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1
Q

Three principles of client care

A

Acknowledge. In any situation where there is conflict or a dispute, a great first step is to acknowledge the other person.

Focus on the Individual

Be Authentic and Honest.

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2
Q

How have you applied the principles of Client care in managing the client

A

I have acted open and honestly. I have presented them all the options, one that they would benefit more from and negotiated by stating the that removing the gain share would impact the bottom line.

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3
Q

GDPR

A

General Data Protection Regulation 2018

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4
Q

GDPR Principles

A

Lawfulness, fairness and transparency.

Purpose limitation.

Data minimisation.

Accuracy.

Storage limitation.

Integrity and confidentiality (security)

Accountability.

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5
Q

Elements of a contract

A

Offer, acceptance, legality, consideration, capacity, intention.

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6
Q

Disciplinary proceders RICS impose

A

Fine to expulsion

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7
Q

Money laundry regulations 2017

A

Carry out risk assessment. ID, credit score, country of Client/supplier.

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8
Q

Bribery Act 2010

A

Bribing another person.

Being bribed

Bribing a foreign public official.

Failure by commercial organisation to prevent bribery.

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9
Q

Bribery act penalities

A

company unlimited fine, 10 years in perison

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10
Q

In agreggate

A

Total amount for all claims

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11
Q

Each and every

A

Total amount per claim

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12
Q

Run off cover

A

So a client/customer is not left out of pocket if firm ceases trading.

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13
Q

Professional Indemnity levels

A

Firm’s turnover in the preceding year Minimum limit of indemnity
£100,000 or less - £250,000
£100,001 to £200,000 - £500,000
£200,001 and above -£1,000,00

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13
Q

PI RICS Wording Review

A

RICS reviewing the minimum wording for the policy, looking to build more felexbility into the wording.

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14
Q

Assigned risks pool

A

For RICS regulated firms that cannot obtain PII

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15
Q

Risk, Liability and Insurance, 1st edition - 2021 for firms

A

Must have PPI, as per table. Have T&C that shows how fee calculated, scope of works, and liability cap to reduce risk.

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16
Q

What is a liability cap?

A

A liability cap is a contractual agreement that a client can only claim damages up to the amount
agreed, even if the law would otherwise award a greater sum in damages

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17
Q

Regulated firm

A

Provides survying work to public, 25% of firms principles are RICS members.

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18
Q

Conflicts of interest why bad

A

Must not advise or represent a client if conflict of interest. Keep records

The most important reason for avoiding conflicts of interest is to prevent anything
getting in the way of your duty to advise and represent each client objectively and
independently, without regard to the consequences to another client, any third party, or
your own interests and that the clients and in turn the public can be confident you are
doing so.

Duty to another party, client, firm or self.

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19
Q

Client Money

A

In bank account easily accessible, obtain receipts, duty to keep safe. Used for approate purpose, safeguard money.

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20
Q

Anti money laundring act 2018

A

The Act covers anti-money laundering and terrorist funding. Through further regulations, it allows the British government to make provisions for enabling or facilitating the detection or investigation of money laundering and terrorist financing, or the prevention of either. CAn make sections, ie finacnail sanctions.

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21
Q

Economic Crime (Transparency and Enforcement) Act 2022

A

Aimed at strengthening the UK’s fight against economic crime. The new measures include: a beneficial ownership register for overseas entities holding UK real estate.

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22
Q

Comply with bibery act

A

Undergoing checks on the subcontractors, not bribing anyone. If suspicious inform relevant people

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23
Q

Conflict of interest check

A

Ask to fill out if CoI register. Ask in pre-start meeting.

