JL Submission - CPD Flashcards
What is the value toolkit?
- Government backed initiative designed to change the way the construction industry thinks about and measures value
- Aimed at policy makers, clients, advisors, construction industry
- Tools include value profile and indices, procuring for value, delivery model selector, asset and project monitoring
What impacts does the construction industry have on the environment?
- Emissions - construction contributes 40% carbon emissions, 80% of this from existing buildings. Construction contributes nitrogen emissions, sulphur dioxide emissions too
- Contamination - petroleum products can leak into soil and rivers. Air pollution with dust and sand
- Biodiversity - urbanisation can result in diminishing forests, especially in parts of Asia, Americas. Less biodiversity = less ecosystem productivity
- Materials - Concrete, PVC. Can lead to inhalation of fumes, lead to potential diseases
- Waste - over 2b tonnes waste from EU each year. Construction industry produces most waste in England (33%)
What are some methods of passive fire protection for structural steel?
- Intumescent fire stopping paints
- Fire stopping boards
- Fire stopping sprays
What are eurocodes?
- Europe-wide standards for aspects of structural design and development of buildings
- Refer to BSI for further info
Can you tell me a bit more about sustainable construction solutions you explored?
- Smart glass windows - change colour / opacity to manage light and energy efficiency
- Modular construction - mass manufacturing units, can be quicker time, 7 types
- Zero-energy buildings - designed to be off grid (self sufficient in energy production and use), very energy efficient, lots of insulation. Communities really useful (multiple homes sharing renewable energy source)
- Building certification (BREEAM, LEED)
- Sustainable materials - sheep wool, recycled plastic, bamboo, hemp
What can be done to ensure a smoother payment process throughout projects?
- Key payment date schedule
- Detailed breakdown of works
- Regular updates to cashflow with changes in programme
- Established payment procedures and invoice numbers
What are some of the impacts of Brexit on the construction industry?
- Skills shortage
- Materials shortage
- Additional admin to get to/from UK
- Cost increases
- Contractual elements - increased likelihood of contractors wanting fluctuations provisions
How do you put a bid together for new work?
- Organogram
- CVs
- Company policies
- Consider quality questions
- Fee structure
Is there any partnering relationships now in lieu of Private Finance Initiatives?
- Public Private Partnerships - concession contract (private sector provides something on behalf of public authority and public sector pays them, i.e. toll roads)
- institutional PPP, i.e. JV (2+ separate entities coming together), both sharing risk and reward
What is a private finance initiative?
- Public authority directly pays private sector company to finance and provide service
- £20m+ projects
- After set time (say 30 years) development reverts to only public sector ownership
- Significantly more expensive long term, inflexible, poor value for money
What to do upon discovering antiquities?
- Classes as relevant event and relevant matter - EoT and L&E
- St Botolph’s - current work at standstill until CA issues instruction with actions (i.e. examination, excavation)
- Usually significant delays on site, potential resequencing of works
- Under 1996 Treasure Act, discovery could class as ‘treasure’ and monies earned from selling could be shared to offset construction costs
What would happen if one party wanted to appeal / didn’t agree with adjudication decision?
- Decision temporarily binding - must comply with result unless overturned by other dispute resolution procedure (i.e. arbitration and litigation)
- Often results are similar outcome than adjudicator’s, unless adjudicator has vested interest, misinterpreted, or malpractice
- Accept and comply unless overturned
Different case law related to adjudication decision?
- St Andrew’s Bay Development vs HBG Management - adjudicator decision late (due to late payment of fees) and this wasn’t allowed, but decision wasn’t null
- Cubitt Building & Interiors vs Fleetgate - Adjudicator did not communicate decision in time but said he had completed decision by final day. Judge deemed if decision not reached within 28 days it’s considered nullity
- Lorraine Lee vs Chartered Properties - Adjudication decision extension request not accepted by one of the parties. Court decided adjudicator’s decision not enforceable
> different responses, chance that decision may be nullified, but if that’s the sole reason for appeal it’s not a strong argument in court
What to do in the case the contractor risks going insolvent?
- Keep eye on site progress, ensure correct amounts certified
- Look over contractor’s financial records (though historic so may not reflect current position)
- Consider whether more frequent valuations and payments may help
- Everything paid by client must remain onsite
- Look out for level of workmanship
- Check bonds, warranties, insurances in place
Who owns materials on site in the event of contractor insolvency?
- Site secured, materials and equipment safely stored from weather damage and theft
- Cannot remove from site without CA’s permission, regardless of whether paid or not
- CA responsibility to remove (or procure someone else) materials and equipment belonging to contractor, must have CA written permission