Part 3 Flashcards
(43 cards)
Public consultation process UK
- Pre application consultation
- Application submission
- Consultation period
- Decision
- Appeals/ further engagement
Public consultation process China
- Planning stage (less formal)
- Limited public engagement
(Public notice period shorter) - Transparency
- Final approval
Fees calculation cost methods
- Percentage of consultation cost
- Lump sum/ fixed fee
- Time based fee
- Unit cost
- Stage payments
- Performance based fee (less common)
Role of contract administrator
- Plays a formal role at stage 5,6
(5) Administering building contract
Issuing instructions
Certifying payments
Monitering progress
Assessing extensions of time
(6) practical completion
Defects
Final account
Who is usually the contract administrator
Architect or project manager
What does qs do with 50-70% design
Preliminary cost estimating
Risk identification
Procurement advice
Cash flow forecasting
What can qs NOT do
Bill of quantities (BOQ)
Fixed cost tendering
VE trade off
Detailed cost control during construction
What is DRM
Design responsibility matrix
Asvantages of DRM
Clear allocation of design responsibilities
Reduce risk of design gaps
Improve coordination
Enhance contractual clarity
Ensure smooth design reviews and approvals
Support compliance and regulatory submissions
Risk of architects producing cost plans
Liability risk
Lack of market data/ benchmarking
Conflict of interest
Impact on procurement
Saw bad health and safety practice why do u have to act? How to act?
Under standard 1&3
- honesty, integrity, competence
-Should prioritize safety of others
Report concerns
Intervene informally
Escalate issue to HSE
What is liquidated damages
Pre agreed financial penalties in construction contract, payable by contractor to client if project not completed by agreed completion date
Why do we need liquidated damages
Protects employer
Encourage timely performance
Avoid need for client to prove actual loss
When to calculate liquidated damage
Calculated in pre contract stage
Why are sustainability and heritage can be opposing forces?
Retention vs performance
-Heritage requires to retain original materials
-Sustainable tends to alter these elements
Material compatibility
-Heritage protected by planning controls
-Sustainable interventions being limited
How does intellectual property protect architects within appointed documents
Legally protect original creative works AR produces
Protection under the (copyright, design and patent act 1988)
Which legal structure for own practice is preferred
Private limited company
Private linited company pros and cons
Overall easier to scale and build
Build credibility with banks and clients
Formal structure, clear governance and roles
Tax planning opportunities
Protects personal assets if business in debt
Cons
Extra admin work
Requires compliance with HMRC and company house
Which procurement route to minimize risk
Design and build
Why design and build minimize risk
Single point of responsibility
Cost certainty
Programme efficiency
‘Back to back’ clause
Main contractor includes clauses in their subcontract mirroring their obligations to clients, also make subcontractor responsible to those same obligations
Collateral warranty
Legal agreement that create direct contractual link between 3rd party and party that would normally not have contract with
Usually in construction projects
What to do if find out project has collateral warranty
- Check appointment terms
- Request draft wording early
- Review carefully/ seek legal advice
- Notify insurer
‘Adjudication’ ‘Litigation’ which is preferred
Adjudication