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24
Bribery & Corruption training
Training goes through what is a bribe and how to report if offered.
25
Acted with integrity
Gainshare or evey time price for TO/CE, open and honey by uploading subcontractor quotation onto cemar. Management Fee
26
Responsibility
Client report - Annual report secruirty breakdown.
27
Respect
I mean what I say. If I'm going to review something for the client like Vmesh, I will review it. Show them the breakdown and get it implemented.
28
Insurances
Alongside PII you'll also need: public liability buildings insurance employer liability cover directors and officer’s cover contents insurance business interruption insurance run off cover
29
Confidental
Keep paper documents lock up, password protected sensitive items. Mark emails restrictive, confidential or sensitive. Nothing send to 3rd party that can be used to identify organisation or person.
30
ISO 9001/9004
Quality management
31
Unrealistic expectation/deadline
SM timescales. EWN time to tender. Cavat that may not be completed in September. Vortex house, saying have to start by this date or not achievable.
32
Effective Communication
clear, concise, concrete, correct, coherent, complete, and courteous.
33
Negotiation
Identify goal, consider what client wants, stresghts and weaknesses. Create value and resolve conflicts.
34
Negotiation styles
compermise, complete, avoid, colaborate, accomedate
35
Negotiation
Rate increase for security, gainshare, pmu, MF, labour rates,
36
H&S Policy
To carry out risk assessment, make sure competant person. Question anything see unsafe. mental health first aiders. responsible for own actions
37
RICS H&S
Survying safetly 2018 - RICS regulations firms have approate H&S policy and provide safe working enviroment. Personal have appropriate training and knowldge. Undertake risk assessment,
38
Safe person concept
RICS considers the concept of a ‘safe person’ to mean that each individual assumes individual behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work.
39
Risk
Likeliehood that a person maybe harmed.
40
Hazard
Protential to harm
41
Control of asbestos regulations 2012
Need to do asebsos survey if doing any maintenance or work on a building.
42
Consturction Desing Management regulations 2015
Explains the roles, Client duty to appoint approte duty holders which correct compenties. PC, health and safety polocieis, preapare consurtcion phase plan. PC produce construction phase plan, ensure design is done correctly. Changes made is explains the roles.
43
CDM when notifiable
Longer than 30 days and more than 20 workers or last more than 500 days
44
Financial statements
Income - shows NP, cash flow - shows where money came from and where spent and balance sheet - shows assets and liabilities
45
Companies Act 2006
States the different companies, and have section that state avoid conflicts of interest.
46
Handling client money
Keep in seprate bank account, use only for client matters when insturcted, have the word client in bank statement title. Client money handerling RICS guidance
47
VAT domestic reverse charge
Puts the VAT emithpis on the buyer not the supplier. The supply is made between a UK VAT registered supplier and UK VAT registered customer. Both supplier and customer are registered for the CIS. Not for end user.
48
ISO 27001
Information secuirty management systems
49
Paris agreement
To stop tempetures rising by 1.5c
50
Climate act 2008
By 2050 to reduce greenhouse gases by 100% of 1990 levels
51
EPC
Energy Performace Cetficiate
52
RICS sustainability report 2022
Contributes to the climate conversation and knowledge sharing
53
ISO 14001
Environmental standard
54
ISO 50001
Energy Management
55
Scope 1
Direct company emmisions ie company vechicals for business purposes
56
Scope 2
Indirect emissions of energy purchases
57
Scope 3
Indirect not owned ie communing
58
Example of working in a team
Client application, all have own role and working together to get the application submitted on time
59
Improving role within team
Did a roles and responsibility chart to clearly define who does what within the team
60
Diversity and inclusion
Diversity describes the variation in personal, physical, and social characteristics that exist, while inclusion refers to the procedures organisations implement to integrate everyone in the workplace. In other words, diversity indicates the "what" and inclusion the "how".
61
Inclusive Employer Quality Mark (IEQM)
A self-assessment tool, designed to help firms in the profession gain competitive advantage and a diverse workforce.
62
Maslows hierarchy of needs
physiological, safety, love and belonging, esteem and self- actualization.
63
Fairness inclusion and respect
We strive to have an inclusive work environment, where all individuals are treated fairly and respectfully, with equity of access to opportunities and resources where everyone can achieve their potential and contribute fully to the business success.
64
Inclusive environment
In an inclusive environment, people of all cultural orientations can: freely express who they are, their own opinions and points of view.
65
Promoting inclusive environment
Member of FIR, we undertake lunch and learns speak at sector days, and meetings to make sure people are aware of the group and what we are trying to achieve.
66
Indirect / direct discrimination
Direct discrimination - treating someone with a protected characteristic less favourably than others. Indirect discrimination - putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage
67
Unconscious bias
This is known as 'unconscious bias' and includes when a person thinks: better of someone because they believe they're alike. less of someone because that person is different to them, for example, they might be of a different race, religion or age.
68
Equality Act 2010
Not to be discriminated by: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
69
Equality Act 2010 - Building Regs
Complying with disabilities, ie doors wide enough, can reach light switches, flat areas.
70
Conflict of interest
An RICS member or regulated firm must not advise or represent a client where doing so would involve a Conflict of Interest or a significant risk of a Conflict of Interest; other than where all of those who are or may be affected have provided their prior Informed Consent. Informed Consent may be sought only where the RICS member or regulated firm is satisfied that proceeding despite a Conflict of Interest is: a in the interests of all of those who are or may be affected and b is not prohibited by law,
71
Examples of good payment practices
Paying on time, paying the correct amount, stating what works done. Follow RICS interim valuations 2015 guidance note
72
The Three Pillars of Dispute Resolution
