SOE revision Flashcards

(194 cards)

1
Q

What is project monitoring

A

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.

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2
Q

Cardinal square. Why was it important to advise the client to seek legal advice before executing the break clause?

A

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

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3
Q

Cardinal square. What was meant by ‘give up occupation’ what other types of break are there

A

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 -

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4
Q

What must be done to achieve vacant possession

A
  1. Free from people, legal interests & chattels
  2. On break date, LL must be able to use and enjoy occupation
  3. 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.

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5
Q

What is a fixture & chttel

A

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.

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6
Q

How do claims under tort differ from contract claims

A

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.

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7
Q

Why do you include no third party reliance within your terms of engagement

A

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.

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8
Q

Limitation periods for tort v contract?

A

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

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9
Q

What is needed to form a contract

A

offer, acceptance, consideration, and an intent to create legal relations

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10
Q

Smethwick. Concept new roof project. Why did you use aJCT MW

A
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11
Q

What is a latter of intent? When would you use one? What are the risks?

A

LOI

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12
Q

What did you read in financial issues: seeing the signs

A

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.

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13
Q

What would you do if you dispensed a contractor was in financial difficulty

A

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.

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14
Q

What is a retention bond and when would you use it?

A

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

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15
Q

What is a performance bond. When would you use it

A

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

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16
Q

Benefits of using standard forms of contract

A

It saves time. It minimises transaction cost. It allocates risk in a fair and recognisable way.

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17
Q

Tell me about outcomes from the grenfell fire tragedy& how the industry has made changes to improve building safety

A

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.

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18
Q

What updates have there been to the building regs since grenfell

A

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.

  1. 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.
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19
Q

What are the key goals of the new fire safety regulations

A

emphasises the importance of clear responsibilities, competence, resident engagement, and the maintenance of safety throughout a building’s lifecycle.

Accountability & safety

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20
Q

Building Safety Act 2022 (BSA) has made a number of amendments to the FSO . What are new roles of RP

A

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

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21
Q

New building regs / changes to doc b?

A

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

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22
Q

Passive v active fire stopping

A

Passive - no activation (electrical, manual, mechanical)

Active- requires activation

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23
Q

Difference between passive and active fire prevention?

