

Answer 124

Deffered works were present - therefore these had to be payed for.

Answer 125

SDSA - Spatial Design Service Agreement DINZ + AAS = SDSA * Cover Letter * Introduction * Agreement Page * Contact Info * Stages * Budget * Programme * Design Phase Outline * Brief * Team Page * Scope * Fee Page * Signatures * General Conditions

Answer 126

1m PI 2m PL

Answer 127

**Liability** - Only Liable for reasoble costs. Total liability should not exeed the full value of payments made by the client. Any claims must be filed in Court within two years of the agreement. **Insurance** - The Designer holds professional indemnity insurance for an amount no less than that stipulated in the Project Details. Maintain insurance for a period of six years following the end of the services. **Disputes** - Notify nature of dispute, informal resolution, if not resolved in 15 days go to arbitration, **Copyright** - Designer owns, Client has license to use

Answer 128

Daves Answer: I did the payment certs in my capacity as a registered architect, bound by ethics and I was not the contractor. Well known older architect Brian Aitken told me that given you have no financial interest in that company and its a different legal vehicle there are no issues. We once did work for a barrister and he said it was a benefit to him as he knew I would look over Cam’s shoulder to make sure he didn’t stuff up on one of his first projects ! For example Motu was done with me as builder and Pat as architect.

Answer 129

Daves Answer: Can't remember other than trying to assist him with getting funding, may have been the UK funds delay? best you don't show any of it in your case study...

Answer 130

Pendant lights Installation and Certification of Fire Bathroom Window Shutters Earthworks for Drainage Fence and Gate Pool Pool Fence Tank Water Supply Pump

Answer 131

Assess 12 month runway/cashflow Look at overheads (company car/Programme Licenses) Try to look for more jobs Identify creditors and debtors Have emergency fund set up Be cautious with spending in the good times Go to 80% If you must, go to redundancy process

Answer 132

Kowtow Naveya and Sloan RK offices Ohoka

Answer 133

Kowtow Pavilion Worley Sakey RK offices Apple Shed

Answer 134

Kowtow England Street Pavilion Worley Sakey RK offices Apple Shed

Answer 135

England Street Onemana - partial

Answer 136

Apple Shed Kōwhai MGC x2 Apple Shed Bellevue Mahoenui Pelham Ave Domain Street (Kowtow)

Answer 137

Resource consent conditions that the council has put on the proposal to mitigate and effects on the environment Reason for the council granting consent. whether any monitoring of the consent is required Whether the consent has an expiry date For applicantions that are notified - you generally have a stand down period of 15 days before works can commence. This is to allow any appeals to be submit. (Lodged with the Environment court) Building consent is similar to this in that it includes the building consent conditions for the proposal. This can include limitation to working hours producer statements required for CCC inspections and monitoring required by council officers reasons for granting the consent

Answer 138

Kowtow Melbourne Hole being cut in floor based on previous plans Contractor started on site before Construction plans were issued Issue sorted between contractor and client directly Direct contract If I was administering try to resolve in good faith

Answer 139

Apple shed: Slip joint Window shift in minor dwelling England Street: Custom gutter detail Sto plaster to resene plaster Extents of weatherboards Garage head detail

Answer 140

The Fair Trading Act The CCA The Building Act Contract and Commercial Law Act 2017

Answer 141

It would be based on looking at: Previous similar jobs I have worked on Asking around QV Cost Builder NZ Building Economist Rawlinsons QS

Answer 142

-Checked on the pool plaster colour -Do not rely on photos for DL Cert -Get more quotes for Consultants -Bank funding statement??

Answer 143

No fee cutting Make a commercial decision

Answer 144

Have a chat with them Increased service fees in good faith Variations under contract AAS Has the amount of drawings been defined in the contract? Can you move these changes to the next stage?

Answer 145

Liability if they sell our works Our details may not be built correctly Similar to limited services We might not be able to use for portfolio/marketing if client has IP

Answer 146

Apple Shed: Portal frame to braced wall Covenant floor level England Street: Portal location in glazing corner Fireplace made bigger Insulation to basement - Greenstuff

Answer 147

Prior to any design being carried out. If brief matches the budget and site If commercial then it may to be do with financial viability of investment - ROI - an external expert may be needed as this is beyond architects expertise. Perhaps QS - or specialist economic consultants

Answer 148

Explain possible reasons Fluctuations in exchange rates, international products, competition and builders not being desperate so have high cost margins. Re-tender with altered drawings Was a QS approached and VE done or not? Failure of due diligence? Who is responsible Does this require a complete redesign? Negotiation with best tenderer

Answer 149

Alternative methods of procurement Fast track Consent drawings and construction staged Or staged parts of the building Explain risks and costs involved - charge for more risk Quality might suffer Design Build/Builders package may accelerate the process but hard to control quality

Answer 150

Over claims Tension between builder and sunnies Sunnies not paid on time/coming to you Unreasonable variations DO EVER SUGGEST TO CLIENT THAT BUILDER IS GOING BANKRUPT Could be seen as defamation Stick to the facts Have a conversation with the builder and client Record conversations Ensure insurances up to date

Answer 151

Organise a meeting on site Observe and record the damage Advise client and builder measures to minimise damage Investigate - check drawings vs what has been built on site Do not admit any liability or accuse anyone. Notify PI insurer

Answer 152

They should have adequate supervision - part of ethics (Competence) And Registration Status of others

Answer 153

Refer to Schedule 1 of Building Act

Answer 154

On the cover letter Tell them only a rough order of costs Advise them to get a QS estimate (this is what was one on Apple Shed cover letter)

Answer 155

Look forward with work load in office Give client the most realistic programme with generous allowances

Answer 156

Colleagues NZIA Insurer Lawyer

Answer 157

Dave’s decision. Yes NZIA recommends once a week. Distance to consider Perhaps something to consider in future

Answer 158

Tent House 360 Showroom Kowtow Lots of Site Measures

Answer 159

Apple Shed England Street Kōwhai RK (Tara Iti)

Answer 160

Should have done a run through and photographed Sending a letter would have been good Clients are able to occupy before practical completion even though not recommended. Ensure relevant insurances are in place - VERY IMPORTANT Health and safety concerns

Answer 161

Groundwater diversion, mechanical deflection in retaining

Answer 162

Generally the contractor, unless directed by architect

Answer 163

I meant in regards to getting someone else to fix the defects with the contractor paying. OR seeking dispute through mediation or arbitration

Answer 164

They are compelled to act in a timely manner under SCC Bonds and liquidated damages may be present CGA may apply for consumer clients Reasonable time The Contractor must achieve Practical Completion of the Contract Works within the time stated in the Specific Conditions as adjusted for all extensions of time.

Answer 165

Work to be carried out in accordance to the drawings (listed drawings) 5 years lapse time $1020 for monitoring charges Demolition should not exceed what’s on the plan

Answer 166

Severity and likelihood Control measures