Mandatory - Level 1 Flashcards

Question

Health & Safety What do you know about RICS Surveying Safely?

Answer 1

Summary: -Professional standard -best practice for identifying hazards, using equipment/systems, working on site/office -corporate and personal responsibilities -‘safe person’ concept -greater emphasis on COMPETENCE of individuals -firms must provide: safe environment and systems, training, select competent staff —————— -Reissued as a Professional Standard -Applies GLOBALLY not just UK -Provides an overview of best practice for surveyors on identifying hazards, using equipment/systems, and working in various environments Eg office and site - corporate and personal responsibilities relating to health & safety. -Covers the concept of the "safe person" -Key change for 2nd edition is the ‘safe person’ concept where ‘each individual assumes individual behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work’. -greater emphasis on ensuring the COMPETENCE of individuals ————- Furthermore, RICS Regulated Firms must ensure they provide: -A safe working environment -Safe work equipment -Safe systems of work -Competent staff ------------ -Corporate responsibilities: select competent staff, training, provide staff with information on risks, adequate equipment, safe systems, instruction, supervision, PPE

Answer 2

Summary: -Last year a wake up call - progress lagging to reach 2050 net zero -Demand for green real estate rising but building resilience only seen as moderately important -Barriers are: high initial costs, skills shortage, knowledge shortage, -Middle east improving but complacency in Europe/USA ——— -Last year was a wake up call, with progress on sustainability lagging from what is required. -2050 net zero target is reachable within commitment, but that is lacking -Demand for green real estate rising (and command better premiums), but building resilience only seen as moderately important despite extreme weather risks -High initial costs, skills shortages, gaps in knowledge seen as barriers -Regional variances. Complacency in developed nations, Middle East/Africa becoming more aware — Statistics Interest in sustainable built assets among investors/occupiers is rising: -63% in Europe, -54% in UK -41% Global. Highest in Europe where REGULATUON AND STANDARDS around green practices most comprehensive Only 50% believe green buildings have a higher capital value Biggest challenges to adopting sustainable construction practices: -High initial costs -Skills, knowledge, training shortages -Culture issues, established practices, lack of awareness Carbon measurement -34% do not measure carbon -24% do but doesn’t affect choice of material/system/component -Only 21% say it does affect their choices Can adopt RICS Whole life carbon assessment (WLCA) Biodiversity -Only 20% consider biodiversity on all projects, -Only 27% less than half of projects The sector is unprepared for disaster, extreme weather events threaten: human life, livelihoods, infrastructure, buildings, insurance premiums. But building resilience is essential/very important to only 30% of investors. RICS recommends a number of high-level policy measures to drive decarbonisation and increase resilience of built environment to climate impacts Embodied carbon – carbon footprint of a building before it becomes operational

Answer 3

Summary 2: -Urge policy makers to develop sector specific targets and prioritise training -Adoption of common standards (like ICMS), and mandatory measurement (like WLCA) -Use Built Environment Carbon Database for data on low-carbon materials -Targeted fiscal support to help companies transition to greener practices -Collaboration between stakeholders ——— Summary: -Urge policymakers must set clear position by developing sector-specific targets that align with national climate commitment -Common standards for projects and data, e.g using , International Cost Management Standard (ICMS) -Mandatory to have embodied carbon measurement assessments and encouraging adoption of global standards such as: RICS’ Whole life carbon assessment (WLCA). -Combat high costs and lack of data on low-carbon materials with better information e.g Built Environment Carbon Database (BECD) -Industry/policymakers must prioritise training -Financial constraints are issue so need well targeted fiscal support to help companies transition to greener business practices. -Collaboration between industry shareholders ——- -RICS urge policymakers must set a clear position by developing sector-specific targets that align with national climate commitments -Common standards for projects and data, to simplify working across jurisdictions and ensure a level playing field e.g using , International Cost Management Standard (ICMS) -Mandating embodied carbon assessments and encouraging the adoption of global standards such as: RICS’ Whole life carbon assessment (WLCA). Will create a behavioural shift across the sector, helping carbon measurement and mitigation to become fully integrated into construction practices. -High costs and lack of data on low-carbon materials. So need better information e.g Built Environment Carbon Database (BECD) -Industry/policymakers must prioritise education/training programmes to build competencies of professionals. -Financial constraints are seen as biggest barrier so Well targeted fiscal support could help companies transition to greener business practices. -Collaboration between industry shareholders -Need more understanding of purpose of carbon measurement as 40% cite a lack of understanding/skills on not adopting greener practices.

Answer 4

Meet needs of current generation without compromising sure generations.. construction has a big role to play in that Construction accounts for 37-40% of global emissions Prevent to climate change, landfill waste, and air and water pollution

Answer 5

-Photovoltaics (solar panels) -Wind turbine -Hydroelectricity -Rainwater harvesting -Green roofs - reduce the flow of stormwater from a roof -Reclaimed wood, recycled glass -Ground source heat pump - extracts heat from the ground and uses it to heat your home, a low carbon system that saves money -Sustainable/recycled materials -SUDS (Sustainable Urban Drainage Systems ) -Minimising waste -Biomass heating

Answer 6

-Whole life carbon assessment (WLCA): A standard that helps measure whole-life carbon emissions, manage carbon budgets, reduce life cycle emissions -International Building Operation Standard (IBOS): measuring and managing how buildings perform. Assessment results can be used to inform decisions around ESG and sustainability, building optimisation and user-experience. ICMS - classification, benchmarking, reporting of carbon (WLCA measures)

Answer 7

Summary: -Building Research Establishment Environmental Assessment Method -Used on new/refurb buildings…sets benchmarks for different types e.g offices, retail, education, bespoke…….. -assessments based on scoring criteria: Energy, Land use/ecology, Water, Health/wellbeing, Pollution, Transport, Materials, Waste, Management. -Not mandatory on all UK buildings, but ‘excellent rating’ often is for large commercial, public buildings, or NPPF a planning condition -scored as: unclassified, pass, good, very good, excellent or outstanding. -Two stages of assessment: design and, post construction —————— Building Research Establishment Environmental Assessment Method -Sets benchmarks for different developments e.g offices, retail, education, bespoke -Applies to new developments or refurbishment -Provides clients/project etc with certainty required environmental standards are met - A BREEAM assessment is not mandatory on all UK buildings. But often for large commercial structure, public building, or a planning condition under NPPF -Required on all public projects and should receive an ‘excellent’ rating -Assessments based on a scoring system with criteria: Energy, Land use/ecology, Water, Health and wellbeing, Pollution, Transport, Materials, Waste, Management. -Each have a weighting and are scored to provide a: unclassified, pass, good, very good, excellent or outstanding. -Two stages of assessment: design stage and, post construction (helps designers see where to improve)

Answer 8

Summary: -RICS now prefer IBOS as more closely aligned with their sustainability goals. -Environmental assessment method for non-domestic fit outs -Used because whole building methods (Eg BREEAM and LEED) unsatisfactory for fit out projects…. SKA has more flexible scoring depending on scope -Free and online (only pay if want formal certification). Assessed in three stages: Design, handover, occupancy —————- Was owned by RICS but isn’t now. But RICS say international building operation standard (IBOS) more closely aligned with their sustainability goals. -Ska rating is an environmental assessment method, -benchmark and standard for non-domestic FIT OUTS -Helps landlords and tenants assess fit out projects against a set of sustainability good practice criteria, known as Good Practice Measures (GPM). -Used because industry feedback said that assessing environmental impact of whole building systems (BREEAM and LEED) was unsatisfactory for fit out projects. -SKA has more flexible scoring depending on project scope -Free and online (only pay if they want formal certification). Assessed in three stages: -Design/planning -Handover -Occupancy

Answer 9

Economic: Sustainability in the economy makes sense economically. Environmental: Sustainability in the environment is good for the planet. Social: Sustainability in society is beneficial to people and communities.

Answer 10

Summary: Climate change act 2008 Building Regs: Part L an F Environment act Clean air act Flood and Water Management Act 2010 ——- Flood and Water Management Act 2010 Water Act 2014 Agricultural Land Act – land to be acquired for use as woodlands or to support agricultural activities. Building Act – Part L and Part F Clean Air Act – measures in order to control air pollution. Climate Change Act 2008 – tackle climate change - cut greenhouse emissions compared 80% by 2050, achieve net zero of 1990 levels by 2050 UK Environment Act 2021- -establishing new binding targets for air quality, water, biodiversity, and waste reduction -creating the Office for Environmental Protection (OEP) to monitor and hold the government accountable for environmental compliance — Paris Agreement 2015. -legally binding international treaty concerning climate change. -adopted by nearly every nation -goal is to limit global warming to well below 2 degrees Celsius -framework for the transparent monitoring and reporting of each individual countries progress.

Answer 11

Summary: -NRM2 better for BoQ descriptions -CESMM less description, detail on measurement of repetitive materials -NRM structures by elements -CESMM WORK CLASSIFICATION gives breakdown on different work types eg excavation or pipework own section -NRM general building -CESMM civils -NRM more rigid measurement rules -CESMM flexible eg temp works can be m, time related, fixed price -CESMM more flexible coding system to mix works, make more codes —————- NRM2 -better for preparation of BOQ (with descriptions) while CESMM4 more suited to the measurement/value as at TW didn’t really do BOQ if only pipework -more emphasis to detail on the elements of buildings while CESMM takes more inclusive approach to measurements for civil works due to large quantities of similar items, i.e concrete -More general building -doesn’t mention pipe work CESMM4: -Incorporates rules and regulations for measuring elements of major civil engineering projects -More inclusive approach to measurement process -Flexibility for choosing the method of execution of the project works since the cost of the method and other temporary works would be allocated under the method related charges. -It allows for the pricing of all temporary works which do not form part of the final construction. -Work classification provides a clear breakdown and clarity on difference in prices between tenders - clearly defined through the BoQ. -CESMM continues to update its versions to accommodate new technologies -Coding system to identify separate category items helpful when mixing/integrating measuring works, -Allows inclusion of extra work items by making coding iterations. -Simpler and more flexible for measuring variations

Answer 12

-Becoming a parent guide -Reasonable Adjustment guide -Guidance on menopause and the workplace -Managing disabled employees -Provide equal opportunities and access to education and training -Guide to using objective decision-making based on justifiable job-related criteria to ensure progression and appointment opportunities

Answer 13

Summary: Inclusive environment - accessed by anyone safely or without discriminating Inclusive design: removes barriers so everyone use it equally -Reaponsibility of everyone ————- Inclusive environment - can be accessed/used: -safely, easily and with dignity by everyone’, ‘ -does not physically or socially segregate, discriminate or isolate’ -well designed and functional Inclusive design: Place everyone can use by removing barriers and enabling all users to ‘participate equally and independently in everyday environments’.

Answer 14

Summary: -building regs part M sets bit minimum requirements for ease of use/equal access for those with disabilities -Gives specific guidance on: safe pitch for ramps/steps, building dimensions, minimum door/stairs width, parking basis, toilet facilities with rails -Building regs Part b (fire) also mentions fire systems for people with hearing loss ———- UK the Building Act 1984 made this a legal requirement, with Part M of the Building Regulations setting out the minimum requirements for buildings when providing equal access and use for those that have physical disabilities. Building Regulations: Approved Document M Relates to: -ease of access/use of buildings -facilities for disabled visitors/occupants For new buildings or old ones having material alterations/change of use Split into: Volume 1 - Dwellings Volume 2 - Non-Dwellings. Gives specific guidance on: -the safe degrees of pitch for ramps and steps -building dimensions and facilities to facilitate wheelchair access. -minimum door/stairs width -1 parking bay that can be widened -Toilet facilities with rails/sufficient space ——- Part b fire also mentions fire systems for people with hearing loss

Answer 15

Summary: -British Standards (BS 8300) go beyond building regs minimum -guidance on accessible and inclusive design if public and internal spaces. -Eg lighting, ramp pitch, accessible viewing for audience, toilet layout and baby change facilities. ——- National Planning Policy Framework Says buildings should ‘promote health and well-being, emphasising high quality, inclusive design is a key principle of sustainable development, not just aesthetic factors. ———- British Standards (BS 8300) Goes beyond the minimum requirements in Approved Document Part M. Part 1 - guidance on accessible and inclusive design of new public spaces. Part 2 - internal design to meet all user requirements Adresses: -lighting external areas, -ramp gradients and rises, -accessible viewing for audience seating -sanitary facilities, -WC layout and baby change facilities. ——- National Planning Policy Framework Says buildings should ‘promote health and well-being, emphasising high quality, inclusive design is a key principle of sustainable development, not just aesthetic factors.