A

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

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24
Q

Name some passive fire stopping methods and how they work

A

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

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25
What’s passive fire protection
prevents fire spread and maintains structural integrity without human intervention. Works by using fire-resistant materials and compartmentation to slow fire progression. Passive systems contain the fire and limit damage. Active systems detect and fight the fire.
26
Tell me about the fire stopping used in regent house and how it works
60 minute fire rated partition- contains glass fibres and additives that slow heat transfer. The fire-resistant plasterboard and insulation reduce the rate at which fire spreads. Metal c studs not possible to build a plasterboard partition without a supporting framework all of these components are vital to the overall fire resistance performance of the partition, therefore the plasterboard cannot be considered on its own in terms of fire resistance. Walls constructed with plaster or gypsum board will not transmit heat in excess of 212 F (the boiling point of water) until all of the gypsum in the board is completely calcined. Heat takes longer to pass through the wall, protecting other compartments.. BS 476-22 (Fire resistance of non-loadbearing elements). Cavity barriers at top of wall- cavity barriers - expands with heat, seals off gaps in cavity during a fire. Sealant around cables and services- which expands in heat. This closes gaps as cables burn away. Allows for Cable Movement: Many sealants remain flexible, accommodating thermal expansion fire batt is a mineral fibre board, coated in a fire resistant, ablative coating. In the event of a fire, the coating forms a char, stopping the board underneath from catching fire and spreading the fire further throughout the building.commonly used in fire compartment walls/floors/ceilings formed for the passage of services.the ablative coating releases water vapour which cools. Fire dampers Fire curtains- the curtain is an impregnated glass cloth, sealed with an intumescent coating that will withstand high temperatures
27
Name some active fire protection methods
Requires activation (mechanical, electrical, or manual intervention.) Name some active fire protection methods? -sprinklers - react with heat. When reaches a certain temp they spray water • fire alarms • Extinguishers
28
Bs9999
BS9999 If you choose to extend travel distances using Bs9999 you have to stick to it. You can’t pick and choose between approved doc and bs What are the maximum travel distances? 18m single direction 45m in two directions This is For an office. It changes depending on building type like residential Under bs9999 20m / 50m Travel distances are measured in the furthest point in a room to the door leading to a protected stairway/final exit
29
What is bs9999
BS 9999:2023 is the British Standard for fire safety in the design, management, and use of buildings. It provides a risk-based approach to fire safety, offering flexible design solutions compared to traditional Approved Document B (ADB) methods. Allows tailored fire protection measures rather than a one-size-fits-all approach.
30
Contract v tort claim
Contract claims and tort claims are both legal actions that can be pursued when a party believes they have suffered loss or damage. Contract: A contract claim arises when one party fails to fulfill their obligations under a legally binding agreement (contract) Liability is based on the contract terms Remedies: Damages(LD/l&e) Specific performance Injunction: stops them A tort claim arises from a civil wrong (negligence) Liability is based on legal duty Remedies: Damages Injunction
31
Control of asbestos regs 2012
Key requirements Reg ulation 4- duty to manage HSE has two ACOPS: one to do with management one to do with work with
32
What to do before accepting an instruction?
1. Are you qualified 2. Are you competent 3. Do the services we offer meet the clients needs 4. Are there any conflict of interests don’t want to accept? Explain why, suggest other firm if appropriate
33
What would you include in terms of engagement?
Written record of agreement to avoid later misunderstandings. Scope and nature of the service. Any limitations sets out the the essential matters which constitute the dominants instructions. -how clients data will be used -what sure diligence you will undertake -what you won’t check and assumptions you’ll make -consider limitations to liability -timescales and cost Services not included Payment terms (when to pay)
34
CDM
CDM aims to improve health and safety in the industry Cutyholders: Client Principal designer Principal contractor Designer Contractor. Client responsibilities: appoint pd/pc. In writing. Provide pre-construction info PD Oversees pre-construction phase Must have skills, knowledge, experience to forfil role safely Identify&eliminate risks Ensure designers carry out their duties Liais w pc PD Cpp Plan, manage, monitor construction phase Take necessary steps to prevent access to the construction site by unauthorised persons. Provide welfare and sanitary facilities such as toilets, washing facilities, drinking water, changing rooms and rest stations before work begins. Liaise with the principal designer I
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What did you learn when you read the RICS document: Gathering Site Information
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40
What rule of measurement would you use for a BRCA
Code of measuring practice 6th edition guidance note Designed to provide accurate measurements of buildings and land Consider accuracy required - what is the purpose of the measurement, what is being measured?
41
You say you’re up to date with legislation, please give me some recent examples?
Future homes standard. In 2025, all new homes must comply . It aims to decarbonise new homes by improving heating, hot water systems and reducing heat waste. Gtriple glazing, insulation, heat pumps Part F+L updated in 2023 as an interim step so construction industry is better placed to meet FHS Part T. Came into effect October 2024 must provide single sex toilets. Universal toilets can’t share hand basins.
42
What are the key requirements under CAR 2012
Dutyholder- identify and manage asbestos in a building If asbestos is in a poor condition = removed
43
How do you notify works with asbestos
Licensed, notifiable work: ASB5 form 14 days before Shops, offices - LA FAfactories, demolition, hospitals- HSE NNL same but not 14 days
44
What is the difference between NL, NNLW and NLW
It’s based on risk. CAR describes Non licensed non notifiable Sporadic and low intensity. Won’t exceed control limit 0.1 ASBESTOS FIBRES PER CUBIC CM OF AIR (over 4 hours). Removal, short maintenance task, ACMs are in good condition/ encapsulated. Eg. Cleaning up fine debris. Drilling textured coating. Encapsulation of asbestos in food condition NNLW Minor, short duration work Maintenance, removal, encapsulation, collection for analysis / samples. Is it friable? How well bonded to the matrix Examples: large scale removal of textured coating. -not sporadic and low intensity, risk assessment can’t say that’s control limit won’t be exceeded. Any work on asbestos coating Eg. Removing spray coatings, any work with loose fill insulation Notifiable, licensed where the exposure of workers to asbestos is not sporadic and of low intensity the risk assessment cannot clearly demonstrate that the control limit will not be exceeded work on asbestos coating work on asbestos insulating board or asbestos insulation for which the risk assessment demonstrates it is not short duration work, for example: it will take no more than 2 hours in any 7-day period, and no person works for more than 1 hour in that 2-hour period
45
What is the pre action protocol & name a case relating to it
TP under the civil procedure rules. Early exchange of full information consider alternative dispute resolution try to resolve their dispute without the need for proceedings. LL should serve schedule within a reasonable time (56 days) encourages both parties to meet before the tenant responds to QD. Or within 28 days of the response being sent to the landlord Under tp items likely to be superseded should not be included. COURTWELL V GREENCORE dilapidations were settled shortly before going to to court. LL applied for litigation costs to be covered by T. But judge was highlight critical of LL they did not comply with TP& lack of cooperation. The LL lost a very valuable advantage.
46
Part. 36 offer
The general effect of either party making a Part 36 offer is that if it is accepted within 21 days (as well as settling the case) the claimant will have the certainty of having some legal costs paid by the defendant. If either party makes a Part 36 offer and the recipient does not accept it, but then at trial does not ‘beat’ the Part 36 offer, they will be ordered to pay additional legal costs (sometimes interest too) on a punitive basis. The problem with Part 36 offers is that they are inflexible. For example, an automatic consequence of a defendant making a Part 36 offer (which in dilapidations claims usually means the tenant) is that it is committing to meet the legal costs of the claimant landlord up to the date the landlord accepts the offer.
47
What type of contract was used on Smethwick new roof project and why
48
How do you follow the protocol
Include a QD (breakdown of costs) Serve / respond within a reasonable time (56 days) ADR (before resorting to litigation parties should negotiate, mediation)
49
What do you consider in a BRCA
-Demolition & site clearance -Professional fees (architects, engineers, surveyors, etc.) -Labour and materials - external works -GIA -construction type -regional factor -listed building? -current uk building regs Reporting Format (RICS Best Practice) Clearly state the assumptions and exclusions in the report. Include a detailed breakdown of how the reinstatement cost is calculated. Reference BCIS data or other cost sources used.
50
How often should you complete a BRCA?
RICS recommends reassessing every 3 years or sooner if: There are significant market changes in construction costs. The building undergoes alterations or extensions.
51
Why did you use an approved inspector
1. Faster service and flexibility. Generally considered more efficient and responsive. BCOs may have longer respond times. Workload) 2. Competition. You can choose who you work with However… LA can issue enforcement notices & some re free r to e involved if it’s a conservation area
