Random Flashcards

(114 cards)

1
Q

What is the purpose of indemnity insurance

A

To ensure that if the firm faces a claim it is protected from financial loss it can’t meet from its own resources

Protects firm / member from its liability to paying damages to third parties (for breaches to professional duty)

Ensure clients don’t suffer financial loss which the firm can’t meet

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2
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A
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3
Q

What are the RICS indemnity insurance requirements

A

‘Adequate and appropriate’
Fully retroactive
Covers past and present employees

Minimum level of indemnity
Turnover
£100> = £250k
100,01-£200 =£500
£200,01< = £1mil

Maximum level of uninsured excess
£10mil > = £10k / 2.5% sum insured (whichever is more)

£10mil£1 = no limit

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4
Q

What is run-off cover

A

To ensure that firms, members and their clients are not exposed to financial detriment in the period following a firm ceasing to trade

15 year long-stop period

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5
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6
Q

What is contractors all risk insurance

A

all-risk insurance covers the risk of damage or destruction to buildings as work is carried out on them.

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7
Q

What insurances must contractors have

A

employer’s liability for employees, and for any persons for whom the subcontractor may act as labour master

professional indemnity insurance, to cover financial loss to third parties as a consequence of an error or omission in the execution of the subcontractor’s professional activities.

public and products liability, for injury or damage to third parties or their property

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8
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A
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9
Q

Types of dilapidations survey

A

interim (during the lease)
terminal (usually within the last 18 months of the term)
final (usually after the lease has expired).

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10
Q

Limitations of protimeter

A

-measures electrical resistance, not damp. provides an indication of the moisture content of timber
-The readings can be affected by things like timber treatments and wall finishes (plus other things.)
-Can give unreliable results in any material other than clean un-treated timber.

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11
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A
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12
Q

Construction methods?

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13
Q

What is the defective premises act

A

The DPA 1972 imposes a duty on those constructing, designing, or carrying out work on dwellings to ensure they are fit for habitation.

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14
Q

What is the liability period under the DPA?

A

Originally, claims had to be made within 6 years of completion. However, under the Building Safety Act 2022, this has been extended:

30 years for work completed before June 28, 2022
15 years for work completed after this date

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15
Q

How can a surveyor limit their liability through terms of engagement?

A

By including clear disclaimers, liability caps, and exclusions for third-party reliance.

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16
Q

How can failing to follow the RICS Code of Conduct lead to disciplinary action or legal liability?

A

Non-compliance can result in fines, suspension, or expulsion from RICS, as well as increased negligence risk.

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17
Q

What are the main types of insurance contractors should have?

A

Public liability insurance – Covers injury or property damage to third parties.
Employers’ liability insurance – Legally required if employing staff. Covers injury/illness claims from employees.
Contract works (all-risks) insurance – Covers ongoing construction work against damage (e.g., fire, theft, weather).
Professional indemnity insurance (PII) – Protects against claims of negligence in design or advisory roles.
Product liability insurance – Covers claims related to faulty materials/products.
Latent defects insurance (structural warranty) – Covers major building defects post-completion.

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18
Q

What are the RICS minimum PII requirements?

A

Firms with turnover under £100,000 – Minimum cover of £250,000.
Turnover £100,000–£200,000 – Cover of £500,000.
Turnover over £200,000 – Minimum of £1 million.

Maximum uninsured excess:
£10m = 2.5% of sum insured / £10k (whichever is more)
£10m< = no limit set

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19
Q

Q14: What is the difference between performance bonds and insurance-backed guarantees?

A

Performance bonds – A financial guarantee that a contractor will complete a project.
Insurance-backed guarantees – Cover defects in work (e.g., roofing) after completion, even if the contractor goes out of business.

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20
Q

How can a surveyor ensure they comply with RICS insurance requirements?

A

Refer to RICS liability and insurance

Review policy limits annually.
Use RICS-approved insurers.
Ensure PII covers their full scope of work.
Maintain run-off cover when ceasing business.

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21
Q

How should a building surveyor handle a conflict of interest under RICS Rules of Conduct?

A

Identify and disclose the conflict in writing.
Seek client consent before proceeding.
Avoid the instruction if impartiality cannot be maintained.
Maintain a record of the conflict and actions taken.