Answer 16

Summary: -Says reasonable adjustments should be made -Says disabled individuals should not face barriers to premises for eg physical (ramps) and services (hearing loop) ————- Replaced Disability Discrimination Acts It says: disabled individuals should not face barriers to access premises. If a disadvantage is present then service provider is under an obligation to make reasonable adjustments to facilitate access. Reasonable adjustments = changing the way things are done/physical features or providing additional aids or services. Addresses both: -Physical access (ramps and lifts) -AND services eg hearing loop/visual aid

Answer 17

Pre conceived attribution of particular traits/qualities to a person or group of people that causes you to view them differently, typically negatively Basically stereotyping Unconscious bias (also known as implicit bias) refers to automatic and unfair assumptions or stereotypes about people based on their race, gender, sexuality, ethnicity, ability, age, etc Eg a woman can be a surgeon Types: -Affinity bias: favouring those similar to you -Confirmation bias: search for information that confirms your preset belief -Bandwagon effect bias: because everyone else is -Organisational bias - not hiring a woman as think she'll get pregnant, don't overlook someone quiet

Answer 18

-Teams: selection, appointment, roles, communication, formal reporting -Diversity - importance and business value -Partnering and collaborative working -Diversity and inclusion policies, e.g. non-discrimination and anti-harrassment -Unconscious bias -Supply chain management -Legislation, e.g. Equality Act 2010

Answer 19

Summary: -Firms need staff to reflect the communities they serve -Differing skill sets -Improved cultural awareness -Positive reputation -Right thing to do ———— -Be more effective and efficient. RICS Firms need staff who reflect the communities they serve if they are to be credible and understand the issues faced by those communities. -Differing skill sets and increase chance of generating solutions -Improved cultural awareness - diverse cultures in workplace allows companies to operate more effectively globally eg employee who speaks Mandarin for operating with China -A positive reputation, better employers. accepts and are tolerant of all backgrounds, treats their employees fairly. Most importantly: it’s the RIGHT THING TO DO

Answer 20

-Ways to report any non-inclusivity -Equity, Equality, Diversity and Inclusion Policy -Let’s Talk About Race - ‘business in the community’ toolkit -Trans and non-binary guidelines -LGBT+ managers toolkit -Managing disabled employees

Answer 21

Protected characteristics: -Age -Race (colour, nationality, ethnic or national origin) -Sex -Sexual orientation -Religion/belief -Disability: This includes mental health problems -Gender reassignment -Marriage and civil partnership: This is only protected in employment -Pregnancy and maternity: This includes protection for 26 weeks after giving birth, including being treated unfavourably for breastfeeding

Answer 22

Summary: -DEI panel following Bichard Review -RICS inclusive employer quality mark -Data insight eg women in surveying/pay gap report and diversity reports -RICS Diversity, equity and inclusion progress report 2024 - Encouraging an ethnically diverse environment - following McGregor-Smith review develop ethnic minority talent -DEI knowledge hub -LGBT Pride -Lionheart ————— -RICS’ Rules of Conduct require RICS-regulated firms and members to encourage diversity and inclusion. General -Diversity and inclusion panel following Bichard Review -RICS inclusive employer quality mark - wants employers to companies to pledge to continuously improve diversity/inclusion in construction staff employment/retention -Data and insight and research-driving positive change with reports/surveys highlighting trends to get best practices e.g women in surveying report e.g women in surveying/diversity reports (below) Gender -Women in surveying insight report -Gender pay gap report Race -Encouraging an ethnically diverse environment - following McGregor-Smith review develop ethnic minority talent -RICS Diversity, equity and inclusion progress report 2024 -RICS racial equity event 24, -Black history month member spotlight LGBTQ+ -Birmingham pride -LGBT Networking -History Disability -Lionheart (offer counselling, webinars), Mental health day, producing supportive environments, Changing disability perceptions in surveying -Reasonable adjustments policy for members/checklist for managers -Disability inclusion framework -DEI knowledge hub

Answer 23

Summary: Freedom of Information Act 2005: right to access public information, make FOI request Data Protection Act 2018: Manages how personal data is processed by organisations ——— Freedom of Information Act 2005 -Primary UK legislation that controls the access to official information. -Permits the public right of access to information held by public authorities. -It helps the public understand how public authorities make decisions, spend money, and carry out their duties -Can make a subject access request about themselves or FOI request from local authority Data Protection Act 2018 -Manages how personal data is processed by organisations and the government. -It is the UK’s implementation of the General Data Protection Regulation legislation (GDPR) It ensures data is: -Used fairly, lawfully and transparently. -Used in a way that is adequate, relevant and limited to only the purpose it is intended. -Not retained for longer than necessary. -Processed securely including the protection against unlawful use, loss or destruction.

Answer 24

Informed, access, rectify, erasure, restrict processing, portability, object automated use -To be informed about how their data is being used -The right to access their data. -The right to have incorrect information updated. -To have their data erased. -To object to the use of their data. - To stop or restrict the processing of their data. -Object to automated use -The right of portability.

Answer 25

Summary: -Controller -Processor -Subject -Data Protection Officer -Supervisory Authority (Information Commissioner's Office - ICO) ——— GDPR After UK left EU they stopped using the EU GDPR but now have their own version with same core principles. Key persons: -Controller: Determine how and why personal data is processed e.g employer is controller of employee’s data. -Processor: Process personal data on behalf of data controllers e.g payroll company or call centre acting for client -Data Protection Officer (DPO): a leadership role required by GDPR in companies that process data. Responsible for overseeing the data protection approach, strategy, and its implementation. -Supervisory authority: In UK is The Information Commissioner's Office (ICO) -Data subjects: Individuals whose data is processed

Answer 26

-Should only retain data they need to perform their day-to-day operations. -If they are retaining someone’s data they should ensure the person is kept informed and advised on why they have it. -Hold the data securely. -Keep the information up to date and delete information they no longer need.

Answer 27

Summary: -Ensure client confidentiality or obtain written permission -Do training -Lock files away / encrypt data -Comply with firm’s policies -Don’t retain information longer than needed ———- -If signed up to an NDA with a client I ensure complete confidentiality and am not able to talk about these projects with colleagues who are not party to the project. -I use lockable and secure document storage for hard copy documents. The electronic information is kept securely on encrypted servers. • I am always sure to lock my computer when away from my desk and comply with my firms IT security policies for example attendance at Cyber security courses and regularly updating my passwords. • If I am sharing or processing information not available in the public domain from a previous project I always obtain the clients written permission to do so. (e.g my case study) -Undertaken cyber security training

Answer 28

-Contract Documentation. -Previous Tenders. -Cost Plans. -Valuation data. -Industry Journals. -Specialist sub-contractor information. -RICS Guidance Notes. RICS -Identify RICS Confidential Information Conflict of Interest -Don’t share old information even if of interest to new client -Don’t retain data longer than needed.

Answer 29

Summary: -Statement of business goals and how to reach them -Make informed decisions -Identify strengths/weaknesses -Market analysis -Measure progress -Secure funding ——— -A formal statement of the business’s goals with and how to reach them -Providea employers with a common ground to focus upon. -Make informed decisions -Set goals: short or long term -Identify strengths and weaknesses -Secure funding -Measure progress -Plan for growth -Understand your market

Answer 30

Gleeds Business plan: -People: attract best talent, inclusivity, retain -Clients - increase proportion of revenue from top 20 clients to 45%, grow AWE account to £5m -Maximise existing frameworks, have 22 x £1m+ Accounts and 5 x £5m+ accounts -Grow key sectors infrastructure and energy -Finance: focus resources on the most profitable clients, visual dashboards of key financial KPIs/ project profitability analysis, clear identification/management of risks -ESG: more volunteering hours/community fundraising/work experience E.g this is Gleeds 1 year OPERATIONAL plan. Can have departmental ones e.g infrastructure to grow staff, retain NHS framework and large clients e.g HS2

Answer 31

Group Board Committees: Finance/Audit, Nominatios, Renumeration Operations board - sets BUSINESS STRATEGY

Answer 32

Professionalism with personality Excellence with humility Innovation with agility

Answer 33

-Insightful management information: -Create visual dashboards of key financial KPIs and project profitability analysis

Answer 34

-COMPLAINTS HANDLING PROCEDURE -General obligations of firm and client Skill, care, dilligence required -Liability - e.g claims raised against company not individual -Termination/Suspension -Force majeur terms -Intellectual property rights -Assignment

Answer 35

Summary: • Scope of services • Price / fee • Programme / time frame to complete the works • Insurances / collateral warranties -Terms and conditions ——— -What services Gleeds is to provide -How much and at what stages Gleeds are to be paid -The extent of liabilities and risks Gleeds are prepared to accept -Legal terms are in place governing Gleeds' relationship with the Client which are sensible, commercial and appropriate to the nature of our role.

Answer 36

-Focus on safety. -Maintain excellence in my work. -Sharing knowledge within integrated teams. -Keeping up with new technologies. -Upskilling new and junior team members.

Answer 37

Summary: -Strategic (3-5 years) -Corporate (same as above but more detailed) -Operational (day to day) -Departmental (eg infrastructure) -Strategic: long term vision where business goes over 3-5 years e.g expanding, direction -Operational: detailed for day to day operations, short term, instructions for team -Corporate: similar to strategic but for more complex company with multiple businesses -Departmental: specific goals/objectives for that department. E.g Gleeds departmental is eg infrastructure retaining HS2 framework

Answer 38

Summary: -do market analysis/demand -determine business structure -goals/objectibes -funding method ———- -Establish whether there is market demand for your service with market research/analysis, look at competition, how to improve -How to efficiently structure your business depending on your objectives and ownership structure. Eg: sole trader, limited liability partnership (LLP) or limited company. -How will your fund it eg external sources of finance, e.g. bank or own capital -Develop goals and objectives -Focus resources on achieving critical success factors -Marketing strategy -Executive summary

Answer 39

SWOT analysis -Internal: strengths, weaknesses (How to capitalise) -External: opportunities threats (How to mitigate) PESTLE analysis? Analysing the key factors influencing market conditions: -Political influences. -Economical influences. -Social influences. -Technological influences. -Environmental influences. -Legal

Answer 40

-Business Names Act 1985 -Companies Act 1985 -GDPR -2017 Money Laundering Regulations -Consumer Credit Act 1974 (for certain activities) -Disability Discrimination Act 1995 -Data Protection Act 1998 -Financial Services and Markets Act 2000 -Sale and Supply of Goods to Consumers Regulations 2002 -Proceeds of Crime Act 2002 -Companies Act 2006 -Equality Act 2010

Answer 41

After you become regulated, you must comply with the RICS Rules of Conduct for Firms: -Having adequate Professional Indemnity Insurance (PII) -Complying with regulations for holding clients’ money -Having a written Complaints Handling Procedure -Ensuring staff receive adequate training to act competently Registration of Firms: Firms must register for regulation if they provide: -Surveying services to the public -In UK -At least 50% of the firm's principals are RICS members. The firm must: -25% of the firm's principals must be RICS qualified members or have a plan to secure compliance and supervised by RICS regulated firm -Designate a responsible principal who provides oversight, accountability, and engagement with RICS standards and regulations.