52
What contract did you use on regent house and why
I used JCT MW with contractors design Straightforward scope Contractors
53
When do/ don’t you need LBC? Why didn’t you need T with regent house?
Didn’t affect architectural or historical interest.
54
What do you consider before undertaking an inspection
1. Am I competent? Consider the scope of service 2. Am I insured (fir example, our PI insurance does not include asbestos surveys 3. Formal appointment has been agreed & signed. Including limitations (pole camera?) 4. Complete a risk assessment 5. Ensure I know what survey is being provided and why Request documentation, floor plans, access arrangements,
55
How do you complete an inspection on site
I’d usually go around the building externally and internally to get my bearings and understand the buildihangs age, construction etc. External first then internal. Top down However, I’ve been on some sites where there have been access limitations: eg. GP surgery where I had to work around appointments and sites where some areas are escorted so I need to work round that too. I’ll ask if there are any requirements.
56
What is the RICS safe person concept
Each person is responsive for their own, colleagues& others H&S. Goal= to minimise risk of harm. There are organisational and individual responsibilities. Organisational: training, equipment, supervision, or Individual: Adaptability, viglilance, awareness(of your limitations), teamwork
57
What’s in your risk assessment
Identify hazards Decide who may be harmed and how Evaluate risks and decide on precautions Record findings and implement Review and update Advise all those affected of the outcome of the assessment and methods of work, or other control measures necessary, to minimise or eliminate risk You will then need to dynamically assess risk on site. This is because the situation on the day may change so you need to ensure that you continue to assess potential risks prior and during your time on site.
58
How do u keep yourself safe on site
Take a charged mobile and personal alarm Plan an escape route Implement a call back system with office (e.g. a safe word) Make your daily schedule available to colleagues Be careful in roof voids and when using ladders Park your car close by and keep your keys on you Make sure you know who you are meeting Follow your gut instinct Understand the site rules for construction sites Be aware of aggressive occupants and dogs
59
What is LSH lone working policy
All site visits must be put in calendar. Always have a charged mobile. At the beginning of each working day you say if you’re on site & when. You call / email when you’re done on site. If no one hears, they call you. No one’s heard? Escalate.
60
Tell me about your pre site risk assessment for whetstone dilapidations assessment.
61
What is RAAC
RAAC is a reinforced form of lightweight concrete. 1950-1980s - UK It has no course aggregate unlike normal concrete. It has a chemical reaction which causes hydrogen bubbles & it increases in volume. Then, it’s cured in an autoclave (high temp for 8-15 hours) The concrete doesn’t bond to the reinforcement and it’s therefore bent into hooks / welded cross bars Used because it was cheaper and quicker to install
62
What are the issues withRAAC?
Can collapse with little to no warning. 1. The bubbles allow water to enter which can rust and weaken the reinforcement. 2. Planks sag and bend. 20mm dip= significant 3. Poor design- steel reinforcement does not extend far enough to hold the weight of the panel 4. May be weekend if structural load changed (covered with a heavier material) This is why it’s oven covered with another material(bitumen). But this can degrade too!!) It has a reported lifespan of 30 years, however this can vary massively dependant on maintenance & the design and installation. cutting the reinforcement bars on-site, can dramatically reduce the end bearing capacity of the planks. If the building is well maintained and there haven’t been different load weights, it could be ok. Later RAAC planks are known to use galvanised steel or stainless steel reinforcing bars, and are of less concern provided the roof is kept watertight.
63
How do youidentify RAAC
usually light grey or off-white in colour easily broken or damaged with hand tools or sharp implements. No aggregate rectangular in cross-section with chamfered edges - V-shaped grooves Typically, planks vary in width from 300mm to 750mm, and spans up to 6m are not unknown. A thickness of 100-250mm is common. Usually used in roof decks, sometimes floors/walls. IF COMPELTING AN INSPECTION: Construction records. Trade names such as Sipporex, Durox, Celcon or Thermalite. Age of building
64
What would you do if you found RAAC
On discovering RAAC, it is important to guide the client or owner as to proportionate action without being alarmist. In assessing the risk, the use of the building will need to be considered, because planks in an occupied classroom would for example present a higher risk than any in an unoccupied store. The results of the condition assessment will inform a management plan, as well as helping to determine whether replacement needs to be considered and when. If the roof deck appears to be in good order but the covering needs to be replaced, consider the potential increase in load during the work, likewise any increase resulting from use of heavier materials. Measures such as removing chippings may need to be considered in order to reduce dead loads, as may the provision of span breakers. In certain circumstances, a more detailed examination of the planks may be necessary. Check whether any have deflected to a larger extent than others – a 20mm difference between adjacent planks would, for example, be significant. Also look for signs of previous water ingress and check the reinforcement for corrosion. The position of transverse reinforcement can be identified by a cover meter, an electromagnetic device that measures changes in voltage arising from responses to applied magnetic fields. The location of tension reinforcement should be checked, too, to see that it extends to the ends of the planks. Such reinforcement must be present around intermediate supports because sagging can occur due to thermal effects, and the presence of shear reinforcement should also be checked. Laboratory analysis of samples will confirm the composition of the planks as well as the degree of carbonation, as the latter can result in degradation such as cracking in the microstructure of the RAAC. If the analysis and risk assessment find that the planks can be retained, it will be important to monitor the situation carefully for signs of deterioration in future. Whereas BRE used to advise that the material would show signs of failure over a period of time, the sudden failure reported by SCOSS suggests that surveyors may need to be more alert.
65
What is stramit
Stramit (from the Latin for straw – stramen) is the trade name for compressed strawboards. process of heat and pressure that fuses the straw. introduced to the UK in 1945 affordable easy to manufacture and install, and had good thermal properties (at that time). Strawboard can be found in: walls ceilings floor decks and roof decks. It was used for flat roofs as it combined the requirements of a structural deck with the added benefits of simultaneously providing thermal and sound performances.
66
Tell me about stramit flat roofs
A typical flat-roof construction would consist of Stramit board on roof joists, covered with bitumen felt or asphalt with the top surface covered in stone chippings. Boards intended for flat roofing were usually coated with a building paper to withstand the effects of showers for a limited period until fully water-proofed. Some flat roofing boards were additionally manufactured with a single layer of bitumen felt to the upper surface, ready to receive the following water-proofing felt or asphalt. In some cases, asbestos was added to the paper binding around the strawboards. Therefore, before any intrusive investigations or works, it should be first tested for the presence of asbestos (see Asbestos for more information).
67
What are the issues with strami, why did you highlight it to your client?
Stramit boards in flat roofs are classed as deleterious materials because they lose their structural capacity after becoming wet. Interstitial condensation leaks through flat roofs causing the paper to deteriorate and the resins to break down. This deterioration is not reversible. Where Stramit has been identified in flat roofs and leaks are known, absolute caution should be adopted; that is, not walking on the roof or loading the roof with services. Strawboard is designated as ‘fragile’ in the Health and Safety Executive’s HSG33 publication HSE Health and safety in roof work. This document describes strawboard becoming even more fragile when subject to penetrating damp and significant levels of internally generated condensation.
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How would you replace stramit
Do not over-line Stramit with a new structural deck. The retention of wet Stramit will release moisture into the new deck and/or ceiling void; this poses the risk of parts of the deck collapsing into the rooms below. New replacement roof membranes and decks need to be carefully considered at design stage to assess: structural loadings on the existing structure load spans thermal and acoustic performance (with due regard to Building Regulations (see Building control for more information)) interface with abutments, services and ceiling finishes, and draining of the roof surface (with ideally new flat roof gradients achieving 1:60). Removing Stramit is extremely disruptive and messy. The interior of the building will be exposed to the elements by the removal of the waterproof covering and deck, and straw debris will be unavoidable (e.g. in ceiling voids and on floors). Safety crash barriers below ceilings will be required, as will assessments on whether ceilings can be safely retained. Inevitably, services will have been fixed to the Stramit deck which will need to be safely disconnected and re-fixed to the new deck. Take care, as asbestos containing materials may also be present in the roof/ceiling void; the appropriate intrusive asbestos survey should be undertaken.
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What are British standards and Name some?
