SOE revision Flashcards
(194 cards)
What is project monitoring
Provides independent professional advice on the risks associated with a project, likely impact and measures available to avoid them. Protects the clients interests by monitoring performance.
Investigator & advisor. Proactive not reactive.
Cardinal square. Why was it important to advise the client to seek legal advice before executing the break clause?
Break clauses are often strictly interpreted, and even small errors (such as incorrect service of notice) can invalidate the break.
Legal review ensures compliance with the lease break terms.
Riverside park v nhs property services limited
Cardinal square. What was meant by ‘give up occupation’ what other types of break are there
the tenant must vacate the premises and leave no other occupiers, including subtenants or individuals sharing the space informally
Best to avoid this by agreeing a dilaps settlement where the ll waives any preconditions.
Give up occupation -
Vacant possession-
Full material compliance -
What must be done to achieve vacant possession
- Free from people, legal interests & chattels
- On break date, LL must be able to use and enjoy occupation
- Tenant must do nothing to interfere
practical terms, this means a tenant must return the keys, ensuring that all their chattels and fixtures are removed where the lease requires and that no people remain in occupation, including security staff, subtenants or unlawful occupiers. The removal of fixtures is the trickiest of these and there is considerable case law that determines what such fixtures comprise and whether they should be removed. The extent to which any particular fixture is annexed to the property is also relevant, and if it can be argued that the fixture has become part of the land then leaving it in situ will not impede vacant possession.
What is a fixture & chttel
Consider degree of annexation.
. A fixture is deemed to form part of the land or building. Eg. Toilet, central heating
chattel retains its independence and can be removed.
How do claims under tort differ from contract claims
Contract law deals with agreements; tort law deals with civil wrongs.
Damages (for financial loss) are generally awarded for both to put the complainant in the position that they would have been if the contract was not breached or the negligent act not committed,
Under contract, the loss must have been in reasonable contemplation when the contract was agreed.
Under tort, the loss must have been reasonably foreseen by both parties at the time when the negligent act occurred.
Why do you include no third party reliance within your terms of engagement
However, a claim under the tort of negligence can be brought by anyone (i.e., a third party) to whom the surveyor owes (or has assumed) a duty of care towards. This is wider than a breach of contract which can only be brought by the contracting party, i.e., the client.
will consider whether the damage suffered was reasonably foreseeable as a result of the defendant’s actions, whether the relationship between the parties was sufficiently proximal and whether it is just, fair and reasonable to impose a duty of care.
This duty of care could arise where a surveyor allows a third party to rely upon their advice. This means that the third party can acquire similar rights to that of a client, but without the protection of the surveyor’s contract and any liability cap.
Limitation periods for tort v contract?
Limitation act. 1980.
Underhand- 6 years (from when member performed service required under contract)
Deed-12 year
Tort- 6 years fom when claimant suffers loss. +3 years from when they knew they could claim.
Long stop period of 15 years.
This is why RICS recommends 15 year run-off
& to retain files
What is needed to form a contract
offer, acceptance, consideration, and an intent to create legal relations
Smethwick. Concept new roof project. Why did you use aJCT MW
What is a latter of intent? When would you use one? What are the risks?
LOI
What did you read in financial issues: seeing the signs
Based on research done after collapse of carillion.
Key signs to look out for when considering insolvency:
-contractor demanding swift payment, early release of retention or any other changes in payment patterns;
-subcontractors contacting your client directly, seeking payment;
-withdrawal of labour, including changes to key individuals on site;
-less frequent deliveries or removal of various goods and materials from site;
-a general slowdown in the progress of the works; and
-increased number of defects.
Careful with valuations.
Consider termination or think of ways to encourage. Consider:
How close are you to end of project?
Is there a performance bond?
How is the project financed. Does the client have a lender that should be involved in the decision making?
Is the contractor in breach of contract. Is it enough to warrant termination
Is a placement contractor available.
What would you do if you dispensed a contractor was in financial difficulty
monitor the contractor’s performance closely, both on site and financially;
consider regular site visits;
keep detailed records;
ensure compliance with payment procedures, so any payments are in line with the work completed and any ‘pay less’ notices are served in time and to the correct address;
keep on top of defective work, consider issuing formal instruction to open up or test materials or goods, or remove defective work; and
check the construction contracts and ask your client about funding arrangements as well.
What is a retention bond and when would you use it?
Retention bonds are way of avoiding problems associated with retention recovery. Amounts that would otherwise have been held as retention are instead paid, with a bond being provided to secure the amount. Similar to retention, the bond’s value will usually reduce after the certification of practical completion.