Answer 42

-Negotiation -Mediation -Conciliation -Adjudication -Arbitration -Ombudsmen schemes

Answer 43

Summary: -Third party mediator appointed by two parties to assist in a negotiated resolution -Advantages: informal, done at any time, maintains relationships -Disadvantages: not binding, mediator has no power ————— -Mediation Process to reach a consensus where a third party mediator, appointed by the parties assists in a negotiated resolution. Advantages: -informal process -initiated at any time agreed between the parties -allows commercial relationships to be maintained during/after the dispute, -flexible approach to agreement/outcome Disadvantages: -if no agreement then no outcome and has failed -mediator has no power to order to do/refrain from doing -information may be 'given away' in the process, process is non-binding

Answer 44

Summary: -Like mediation but here the third party advises and intervenes to help reach a settlement….(while in mediation the mediator facilitates communication to help parties reach own agreement) -More specific legal disputes compared to mediation general disputes ——— -Similar to mediation -Where a third party assist in reaching an agreement by exploring solutions and understanding each party’s position -Different to mediation as here the third party actively advises and intervenes to help reach a settlement, while in mediation the mediator facilitates communication to help parties reach own agreement -Different to mediation as used when there is a specific legal dispute (whereas mediation for general problems)

Answer 45

Summary: -Contractual/statutory procedure for swift dispute resolution -Done by third party adjudicator named in contract by both parties -Usually disputes about money -Binding unless overturned by arbitration -Advantaves: less expensive, quick, can choose adjudicator, no formal evidence -Disadvantages: speed may not provide best decision (especially complex disputes), can be overturned by arbitration ————- -A contractual or statutory (Construction Act) procedure for swift interim dispute resolution. -Provided by a third party adjudicator selected by the parties named in contract. -Generally used for disputes about money, if it’s more serious like someone has died then that is for the courts. -Decisions are binding unless revised by arbitration or litigation. There is no right of appeal. Advantages: -Parties can select the expert -expert can act as an investigator, -seldom lengthy oral arguments or legal submissions -no formal evidence -streamlined and flexible procedures as agreed between the parties -less expensive. Disadvantages: -can be overturned by arbitration -speed may not provide best decision

Answer 46

Summary: -Private, not in courts but legally binding. -Done by arbitrator/panel who is expert on matter -More formal than adjudication with longer timeline (1-2 years) and greater focus on evidence/witnesses -Advantages: Private, Faster than litigation, can get arbitrator with relevant expertise, legally binding -Disadvantages: Expensive, Sometimes just mimics court processes with no advantage of informality/speed, Limited appeal rights. ———- -Private, contractual form. -Third party arbitrator/panel (not usually a lawyer) expert in technical matters and contracts -Selected by the parties to the dispute. Based on material facts, documents, law. -Similar to litigation but with one decision maker. -Decision is legally binding and take 1-2 years usually. -Legal costs usually awarded to successful party. In most contracts and if so under regime of courts in Arbitration Act. Advantages -Private (no public record of any proceedings) -Faster than litigation -Parties can agree on arbitrator with relevant expertise -legally binding Disadvantages: -Expensive - parties must bear costs of arbitrator/venue -Sometimes simply mimics court processes and so no advantage of informality/speed -Limited appeal rights.

Answer 47

Summary: -Through public courts -Big disputes eg death, technical disputes better for arbitration -Advantage: highest quality decision, judges have power, binding -Disadvantage:,public, time consuming especially with appeal, less flexible than more streamlined arbitration ——- -Litigation is the public process of legal action. Courts can enforce. -Done by lawyer who is expert in court procedures, contracts and law -More suitable for very big disputes or when someone has died, Technical disputes more suited to arbitration. Advantages: -highest quality decision making -judges can make parties comply with time frames and have powers of sanctions for non-compliance, -defined rights of appeal in cases where errors of fact or law are made Disadvantages: -public -time consuming especially if appeal made -less flexible than arbitration which can be more streamlined

Answer 48

-JCT typical employer/contractor relationship so ‘us and them’ attitude. -NEC promotes collaboration and transfer of risk -Partnering/alliancing/framework promote collaboration -Target cost contracts promote collaboration

Answer 49

Summary: -D&B: least adversarial as single point of responsibility -Traditional: most adversarial as lack of collaboration due to separation of design and construction -MC/CM also adversarial as collaboration hard between multiple parties ——- -Design & Build single point of responsibility so less disputes -The traditional procurement route most adversarial due: to separation of design and construction (leading to potential conflicts and a lack of collaboration), also focus on lowest price, lack of early contractor involvement, limited flexibility -Management Contracting/CM are adversarial as partnering/collaboration is difficult due to many parties

Answer 50

If no adjudication procedure agreed, then one is imposed by Construction Act 1996 (rules set out in the Scheme for Construction Contracts). If one agreed then has to comply with Construction Act the HGCR Act requires all construction contracts under their scope to include provisions on parties’s right to adjudication, failing which such statutory rights shall be implied. These statutory interventions have made adjudication the most used dispute resolution mechanism in the UK today

Answer 51

Summary -Good project management/collaboration eg EWN’s -Clear/unambiguous contract and tender docs -Good payment practices -Client care with clear scope and good communication -Good record keeping ——- -Good project management: eg raising issues early on, dealing with issues as they arise -Clear contract documentation: many disputes come from ambiguities -Partnering and alliancing: fostering co-operation, team working, problem solving -Good client management: by understanding their objectives/ their approach to risk to determine best solution. Maintain good communication to build rapport, warn issues, and not make client think surveyor is taking over -Good payment practice: contractor relies on cash flow so need to ensure valuation/payment done promptly to avoid conflict -Record keeping of information -Regular reporting of cost, progress and quality to inform the client AND help in project records. L

Answer 52

Summary: -Proactive risk management/collaboration eg EWN’s, risk register -2 stage dispute resolution process (W2 close) of: adjudication and arbitration (also voluntary stage before this of senior representatives meeting) ————- NEC has emphasis on: -Regular communication -Strict time bars -Collaboration (EWN’s) - 2 stage dispute resolution process of adjudication and then arbitration (also a stage before where senior representatives can negotiate) When disputes occur: W2 Clause used in UK NEC contracts prioritize collaboration and dispute avoidance, employing a two-stage dispute resolution process: first, adjudication, and then, if necessary, arbitration or litigation. Eg in HS2 Contracts we used: Initial step: -Mediation (Senior Representatives) - each party has a senior representative who will meet and attempt to resolve the dispute before adjudication. Not mandatory as not to conflict with Construction Act Right to adjudication. Can also be a step prior to this where PM and Contractor’s Project Director discuss. -Step 1 (Adjudication) - -Party provides notice -Within 7 days appoint Adjudicator (e.g from RICS register/or not) and refers to them -Both parties have 14 days to provide information -Adjudicator has 28 days to decide -Can be extended 14 days if both parties agree Note: Adjudicator chosen by Adjudicator nominating body (CEDR), and Arbitrator by LCIA Arbitration Rules who chooses arbitrator -Step 2 (Arbitration) -If disatified party agrees then goes to Arbitration Note: ADR provider doesn’t have to be RICS approved, only the one in your complaints handling procedure

Answer 53

Summary: Latham report recommends: -NEC -Partnering -Risk allocated to this best to manage it -Contract that states duty to act fairly -Compulsory latent defects insurance ——- Latham Report recommends: -Partnering to encourage establishment of long term contracting arrangements. Will allow teamwork, continuous improvement, trust. -NEC adopted more widely as less adversarial and encourage partnering -Risk allocated to those best able to manage it -Compulsory latent defect insurance -A specified duty to deal fairly with each other, and the supply chain in an atmosphere of mutual co-operation

Answer 54

Summary of the amount of cash entering and leaving a company during a period. Measures ability to pay off SHORT TERM debts

Answer 55

Summary: -Shows inexpensive start of costs (site set up and facilitating works), sharp increase with more expensive elements eg steel frame, end with low level expenditure again (materials, trades already on site) -Not always an S eg for industries with high startup costs eg nuclear ——- M-Stands for ‘standard’ curve and takes shape of letter ‘S’ when shown on a graph. -Represents the lower level of periodic expenditure at the beginning of a contact (due to site set up and relatively inexpensive enabling works) -Sharp increase of rate of expenditure will typically increase as more expensive building components such as M&E and Structural Steel -And the lower level of expenditure at the end of a contact (vast majority of materials being on site, reduced number of trades on site and reduction of contractor’s staff overhead). -These S-curves are ascertained by a formula, which uses data from previously similar construction projects -Used to track, analyse and assess business accounts and performance, financial strength of contractors, and compare actual progress of the work against pre-contract predictions.

Answer 56

Summary: -used by client and contractor to predict what monetary commitments under contract will be -usually show an S curve -can also assess contractor’s financial health ———- Cash flow forecast - used by client to help inform/predict what monetary commitments under contract will be -Done Weekly, monthly, yearly or over course of project. -Will usually show an S curve Cash Inflows – Cash Outflows = Net Cash Flow Cash Inflows = Sources of cash, Cash Outflows = Uses of cash/expenses -It can help assist both employers and contractors to analyse actual expenditure against forecast expenditure. -Cash flow is the lifeblood of the construction industry and can know when their monetary commitments under the contract will be.

Answer 57

-Producing accurate cash flow forecasts -Process variations quickly -Send out invoices asap -Decrease your payment terms (shorten how long people have to pay you) …. And increase payment terms of your outflows (lengthen how long you have to pay people).

Answer 58

Summary: -Activity schedule: reasonable predictability of time (from programme), reasonable for value -Milestone: low predictability of time but high for value -Valuation: lowest value prediction but highest accuracy - ———— -Stage payments - Pre-agreed amounts are paid at pre-set times regardless of progress on site - Provides high predictability of cash flow but low accuracy of value of works done to date -Milestone payments - Pre-agreed amounts are paid upon completion of pre-agreed milestones - provide high predictability of payment value but low predictability of when cash flow costs will be due -Payment against an activity schedule - Pre-agreed payments are made on completion of activities - Provides reasonable predictability of cash flow forecast (look at programme) but only reasonable accuracy of value of works done to date -Valuation of works done to date (third-party certification) - At pre-agreed periods (usually monthly) the value of work on site is assessed - Provides lowest predictability of cash flow forecast but high accuracy of value of works done to date

Answer 59

Summary: Client: -Look at contractor cash flow for financial performance -Project progress monitoring of contractor cost v progress Contractor: -viability of taking project on -project cash flow ———— Client -Before appointing contractor: Forecasting business performance of contractor/subcontractor before their appointment by looking at their company cash flow forecast to predict how business will perform in future -Contractor progress monitoring - monitor progress of the works on site against the agreed programme. Assesses whether a contractor is on programme or not. If the interim valuation amounts are ahead of cash flow forecast, this can signify that the works are ahead of programme. Contractor -Can use it to make financial decisions, avoid cash shortages, and keep projects running smoothly -Viability of taking a project on.

Answer 60

-Profit and loss statement - incomes (turnover) and expenditures -Balance sheet - assets and liabilities

Answer 61

Liquidity ratios - ability to turn assets into cash Measures ability to pay off SHORT TERM debts Profitability ratios - performance in producing profit in relation to turnover (profit margin) Gearing ratios - measures amount borrowed against what it owns (equity*) High ratio company relies on borrowing Helps investors/creditors evaluate a company's financial risk *Equity = assets - liabilities

Answer 62

-obtain reasonable assurance about whether the financial statements are free from material misstatement, whether due to fraud or error, -independently review and assess a project's financial records, contracts, and operational procedures to ensure compliance with regulations -identify potential risks -verify that the project is being executed efficiently and within budget -Often including site visits to examine the work in progress and speak with personnel on-site to gain a comprehensive understanding of the project status.