You can look T the BSI online. promote good practice and improve quality in the construction industry, covering various standards in construction, including (but not limited to) materials, processes, and testing methods. BS 5839-1: Fire detection and fire alarm system for buildings. Code of practice for design, installation and commissioning and maintenance of systems in non-domestic premises BS 9999: Code of practice for fire safety in the design, management and use of buildings
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How do you consider the whole lifecycle of a building when designing
I consider the lifespan, maintenance ( eg a safe) and end of life ( recycling)
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When would you issue an EOT
the contract administrator accepts that the delay was caused by a relevant event, then they may grant an extension of time and the completion date is adjusted. Relevant events that might allow an extension of time may include: Variations instructed by the contract administrator on behalf of the client. Exceptionally adverse weather. Civil commotion or terrorism. Failure of the client or their consultants to provide information. Delay on the part of a nominated sub-contractor. Statutory undertaker’s work. A delay in giving the contractor possession of the site. Force majeure (such as an epidemic or an 'act of God'). Claims should be judged against the actual progress of the works, not the programme, and must demonstrate the link between the breach (cause) and the delay. The contract administrator may review extensions of time after practical completion and further adjust the completion date. Claims for extension of time can run alongside claims for loss and expense (relevant matters) however, one need not necessarily lead to the other.
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What happens when you issue an EOT
That is the new completion date. Any LDs will reset to this new date
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How would you determine if an EOT should be issued
Check the contract terms. Is it a relevant event? Claims should be judged against the actual progress of the works, not the programme, and must demonstrate the link between the breach (cause) and the delay. The contract administrator may review extensions of time after practical completion and further adjust the completion date. Claims for extension of time can run alongside claims for loss and expense (relevant matters) however, one need not necessarily lead to the other.
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What happens at PC
Releasing half of the retention (an amount retained from payments due to the contractor to ensure they complete the works). Ending the contractor's liability for liquidated damages (damages that become payable to the client in the event that there is a breach of contract by the contractor - generally by failing to complete the works by the completion date). Signifying the beginning of the defects liability period. Once the certificate of practical completion has been issued, the client takes possession of the works for occupation.
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What do you do when you undertake a interim valuation
Interim valuation are based on the value of the whole works completed so far, minus that previously certified. Check measured works against on-site inspections. Ensure the claimed quantities align with actual progress. Look for overclaims or duplication of work already paid in previous valuations. standards. Identify defective work that may need rectification before payment. Verify that the contractor has properly stored materials (secure, insured, and identifiable). Confirm materials are needed for upcoming work (not excessive stockpiling).
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What did you learn by reading ‘’why professionals should be wary of practical completion?
cessation of any further liability for delay damages, whether liquidated or unliquidated risk of loss or damage to the works passing to the client, terminating any further requirement for the contractor to insure and secure the works the last milestone payment obligations under third-party agreements, such as funding arrangements, bonds, guarantees, leases, sale agreements and so on the contract administrator may not instruct the contractor to carry out variations after practical completion. Case law- court of appeal Mears Ltd v Costplan Services (South East) Ltd and others [2019] Mears ( tenant) alleged flats were smaller than specified in the contract. However, rooms had been built and works were complete. Despite the complaint, costplan still issued PC. Mears sued& daughter injunction to stop issuing PC. judge initially disagreed, later appeals saus the same but helpfully the Court of Appeal reviewed the case law applicable to practical completion and summarised it as follows. PC is easier to recognise than define Latent defects can’t prevent PC Practically works must be free from patent defects other than those considered ‘trifling’ Trifling- consider if client can use building as intended
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What r the payment terms on jct mw
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Regent house. Why do contract instructions need to be in writing?
Construction contracts commonly require that variation claims be supported by a written instruction from the employer or its agent. These requirements are designed to prevent unauthorised claims for additional payment and to avoid arguments over whether, and to what extent, additional work has been requested orally.
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What is concrete carbonation
Concrete has a natural ph around 12. Tho helps form a protective passive film around steel. Carbon dioxide reacts with concrete to reduce the natural alkalinity. Passive layer neutralised. Carbonation can progress. Large areas affected at once. Corrosion= expands. Cracks & spalls. (So it’s more obvious than chloride corrosion) Depth of carbonation= carbonation front
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What is an asbestos management plan
Under CAR there is a duty to manage asbestos in buildings. This is done through an asbestos management plan. It sets out arrangements to manage the risk of ACMS. It includes an asbestos register. Includes: Who is responsible Control measures to ensure ACM not disturbed How you share with workers/ contractors Emergency procedures Working document, should be monitored continually so it’s up to date. So: if there are any management changes, if ACMs have been disturbed, etc.
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Flat roofs
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What is calcium chloride induced corrosion / chloride attack? When was it common? How would you repair?
Chlorides are used as an accelerator around 50-60s. They can also be introduced by driving salts Chlorides attack the passive layer. Causes localised ‘pitting’ corrosion. The concrete might look fine!!! Reinforcement may still be corroding V hard to repair. - sacrificial zinc anodes in patch repair - Catholic protection (increase negative potential to reduce corrosion rate)
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What is HAC
Popular 50-60s. Baned 70s Thought to resist chemical attack, fast curing. Goes through a crystalline rearrangement ‘conversion’ Converted HAC is vulenerable to chemical attack Looks choccy brown& friable. White powdery deposits= highly converted v bad. Loss of strength.
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What is alkali silica reaction
Critical silica (from the aggregate + Moisture + High alkalinity (from cement) =GEL GEL EXPANDS: map cracking and pop-outs (acne) STRUCTURAL FAILURE. Significant repair works/ demolish Most aggregate in uk is normal alkalinity. (Chemical tests to check)
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Types of damp
Rising Pebetraton Condensation- Condensation is caused when a building's fabric falls below the thermal dew point, typically on external walls. The thermal dew point is the temperature at which the the air will start to form on relatively cold building materials. The key to managing condensation inside a building is to keep the building’s fabric above the thermal dew point. Flood
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What is lath and plaster
early-18th until the early-to-mid-20th century narrow strips of wood (laths) which are nailed horizontally across the wall studs or ceiling joists and then coated in lime based plaster. Hair added to assist with binding. 3 layers and have to wait for each to set. It doesn’t handle damp well.
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What is spalled brickwork
'Spalling' refers to the breakdown of bricks such as cracking, peeling, crumbling or chipping, which eventually lead to the surface of bricks breaking away from the main body. caused by exposure to the freezing and thawing of water. When this process occurs over and over again it puts excessive pressure on masonry, causing it to crack and eventually spall. also be caused by improperly installed mortar, exposure to salt, high-pressure power washing, inadequate insulation in the structure, and masonry sealants that don't allow the porous How to fix: first identify cause and fix that. Install appropriate drainage Replace isolated bricks
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What’s the issue with an unsupported chimney stack& what do you do
All the weight of the chimney is unsupported creating a potentially dangerous situation for structural instability (and the occupier). The retained structure should either be completely removed or alternatively, and more sensibly/cheaply, supported from the underside with a reinforced concrete lintel, RSJ or similar. You brace the stack with acroprops while you remove the chimney breast below. Gallows bracket
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Common industrial defects?
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What is cut edge corrosion
when the cut edge of a metal sheet is exposed to the elements and begins to corrode over time.
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What are limitations periods under the limitation act 1980
Time limits for bringing actions Contract: 6 years to bring a claim. Deed= 12 years Tort: 6 years+ 3 years from when you had knowledge of the issue. BSA:
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What is non-standard construction.
Following ww2 there was a shortage of housing so quicker innovative covstruction methods were addopted These were non-traditional because they don’t use brick, block Minimal imported materials. Unskilled labour. Cheaper Defective under the housing act 1985? No. But! This doesn’t mean they’re free from defects! Non standard construction is usually prone to more defects so mortgage lenders are wary of lending. -poor thermal performance
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What is the housing act 1984?
Government scheme to help owners who brought’designated defective’ housing from the LA.
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Tell me about the non-trad you inspected
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On burton on Trent McDonald’s ppm- what caused the cracking seen to the covering?
I noted cracks and splits which is likely from sun exposure. Felt roofs, especially on flat roofs, are exposed to the sun’s ultraviolet (UV) rays for extended periods. UV radiation can cause the felt to become brittle and crack over time. This is particularly common on older roofs where the felt has not been treated with a protective coating. As the felt breaks down, water can penetrate the roof, leading to leaks and moisture damage within the structure.
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Name some other common issues with flat roofs?
Ponding Water Flat roofs, in particular, are susceptible to the problem of ponding water. This occurs when water doesn’t drain away properly, leading to pools of standing water on the surface. Over time, the weight of the water can cause the roof to sag and put additional strain on the felt material, increasing the likelihood of leaks and structural damage.
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What should the pitch of a flat roof be
Designed 1:40 to achieve 1:80
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What could you use to test a flat roof covering
Thermographic imaging can highlight areas of moisture to help pinpoint location of a leak
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Types of flat roof deck
Metal deck (shuttering) Timber boarded Block and beam Wood wool
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What is the RICS whole life carbon assessment
Estimation of the quantity of all carbon emissions expected to be emitted over the entire life cycle of a built asset through 4 modules A: construction.(incl. demo and site prep) B: use repair, maintenance C: end of life- anticipated emission over demo& disposal D:recovery of materials
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What’s a recent eu/uk targets relating to sustainability
UN Sustainable development goals. RICS is connected to following this. 17 goals "peace and prosperity for people and the planet" RICS document: Implementing the UN Sustainable Development Goals o poverty (SDG 1), Zero hunger (SDG 2), Good health and well-being (SDG 3), Quality education (SDG 4), Gender equality (SDG 5), Clean water and sanitation (SDG 6), Affordable and clean energy (SDG 7), Decent work and economic growth (SDG 8)
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When do you need an EPC
Build, ell or lease Sale / let= within 7 days of marketing all private rental properties a building under construction is finished New heating system ENERGY PERFORMANCEOF BUIKDING REGS
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Exemptions for EPCs
Must register in private rented sector exemptions register ‘7 year payback’ exemption All improvements made’ exemption Material devaluation <5% drop Wall insulation- but professional says it’s bad for the building
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EPC requirements
Since 1 April 2018, landlords of non-domestic rented properties have only been permitted to grant a new tenancy, or to extend or renew an existing tenancy, if their property has at least an Energy Performance Certificate (EPC) E rating, unless they have registered a valid exemption. From 1 April 2023, the requirement for non-domestic landlords to obtain at least an EPC E rating, unless they have registered a valid exemption, applies to all privately rented non-domestic properties (even where there has been no change in tenancy). The MEES are set to tighten further, requiring a minimum EPC requirement of B by 2030 (and an interim milestone of EPC C by 2027)
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What goes into a BREEAM rating. What’re the classifications
used to masterplan projects, infrastructure and buildings. BREEAM is used to specify and measure the sustainability performance of buildings, ensuring that projects meet sustainability goals and continue to perform optimally over time. BREEAM assessment categories: Management Water Energy Transport Health & wellbeing Resources Resilience Land use & ecology Pollution Materials Waste Innovation Outstanding, excellent, v good good, pass In use also has: acceptable,
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BRE Green building specification
The Green Guide presents information on the environmental impacts of building elements and specifications by ranking them on an A+ to E rating scale. These environmental rankings are based on life cycle assessments(LCA),
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Describe a cold deck roof
Bottom to top Plasterboard 1. Vapour control layer 2. Insulation& timber joists 3. Air gap for ventilation 4. Timber deck 5. Waterproof layer
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Describe a warm deck flat roof
Plasterboard Ceiling joists Plywood decking Vapour control layer Insulation Plywood Waterproofing
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Differences between warm and cold deck
Thermal performance: warm better Cost: cold cheaper Ease of installation: warmer easier Support padestrains: not possible with warm. However, there are options to make a warm roof suitable for foot traffic. This includes decking laid above the insulation and a harder roof covering.
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Inverted roof
Upside down warm roof Waterproofing is below insulation
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Tell me about Laing easiform houses: 1. How are they constructed 2. What are the possible issues
Different variations but generally they are cast concrete. Finished render externally. Similar to a traditional construction in the sense that the internal walls take the load to the foundations Not defective under Housing Act 1985 2. problems if the concrete cover is insufficient Some wall tie failure can occur as the ties were of steel, this can be more severe if the cavity is insulated as this can allow dampness to develop around the ties and encourage rusting. Poor thermal performance. Asbestos
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What is nail fatigue and why did you suspect it?
Nails rust through which means tiles start to fall The age of the property would suggest that galvanised nails weren’t used
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What is cut edge corrosion. What are the issues with it
for steel sheeting to be coated with a very thin plastic layer to give protection against corrosion. However, this coating may be compromised when the material is cut to size, as the freshly cut edge will have no coating and is exposed and vulnerable to corrosion caused by weathering Over time this corrosion can cause the protective coating to de-laminate from the underlying metal and begins to peel back from the sheet edge. This in turn exposes more of the metal to the effects of weathering, further exacerbating the problem. This in turn exposes more of the metal to the effects of weathering, further exacerbating the problem. Early detection and treatment is vital. If left untreated, the damage will get worse and a replacement roof is needed
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What is the treatment of cut edge corrosion
any loose coating is removed from the affected area with a wire brush apply sealant (mastic) which forms a fillet to the lap joint followed by the basecoat which is brushed / rollered on. Then over-coated with the final topcoat,
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What causes corrosion
When metal is exposed to oxygen & moisture they form metal oxides. Oxides expand. Carbonation happens when a metal continues to oxidise
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Tell me about the materials you specified for bic 1
Standing seam klaxon aluminium ‘foldable’ roof Double standing seam natural oxide skin on aluminium that provides an ever-present barrier to atmosphere attack. Kalzip alloy aluminium= ‘clads’ the material with a sacrificial layer of aluminium zinc alloy welded together… so if there is any drilled holes, cut edges, the ‘cladding’ protects the outer base metal. This extends life expectancy. This behaviour of aluminium is in complete contrast to mild steel
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Standing seam v screw down panel?
Standing: - easy to install -no penetration into roof structure for fastening= better weather and wind resistance - allows natural expanding/contracting. Screw down widens holes - Screw down: -have to replace /treatbolts if corroded
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What were he building regulations to consider when re-roofing When do you need planning
Building regs required if replacing 50% or more of a roof covering. Like for like roof covering - planning permission not required. But if you want to change the type of materials, or raise the profile of the roof, a planning application may need to be made. If you use a roofer registered with National Federation of Roofing Contractor’s ‘competent roofer scheme’ they can self certify. Part L: Upgrade of thermal insulation will be required if changing 50% or more of roof covering Part A: structure. If changing roof covering
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Why do you need third party certification for fire stopping
