Technical Competency Questions - TARGETTED Flashcards
(224 cards)
1
Q
How would you define fair and reasonable?
A
I would believe it would be considered by most people to be reasonable, right, or normal.
2
Q
How would you financially manage sub-contractors/what techniques would you use?
A
- Payments
- EWNs
- Payment on time
- Contra-charges/levying costs
- Retention.
- Agreeing variations and claims when they occur
- Identify future variations as and when they occur,.
3
Q
What did a Pay-Less notice used to be called?
A
- A withholding notice
4
Q
Can you tell me about the Housing Grants, Construction and Re-Generation Act?
A
- is intended to ensure that payments are made promptly throughout the supply chain and that disputes are resolved swiftly.
- It includes the right to adjudication, right to suspend performance, etc.
5
Q
What is the government payment charter?
A
NOW AMENDED: JAN 22 -
PAYMENT REPORTING REGULATIONS:
Sets out fair payment commitments for organisations in the construction industry to sign up and agree to. - All large contractors should follow the Construction Supply Chain Payment Charter. Now called the ‘Payment Reporting Regulations’ – changed in Jan 22. - This sets out fair payment commitments for companies and LLP’s - Public authorities are already required to pay within 30 calendar days. On central Government contracts, payment will be made to: - Tier 1 within 14 days, - Tier 2 within 19 days - Tier 3 within 23 days of the due date, which will be 7 days after the common assessment or valuation date established by the client in the Tier 1 contract.
6
Q
Can you tell me about the Scheme for Construction Contracts?
A
- is a scheme which applies when construction contracts do not comply with the Housing Grants, Construction and Regeneration Act.
7
Q
What are the components that make up the cost of a project to a contractor?
A
- Profits and overhead – staff, labour, materials, access equipment, prelims
8
Q
How often do you report cost?
A
- Monthly however, we continually update the CVR when changes arise.
9
Q
What is a cash flow forecast?
A
- A cash flow shows how much money the business or project expects to receive and pay out over a set period.
10
Q
How do you use a cash flow?
A
- I use a cash flow by understanding what we’ve been certified from the client, how much money we have in the bank and then review what our sub-contractors have applied for and what else is to be paid (plant, material & labour etc). This helps me to understand what accruals I need to make
11
Q
How do you manage risk and contingency?
A
- I manage risk by keeping a risk register and keeping this as a working document.
- Consistently having meetings with the engineers to understand the risks around and the contingency which has been allocated or removed.
12
Q
What is CVR?
A
Cost Value Reconciliation
- Is the profit and loss statement for a project.
- Helps calculate the amount of work done to date and the cost incurred to date.
- It is the difference being the amount of profit or loss made at that point in time.
13
Q
How can you calculate works completed to date?
A
- Visit site, carry out assessment and see what’s been done in line with what’s being claimed within a period
14
Q
How do you know what costs you’ve incurred to date?
A
- By looking at what we’ve been charged for by a subcontractor or a supplier
- What we’ve paid out for in terms of material
15
Q
What is the purpose of change control?
A
- Change control has three purposes:
1. All relevant parties are consulted
2. Enables change to be assessed in terms of time, quality and cost.
3. A record is formed to note any change.
16
Q
What is EVA (Earned Value Analysis?)
A
- Is a method of measuring the projects progress at any given time.
- Forecasting it’s completion date and final cost
- Analyses the variance in the schedule and budget as the project proceeds
- Compares planned to work to that actually completed.
- Helps determine if works are progressing in line with programme.
17
Q
What is the impact of change on cost?
A
Will depend upon if it is a domestic change or a client driven change
- Domestic will be negative
- Client will be positive.
18
Q
How do you prepare a liability statement?
A
19
Q
How do you prepare a cost value reconciliation?
A
It measures cost against the budget.
- I would firstly confirm the contract value/total which would be my starting point.
- I would look at the instructions in the period and update these and include these on my CVR
- I would then look at the Sub-contractor’s application and see if there are any changes or claims in the period from them.
- I would regularly update this document as soon as anything would arise.
- This would help me understand the work completed to date and ensure that we are on budget.
- This would give me a rolling ‘cost to complete’ on each package.
20
Q
The client wants to make a change, how do you manage this?
A
- Implement the change control procedure.
21
Q
How do you undertake the change control process?
A
- In my role, we would receive the PMI or change from the client.
- We would assess the change and upload this onto a change register
- I would then discuss the change with the relevant parties within CHt and we would then go to the Client if we needed further information.
- I would then start to pull together a quotation in line with the client’s requirements, clearly outlining our fees.
- I would then arrange a meeting to discuss this with the client with a view of gaining implementation.
- I would then review my documentation and close this out on the schedule with the cost clearly indicated.
22
Q
What is a formal change control process?
A
PIMM:
- Propose change
- Impact Summary on project
- Make a Decision
- Make the Change
23
Q
How did you deal with the potential movement of the PC date upstream?
A
- We firstly needed to clearly understand why the PC date had moved.
- It was clear that there was a lot of client change.
- I had a meeting with the Planner and Engineers who assessed each additional PMI/CE and we allocated additional time to this which gave a clearer indication of the programme and the potential new completion date.