Answer 63

Gleeds Worldwide turnover to rise by 15% to £267 million this year, with UK revenue around £145 million TW Total Revenue: £2.52 billion, an 11% increase with Profit after tax: £75 million, improved from £30 million loss

Answer 64

-Identify 'confidential information conflict' (of interest) -So don't share confidential information from old client even if of interest to new client -Don't retain data longer than needed

Answer 65

Gleeds went from Ltd (limited company) to limited liability partnership (LLP): -limited liability protection for partners -flexible profit distribution: where members can change the share of profits (not shareholders) -flexible management structure -Corporation tax benefits -Disadvantage is: more administration, disclosure requirements

Answer 66

-Equal opportunities employer -Follow equality act with no discrimination on protected characteristics -Prohibits direct and indirect Discrimination, harassment -Recruitment and training non discriminatory -Promotion strictly on capacity to do job -Disciplinary action if don’t follow

Answer 67

Building research establishment environmental assessment method

Answer 68

-Aims to be collaborative NEC4 offers three stage under Option W2 (UK) when the CONSTRUCTION ACT applies. The stages are: -Senior representatives (not mandatory under W2) -Adjudication -Then arbitration/litigation

Answer 69

Financial accounts -STATUTORY ACCOUNTS -required to Companies House and HMRC under Companies Act -must be prepared with GAAP -They serve as the basis for calculating corporation tax Management accounts -internal financial reports -help business leaders make informed strategic decisions and monitor their company's performance -more flexible to company’s needs

Answer 70

Future proof in terms of sustainable practices and possible new legislation RICS are advocating -High inflation and political changes in USA -Current technology -Develop accurate budget -Current legislation

Answer 71

Summary: -Thorough discussions with client to understand adjectives -Establish clear scope of work, deliverables, deadlines, reporting formats, measures of success -Regular reviews with client -Offer client templates ——- -Engage in thorough discussions with client to understand their objectives and requirements, -Document the agreed scope of work, deliverables, deadlines, and reporting format. -If the client is struggling to articulate their needs, ask targeted questions -Offer a template to client or a questionnaire -Regular reviews with client

Answer 72

Summary: -analyse brief and ensure in line with client requirements -regular reviews eg at each cost plan stage -actively manage risks -establish clear communication channels -consult all stakeholders -establish change control procedures - —————— -interrogate the brief and ensure it is aligned with client priorities, policies, and other initiatives -establish clear communication channels -implement change control measures, -actively manage project risks throughout the project lifecycle -consult all stakeholders -regular reviews eg during each cost plan stage

Answer 73

Follow RICS rules Rule 1: -open and transparent with clients about their fees and services. -do not misuse/keep safe client money and have appropriate controls Rule 3 -Understand client’s needs before accepting any professional work -Agree with client scope of service, limitations, timescales -Seek agreement if terms/fees change -Tell client the information your advice is based on -Communicate clearly with client so they can understand -Ensured client advice was sustainable and minimised harm Rule 5 -Support clients who have raised concerns -Inform clients if I have health conditions that affect my work

Answer 74

-professional judgement -Rules of Conduct -professional standards -Professional obligations For clients: -Clearly Communicate, ensuring they understand the service being provided, any potential risks, and terms of engagement. -Fee Transparency and updates on any changes -Disclose Conflicts of Interests: -Protect confidential information only for intended purpose

Answer 75

Summary: -Consider specific requirements / needs -Adapt to client experience level -Personalise communication ———— -Depending on client experience level, tailoring level of detail and explanation -personalize communication -understand individual client need

Answer 76

-TW/Gleeds feedback survey aim for 80% minimum score in customer satisfaction survey questions -CMEX and DMEX measures how OFWAT will score TW -Project completion rate (on time) -Number of leaks / defects -Pipe shut durations -H&S incidents

Answer 77

Summary -Companies take responsibility to create positive impact on society eg raising funds for charity, helping those in poverty, school talks, litter picking ——- Where companies take responsibility for their impact on society and the environment, aiming to create a positive impact. Environmental: considering sustainability eg litter picking Social Impact: CSR initiatives to contribute to the well-being of society, addressing eg poverty, inequality. Eg food banks, talking in schools Gleeds has the Gleed foundation, donated to Myanmar earthquake fund Thames Water raise money for water aid

Answer 78

Brexit Work with European clients with more barriers Political tensions Covid Less personal contact, harder to maintain good relationships

Answer 79

-Compromising -Competitive/adversarial -Collaboration/cooperative -Active listening -Avoid conflict -Anchoring: offer low with wiggle room -Bargaining position

Answer 80

-Do RESEARCH and prepare INFORMATION -Set a STANCE / MINIMUM TO ACCEPT -Set a GOAL -Establish BARGAINING POSITION -Set a COMMUNICATION STRATEGY -ANTICIPATE OTHER PARTY’S RESPONSE

Answer 81

Summary; -Know level authorised to negotiate to from client -be transparent and collaborative -remain firm on clients stance but attempt to reach fair outcome for both parties -provide accurate data/documents ——— -clearly communicate your position, -be transparent -provide accurate documentation -collaborate/ be receptive to alternative solutions -but remaining firm on your justified claims. -reach a fair agreement that benefits both parties.

Answer 82

Clients use less jargon and likely to have less knowledge, seek feedback Contractor likely to be more adversarial relationship but ensure respectful, but stand ground

Answer 83

Title Contents Executive summary Introduction Main body Conclusion Appendices

Answer 84

-Assessing hazard/risks in workplace -Occupational hygiene and health (eg stress, musculoskeletal, noises, asbestos, RSI) -Visiting premises/sites eg checklist, site conditions -Fire safety, risk -procuring contractors, monitoring -example audit template

Answer 85

Use an F10 form when: -Scheduled longer than 30 days -More than 20 workers or 500 person days

Answer 86

Reporting of Injuries, Diseases and Dangerous Occurrences 2013 (RIDDOR) -Requires employers to report and record specific work-related injuries, diseases, and dangerous occurrences. -Report to Health & Safety Executive (HSE) -Covers: work-related fatalities, reportable injuries, reportable diseases (carpal tunnel syndrome, tendonitis, occupational asthma), dangerous occurrences -Helps HSE identify where and how risks are arising

Answer 87

Control of Substances Hazardous to Health 2002 (COSHH) –Require employers to assess and control risks from hazardous substances Employers can do this with -risk assessment -procedures to prevent/control -provide training -monitor work/procedures, arrangements to deal with accidents/incidents/emergencies -ensure containers are clearly labelled/identifiable. -Can be substances directly in work activities (e.g., cleaning chemicals) or arising from the work (e.g., dusts, fumes, waste products. -Excludes asbestos and lead which has own regulations There is also Dangerous Substances and Explosive Atmospheres Regulations (DSEAR)

Answer 88

H&S at work act 1974 -Must take reasonable care not to put yourself or others at risk -Follow training -Don’t interfere or misuse -Cooperate with employer’s arrangements. Building safety act -Cooperating with duty holders eg principal designer/contactor or client -Have competence -Report

Answer 89

Specifically defined by the Health & Safety Executive (HSE) Those who work by themselves without close or direct supervision, eg: delivery drivers, security, cleaners, warehouses Train them to: -identify hazards -use first aid equipment -how to report Employers have a Duty of Care to ensure their workers are ‘reasonably safe’ under H&S at work act

Answer 90

-detailed document that outlines step-by-step process for carrying out a specific task or project safely -building upon a risk assessment. Includes -Hazard/risk -Who it might harm -Precautions already in place -Further action/Control measures -How it will be communicated

Answer 91

Construction Skills Certification Scheme -verifies training/qualifications of construction workers -ensure workers have the appropriate skills/knowledge to perform their roles safely on sites. -cards often a requirement to get on sites

Answer 92

Brexit H&S At Work Act is UK led so won’t change, only change is EU references removed Covid -more concious on spread of infection -Sites have had to adjust to social distancing, -implementing new hygiene and personal protective equipment (PPE) eg masks -accommodating a greater level of working from home roles -Complications on what is ‘reasonably practicable’

Answer 93

-Identify current cash position -Set forecasting period -Predict future inflow (eg sales) and outflow (eg expenses) during this period Subtract from each other to get either negative or positive net cash flow

Answer 94

Summary: -P&L statement: Legally required financial account, management accounts, PROFITABILITY RATIO, forecast, tax return -Balance sheet: measure financial health with LIQUIDITY and GEARING ratios ———- **Balance sheet - assets and liabilities** used to understand a company's financial health and position at a specific point in time Used for LIQUIDITY RATIOS (ability to turn assets into cash) that Measures ability to pay off SHORT TERM debts And GEARING RATIOS - measures amount borrowed against what it owns **Profit and loss statement - incomes and expenditures** -Legally required annually for financial account -Used in management accounts to track financial performance Used for PROFITABILITY RATIOS - performance in producing profit in relation to turnover (profit margin) -Also Useful for preparing tax returns, forecast future performance,

Answer 95

-review their credit rating -review cash flow statement to forecast how they will perform in future -review financial statements (balance sheet, income statement -produce gearing ratios and liquidity ratios

Answer 96

-Generally Accepted Accounting Practice, -set of accounting standards/practices to prepare financial statements -governed by the Financial Reporting Council (FRC).

Answer 97

Increase in Cloud accounting involves using online software to manage and process financial data, rather than storing it on local computers or servers.

Answer 98

Gleeds -I work on key contracts with HS2 and Heathrow so good performance will benefit this key objective of retaining these TW -Contribute to turnaround plan to improve business resilience and reduce debt

Answer 99

-Increase infrastructure sales from £4.2 to £50 million by 2028 -Increase staff headcount by 15% by end of year -Clients - increase proportion of revenue from top 20 clients to 45%, grow AWE account to £5m -Maximise existing frameworks, have 22 x £1m+ Accounts and 5 x £5m+ accounts -Finance: focus resources on the most profitable clients, visual dashboards of key financial KPIs/ project profitability analysis, clear identification/management of risks -ESG: 1000 hours of volunteering, £20,000 raise by end of year E.g this is Gleeds 1 year OPERATIONAL plan. Can have departmental ones e.g infrastructure to grow staff, retain NHS framework and large clients e.g HS2

Answer 100

Political: eg government policies, political stability, regulations, trade restrictions, and tax policies. Economic: economic growth, interest rates, inflation, unemployment, and disposable income. Social: demographics, lifestyle trends, and consumer attitudes. Technological: advancements, automation, and the impact of technology on the industry. Legal: laws, regulations, and legal frameworks that affect business operations. Environmental: sustainability issues, climate change, and resource availability.

Answer 101

Brexit Less labour from EU Increased material costs Tariffs Disrupted supply chains (longer lead times) Covid Working from home - same productivity? Less office rental cost decrease in demand during the pandemic many domestic and commercial projects put on hold. Decrease in turnover decrease in both planning applications and decision Affected main contractors who work on site more than consultancies General: -All-in TPl more volatile/dependent on market conditions than GBCI due to: -Contractor’s raising risk premiums due to market uncertainty -Therefore aversion to single stage tenders -More selective due to high demand for infrastructure contractors -Inflation of materials highest since the 70’s -Increase in labour cost (primary inflation driver) exacerbated by skilled worker shortage, especially in water/infrastructure with unsociable hours and uncertainty in news -Lots of insolvencies since 2010 which increases inflation eg ISG went into administration. -Performance bonds are becoming more challenging/expensive to obtain. This increases inflation and destabilises contractor supply chains. -Shift towards sustainable materials which cost more -As long as cost of borrowing remains elevated, construction output is likely to suffer continuing declines.