Third-party certification is an independent validation process where fire stopping products and installations are tested, inspected, and certified by an accredited body. This certification ensures that the products and systems used for fire protection meet specific safety standards. Importantly, it offers a level of confidence that goes beyond manufacturers' claims. Part B states thatindependent schemes for certification / accreditation of installers. Building control accepts this as compliance with the relevant standard. Also doc 7 work must be carried out in a workmanlike manner using appropriate materials how are Third Party Certification serves as a consumer protection scheme that allows companies to prove their competence. The on-going certification process involves an annual independent audit by a UKAS-accredited certification body who verifies that the company meets specific British Standards and best practices The Building Regulations, Approved Document B states the following with regards to accreditation of installers:- ” Third party accreditation of installers of systems, materials, products or structures provide a means of ensuring that installations have been conducted by knowledgeable contractors to appropriate standards, thereby increasing reliability of the anticipated performance in fire” 0.15 Third party accredited product conformity certification schemes not only provide a means of identifying…products…which have demonstrated that they have the requisite performance in fire, but additionally provide confidence that the…products…actually supplied are provided to the same specification or design as that tested/assessed” 0.15 -
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What are the fire stopping requirements for fire barriers / what is used / how is it installed
-fire stopping elements such as sealers, dampers need to provide the same level of fire stopping -compartment walls should stop approximately 25mm below the top of the adjacent roof framing, and a soft fire-stopping material should be used to allow for movement in roof timbers and prevent ‘hogging’ of the tiles. FIRAS-accredited installer By using a company that has achieved third-party certification for installation, such as Warringtonfire’s FIRAS scheme, it can be viewed as an effective means of providing assurances to stakeholders that the PFP products installed in their building are capable of providing the necessary level of fire protection, in the event of a fire within their building, protecting the means of escape and limiting damage to the building and contents.
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building safety ac objectives& name some
The Building Safety Act includes the following key elements: A more onerous safety regime accompanied by new obligations which must be met throughout a building’s lifecycle, including its delivery, design, construction and operational phases. The introduction of a new Building Safety Regulator, along with revision of the training and competency standards. A framework of measures designed to deal with breaches, including fines and prison sentences. Financial levies on developers to fund remediation. The period for making claims for safety-related defects has been extended to 30 years for claims arising before 28 June 2022, and to 15 years for claims arising from now on.
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What starts a fire
Fuel is a flammable material that begins the process of combustion. When fuel is heated past its flash point, it enters the gas phase and releases vapour pressure that can ignite in air and support combustion. Oxygen supports burning due to oxidation. This is when gases released by fuel heat up, break apart and recombine with oxygen, resulting in burning. Heat energy is produced during combustion due to the reaction being exothermic. Since these reactions are ongoing, combustion releases enough heat to make the fire self-perpetuating.
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How is fire barrier protected
Sealing services- fire-rated sealant. designed to withstand, or expand and fill the gaps in the event of a fire, creating a barrier that restricts the spread of fire and smoke Types: intumescent = expands Ablative= form a char that assists in preventing the passage of fire -fire batts = high density mineral fibre board(rock-wool). Coated its insumescent costing At standard temperatures, it remains flexible, enabling thermal and mechanical movement of penetrating services. by releasing water vapor when exposed to fire, which cools the surface and prevents the spread of fire and smoke, acting as an insulated barrier to protect adjacent components -fire dampers- permit flow of are when open. automatically closing to seal off ductwork and prevent the spread of fire, heat, and smoke through HVAC systems when a rise in temperature or smoke is detected, usually triggered by a thermal element like a fusible link or a signal from a fire alarm system
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Block 55 so you’re going to over clad again
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What does over cladding an asbestos roof entail
Over-cladding an asbestos roof involves installing a new layer of roofing material (like metal sheeting) over the existing asbestos roof, often with insulation, to encapsulate the asbestos and provide a new, weather-resistant surface framework or grid is installed over the asbestos roof to provide a structure for the new cladding to be attached to Insulation is installed within the framework, between the asbestos roof and the new cladding, to improve the roof's thermal efficiency and prevent condensation. New metal sheeting or other suitable cladding materials are then fixed to the framework, creating a new, weatherproof roof surface
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What frame did block 55 have
Portal frame Lattice truss
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What is peel and stick pv
It has a self-adhesive backing, different o a bolt on system System bame: Flextron It’s called building integrated photovoltaics which intergrate solar cells onto materials that make up the building envolope itself rather than bolt on Different to bolt on solar panels: uses a new technology which utilises copper so its thin and flexible. Compared to bolt on which are chrystaline based: thicker and heavier. No need to consider wind uplift Installation 1. Clean the roof 2. Use an ‘activator’ which primes the roof ready for solar 3. Remove sticky plastic from back and roll out
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How do solar panels work
converting energy from the sun into power. Solar panels are usually made from a semiconductor material. When this material is exposed to photons of sunlight it releases electrons and produces an electric charge. This PV charge creates an electric current (specifically, direct current or DC), which is captured by the wiring in solar panels. This DC electricity is then converted to alternating current (AC) by an inverter. AC is the type of electrical current used when you plug appliances into normal wall sockets.
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Categories of fire alarm
M- manual L1 - maximum life L2- additional life High risk rooms, escape routes, L3- standard. Along all escape routes. Don’t need alarms next to high risk ignition sources L4- modest L5- localised P - property (Usually in operationally critical area) LD- residential
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Requirements for smoke detection in roof void
these void spaces are greater than 800mm in depth, void detection should be provided recommended that smoke alarms are not installed lower than 600mm from the apex of the roof, ideally 300m from any window, ventilation, beam, or other obstruction Smoke detectors offer a coverage radius of 7.5m. Smoke everywhere, heat kitchen L3 typically found in offices
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Plastic or rubber?
Rubber roofs are known for their affordability, yet they may demand more maintenance over time. On the other hand, PVC roofing systems stand out with their exceptional ultraviolet protection, durability, and moisture resistance. If you will have heavy foot traffic on the roof, rubber roofing can wear off quickly. It is not designed for roofs where you will have workmen walking around frequently to check on or maintain equipment/ appliances.
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What certification did you fire stoppers have
FIRAS accredited by UKAS (United Kingdom Accreditation Service)
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Roc?
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. 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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What happens at PC
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What happens at final completion
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What is an EICR?
ELECTRICAL INSTALLATION CONDITION REPORT An EICR is issued when a building's whole electrical system, including wiring, fuse boards, plug sockets and light switches, has been inspected and confirmed as safe by a qualified and registered electrical engineer Every 5 years
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U value for a roof
Roofs: 0.15 W/m²K. Walls: 0.18 W/m²K. Floors: 0.18 W/m²K.
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What is vacant possession
Free of chattels, people and interests.
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Types of lease break
Absolute Material / substantial Reasonable
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Watch act is section 18 under?
Landlord and tenant act 1927
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How does a fire damper work
Allows flow of air when open and close when they detect smoke/ rise in hea. Usually by a fuse able link which melts and triggers the damper
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28 sandmere road. How would you replace the roof covering, what considerations
Install breathable membrane Breathable membranes play a crucial role in pitched roofing projects by helping to prevent the build-up of condensation, which can otherwise lead to multiple problems with your roof, including mould, damp, and rot. Battens Tiles Insider weight of new roof cocverig
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How do you install a shaft wall system
I system 19mm code board in the retaining channel Gypframe 60 I 70 ‘I’ Studs at 600mm centres with Gyproc CoreBoard 19mm between studs, secured by Gypframe G102 Retaining Channel. Inner layer of Gyproc FireLine 15mm with an outer layer of Gyproc FireLine MR 15mm to non-shaft side. For heights up to 4200mm.
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Oooo