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22
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23
Q

DPA 1972 & liability?

A

The Defective Premises Act 1972 (DPA) sets out legal duties for builders, developers, and landlords to ensure that residential properties are fit for habitation

The Building Safety Act 2022 introduced major changes to extend liability periods under the DPA:

For New Claims (After 28 June 2022)

15 years from the date of completion of the defective work.
This applies to any work done after 28 June 2022.

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24
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25
How. Must asbestos be disposed of
Asbestos waste must be double-bagged, labeled, and transported to a licensed hazardous waste facility. A Consignment Note must be provided as proof of proper disposal.
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Regulation 24 CAR
Air Monitoring & Clearance Certificates An independent analyst must certify the area is safe for reoccupation. 0.1 asbestos fibres per cubic meter
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CAR 2012, Regulation 5
R&D survey required
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18(1) of the Landlord and Tenant Act 1927
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What is a joint names policy
both have equal rights to claim in the event of damage or loss. A joint names policy is used to avoid disputes over who is responsible for damage during construction. Since both the employer and contractor are insured, they can focus on completing the works without worrying about who will bear the financial consequences of unexpected risks (e.g., fire, storm, theft).
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What are the jct insurance options
A) Contractor's All Risks Insurance (new build) All Risks Insurance covering damage to both the works and materials B) employers all risks insurance (new build) All Risks Insurance covering damage to both the works and materials the Employer is required to take out and maintain (a) a Joint Names Policy in respect of the existing structures and their contents, and (b) a Joint Names Policy for all risks insurance for the works. C) Option C: insurance by other means
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What is a all risks insurance
All Risks Insurance covers almost all risks of physical loss or damage to the works, materials, and equipment, except for specific exclusions listed in the policy. It typically covers damage due to fire, flood, theft, vandalism, and accidental damage during construction. It also covers third-party property damage or injuries caused by the construction works. Who is Covered? Both the employer and contractor are typically named on the policy as joint insured. This means both parties have equal rights to claim under the policy in the event of damage or loss. Why "All Risks"? The term "All Risks" does not mean everything is covered, but it indicates that the policy covers any damage or loss that is not explicitly excluded by the terms of the contract. Common exclusions could include damage caused by war, terrorism, or wear and tear.
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What are the main duties under the HASAWA
So far as RP….S2- employers to employees 23- employers to persons other than empoyees S4- persons concrened with the premises (eg. S6manufacturers etc. including designers S7- duties of employees at work S8- duty not to interfere or misuse things provided
34
The Management of Health and Safety at Work Regulations 1999 (the Management Regulations)
The main requirement on employers is to carry out a risk assessment. Employers with five or more employees need to record the significant findings of the risk assessment. HSE publishes guidance to help interpret&comply
35
Tell me about PPE regs
Personal protective equipment (PPE) at work regulations 1992, amended 2022. duty on every employer in Great Britain to ensure that suitable PPE is provided to ‘employees’ who may be exposed to a risk to their health or safety while at work. 2022 Update: worker now has a duty to use the PPE in accordance with their training and instruction, and ensure it is returned to the storage area provided by their employer
36
What is the hierarchy of control
Elimination – physically remove the hazard Substitution – replace the hazard Engineering controls – isolate people from the hazard Administrative controls – change the way people work PPE – protect the worker with equipment
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What are the rules of conduct
1. honesty & integrity 2. Maintain professional competence 3. Good quality service 4. Treat others with respect & encourage diversity 6. Act in the public interest, take responsibility, maintain public confidence
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What is a hazardous substance v deleterious material
Hazardous- risk to health Deleterious- breaks down
39
How do you notify licensable work
NNLW- online. No min notice period LW- ASB5 form 14 days before. HSE-factories, demo, hospitals La- shops, offices, hotels etc
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Why was it considered licensable work?
Because it wasn’t sporadic and low intensity. Following HSE guidance, the work would be more than 2 hours in a 7 day period
41
What do you do before accepting an instruction