Answer 102

Brexit -Focus on assessing supply chain risks -Updating market analysis -Revising financial projections after tariffs/trade barriers and currency fluctuations -New business model Covid -Hybrid working -Ensuring productivity despite working from home -Focus on ensuring effective stakeholder communication -Change in buildings required eg less offices -Focus on CSR to grow brand in difficult time for people

Answer 103

-focus on clear, respectful communication -understanding diverse perspectives -prioritising collaboration over confrontation -actively listening, -recognizing when to step back, you can significantly reduce the likelihood of disagreements escalating

Answer 104

-Standard forms -Clear and precise language -defining key terms. -Use plain language, avoid jargon and legalistic terms -ensure all parties understand contract's meaning. -Consider using a contract management platform to centralize the process and facilitate collaboration.

Answer 105

If contract ambiguities are noted, the immediate steps are to clarify the other party's understanding and attempt to agree on a revised interpretation or amendment

Answer 106

-Clear Documentation: detailed records of agreements, instructions, variations, etc ensures that there is a clear and verifiable record of what was agreed upon and what actions were taken eg CE’s facilitates collaboration -Accurate records serve as strong evidence in case of disputes -ensure that all parties are adhering to their contractual obligations and can demonstrate compliance if needed. -Transparency and Accountability: making it easier to hold individuals accountable for their actions. -Reduced Ambiguity: minimize ambiguity and avoid misunderstandings -Facilitates Early Dispute Resolution: easier to identify and resolve

Answer 107

-foster open communication -set shared goals -create a culture of mutual trust and respect. -Encourage team building -provide regular feedback, -having a mechanism for conflict resolution.

Answer 108

Alternative Dispute Resolution (ADR) are methods of resolving disputes outside of the traditional court system. more flexible and often faster way to settle disagreements than going to court, focusing on finding mutually acceptable solutions. Eg mediation, arbitration, and ombudsman schemes.

Answer 109

-Adjudication -Arbitration

Answer 110

Summary: -Contractor disagreed on interpretation of cut out connection -Collaboration imperative as in framework -I was respectful and collaborative, and acknowledged there was an ambiguity -Suggested the creation of new rate -Noticed this would affect their cash flow so proposed advance payment plan (bond) got jobs assessed but no appropriate rate -Could have argued that no rate applicable but I didn’t ———— -Contractor disagreed on interpretation of a cut-out connection rate in the SoR -I acknowledged there was a contractual ambiguity -I kept records of different scenarios where it had been paid and where it hadn’t -Was affecting contractor cash flow so I suggested payment on account based on percentage of non assessed costs -Consulted with contractor to agree a new rate -Could have argued and said that we don’t need to agree a new rate, but wanted to facilitate collaboration

Answer 111

Depending on formality 1 Negotiation; 2 Mediation (or third party intervention); 3 Adjudication/ Arbitration/ Litigation.

Answer 112

Brexit -Claims due to delay in eg materials, lack of labour -Relations/disputes with EU complicated more complicated due to different laws Covid -Many claims due to project delay - who has liability for a pandemic is force majeure. Many contractors have invoked "Force Majeure" clauses, claiming relief from contractual obligations due to the pandemic.

Answer 113

The UK GDPR, a version of the EU's General Data Protection Regulation sets out the core principles and rights regarding personal data. The DPA 2018 provides more detailed guidance, specific rules for the UK

Answer 114

-Project data (TWEXNET or Gleeds Teams/Sharepoint folders) only accessible to those who need it/working on that project -Customer personal data eg name and address is encrypted -Lock my laptop when not there -Ensure don’t let people into building without pass -Follow employer training -Mindful of who I share files with

Answer 115

-Processed lawfully, fairly, and transparently -Only used for its specific purpose -Only the necessary data -Kept accurate and up to date -Only kept as long as necessary -Must be protected and made confidential -Accountability for protecting it These principles should lie at the heart of your approach to processing personal data.

Answer 116

BCIS location, time (inflation) factors ——- -transforming data into a common format -scale -normalise Allows for easier analysis and comparison

Answer 117

BCIS UK mean = 100 So North East could be 98 and London could be 120

Answer 118

Processor at work Subject at work/life

Answer 119

-Data only retained as long as needed -Only accessed by relevant people -Develop a Data Retention Policy: to determine how long payroll data will be kept, ensuring compliance with legal obligations and internal needs. -Data Protection Audits to Regularly review data handling practices to identify and address potential vulnerabilities and non-compliance. -Implement encryption and access control to safeguard sensitive data, eg in payroll where employee details are handled. -Ensure Staff trained in GDPR requirements regarding data protection,

Answer 120

-Teamwork is always important -However possibly less so in industries of high technology and automation -Construction is not this, and requires team whether you are on site or working on a project with colleagues or contractors or client

Answer 121

-create a supportive environment -foster clear communication -celebrate successes -define clear roles -set achievable goals -mutual respect -trust

Answer 122

-Establish your objectives -Learn from previous projects -Audit your existing team -Value all skills

Answer 123

formal agreement between two or more organizations to work together towards a shared objective, while each party maintains its independence. formed to leverage each partner's strengths, gain access to new markets, or develop new products or services

Answer 124

-Identify the Root Cause by: talking to the employee and understand their needs -Assess situation: Determine if the underperformance is due to a lack of skills, motivation, or other external factors. -provide construction feedback -Set clear expectations -Offer support and resources: -Consider a performance improvement plan (PIP): Maintain open communication at all times

Answer 125

-acknowledge good performance, APPRECIATION -open communication -understanding -develop their skill sets -be flexible -establish trust -exploit potential

Answer 126

-Experience -Skills -Ability to work in a team -Communication -Enthusiasm/commitment

Answer 127

Covid -Working from home - lack of physical contact

Answer 128

Moto neurone - accessible bathrooms and adult changing facilities ‘Changing places campaign’ Physical disabilities eg in wheelchairs Vision impairment - clear signage Hearing impairment - minimise background noise

Answer 129

-Comply with building regulations -Focus on accessibility -Test design -Research of what it would be like with different disabilities, eg from wheelchairs to neurodiversity to deafness

Answer 130

Resistance to sound: document E Overheating: document O Electrical vehicles: part S

Answer 131

Covid More healthcare facilities required and therefore refurbishment of old buildings to meet current building regulations More people working from home so reasonable adjustments provided by employer eg equipment

Answer 132

-Energy Performance Certificate (EPC) -document that assesses and rates a building's energy efficiency, ranging from A (very efficient) to G (least efficient) -provides information on a property's energy usage, carbon dioxide (CO2) emissions -required when selling, renting out a property. And for new constructions and when a building is modified in a way that affects its heating, air conditioning, or ventilation.

Answer 133

-Building Research Establishment (BRE) -leading global science, innovation, and data hub for the built environment. -provides research, testing, certification, and standards

Answer 134

-Often a requirement to achieve planning permission or a requirement of client -often required for large commercial or public buildings

Answer 135

-Volunteering days based on environmental improvement eg landscaping and reducing surface runoff -Encouraging the use of sustainable transport eg cycling -Encouraging a paperless workplace and recycling -Conserving energy in the workplace.

Answer 136

Summary: -Investing ECONOMICALLY in research to improve ENVIRONMENTALLY friendly technologies to drive ECONOMIC growth -Engage SOCIALLY by engaging different stakeholders ——— -benefit environment and economic by Investing in research and development of environmentally friendly technologies that can drive economic growth. -benefit economic by together across different sectors (government, businesses, civil society) to achieve shared sustainability goals. -benefit social by engaging: different stakeholders in the decision-making process to ensure that their interests and concerns are considered.

Answer 137

No Has been replaced and incorporated into Building Regulations

Answer 138

-Assessment of projects across categories: including energy, water, materials, waste, land use, transport, and health & wellbeing. -Scoring System for meeting criteria with weighted scores to produce a final rating -Can earn additional credits for innovative technologies, designs,

Answer 139

Approved Document L: Conservation of fuel and power -sets out requirements for specific aspects of building design and construction. -Eg a building shall not exceed the target CO2 emission rate for the building -Eg a building shall limit heat losses and has information provided so that the building can be operated efficiently. ——- Part F: Ventilation -Buildings to be airtight to reduce energy wastage, but need sufficient ventilation to prevent overheating and make air comfortable. -Minimum airflow in bedrooms -Minimum background (natural) ventilation -Requirement for new homes to produce around 30% less CO2 than current standards and a 27% reduction of emissions from other new buildings, including offices and shops.

Answer 140

Covid Harder to get materials More working from home so focus on domestic energy usage Increase in off site manufacturing Increase power needed for data centres/AI Brexit Increased cost in materials and labour So increased focus on locally sourced materials

Answer 141

Compensating individuals for their losses from ‘civil wrongs’ against them eg negligence like a shop owner not warning of a slippery floor Compensation could be loss of wages, medical costs Not criminal law

Answer 142

-working at height -open excavations -hazardous materials eg asbestos -large machinery -Striking utility cables -slips,trips, falls -noise (tinnitus) -electrocution

Answer 143

client principal designer principal contractor designer contractor Health and safety executive

Answer 144

Access and use of buildings

Answer 145

-Elemental Life Cycle Cost Plan -Component Life Cycle Cost Plan -Capital Cost Reporting -Stakeholder consultation -Zero carbon feasibility study

Answer 146

Timber for narrow low risk Steel sheets for larger

Answer 147

-Hearing loop induction systems -Acessible parking -Ramps -Wheelchair lift -Gender neutral or disabled toilets -Breast feeding rooms -Prayer rooms -Acessible toilets

Answer 148

Political New government eg pledge to build homes War eg Russia Ukraine could increase material prices Legal Changes in legislation eg building safety act, or building regulations

Answer 149

-Does it need to be retained for current or previous clients eg at least 6 years? -Because it could lead to legal proceedings if less than this (litigation) so need to retain it -Do we have a backup copy, eg saved on the shared drive? -Comply with GDPR, which requires organizations to securely dispose of personal data -Identify which information is confidential to ensure it is securely destroyed

Answer 150

designed landscape sites that reduce the flow rate, total quantity, and pollutant load of runoff from impervious urban areas.

Answer 151

National initiative in UK construction industry to improve its image and promoting best practices beyond statutory requirements. Registered sites and companies monitored against a Code of Considerate Practice which focuses on: -respecting the community (public) -valuing the workforce. -caring for the environment Grown from recommendations in the Latham Report Sites are also visited by Site Monitors to assess whether procedures are in accordance with the Code

Answer 152

systematic process of: -identifying the HAZARD -so you can measure/evaluate the risk (probability x impact) -to understand how it can be mitigated/reduced

Answer 153

Can be as a stage 2 ADR (after stage 1 mediation), but in this case: ADJUDICATION IS ITS OWN PROCESS, any construction contract can go straight to adjudication. So process is: -Party makes a claim to CRYSTALLISE dispute -Party provides Notice of Adjudication -Within 7 days, that same party issues a Referral Notice which states grievance and desired outcome …..Simultaneously, adjudicator appointed by Adjudication Nomination Body (eg RICS) or referring party within this 7 days -Within 7 days of the Referral Notice (second one) the Responding party responds with their side of the story -Within 28 days the adjudicator decides Timescales can be extended with agreement of all parties to a maximum of 42 DAYS OVERALL

Answer 154

-Understand financial health of contractor in a PQQ or bidding tender -Understand your own firm’s financial health -Cash flows in projects

Answer 155

process where two or more parties engage in a discussion to reach a mutually agreeable outcome, often involving a compromise or concession

Answer 156

-Undertake research -Understand THE CLIENT’S goals/objectives…. And minimum willing to accept -Consider technique/strategy -Understand what level I am authorised to negotiate to

Answer 157

-Cost: elements need for costs of hardware, software, and managing physical storage facilities. -Can collaborate and share files easily with controlled access -Backup of files to protect from system failures -Backup and and version control is automated so don’t need IT professionals -Can access data from anywhere -Enhanced Security with encryption, access controls -Can increase storage easily

Answer 158

Costs are shared unless adjudicator decides one party should pay eg if one party clearly wrong

Answer 159

-If scope of work has changed/increased -dealing with insolvency -client needs services for longer as contractor has delayed programme