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What is a u value Roof u value Wall u value
the rate of transfer of heat through a structure Roof flat0.18 W/m²K Pitched roof: 0.16 Walls: 0.26W/m²K Floors: 0.18 W/m²K
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How would you replace a lintel
Acroprops and needles
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Types of man safe
fall restraint and fall arrest systems, with options for horizontal, vertical, and overhead configurations Anchor systems Permenant edge protection
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Why a raac bad. When was it used?
RAAC is a type of light-weight concrete that was used extensively in roof, wall and floor construction from the post-war period right up until the mid-1990s, but particularly between the 1950s-1970s, mainly because it was cheaper and easier to produce. There is a risk it can fail, particularly if it has been damaged by water ingress from leaking roofs which causes corrosion of the reinforcement, excessive thermal degradation, or if it was not formed correctly when originally made. Poor original installation, cutting the reinforcement bars on-site, can dramatically reduce the end bearing capacity of the planks. It can fail suddenly such as the widely reported ‘30 years’ life span, should not be the deciding factor when decision making as it can last longer
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What do you need to check before appointing a consultant?
I use consultants from LSHs slist who are pre-vetted Sub consultancy agreement Vetted by legal team Drone license Experience and qualifications Insurances
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Leasehold property repairs act
Forfeiture and LPRA 1938 The requirement of the landlord to serve a Section 146 Notice, and the additional requirements under Section 1(1) of the LPRA 1938, is mentioned above. If the lease falls within the Section 1(1), and the tenant serves a counter-notice within 28 days of the Section 146 Notice, the landlord must obtain permission from the Court to forfeit the lease or to claim damages for the breach of repair covenants. However, the landlord will only obtain leave of the Court if it satisfies one or more of the following conditions: 1. the immediate remedy of the breach is required to prevent a substantial diminution in value of the reversion, or the value has already substantially diminished due to the breach; 2. the immediate remedy of the breach is required to give effect to any law, statute or court order; 3. the immediate remedy of the breach is required in the interests of the occupier of the premises, where the tenant is not in occupation itself; 4. the breach can be immediately repaired at a small cost compared to the cost of the remedy of the breach if it is postponed; and/or 5. special circumstances that render it just and equitable for the Court to grant leave.
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Proudfoot v hart
Don’t need to put into perfect repair, only repair that is reasonable Considering age, location, character when costing Keep in repair = put and keep in repair Following Proudfoot v Hart[ii], the obligation to keep the demised premises ‘in repair’ extends to putting the premises into a state of repair if they are in disrepair at the start of the lease. The rationale behind this is that if the tenant is to ‘keep’ the premises in repair, the tenant cannot comply with their obligation unless they first put the property into the required level of repair.[iii] Consequently, at the start of their tenancy, tenants should carry out a thorough inspection of the property (and the building of which their demise forms part) and assess any potential repairs that will fall directly to them or indirectly via a service charge. Tenants may try to narrow their obligations to merely keeping the property ‘in repair’ and avoid assuming a higher standard of repair that can be interpreted by additional and alternative words such as ‘good repair’ or ‘substantial repair’. However, case law has suggested that these additional words generally have no effect – i.e. they do not create a more onerous standard of repair. Instead, the construction of the repairing covenant depends on the length of the term of the lease, the property’s location and the nature of the tenant’s use of the property.[iv]
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Who serves a dilapidations schedule
A solicitor. Ensures it goes to the correct party.
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How to appoint a sub consultant?
Obtain quote Client agree Ideally client appoints to avoid liability
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On ingdsby pad you identified over cladding what concerns did you have.
Concerns with combustible cladding.
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What is Laing easiform construction
non-standard construction method using cast-in-situ concrete for cavity walls, employing steel shuttering or molds for speed and efficiency Key Features and Construction: Non-Standard Construction: Laing Easiform homes are built using a system that constructs cavity walls with concrete instead of bricks, using steel shuttering or molds for speed. Cast-in-Situ Concrete: The walls are built by pouring concrete into molds (shuttering) on-site, rather than using pre-fabricated concrete panels. Speed and Efficiency: The method was designed to be quick and efficient, addressing housing shortages after World War I and II. Cavity Walls: The construction utilizes cavity walls, similar to traditional brick-built homes, but with concrete instead of bricks. Various Property Types: The Easiform system was used to build a variety of properties, including houses, flats, and maisonettes. Multiple Types: Over the 20th century, several types of Easiform homes were developed, each with slightly different construction methods. Early Versions: The earliest Easiform homes, built between 1919 and 1928, had 8-inch solid concrete walls with "no-fines" concrete (no fine sand). Later Versions: Later Easiform homes, built around 1925 to 1945, had a cavity separating the inner and outer walls. Mortgage Issues: Due to their non-standard construction, some lenders may be hesitant to provide mortgages for Laing Easiform properties, according to www.msol.uk. Potential Issues: Some Laing Easiform homes, especially older ones, may exhibit problems and degradation due to the construction methods used during that time, such as corrosion of embedded metal and the presence of asbestos
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Can you name some other forms of non standard construction
BISF house. The Vertically ribbed upper storey cladding panels and corrugated roofing sheets were a prominent & distinguishing feature of the BISF house. Key Features: Steel Frame: The core of a BISF house is a steel frame, providing a robust structure. Prefabricated Panels: Walls are constructed in factories as panels, which are then assembled on-site, speeding up construction. Materials: Materials used include concrete or asbestos cladding with an inner layer of hardboard or fiberboard. Ground Floor: Rendered on an expanded metal mesh system. First Floor: Large profiled and galvanized metal sheet cladding. Roofing: Typically corrugated asbestos cement or corrugated metal sheeting. Internal Walls: Timber studding clad with plasterboard or the prefabricated panels used for the exterior. Issue Corrosion of the BISF house steel structure can occur. Where present, It is most frequently observed to occur at the base of the steel stanchions, located under the wall render on the outer corners of the Gable end wall. This is the point where the steel legs or stanchions are bolted down onto the concrete footing platform, and where moisture is most likely to collect. This is particularly evident in cases where the ground floor exterior wall render has cracked, allowing water penetration and occasionally pooling. Condensation caused by poor insulation and lack of ventilation can also accelerate corrosion. When warm moist air inside the house condenses onto the cold steel surface in sufficient quantities, it can soon run down to the lowest part of the frame and significantly accelerate corrosion.
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PRC cert?
A PRC certificate is a document that confirms a PRC home has had a licensed repair scheme carried out and that the work has been supervised by an approved PRC inspector. Mortgage lenders rely on this certificate to ensure the property meets their standards for lending.
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Building regs requirement for a a step For a ramp?
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Why are aluminium roofs (kalzip standing seam) lower maintenance
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What gradient must a ramp be
Part M dictates the max. Gradients for ramps. As the ramp I designed was 200mm 1:13 was sufficient. Generally Gradients should be as shallow as is practicable. Absolute ax. 1:12. 1500mm width Landing area at top and bottom Handrails. Gradients should be as shallow as is practicable. extend at least 300mm beyond the top and bottom of the ramp; Height: 900mm ( internal) 1.1m (external) be continuous with no obstructions or breaks; be easy to grip. Going, gradient, rise
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What fire stopping works did you specify at regent house
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What contract did you use on regent house and why
for smaller, simpler construction projects where the work is of a straightforward nature, designed by or on behalf of the employer, and typically completed within 12 months with a value under £500,000 Project Characteristics: The JCT Minor Works Building Contract (MW) is designed for projects that are: Simple in nature: The work involved should be relatively straightforward and not overly complex. Designed by the employer: The employer (or someone on their behalf) is responsible for procuring the design, including drawings, specifications, or work schedules. Traditional or conventional procurement: The contract is suitable for projects procured using the traditional or conventional method. Short duration and lower value: The project should be completed within 12 months and have a value of less than £500,000.
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What contract did you use on bic 1 and why