Qualified, competent, COI, does this meet clients needs? Are we qualified for the work? The responsible person should possess the relevant professional qualification to undertake the task; i.e. Assoc RICS, MRICS or FRICS (or other relevant professional qualification). Check if specific relevant qualifications or certifications (e.g. Registered Valuer) are needed for the assignment and, if so, whether they are held. Are we competent to do the work? ‘Competence’ means the responsible person having sufficient current specialist knowledge and technical skill to be able to deliver advice to a satisfactory standard. They should not provide advice beyond the normal scope of their professional work unless they are resourced to do so through appropriate training or supervision. Do the services we offer meet the client’s needs? Does the client need someone with your qualifications, experience and size of firm, or would they be better off instructing someone with a different skill set, or who can meet their needs more cost effectively? Also consider whether your professional indemnity insurance will cover the value and risk of the proposed work. Do we have any conflicts of interest? The current edition of Conflicts of interest, RICS professional statement, requires members and firms to check for and identify actual and potential conflicts of interests, and to take appropriate action if any are found. Record evidence of the checks made and the management of any conflict in writing. This should be kept with the working papers for the file.
42
What are terms of engagement and what should they include
Terms of engagement are a written record of the agreement between the client and the firm, in order to avoid doubt and confusion Good terms of engagement can help to avoid later misunderstandings with your client. They ensure that both the client and firm are clear about: the scope and nature of the service being commissioned and the framework within which it has been agreed to be carried out. Include how clients data will be used
43
What are the RICS 3 rules for members
1. CPD 2. Cooperate with the RICS 3. Promptly provide information to RICS
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Appendix A - Rules of Conduct (global)
Appendix A - professional obligations to the RICS
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What is your most recent CPD
46
What is your complaints handling procedure
Read through complaint. Mentions negligence? PI insurers may need to be identified. Forward complaint to regional head. Collate defence/respinse. <3 working days- acknowledge. <15 working days - respond Complainant still not happy? More investigations Still not happy? They are entitled to go to property ombudsman for independent review Ombudsman can get involved if you don’t adhere to timescales. Keep a record of communication
47
Informed consent
Where a clarity may be adversely affected my a COI. Only continue if you’re satisfied clients interests will be served. Party acknowledges the risk and instructs a firm/ member to proceed Note: be transparent. Ensure party understands what they are doing / risks / other options / are willing
48
What is your firms gift policy
I must report any gift offered over £50 Hospitality over £100
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RICS motto
Es modus in rebus - there is measure in all things
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He to clean the outside of a building
It is important to first assess whether cleaning will benefit the building, as it can cause damage, either while cleaning is underway, or over a period of time after completion. The type of dirt or other blemish and the material to be cleaned should be assessed and, in some cases, trials carried out. The client should be consulted on this process so that they are aware of the likely results and accept the quality standard of the work. Other considerations might include: The cause of the problem, i.e. whether it is due to a construction defect, lack of maintenance, damp, and so on. Whether it is causing damage and/or harm to the building. The possible damage to the building fabric as a result of cleaning. The standard of cleanliness to be achieved. How long should the fabric, in its cleaned condition, last? Pre-soak masonry to fill microscopic holes and pressure wash BS8221 sets out the different types of available treatment methods, which include; hand-powered mechanical methods, machine-powered mechanical methods, water-based methods, chemical methods, and laser or radiation-based methods.
54
What must go in an adjudication notice
nature and description of the dispute, details of the referring party, and the remedy sought
55
New arbitration act
Modernising our arbitral framework will help ensure the UK continues to be competitive in the global market. The Act also clarifies the powers of courts to support arbitration and powers for summarily dismissing issues that have no real prospect of success which should improve the efficiency of arbitral proceedings.
56
What is a Calder bank offer?
Calderbank v calderbank Mrs sent offer to mr He declined Later in court judge did not beat the offer Mr had to pay for mrs court costs. Wasted time of the courts when a fair offer was already made
57
What negotiations technique did you use
0 sum (win a bit, lose a bit) win win Non 0 sum negotiation win - lose
58
What is mmc
building methods that are designed to be more efficient and effective than the traditional 'brick and block' method of constructing buildings
59
Give me an example f a u value
rate of transfer of heat through a structure Maximum levels of u value set by part L Non-domestic Existing building roof 0.18 W/m²K Watts per metre squared Kelvin
60
Concrete v steel?
Concrete: Possible shapes Thermal properties Acoustic properties Fire Steel: Wider spans Lighter More efficient(easy to join elements) Recyclable Quick to assemble
61
What is underpinning
Used to strengthen foundations which are failing / die to have additional load
62
What is the role of PD