Answer 160

-Reducing on site productivity or work quality (defects) -Request for upfront payment or inflated payment requests -Poor cash flow and reliance on borrowing -Not ordering materials -Complaints from subcontractors -low credit rating, low liquidity ratio, highly geared, poor cash flow

Answer 161

-Remain professional, respectful, and calm -Put yourself in their shoes to work towards a common goal -Stay objective -Offer to go away and come back later

Answer 162

-Understand their needs/requirements -Act only within my competence -Transparency and honesty -Effective communication -Be proactive, professional and respectful -Keep accurate records

Answer 163

-Take it away and reconvene -go back to client to present facts to them and see their thoughts on if they would want to concede to prevent going to adjudication, client might want to avoid this • I would not discourage contractor from proceeding to ADR

Answer 164

-Have to live with it -Can only increase if scope of work changes -Would feed back to internal team information so this wouldn’t happen again

Answer 165

-Services -Fee arrangements (lump sum, instalments, percentage) -Brief -Terms and conditions

Answer 166

-Would not reduce them -Provide client with breakdown of how fees were calculated eg services, rate and number of hours -Could then show what services could be removed to reduce scope and subsequently reduce fee… -but never reduce fees if scope is same

Answer 167

Risk to workers and public -Plant/machinery -Cranes -Deliveries -Lack of ventilation from hazardous materials/gases -insufficient exit points

Answer 168

-Identification of the Client’s needs & key deliverables. -Identification and analysis of Project issues. -key Benefits for the Clients -References to relevant experience. -Terms and Conditions. -Methodology. -Timeline -Organogram. -pricing structure eg staff hourly rate x days x weeks -Supporting CVs. -List of quality assurance procedures -Stages of RIBA plan of work -assumptions/exlcusions

Answer 169

Unclassified Pass Good Very Good Excellent Outstanding

Answer 170

-Gives client an indication each month on outgoings to ensure sufficient funds available -If not allows them to make informed decisions -Also allow to forecast an outturn cost of project -In public sector can enable them to budget for financial years (Public spending in the UK is tracked and reported in financial years, which run from April 1st)

Answer 171

Under CDM regs, F10 form to HSE when: -Project longer than 30 days -More than 20 workers -More than 500 person days

Answer 172

ensure all personnel on a construction site are aware of: -specific hazards -safety rules -emergency procedures before they start work -have appropriate PPE

Answer 173

-Understand their concerns, be empathetic, and attempt to resolve the issue. -Inform and provide them a copy of the firm’s complaint handling procedure (first stage) and the availability of an independent redress mechanisms if the complaint cannot be resolved internally (second stage)

Answer 174

Notify PI insurance providers

Answer 175

-A legal process for individuals (not companies) to deal with debts they can't repay. -Their assets are shared amongst creditors, and it allows them to make a fresh start debt free (with some restrictions)

Answer 176

Summary: Performance based design criteria on: energy performance, airtightness, and thermal comfort Basically, designed to keep buildings at a constant temperature to eliminate the need for additional heating and cooling ——- -building standard for new buildings/refurbs that focuses on achieving ultra-low energy consumption -achieve sufficient indoor air quality and temperature conditions without need for additional recirculation or heating/cooling of air -through high-efficiency insulation and airtight construction to minimize heat loss and requiring minimal heating/ cooling… to have a consistent indoor temperature year round

Answer 177

Maintain a register that contains: -location of asbestos -their condition -actions to be taken to manage the risks eg monitor or dispose -Who is responsible for managing it

Answer 178

Maintain a register that contains: -Who is responsible for managing it -Asbestos register (location, type, condition) -actions to be taken to manage risks eg monitor or dispose -register of decisions

Answer 179

-Risk assessments -Building regs part M -Sprinklers -Alarms -Evacuation routes -Fire doors -Clear signage -Smoke extraction •Maximum occupancy listings. • Fire exits with signage above that can function in a power failure. • Placing fire extinguishers and fire alarms in easily accessible places. • Restricted use of flammable materials. • Installing fire alarm control panels for quick detection and warning of fire.

Answer 180

-Understanding their requirements from myself and the project -Maintaining expectations by obtaining feedback -Looking out for clients best interests -Ensuring my Client has a copy of my company's CHP -Undertake quality assurance on work

Answer 181

Lawfulness, fairness & transparency Accountability Minimise data Storage limitation Purpose limitation Accuracy Confidentiality & Integrity (LAMS PAC)

Answer 182

• Password protect • Use secure networks and software • Recorded special delivery • Marked as confidential

Answer 183

• Files should be locked away or password protected • Non-disclosure agreements could be signed • Physical separation of staff

Answer 184

business strategy = concerns an entire organisation and where it competes / allocates resources. More high level plan that defines company's long-term direction and competitive advantages. business plan = detailed document outlining a company's implementation of the strategy… and objectives

Answer 185

-Outlines actions and decisions a company plans to take to reach its business goals and objectives -A business strategy defines what the business needs to do, to guide the decision-making process in relation to hiring and resource allocation Eg marketing strategy, recruitment strategy, corporate strategy

Answer 186

a formal document that outlines a company's goals, STRATEGIES, and financial projections, essentially serving as a roadmap for its growth and operations

Answer 187

• Strategic = defining goals, missions and visions, and what projects to take on to achieve those goals • Operational = what the business will focus on, in the near future, to meet goals ie daily activities

Answer 188

• Undertake SWOT and PESTLE analyses • Determine how the risk of external factors can be reduced • Continuously monitor and review risks

Answer 189

• Important to form the basis of a business STRATEGY • Strengths, Weaknesses, Opportunities, Threats • Used to review internal and external factors to understand the company's position in the market

Answer 190

-Analyse position in market and look at how we can use internal resource to our advantage -and how we can analyse risks of external factors to mitigate, reduce or use to our advantage

Answer 191

• Political, Environmental, Social, Technological, Legal, Economic • Used to analyse specific EXTERNAL factors to see how they can be used to benefit the business, or how their impact can be reduced or avoided Eg: Political: Russia/Ukraine Environmental: Covid Legal: building regs

Answer 192

• Ensure works undertaken for clients are within scope. If not, it provides grounds for additional works / fee • Record all time on staff intranet to demonstrate jobs remain in profit • Sharing knowledge with my team through CPD sessions - Provide high standard of service to encourage repeat clients -Promote brand on CSR days

Answer 193

• Register with the RICS • Get insurances in place, eg PII, Employers Liability, Public Liability • Put procedures in place to protect client money • Complaints handling procedure • Comply with statutory (eg staff pay) and RICS rules for firms (and obligations

Answer 194

• you may be approached by a client where a contractor has ceased trading/become insolvent, and they need advice • A contractor could become insolvent on one of YOUR projects

Answer 195

• I could undertake a Dunn & Bradsheet report • Undertake a credit check with an agency, such as Experian • Speak to colleagues & the supply chain

Answer 196

-can forecast whether the business or project has money to pay out, and when money is expected to be paid in -Can highlight if a business or project will have a negative cash flow, so they can do something about this in good time

Answer 197

- can help them understand when money is due from the client and when they need to pay subcontractors in their supply chain - Can help them remain solvent by ensuring they are not paying all money out at once eg to procure materials and pay salaries

Answer 198

• can give an indication of the expected project expenditure at each month • It can enable a client to budget for their financial year - end of year spending for public sector clients

Answer 199

They have different tax obligations for example, CAPEX can benefit from capital allowances

Answer 200

• Helps with assessing the financial health of tendering contractors • Can help in preparing company accounts within their own surveying practice • Can assess the financial health of competing surveying practices

Answer 201

type of tax relief businesses can claim when they invest in long-term assets. Capital allowances allow you to deduct part, or all, of the assets value from profits, therefore paying less tax

Answer 202

The use of borrowed funds to invest, to increase the potential return on investment

Answer 203

• can stop company activities until issue is resolved, especially if it was a legal requirement • Can recommend ways the company can improve its methods to comply with policies and procedures

Answer 204

• Improves efficiency of operations • Evaluate risks • Ensures legal compliance • Can be a requirement to continue compliance with financial and quality management systems

Answer 205

focuses on the way a team tackles a task through to completion Forming - specify goals Storming - conflicts & negotiation Norming - consensus & team spirit Performing - complete Adjourning - feedback & disperse

Answer 206

- Password protect • Use secure networks and software • Recorded special delivery • Marked as confidential

Answer 207

-Cyber security training -ISO accredited -independent audits -encrypted server -have a data protection officer -Files should be locked away or password protected Client confidentiality • Non-disclosure agreements could be signed • Physical separation of staff

Answer 208

The information commissioners office

Answer 209

Lawfulness, fairness & transparency Accountability Minimise data Storage limitation Purpose limitation Accuracy Confidentiality & Integrity (LAMS PAC)

Answer 210

an individual or business is unable to pay their debts as they become due

Answer 211

• Retain existing clients and secure repeat business • Can reduce the likelihood of complaints and conflict • Maintain a strong reputation in the industry

Answer 212

• Agreeing strategies, goals and timelines • Be open and honest • Offer advice and direction in relation to scope of services • Be a good listener • Communicate clearly, concisely and regularly, to the clients needs (experienced / inexperienced clients)

Answer 213

• Project execution plans • Director sign off for valuations • Monthly checklists for valuations to ensure everything has been captured • Record all advice and discussions within the shared drive • Change control log -Benchmarking and KPI’s • Follow RICS and company policies and procedures

Answer 214

Overall: to align client and consultants expectations/goals • Services required by the client • Insurance requirements • Terms of appointment • Key drivers for success • Duration of appointment • Any exclusions, eg dealing with claims

Answer 215

-document containing the terms and conditions for the services being provided by the consultant -RICS has a standard template which can be used, however, I would use my company's appointment document

Answer 216

• Apologise • Remain professional and respectful • Provide the client with a copy of the COMPLAINTS HANDLING PROCEDURE • Notify PI INSURER of a potential claim

Answer 217

• Client feedback • Client satisfaction questionnaires • KPIS

Answer 218

• Formally record feedback • Discuss feedback with the client to see how I can improve my performance in certain areas • Review in 6 months with the client

Answer 219

-Client satisfaction -Project progress compared to cost certified -Cost compared to budget -Programme slippage (from CE’s)

Answer 220

Professional standard so it is mandatory to follow. -Requirements for members and firms -Holding client money -Keeping client money safe -Providing information to clients on how their money will be dealt with -Payments with client money and receipts -how to manage unidentified funds (charity donations after three years)

Answer 221

• Scope of services • Terms of appointment • Project details • Fee drawdown • Anticiapted programme • Insurances • Assumptions and exclusions • Any responses to Quality Questions (eg H&S, Financial Information, CV's Exclude: -VAT -Dealing with claims -Any services not included

Answer 222

• Look at project scope size and complexity • Identity what tasks would need to be undertaken • Identify what resources you would need and what level • Assess the time commitment required to complete the scope of services x Nr weeks in programme • Look at overall total fee as a % against the schemes value, as a sense check

Answer 223

• Builds trust • Promotes confidence between parties • Protects industry reputation • Legal compliance (eg NDA, GDPR)

Answer 224

• Keep good communications • Make myself available for discussions • Explain everything clearly and concisely • Be friendly, respectful and polite

Answer 225

-A legally binding international treaty providing a global framework to avoid climate change -each country is obligated to monitor and report on their contribution to mitigate climate change transparently -aim to limit climate change to 1.5 degrees

Answer 226

Outlines the energy efficiency requirements for buildings: - limiting heat gains and losses - air permeability - building fabric (U values) - insulation regulations - boiler efficiency

Answer 227

Sustainable Urban Drainage System is a method to manage surface water runoff that mimics natural drainage and reduce flooding. It can be: -Permeable surfaces -Attenuation basins or crates -Rainwater gardens -Green roofs

Answer 228

-construction contributes to around 40% of global CO2 emissions -hazardous waste arising from construction works can cause pollution, so must dispose of it appropriately -Utilising methods such as lean construction can reduce waste on site