1 Negotiation; 2 Mediation (or third party intervention); and 3 Adjudication/ Arbitration/ Litigation.
73
Alternative dispute resolution
Alternative dispute resolution (ADR) means settling a complaint out of court with the assistance of an impartial dispute resolution body.
74
Dual Agecy
Acting for a number of parties, refer to conflict of interest
75
Adjudication
Advantages of Adjudication Quick - Adjudication is usually regulated by a strict timetable that ensures decisions are made quickly; the statutory provision within the Housing Grants, Construction and Regeneration Act 1996 states that the adjudicator shall make the decision within 28 days of their appointment. Cost efficient / maintains working relationships - Either party can submit a Notice of Adjudication to commence adjudication proceedings at any time. The strict timescales allow disputes to be resolved as and when they arise, avoiding unnecessary tensions and costs between the parties. Avoid delays - An adjudicator’s decision is binding and must be complied with strictly. Although the decision binds the parties immediately, it is not necessarily final and may be reconsidered by a court or arbitrator at a later date. This has the advantage of ensuring that payment is not held up in the interim. This allows work to continue on site until the matter is finally resolved. In reality, the vast majority of adjudication decisions are never challenged later
76
Housing Grands, construction and regeneration act 1996
Contracts must provide a payment mechanistic, an entitlement to payment by instalments, stage payments or other periodic payments (s109); * an adequate mechanism for determining what payments become due under the contract, and when, along with a final date for payment for any sums which become due (s110); * payment notices (s110A and s110B); * payment of the notified sum including pay less notices (s111); and * a right to suspend for non-payment of a sum that is due(s112). contractions must have form of dispute resolution ie adjudication.
77
Housing Grands construction and regeneration act 2011 updated
Applies to all contracts even if not in writing, dates for payment in contract. PN even if no amount due. Issues Pay less notice if required . Pay when certificate recieved not applicable
78
Procurement and Tendering RICS Guidance
E-Tendering and Tendering strategies
79
Pre-Qualification with P&T
Looks at suitability of a tender.
80
Types of Tendering
Single stage - standard tender issues all completed documents to tenders. Two stage, issues initial documents to tenders, then once deigns confirmed issues again to confirm price and specification. Negotiated, same as single stage but with only one contractor
81
Types of procurement
D&B, Traditional, MC and CM
82
RICS E-tendering
Set's out questions on if using the correct technology and
83
Pre-qualification
Can use template in e-tending guide and is used for companies to state how qualified for the tender. Ie email but potential security issues, not for sealed bids.
84
Find a tender
HV public tenders over £140k
85
Robust tendering techniques
Robust tendering techniques can help to ensure positive tender results through: 1 accountability 2 auditability 3 ensuring everything has been picked up 4 parity 5 helping to reduce claims of corruption; and 6 ensuring that the correct price has been paid for the proposed works.
86
Procurement plan
A procurement plan is a process in which a company decides what they need, who will provide the products, and when orders will be fulfilled.
87
Liquid Damages
A fixed or determined sum agreed by the parties to a contract to be payable on breach by one of the parties
88
Accrual
Charge for works but not yet invoiced
89
Cost reporting
Client report (Shows cost against budget to client)
90
Cost management
Cost management is the process of planning and controlling the costs associated with running a business.
91
CVR
Compares actual cost against forcasted cost
92
Accural Principle
Account for them when accure not when cash flowed.
93
Subcontractor liabilities
Completed but not invoiced by subcontractor
94
95
Change control guidance by RICS
Change control and management 1st edition 2021
96
What are key principles of CC and Management guidance
How to effectly manage changes, JCT vs NEC what QS should do ie, issues change price new change update scope
97
Reconciling a cost
Reconciling a cost is to match actuals against agreed budget. For fast close in December, I submit my CVR to match the forecasted budget and will update with actuals in janurary.
98
RICS for supplier mangement
99
SLA
Service Level agreement use tham for enginerrs going out to repair items. Ie if urgent or not
100
Bemchmarking
Emergency light testing, to make sure client getting value for money. Used PFI contract to compare against their rates
101
What do you use to financially management suppliers
102
Procurement of FM 2020 guidance is for
This is for professional trying to procure FM. Outlines good/bad, have a clear scope and evaluate,
103
Cash Flow
Cash flow is the net cash and cash equivalents transferred in and out of a company.
104
Letter of intent
Express intention to create contract but is not legally binding
105
NEC3 Loss and Expense what is it?
CE
106
Final Account, what is it?
Conlustion of contract sum, including varaitons and Provsional sums
107
Final accounts disaggrment
VBS chase farm, variations not insturcted. Advised them of the correct proceedure, advised SM. Arranged training.
108
3rd party rights in a contract
3rd party could claim if a design fell below standard or good quality materials
109
Types of NEC contract options
A - Priced Activited schedule B - Priced bill of quantities C - Target activities schedule D - Target actitives bill of quanity E- Cost reembursiable contracts
110
Novataion
Replacing a party benefit and burned
111
Assignement
Replaces a party but only the benfit transfers not the burnded
112
RICS Guidnace notes subcontractor what is a subcontracotr
A subcontractor is a contract who agrees to preform some or all of the obligations a main contracor is employed to do
113
What does LADs stand for
Liquidated Assatained damages
114
What are LADS
If the contractor fails to complete the project on time, the contractor is in breach of contract which gives rise to a claim for damages. If a breah the employer would have to prove breach has occured and prove their loss in montaty terms. So instead of proving cost could have a LAD clause incase of this break. Must be a fix amount Must have a start date The cost of the LAD must be a genuie estimate of the loss if not project is not started on that date.
115
LAD advantages
Creates certaincy Stops costly legal fee as do not have to go to court Saves on time
116

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