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. medium to large-sized building and renovation projects that require detailed contract provisions, but without complex building services or specialist work, where the employer provides the design, and the contractor is not responsible for designing any part of the works.
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How do you check that your contractor is qualified?
Pre-qualification questionnaire Registered with Safe contractor scheme? Copy of current cert Questionnaire with the following questions. Provide a copy of your current health and safety policy. Qualification and experience Percentage of contractors who are CSCS accredited Details of any specific training. Provide your accident statistics. How do you monitor sub consultants? Provide examples of relevant projects.
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What does your health and safety file include
Overview of what was done Significant residual hazards: Eg. Roof lights Hazardous materials Maintenance details Safe use of the site Documents and certs Spec Guarantees Practical completion cert
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What is sulphate attack
Sulphites in soil React with Crosby paste thy holds concrete together As sulphate dries, it expands. = cracks, spalling, salt traces. Toothpaste texture Lab tests to determine sulphate content. That why regs require floor slabs to be laid over dpm, barrier to prevent salt migration from soil to concrete
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What is a cover meter
cover meter, an electromagnetic device that measures changes in voltage arising from responses to applied magnetic fields.
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Post Office v Aquarius Properties [1987]
Inherent defect meant basement flooded. The water table fell leaving the basement once again dry. No other damage was caused. The defect had not grown worse and was in the same condition as when the building was first built. Court held: the defect had existed since construction and there had been no worsening audit deterioration so no want of repair existed. All E.R. 1055 must be first on anyone’s list. As is well-known, it was decided in that case (following Quick v Taff-Ely Borough Council [1986] Q.B. 809) that “[If] the premises demised are and at all times have been in the same physical condition… as they were when constructed, no want of repair has been proved”. So, in other words, no obligation to repair can arise unless there exists disrepair, i.e. a deterioration from the physical condition of the premises when new. The result (surprising to some) was that the tenant was not liable to do anything about a basement which had flooded by reason of a defectively constructed joint between the walls and floor (there being no evidence that the water had resulted in damage to any part of the building), because it was not in disrepair.
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Is VA
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When would you issue an interim dilapidations? What is it for?
Lease must exceed seven years with three or more years unexpired (under the leasehold property repairs act 1938) The aim of an interim schedule is to remind the tenant of their obligations and clarify what’s expected
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When is a terminal schedule
Issued during the last three years to 18 months of the lease
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What measurement guidance do you follow
RICS code of measuring practice 6th edition 2015 (reissue 2018)
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What are the 3 pillars of dispute resolution
Negotiation Mediation Adjudication
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What are the current mees
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How does the lease clause affect the level of repair required
‘Keep in’ = intention might be that the tenant would be obliged to carry out whatever work was required to bring the condition of the property up to a level that would be considered ‘in repair’. In other words, the expression contemplates that the property is not in repair when the lease is entered into or it might fall out of repair and the tenant has to address that. condition can impose a greater obligation than just to repair. Repair: epairing obligations relate to the fundamental physical properties of the building and it is the intention to provide a consistent stable environment Condition, on the other hand, can be said to be more aesthetic and dealing with finish and appearance
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How are inherent defects dealt with in dilapidations?
GENERALLY CONSIDER: 1. Is the inherent defect causing any disrepair? No= no claim 2. Would rectifying the defect be giving back to the landlord something completely different to that which was demised at the start of the lease. A commonly held misconception is that a tenant cannot be liable for defects in design that were apparent before the start of the lease and which subsequently lead to damage. However, as noted in Ravenseft Properties Ltd v Davstone (Holdings) Ltd [1980] QB 12, generally, this is incorrect. It is possible for the damage caused by an inherent defect to form a breach of a tenant’s repair obligation. Additionally, if the only appropriate way of repairing this damage is also to correct the inherent defect, the cost of this will likewise fall under the tenant’s repair liability. This principle would not apply if the effect of completing the repair would be to give back to the landlord something completely different to that which was demised at the start of the lease. At this point, the repair would become an improvement and would not be a breach of a repair liability. An example of this in practice would be a demand to waterproof a cellar that was damp at the outset of the lease. Were the tenant to be obliged to complete these works, the landlord would get back a building that was different, with a different use that could be made of the cellar to that which it was able to offer at the start of the lease. An alternative example could be a window that had rotted due to having incorrect weathering details. The window would need to be replaced, but the addition of the correct weathering would still result in the landlord having fundamentally the same feature (a window) returned to it.
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What is pre-construction information. What does it include.
The regulations define pre-construction information as 'information in the client’s possession or which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work and is of an appropriate level of detail and proportionate to the risks involved, including information about: The project. Planning and management of the project. Health and safety hazards, including design and construction hazards and how they will be addressed. Information in any existing health and safety file'. Pre-construction information should be provided in a convenient form and should be clear, concise and easily understandable. It should be prepared early in the project so that it can provided to designers and contractors as part of the tendering or procurement process. This enables those preparing bids to assess the resources they will need to allocate to perform their duties under the regulations. pre-construction information might include: A description of the project. Key dates. Contact details for the project team. The extent and location of existing information. Project arrangements: Planning and managing the construction work. Communication and liaison. Security. Site hoarding. Site transport. Permit-to-work systems. Fire precautions. Emergency procedures. Means of escape. Authorisation requirements. Confined spaces. Smoking and parking restrictions. Safety hazards. Boundaries and access. Restrictions on deliveries, waste collection or storage. Adjacent land uses. Existing services. Ground conditions. Existing structures. Issues relating to plant and equipment. Health and safety information in earlier design, construction or ‘as-built’ drawings. Health hazards. Asbestos. Contaminated land. Client’s activities. Storage of hazardous materials. Significant design and construction hazards Assumptions and working methods. Arrangements for co-ordination of ongoing design work. Significant risks identified during design. Materials requiring particular precautions. A description of the format of the Health and Safety File and any conditions relating to its content.
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Give me an example of a British standard?
BS 476 These standards ensure the door's ability to withstand fire and smoke for a specified duration, typically indicated by an FD BS 8214 also provides guidance on the specification, installation, and maintenance of timber-based fire door assemblies. Manufacturers of fire doors may participate in third-party certification schemes like BM TRADA Q-Mark and BWF Certifire to demonstrate product consistency, as recommended by BS 8214
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What is BCIS
comprehensive, accurate and independent data BCIS collects, analyzes, and interprets cost information from across the UK construction indust
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What are the NRM??
The New Rules of Measurement (NRM) are published by the Royal Institution of Chartered Surveyors' (RICS) Quantity Surveying and Construction Professional Group. They provide a standard set of measurement rules for estimating, cost planning, procurement and whole-life costing for construction projects. Adopting a standard methodology such as NRM facilitates consistency and benchmarking and helps avoid disputes.
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Is vat recoverable on dilapidations?
HMRC says dilaps payments are usually outside the scope of vat. Obviously, if dilaps are trying to avoid paying tax for example lowering the rent. Then this isn’t allowed. (VAT is recoverable on repair work, so it is not appropriate to claim VAT on dilaps)
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How to install shaft wall system
I studs. Gyproc core board (19mm) and 2x layers of firelin board to non-shaft side
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What did you read in the RICS document? Why project monitor? 
Protect clients interest by monitoring construction investigator and advisor proactive and impartial