Answer 229

• Sound pollution • Dust pollution • Noise pollution • Use of chemicals • Contaminated ground or water course • Asbestos

Answer 230

the increase in temperature of a building due to solar radiation, prevented by: - shading or limiting glazed areas - Orientating glazing away from south - reflective glazing panels

Answer 231

-Solar panels generate own electricity -Green roof: looking after wildlife, and acts as an insulator to preserve energy -SUDS -Rainwater harvesting: for reuse in toilets or landscape maintenance

Answer 232

Economic: - use MMC or lean construction methods to reduce waste/cost - Tender through a framework with financial incentive for sustainability Environmental: - Provide provisions for PV panels, green roofs, attenuation Social: - employ local people - ensure everyone can access and use the building

Answer 233

-MMC can reduce waste on site, eg bathroom pods -Ensure materials are ethically sourced -Source local materials to support the economy and reduce carbon emissions from transport

Answer 234

-energy saving light bulbs and time sensors -recycling bins -promotes cycle to work scheme -WFH opportunities to reduce travel -social value days to help environment

Answer 235

-International scheme that provides independent third party certification for the sustainability performance of individual buildings -Assessments take place at several stages of RIBA, from design to completion and operation -The system uses 'credits' to see how sustainable the building is

Answer 236

• Energy • Transport • Water • Materials • Waste • Land Use and Ecology • Pollution

Answer 237

-Demonstrates building is sustainable -Improved marketability for potential occupiers or owners -Can demonstrate a reduction in operating costs

Answer 238

-Used to see how a proposed project would impact its surrounding environment -The assessment would consider social, economic and human-health impacts of the proposed development

Answer 239

• Energy performance certificate that sets out energy efficiency of a building using a traffic light system A-G (A being most efficient) • provide an indication how much it will cost to heat and power the building

Answer 240

shows the actual energy efficiency of public buildings based on recorded consumption

Answer 241

-Experienced clients have more knowledge/understanding of construction terminology, whereas Inexperienced Clients need more time to explain the workings behind an issue or topic -Experienced Clients may be able to make decisions quickly -Inexperienced Clients may need more support / advice to inform their decisions

Answer 242

Passive Assertive Aggressive

Answer 243

• Understand what level I am authorised to negotiate to • Understand what my CLIENT’S negotiables and non negotiables are • Ensure I am prepared and have all relevant information • Ensure I know what I want the outcome to be

Answer 244

-Attempt to have a discussion with the contractor, face to face -Remain professional and calm -If I can't reach an agreement, consult the client to see what they would like to do -Under NEC, PM assessment can be made

Answer 245

• Executive summary • Summary of rolling final account -Forecasted outturn cost • Changes since previous month • Approved, anticipated and disputed compensation events • Cash flow forecast • Schedule of instructions - Provisional sum adjustments

Answer 246

Statements which are made in a genuine attempt to settle a dispute, but cannot be used in a court as evidence

Answer 247

• clear contract documentation and appointment documents • Unambiguous tender documentation • Communication and listening skills -good payment practices: you can adjudicate if you don’t get paid by dates -respect and professionalism -clear records -empathy

Answer 248

• commercial aspects and disagreements • Unclear or conflicting specifications and drawing within scope of contract • Teams being under pressure, leading to poor or rushed decisions

Answer 249

The Technology and Construction Court would not normally handle cases with the value of less than £250k

Answer 250

Parties agree on an independent, third-party neutral person to facilitate discussions between them in an attempt to reach a settlement The power of his settlement remains of the parties and the process is non-binding The mediator does not award a winner

Answer 251

similar to mediation, being a non-binding process, where a third-party facilitates conversations in an attempt to agree But this time, The conciliator prepares a recommendations or proposals to resolve the dispute.. so is more actively involved in the process

Answer 252

-Where parties to a contract can refer their disagreement to an impartial third-party expert -more simple and cheaper than arbitration or litigation -The process is binding -essentially made redundant due to the introduction of Adjudication

Answer 253

developed to allow construction contract disputes to be resolved more quickly and cost effectively than formal dispute resolution procedures aim is so parties can come to a solution so they can resume and continue the work efficiently

Answer 254

-essentially a lawsuit without court involvement. -process is legally binding -can only be referred to if there is an arbitration clause in the contract

Answer 255

Advantages: - Process is private - Quicker in comparison to litigation - Parties can agree on an arbitrator with relevant expertise in the matter Disadvantages: - Parties must bear the costs of both the arbitrator and venue - Limited appeal rights - could be considered uneconomical for smaller claims

Answer 256

-involves claims in civil court -The nature, complexity, and value of the dispute will determine which court will hear a particular dispute

Answer 257

Advantages: - Judges can compel parties to comply with time frames - judges have the power to make interim relief to protect the parties decision pending final judgement - There are defined rights of appeal in cases where errors of fact or law are made Disadvantages: - Costly - Public process - Longer period to obtain judgement - Judgement will be subject to appeal

Answer 258

JCT constructing excellence contract uses partnering to promote collaboration and integrated working

Answer 259

• NEC = stage 1 is Adjudication and stage 2 is Arbitration. NEC4 also allows contractor & client to nominate senior representatives to try and negotiate before these formal proceedings are undertaken. • JCT allows for Adjudication and Arbitration.

Answer 260

UK’s national regulator for workplace health and safety -aims to improve this by providing guidance, influencing workplaces, and enforcing regulations. -eg conducting inspections, investigations, and taking enforcement action to ensure compliance. RIDDOR and Notifiable Projects (F10) reported to HSE

Answer 261

-Forever due to information eg asbestos exposure to monitor long-term illnesses -40 years for COSHH

Answer 262

• Wearing PPE • Attending site inductions • Adhering to contractors site rules • Reporting any issues to site management

Answer 263

-served to sites to tell the contractor to stop an activity for safety reasons -site should not resume activity until action has been taken to remove or control the risk

Answer 264

Through a risk assessment and method statement Risk assessment = Identify hazards, Measure the risk (likelihood x severity), detail how risk can be reduced/mitigated Method statement = Details the way works should be completed, Outlines the hazards, and a step-by-step guide on how to execute tasks safely

Answer 265

When they employ more than five people

Answer 266

From most to least effective: 1 Elimination 2 Substitution (replace) 3 Engineering (eg enclosure / ventilation) 4 Administration (procedure) 5 PPE

Answer 267

• Asbestos prohibition regulations 1999 • Control of asbestos regulations 2012

Answer 268

-Outlines personal responsibilities for RICS members -How to assess risks and hazards -guidance on what members should consider when working in various environments -How to ensure health and safety is managed during site visits -Covers the concept of the "safe person"

Answer 269

-notify project to HSE -make suitable arrangements for managing project -Provides preconstruction information -Ensures principal contractor has prepared construction phase plan -Ensures principal designer prepares health and safety file

Answer 270

-Outlined by HSE, and is a competent individual that ensures health and safety regulations are adhered to by: -has to notify HSE of project with F10 form -has to ensure duty holders comply -make suitable arrangements for managing project and ensure risks are being effectively managed -has the necessary training and expertise to allow them to carry out the role effectively

Answer 271

-Ensure high rise/multi occupancy residential buildings are designed, constructed, managed safely. Clear lines of responsibility for safety are established during the design, construction, and occupation of buildings, with dutyholders accountable for their safety obligations. -Applies responsibilities to owners, managers, designers, contractors, developers.. These duty holders responsible for golden thread ' of information to hand over to client on fire safety -Responsible Person' for fire safety -Building owners must register high-risk buildings with the Building Safety Regulator (BSR) -Any safety-related incidents must be reported to the BSR. -Building Assessment Certificates (BACs): Building owners must apply for and display BACs to demonstrate their building's safe

Answer 272

-Registration of Higher-Risk Buildings with the Building Safety Regulator. -Owners of high-rise buildings must designate an accountable person responsible for managing building safety risks. -A competent building safety manager must be appointed to oversee day-to-day building safety management. -Building Safety Case report demonstrating how a building meets safety standards must be prepared and submitted to the regulator. -Golden Thread of Information: -Dutyholders' follow Responsibilities: Eg Designers, contractors, and owners have specific duties related to building safety, including managing risks, ensuring compliance, and reporting incidents. -Building Assessment Certificate must be obtained for occupied buildings -All those involved must demonstrate competence. -Any incidents must be reported to the BSR

Answer 273

-Executive summary -company description -market analysis -marketing strategy -goals/objectives -day to day operations plan, -management team -financial projections -how it is funded

Answer 274

-as regularly as possible -at least annually, but ideally quarterly or monthly depending on the business's nature and the speed of market changes eg during periods of rapid growth or significant market disruption.

Answer 275

-protecting the privacy of individuals and ensuring that their personal data is used fairly and lawfully by organizations. -sets rules on how personal data is collected, handled, and stored -also granting individuals rights over their own data.

Answer 276

Carbon zero: where total amount of carbon emissions released equals the amount removed from the atmosphere. Net zero: same but is broader that includes all greenhouse gasses eg methane, nitrous oxide

Answer 277

Health and safety at work act 1974 Building safety act 2022 CDM regulations 2015

Answer 278

Whole life carbon assessment (WLCA): A standard that helps measure -whole-life carbon emissions -manage carbon budgets -reduce life cycle emissions -deliver a net-zero future for the built environment Should be done at concept, technical design, construction, post construction

Answer 279

-International Building Operation Standard (IBOS): -method for measuring and managing how buildings perform. (USER EXPERIENCE) -Assessment results can be used to inform decisions around ESG and sustainability, building optimisation and user-experience. -Measures against performance pillars: compliant, functional, economic, sustainable, performing

Answer 280

-Whole Life Carbon Assessment is a method for QUANTIFYING carbon emissions throughout entire project lifecycle of -International Cost Management Standards (ICMS) provides a high-level framework for REPORTING, CLASSIFICATION and BENCHMARKING costs and carbon impacts.

Answer 281

-promotes trust -ensures project success and meet client goals -Instil confidence on service and value for money -enhance customer satisfaction to contribute to long-term business relationships.

Answer 282

-Only if has been CONSENTED by client -Will be different limits that I am authorised to negotiate up to. For example I may only be allowed to negotiate up to £1m

Answer 283

-It is a voluntary process so has to be accepted by both parties -being aggressive and non collaborative

Answer 284

Client Principal designer Designers Principal contractor Contractors Workers

Answer 285

Client Principal designer Designers Principal contractor Contractors Workers

Answer 286

-take reasonable care of their OWN, and OTHERS health and safety -follow training -using provided safety equipment/PPE -cooperating with employer's health and safety arrangements/policy -report unsafe situations or hazards to the appropriate person.

Answer 287

Under RIDDOR: -Fatalities -Specified Injuries (listed in RIDDOR regulations eg fractures, amputations, serious burns) -Accidents where a worker incapacitated for more than 7 consecutive days -Accidents to people who are not workers (members of the public) that result in hospital treatment. -Dangerous Occurrences with potential to cause serious harm eg gas leaks, collapses, explosions. -Occupational Diseases: Diagnosed cases of certain industrial diseases.

Answer 288

-Measure a tendering contractor’s financial strength -Preparing business accounts -Assessing competition

Answer 289

-Gross profit: revenue LESS cost of goods sold (production costs eg materials, manufacture, labour) ……Eg if business is making enough to cover its immediate production costs -Net profit: gross profit (as above) LESS operating expenses (eg rent, salaries, interest, taxes)

Answer 290

Annual account, which includes: -profit and loss account -balance sheet, and a director's report -directors report -audit report

Answer 291

where a neutral third party, called an adjudicator, makes a binding decision on a matter. It's a fast-track process (28 days) usually often used in the construction industry, designed to resolve disputes quickly and cost-effectively compared to traditional litigation or arbitration. Binding unless overturned by arbitration Statutory right under construction act

Answer 292

-when one party is a residential occupier then adjudication doesn’t apply to them -to protect homeowners from being unfairly burdened with the costs and complexities of adjudication, particularly for smaller projects like domestic refurbishments or extensions -so has to be another means of dispute resolution

Answer 293

-crucial for protecting and keeping confidentiality valuable information -prevent data breaches -comply with data protection act 2018

Answer 294

-International Standard for quality management systems (QMS), -provides a framework for establishing, implementing, maintaining, and continually improving a QMS. -certified by independent body verifying their system meets the requirements of the standard.