plan, manage, monitor and coordinate health and safety in the pre-construction phase. help and advise the client in bringing together pre-construction information, and provide the information designers and contractors need to carry out their duties work with any other designers on the project to eliminate / reduce / control foreseeable health and safety risks Communicate and cooperate with others Liaise & inform PC of risks
63
What are the key elements of a construction phase plan
Under the Construction (Design and Management) Regulations 2015 (CDM 2015) a construction phase plan is required for every construction project. This does not need to be complicated. -key dates -connection/ disconnection of services -services and isolation points -access -main dangers ( working from height - scaffolding, how to prevent asbestos exposure) -how to keep site safe and secure(toilets, - how you’ll communicate site rules, h& s infirmation
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What is CPP
Under the Construction (Design and Management) Regulations 2015 (CDM 2015) a construction phase plan is required for every construction project. This does not need to be complicated. -key dates -connection/ disconnection of services -services and isolation points -access -main dangers ( working from height - scaffolding, how to prevent asbestos exposure) -how to keep site safe and secure(toilets, - how you’ll communicate site rules, h& s information
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What are the two types of specification?
Prescriptive Performative
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What do you put in a spec
Prelims Works sections (materials and workmanship , ref. To manufacturers standards Schedule of work
67
What’re the charges with jct 24
Gender neutral language Now allow email for service of notices Reflects BSA 2022. PD& PC identified Epidemics now a relevant event Stronger emphasis on collaborative working. Now a mandatory element (not an optional supplemental provision)
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What is the RICS whole life carbon asssessment
a method for measuring carbon emissions of building and infrastructure projects throughout their entire lifespan. Carbon cost benefit analysis
69
At what RIBA stage were you appointed for regent house
Stags 1 prep and briefing. you are now pinning down what you want to achieve with the project, including: Project Outcomes Sustainability Outcomes Quality Aspirations Spatial Requirements In order to make sure that these goals are practical, this stage includes: Feasibility Studies Agreeing the Project Budget
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Example of RIBA stage. 2
Concept design. It is normally during this stage that your principal designer will contract the specialist consultants – eg, tree surveyors, fire safety consultants – you might need. Stage 2 is when design reviews happen – you and the design team work together, exploring ideas and analysing options, to get to a concept that fulfils both your wants and needs. It starts with rough ideas and evolves towards a workable design.
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What riba stage were you on site
Stage 5: manufacturing and construction
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What is rule 1 & give me an example
1. Members must be honest, act with integrity and comply with professional obligations& obligations to RICS I complete Conflicts of Interest in accordance with COI Professional statement Open& transparent about fees
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What is rule 2 and give me an example.
2. Members and firms must maintain professional complete nice & ensure services are provided by competent individuals with necessary expertise I have an annual PDR where I write & discuss my professional development. I comply with CPD requirements. I do extra reading, for example when I heard about RAAC in the news I did further reading on this CPD requirements minimum 20 hours of CPD each year, including 10 hours of formal (or structured) learning.
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What is rule 3 and give me an example
Members and firms must provide a good quality and diligent service Before submitting any report I get it quality assessed by another surveyor. I make sure I know what the survey is for prior to issuing it. For example I recently did a SoC to be included with a lease an I asked the client if it was fully limitin go in the new lease. It was a yes, so I recommended a drone survey to get roof photos. I’ve completed SoC before that don’t limit the roof, so there’s no need for this.
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Give me an example of rule 4
Members and firms must treat others with respect and encourage diversity and inclusion Deaf guy in team, talk face to face so can lip read.
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Rule 5 RoC?
Members and firms must act in the public interest, take responsibility for action, prevent harm and maintain public confidence in the profession Stramit, dilaps assessment / dilaps
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Appendix A of rules of conduct ?
Professional obligations to RICS. CPD, cooperate , provide info to Standards and Regulation Board Firms: chp, PI, arrangements for death, cooperate, probably provide info, display business literature RICS designation, report matters to RICS 
78
What insurance would you need if you started up a company
PI employers liability Public liability Building insurance for your office
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What is negligence
Loss suffered by a client / third party due to failing to provide a duty of care
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Tell me what a complaints handling procedure must include