Can be between an employer and contractor or contractor and sub contractor
What is a performance bond. When would you use it
insuring a client against the risk of a contractor failing to fulfil contractual obligations to the client.
the most common concern relates to a contractor becoming insolvent before completing the contract. Where this occurs the bond provides compensation guaranteed by a third party up to the amount of the performance bond.
Typically 10% contract value
The obligation for the contractor to provide the client with a bond is set out in the tender documents. wise to stipulate that the bond stays in place until the end of the defects liability period
Benefits of using standard forms of contract
It saves time. It minimises transaction cost. It allocates risk in a fair and recognisable way.
Tell me about outcomes from the grenfell fire tragedy& how the industry has made changes to improve building safety
The Hackett review. Introduction of the building safety act.
- BSR for HRB
-gateways. Three stage approval for HRB. Planning,pre-construction,before building is occupied m
-golden thread. creation and maintenance of a digital record of building information throughout its lifecycle, ensuring critical safety information is preserved and accessible.
-duty holders. Client. PD.PC
Other bits:
Complementing the Building Safety Act, the Fire Safety Act 2021 clarifies that the Regulatory Reform (Fire Safety) Order 2005 applies to the structure, external walls, and flat entrance doors in multi-occupied residential buildings. This clarification ensures that fire risk assessments must consider these elements, addressing a significant gap exposed by the Grenfell fire.
What updates have there been to the building regs since grenfell
From 1st December 2022, all highly combustible Aluminium Composite Material cladding of the type involved in the Grenfell Tower Fire will be prohibited outright for use in the external walls of all buildings during building work, irrespective of height
Sprinklers required in all residential buildings 11m+
Wayfinding Signage New blocks of flats over 11 metres tall must now have wayfinding signage visible in low light or smoky conditions.
- Evacuation Alert Systems From December 2022, new residential buildings over 18 metres must have an evacuation alert system to help fire and rescue services inform residents of a change in evacuation strategy.
What are the key goals of the new fire safety regulations
emphasises the importance of clear responsibilities, competence, resident engagement, and the maintenance of safety throughout a building’s lifecycle.
Accountability & safety
Building Safety Act 2022 (BSA) has made a number of amendments to the FSO . What are new roles of RP
All RPs must record their fire risk assessment, and in full (previously only specific information required)
All RPs must record the identity of the individual (their name), and/or if applicable, their organisation
All Responsible Persons must record their fire safety arrangements (demonstrate how fire safety is managed in your premises)
All Responsible Persons must record (and as necessary update) their contact information,
Departing Responsible Persons must share all ‘relevant fire safety information’ with incoming Responsible Persons
provide residents with relevant fire safety information in a format that is easily understood by the residents
New building regs / changes to doc b?
Sprinklers. Needed in buildings 11m, used to be 30.
Waiting signage for fire service. 11m- recommends for identification& flat identification signage
Ban of combustible materials in all external walls of buildings updated from 11m)
Part T - new non-residential buildings, such as restaurants, shopping centres, and offices, must have separate male and female toilets
Passive v active fire stopping
Passive - no activation (electrical, manual, mechanical)
Active- requires activation
Difference between passive and active fire prevention?
Passive Fire Prevention
Focuses on preventing fire spread and minimizing damage.
Involves built-in safety features that don’t require human intervention or activation.
✅ Always in effect, no need for activation
✅ Helps contain fires, reducing spread and damage
✅ Requires minimal maintenance
Cons:
❌ Can be expensive to implement in existing buildings
❌ Doesn’t actively extinguish fires
Active Fire Prevention
Focuses on detecting, suppressing, or extinguishing fires.
Requires activation—either automatically or manually.
✅ Can actively control or put out a fire
✅ Provides early warning and protection
Cons:
❌ Requires regular maintenance and testing
❌ May fail if not properly maintained
Name some passive fire stopping methods and how they work
Name some passive fire protection methods?
-intumescent paint - when exposed to heat it expands and forms a char which insulates &protects the substrate. & the release of water vapour which helps cool the substrate.
-compartentation -
cavity barriers - expands with heat, seals off gaps in cavity during a fire. Rockwool can be used.
fire doors - they’re fitted with intumescent strips which expand with heat and fill the gap between the door and the frame. And closers. fire sleeve - protects wires, cables. fire collar - expands with heat to seal the opening. (Difference: collars expand to seal the opening, sleeves crush the pipe) lighting fire cover -provides barrier above light fitting. Heat makes it expand and char. Aka hood?
Fire batt-High-density mineral wool (rock wool). The mineral wool core resists fire and high temperatures, preventing flames and smoke from passing through the gaps.
Fire windows -designed to withstand high temps. traditional glass shatters with heat, fire windows don’t because they use Intumescent layers which expand
Fire dampers- installed in ductwork to prevent passage of smoke and flames. Close automatically when heat activates a disable link. Smoke dampers respond to smoke detectors