Answer 295

AvECASMI Avoid Evaluate Control Adapt Substitute Measures in place Instrucfion Policy

Answer 296

Advise on: -cost implications of inclusive design -site constraints and acquisition -buildings regs that need to be followed Can satisfy ethical/moral/professional duty to consider all user needs and not just comply with minimum legislation/regulations, What are the key principles of inclusive design? -Placing people at heart of design -Acknowledging diversity/difference-Offering choice to accommodate all -Providing flexibility -Creating an convenient/wnjoyabke environment for allq

Answer 297

-WLCA, IBOS, ICMS -RICS were at COP29 to encourage WLCA -In collaboration to launch Built environment carbon database (BECD) -Sustainability report

Answer 298

-track, analyse and assess business accounts and performance. -For assessing the financial strength of contractors. -To compare actual progress of the work against pre-contract predictions.

Answer 299

- sperate account owned by a third party, held on behalf of two other parties. -They can be used as a project bank account. -Mechanisms must be in place for the release of funds such as payment certificates.

Answer 300

-client’s accountants will do the detailed analysis but I can look at the warning signs by liquidity ratios, profitability ratios and gearing ratios.

Answer 301

-maybe request a performance bond -review the tender submission to ensure this is excessively front loaded. -ensure interim valuations are accurate and not over claimed. -A project bank account can provide an additional level of assurance

Answer 302

-used to analyse the competitiveness of an industry and the barriers to entry. o Substitute products. o Bargaining power of suppliers. o Bargaining power of customers. o Rivalry amongst existing firms.

Answer 303

•undertake an analysis of the market and industry to identify business opportunities and critical success factors. • Companies should focus their resources in developing their competences in the critical success factors. • This then leads to development of goals and objectives with their associated strategies and actions.

Answer 304

-A review with client of current workload, resources & fees. -involves the identification of key client personnel who have influence over job opportunities and identification of who the firm should look to build relationships with. -A review of pipeline opportunities with that client is also undertaken.

Answer 305

-majority of work is developed through repeat business from existing clients. -achieve client requirements -positive testimonials -reduce the potential for negligence claims to arise.

Answer 306

Client performance feedback - process of gathering and acting on feedback from the client. comprises: -Gathering feedback during and after project completion. -sets the standards for the company and identifies areas for improvement. -encourages open discussions with the client to ensure satisfactory service is delivered and that goals are achieved. -provides an opportunity to gain future work for the company. -usually carried out at regular intervals (3-6 months) to ensure any problems can be identified and rectified as early as possible.

Answer 307

I would hold Client Account Planning Sessions with the client to identify their specific needs by: -Holding discussions about project key deliverables & the scope of services required. -Reviewing past CPF scores & identifying key areas for improvement. -Reviewing any complaints to identify mistakes and best practice methods of working.

Answer 308

-provide a firm foundation for the initiation of the project. -a formal statement of the objectives requirements of the finished project. -should be in sufficient detail to enable the integrated project team to execute the specification and detailed design of the work and so is an essential reference for the team.

Answer 309

-If a Conflict of Interest. -If the appointment is would not be in the clients’ best interests. -My firm cannot resource the job adequately. -If the project is outside of my skillset. -If the work was unlawful.

Answer 310

My firm has its own procedure for preparing fee submissions: -Determining client’s requirement and identifying if this is a service we provide -varying levels of sign off depending on fee value prior to submission.

Answer 311

-We undertake formal project reviews with the client every two months. -In my day-to-day involvement with the client I look to obtain regular informal feed-back through verbal and email communication. -We undertake a satisfaction survey questionnaire at the end of each project.

Answer 312

-I always ask questions and listen to the client on key challenges and issues they are facing. -use client’s briefing checklists where applicable. -ask for further clarification on their specific requirements.

Answer 313

-provide high levels of service and customer care during projects. -regularly obtain feedback and act on it. -dealing with complaints honestly and effectively. -keeping in touch with clients even when we have no live projects with them. -Organising business development activities such as social events or CPD’s.

Answer 314

-Preparation and collating supporting documentation. -Each party should get the chance to present their case in a calm forum. -Identification of bargaining positions and politely making proposals. -swift confirmation in writing on what was agreed at the meeting and confirmation on what items still need to be actions and by whom. -A confirmation of next steps to bring the negotiations to a close.

Answer 315

-1) Claim notification – heads of claim are notified to the parties -2) Internal research and preparation – with initial responses being issued to each other • 3) Organisation of the meeting

Answer 316

-Both parties should be allowed to discuss their position on the claim items and their reasoning for their position. -maintain professionalism, remain calm, acting with respect and courtesy at all times. -Both parties should honor the agreements reached for the benefit of the project.

Answer 317

-The cost of dispute resolution in proportion to the claim being sought -The timescales involved -The impact on business relationships and reputation.

Answer 318

Arbitration: -governed by the Arbitration Act 1996. -must be an agreement to enter into arbitration by both parties. -Parties have a wide degree of discretion to how the proceedings are conducted. -Procedures are similar to litigation with formal submissions by both parties, expert evidence, hearings and a decision by the arbitrator. -private process. Litigation:- -differs in that proceedings are conducted in court. -public process that follows civil procedure rules. -Despite having high costs the process can deal with multi-party disputes and civil procedure rules which aim for accessibility, speed and efficiency.

Answer 319

Arbitration: -governed by the Arbitration Act 1996. -must be an agreement to enter into arbitration by both parties. -Parties have a wide degree of discretion to how the proceedings are conducted. -Procedures are similar to litigation with formal submissions by both parties, expert evidence, hearings and a decision by the arbitrator. -private process. Litigation:- -differs in that proceedings are conducted in court. -public process that follows civil procedure rules. -Despite having high costs the process can deal with multi-party disputes and civil procedure rules which aim for accessibility, speed and efficiency.

Answer 320

-more focus on clients to put in place arrangements to ensure health and safety. -Clients can no longer assign their legal responsibilities to agents. -must be a declaration of how long contractors will be given to plan for construction work. -Clients deemed to assume the role of principal contractor for any period which other appointments aren’t made.

Answer 321

-project description. -hoarding, welfare facilities, traffic restrictions and permits to work. -Environmental restrictions and existing on-site risks such as site restrictions, -previous H&S files -ground conditions, existing services, asbestos surveys, contamination and unsafe structures. -Significant design and construction hazards such as design risks assessments, suggested method statements, arrangement for coordination post contract design work and changes.

Answer 322

-site address -local authority -brief description -Contact details for client and Principal Contractor. -time allowed by the client for the PC to plan/prepare the construction work -planned date for the start of work, duration of construction phase -number of people at work on site at any one time.

Answer 323

• Step 1 - Identify the hazards. • Step 2 - Decide who might be harmed and how. • Step 3 - Evaluate the risks and decide on precautions. • Step 4 - Record your findings and implement them • Step 5 - Review your assessment and update if necessary.

Answer 324

Health and safety executive national regulator for workplace health and safety to promote, regulate, and enforce H&S -prevent work-related death, injury and ill-health. -Provide support to the public and businesses with guidance, statistics and research. It does: -Inspectors can visit site without notice, talk to workers, take pictures and samples… can be to respond to a complaint/follow up investigation -issue written or verbal information and advice. -can impose sanctions including stop and improvement orders.

Answer 325

1- Eliminate the risk of accidents occurring at source eg assembly on the ground instead of working at height. 2-good Planning & programming of works. 3-Allowing sufficient time for works to be constructed 4-Carrying out risk assessments, method statements & educating workers. 5-Training inductions & CSCS qualifications. 6-Ensuring safe working sites and access & egress points.

Answer 326

-held in Baku, Azerbaijan -countries agreed aim to provide developing countries with at least $300 billion annually by 2035, -finalized rules for international carbon trading under Paris Agreement Carbon trading is setting a limit (cap) on the total amount of emissions allowed and allowing countries to sell them to others, ie financial benefit of getting below limits

Answer 327

-Use public transport -Locally sourced materials -Use brownfield sites -Low carbon technologies -Conserve heritage • Support health, social and cultural well-being.

Answer 328

-Heat from the ground is absorbed at low temperatures into a fluid inside a loop of pipe buried underground. -The fluid then passes through a compressor that raises it to a higher temperature, which can then heat water for the heating and hot water circuits of the house.

Answer 329

Theory based on motivational factors:- -Workers encouraged to work harder based on motivational factors such as empowerment, job enlargement and job enrichment. -Workers can become de-motivated if factors not met eg remuneration, comfortable working conditions and annual leave entitlement.

Answer 330

1Yes, they give a high level visual representation of the cumulative cost or expenditure over time, making it easy to see when cash inflows and outflows are likely to occur. 2 -Look at the PROGRAMME and how this relates to the PRICING DOCUMENT Eg: -open book (lowest predictability) is when materials/plant/labour expected to be on site -milestone payments provide low predictability of when… but good predictability of the value -activity schedule similar to milestone but completed activities made at end of month, so predictability improved as will be every month, but value certainty reduced as won’t know total monthly value -stage payments provide high predictability of when… but inaccurate value

Answer 331

Traditional - generally separate the construction cost from the design fees and risk allowance. -effect of changes in design ,sequencing of works, value of works, programme -effect of inflation -effect of interest and exchange rate - -the more complicated/bespoke the building the less accuracy that can be placed in the forecast. -estimating errors and changes in sequence to mitigate delays.

Answer 332

Traditional - generally separate the construction cost from the design fees and risk allowance. -effect of changes in design ,sequencing of works, value of works, programme -effect of inflation -effect of interest and exchange rate - -the more complicated/bespoke the building the less accuracy that can be placed in the forecast. -estimating errors and changes in sequence to mitigate delays.

Answer 333

-In traditional the client will probably separate their incurred design fees from construction costs -Design and build probably won’t as contractor’s design costs priced within activities, unless: o Client’s designers novated to contractor (as client still pays them) o the D&B route is cost reimbursable/target cost, and so design costs are paid by client/or shared …..initial cash flow will be based on agreed target but then updated as actual costs emerge

Answer 334

-Initially may think that variances to the forecast mean variances to the programme (eg deliberate resequencing, or the contractor is behind on the programme) Other reasons are: -unforeseen site conditions, adverse weather -materials being stored off site (and not claimed for -materials not being delivered on time, and -cash flow not being accurate in the first place. Contractor could also be above cash flow (can cause funding problems for client) due to: -front-end loading -being ahead of programme by working faster than envisaged -resequencing works -materials ordered in advance -materials off site not originally taken into account in cash flow forecast -variations -sign of insolvency -cash flow not being accurate in the first place

Answer 335

Subjective The 100 Day Arbitration Procedure is a popular option for shorter arbitrations. For larger ones a Common benchmark is 16-20 months for entire process

Answer 336

rules and principles for handling personal data in the UK, including how it can be collected, stored, and used -grants individuals more control over their personal data (individual rights list) -outlines the obligations of organizations when handling personal data (LAMS PAC) (Enforced by ICO)

Answer 337

rules and principles for handling personal data in the UK, including how it can be collected, stored, and used -grants individuals more control over their personal data (individual rights list) -outlines the obligations of organizations when handling personal data (LAMS PAC) (Enforced by ICO)

Answer 338

Privacy and Electronic Communications Regulations governs the use of cookies, electronic marketing, and the provision of electronic communications services.

Mandatory - Level 1 Flashcards

(364 cards)