RICS complaints handling professional standard (2016, reissued 23) Rics provides a model form Details of CHP are in terms of engagement Clear, quick transparent, impartial, free Must me investigated within 28 days Complaints & outcomes must be recorded notify PI insurers 2 stages minimum 1. Consideration of complaint by senior / complaints handling officer 2. If issue not resolved, complaint referred to independent 3rd party with authority to award redress
81
Me what recent article have you read
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RICS professional indemnity requirements
-Each and every basis (or aggregate + round the clock reinstatement) -RICS minimum policy wording -6 year run-off minimum -Cover past & present employees -‘claims made’ basis fully retroactive Turnover - minimum level of indemnity £100> - £250k £101-£200 - £500k £201< - £1mil Max uninsured excess Limit of indemnity £500k> 2.5% of sum insured / £10k (whichever’s more) Limit of indemnity >500k < 2.5% of sum insured
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What would you include in free quote?
Terms and conditions Scope of service Exclusions Assumptions
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What is the purpose of the rules of conduct
The five Rules of Conduct support positive change in the built and natural environments, through promoting and enforcing the highest ethical standards in valuation, the development and management of land, real estate, construction and infrastructure.
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What are the rules of conduct
1. Members and firms must be honest, act with integrity and comply with their professional obligations, including obligations to RICS 2. Members and firms must maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise 3. Members and firms must provide goodquality and diligent service 4. Members and firms must treat others with respect and encourage diversity and inclusion 5. Members and firms must act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession
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Client duties under CDM
suitable arrangements for managing a project, including making sure: other dutyholders are appointed as appropriate sufficient time and resources are allocated Make sure: relevant information is prepared and provided to other dutyholders the principal designer and principal contractor carry out their duties welfare facilities are provided DOMESTIC CLIENT(wok done to own home) -can transfer duties to C/PC /PD
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PD duties under CDM
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Duties of PD under CDM
suitable arrangements for managing a project, including making sure: other dutyholders are appointed as appropriate sufficient time and resources are allocated Make sure: relevant information is prepared and provided to other dutyholders the principal designer and principal contractor carry out their duties welfare facilities are provided
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PC duties under CDM?
Plan, manage, monitor and coordinate health and safety in the construction phase of a project. This includes: liaising with the client and principal designer preparing the construction phase plan (PDF) organising cooperation between contractors and coordinating their work Make sure: suitable site inductions are provided reasonable steps are taken to prevent unauthorised access workers are consulted and engaged in securing their health and safety welfare facilities are provided
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When would you use JCT IC ?
The JCT Intermediate Building Contract is designed for construction projects involving all the recognised trades and skills of the industry, where fairly detailed contract provisions are needed, but without complex building service installations or other specialist work. Intermediate Building Contracts are suitable for projects procured via the traditional or conventional method. For features, please click here.
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JCT standard bc
The JCT Standard Building Contract is designed for large or complex construction projects where detailed contract provisions are needed. Standard Building Contracts are suitable for projects procured via the traditional or conventional method. For features, please click here.
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What is cash flow forecasting
A graph or table that shows the projected costs needed to fund the project throughout its programme. It allows the employer to track their actual expenditure against the forecast.
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How would you put together a cash flow
Value work completed v programme. Table or graph
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What if contractors application for mayment was way different to what u forecasted
Higher: front end koading. Possible stockpiling of materials. Cash flow issues possibly Lower: may be behind programme
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RIBA plan of work
Stage 0: Strategic Definition. ... Stage 1: Preparation and Brief. ... Stage 2: Concept Design. ... Stage 3: Spatial Coordination. ... Stage 4: Technical Design. ... Stage 5: Construction. ... Stage 6: Handover. ... Stage 7: Use
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Was it defective? Under what act?
Not all non-standard construction houses are classed as “defective” under Part XVI of the Housing Act 1985. Most of the property types that were classified as defective are precast concrete houses. A couple of in-situ concrete house types (Boswell and Schindler) were also classified as defective.
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What regulations do the building regs come under?
the Building Act 1984 and the Building Regulations 2010. Building regulations set standards for building work that aim to protect the safety, health and welfare of people in and about a building.
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Example of where you’d find blue asbestos?
Blue= crocidolite Most dangerous Ceiling tiles Spray insulation Lagging
100
Examples of where you’d find white asbestos?
Chrysotile Most common type Asbestos cement Roofing felt Vinyl tiles
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Examples of where you’d find amosite?
Often mixes with chrysotile to make it stronger Cement sheets Insulation boards Lagging
102
Does a dilaps always need to be costed
The need to provide costings is part of the process of proving a damages claim. For interim repairs notices or terminal dilapidations schedules issued well in advance of the end of a lease (when it is probable or possible that the tenant will do the work), the intention is not (necessarily) to seek damages. In such cases, costing information is not required, at least not at this time.
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Dilapidations and VAT
Dilapidations payments are currently treated as compensation for damages and so fall outside the scope of VAT. The issue of VAT and dilapidations claims is complex. As no goods or services have been exchanged VAT is not usually payable on a dilapidations settlement (see HM Customs and Excise notice 742, paragraph 10.10). However, VAT can form part of the damages incurre
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What legislation applies to drones
Air navigation order
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Gateways under BSA?
1. Planning. 2. Pre-construction. BSR must be satisfied design meets building regs 3. Completion. Before occupation, BSR must issue a completion cert confirming compliance
107
Hot topic?
AI Hi NCS is developing a new professional standard on the responsible use of AI this new standard focuses on professional conduct rather than the technical aspects of AI. The new standard will focus on the following areas: how AI, technology, and data should be referenced in professional engagements communication and transparency with clients regarding the use of AI considerations around the reliability of AI outputs issues related to privacy, and confidentiality knowledge requirements to use AI responsibly governance and risk management procurement and due diligence.  RICS published an article in march addressing this: professional conduct and the responsible use of AI Surveyors using AI tools to take quantities from 2-D and 3-D models AI is allowing certain types of properties to be valued automatically using automated evaluation models. AI is automating helpdesk and issue management and property management. Generic things like data conversion language translation meeting notes document management How can AI be used responsibly? Professionals have a duty to use AI but also to manage risks to clients public on the reputation.
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What is damp? And what are the main types?
Damp refers to unwanted moisture in a building, usually in walls, floors, or ceilings. It's a common issue in construction and property maintenance, and it can lead to structural damage, mould growth, and health problems if not addressed. Main Types of Damp: Rising Damp Moisture rises from the ground through porous building materials (e.g., bricks). Often due to a failed or missing damp-proof course (DPC). Penetrating Damp Water enters through defects in walls, roofs, or windows (e.g., cracks, poor pointing). Usually caused by external issues like broken gutters or leaks. Condensation Damp Caused by moist air inside the building condensing on cold surfaces. Common in bathrooms, kitchens, and poorly ventilated spaces.
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What measurement do u refer to for a brca
In the reinstatement cost assessment of buildings professional standard, the rics refers to property measurement 2nd edition for measuring office & residential. However Code of Measuring Practice, 6th edition applies to all building classes (except offices and residential buildings.) Currently in the process of updating documents.
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What qualifications did your m&e consultant have
CIBSE
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Upcoming rics guidance
The Royal Institution of Chartered Surveyors (RICS), has today (4 March), launched a public consultation on it’s new ‘Responsible use of AI 1st Edition’ Professional Standard, which aims to provide guidance on the ethical and practical considerations of artificial intelligence in the natural and built environment sectors.
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Hygroscopic salts
Hygroscopic salts in a chimney breast are salts that accumulate within the chimney structure, primarily due to burning solid fuels like coal or wood, and they are capable of absorbing moisture from the air. This moisture absorption can lead to dampness and staining on the chimney breast.
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Focussing on organic
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Two stage tendering
In Two-stage tendering, the tenderer is initially appointed only to carry out some of the works required. They are generally then appointed to carry out the rest of the works in a second stage. Two stage tendering is often used to allow the early appointment of a contractor (or other supplier), prior to the completion of all the tender information that they would require to be able to offer the client a fixed price - ie the design is still being developed. In the first stage therefore, a limited appointment is agreed allowing the contractor to begin work and in the second stage a fixed price is negotiated for the contract.