- I then needed to advise the client of this so that we could get a contractually agreed EOT and get this implemented.
24
Q
How did you ensure productivity was not reduced from the acceleration i.e working longer hours?
A
- Everyday there was a clear plan of works and what needed to be done and dates completion was required by; which was mutually agreed with the Sub-Contractor.
- We always agreed to pay for 2 extra hours but if the Sub-Contractor completed the tasks in a shorter period of time, we would pay the 2 hours as a bonus.
25
What further reading did you undertake on Isurv into building services?
- I looked into ‘Assessing Building Services’ mainly and this gave me an insight into inspecting electrical installations, water, heating systems and their fuels and drainage.
26
What are the most common services required in a building?
- Gas
- Water
- Electrical
- Mechanical
- Heating
27
What legislations affect the construction process?
- Construction (Design and Management) Regulations 2015
- Health and Safety at Work Act 1974
- Control of Substances Hazardous to Health Regulations (COSHH) 2002
- Lifting Operations and Lifting Equipment Regulations (LOLER) 1998
- Working at Height Regulations 2005
28
What is an approved code of practice?
- ACOPs describe preferred or recommended methods that can be used (or standards to be met) to comply with regulations and the duties imposed by the Health and Safety at Work etc Act.
- ACOP is approved by the Health and Safety Executive
29
Can you tell me about the medical gas package and how this works?
- Medical gas includes Oxygen, Mixed/medical air, surgical area.
- It runs through the building through labelled copper pipes
- There are gas alarms throughout.
- The gas should be stored in a dark room, clearly labelled, at a certain temperature with labelling on the door.
30
How can you tell if something has been installed to the British Standard?
- By checking the relevant British standard documentation/guidance notes vs the install on site.
- Materials can sometimes have the Kitemark on them
31
What is a British Standard?
- Publications issued by the British Standard Institution
- Give recommended minimum standards for materials, components, design and construction practices.
32
What is a Building Regulation?
- Regulations to ensure that new buildings, renovations, conversions etc. are going to be safe, healthy and high performing.
- Regulations include topics such as structural integrity, fire protection, accessibility, energy performance, acoustic performance, protection against falls, electrical and gas safety.
33
Can you list the Building Regulation Approved Documents?
- A: Structure
- B: Fire Safety
- C: Site preparation and resistance to contaminants and moisture
- D: Toxic substances
- E: Resistance to the passage of sound
- F: Ventilation
- G: Sanitation, hot water safety and water efficiency
- H: Drainage and waste disposal
- J: Heat producing appliances and Fuel storage system
- K: Protection from falling, collision and impact
- L: Conservation of fuel and power
- M: Access to and use of buildings
- N: Glazing - Safety in relation to impact, opening and cleaning
- O: Overheating
- P: Electrical safety
- Q: Security – Dwellings
- R: High speed electronic communications networks
- S: Infrastructure for charging electric vehicles
34
How can you tell if something has been installed to the Building Regulations?
- By checking the relevant approved document.
35
Why are UPVC pipes used instead of cast iron water pipes?
- PVC is lightweight, Cost effective, flexible and cleaner.
- Cast Iron could erode, it’s heavy and is brittle.
36
What is the difference between acoustic insulation and thermal insulation?
- Acoustic insulation is of a higher density to reduce unwanted noise. Usually insulation with a mass loaded vinyl.
- Thermal insulation acts as a barrier to obstruct heat escaping. Usually made from Rockwool
37
What would you include in a lightning protection scope?
- It would need to conform to BS 62305
- Would include – earth bars, tape, lightning rods, earth pits, air termination.
38
What part of the building regulations would insulation come under?
- Approved Document L – It controls the insulation values of buildings elements
39
What is RIBA?
- The Royal Institute of British Architects
- RIBA plan of work organises the process of briefing, designing, constructing and operating.
- Explains outcomes and core tasks required at each stage.
40
What are the RIBA stages?
- 0 - Strategic definition.
- 1 - Preparation and briefing.
- 2 - Concept design.
- 3 - Spatial coordination.
- 4 - Technical design.
- 5 - Manufacturing and construction.
- 6 - Handover.
- 7 - Use.
41
What do VM and VE do? - Value management and Value Engineering (1st edition, January 2017)
- Aim to maximise project value given the. time, cost and quality constraints.
42
What is value management?
Value management usually incorporates a series of workshops, interviews and reviews, through which the project requirements are evaluated against the means of achieving them.
43
What is value engineering?
- The process of reducing the cost of producing a product without reducing its quality or how effective it is
44
Can you tell me what you learnt on the NEC 3 course?
- This taught me about the various different options and general key clauses within the contract such as clause 10.1, Clause 16.1
- Main options
- Secondary Options
- Cost Components and
- Contract Data.
45
What are the various forms of sub-contract commonly used?
- JCT (Joint Contracts Tribunal)
- NEC (New Engineering Contract)
- FIDIC
- Bespoke
46
Can you tell me about the NEC contract?
- Suitable for any construction base contract between employer and contractor
- No reference to the QS in the contract
- Programme is contract document
- Requirement for parties to give EWNS
47
What are the advantages of the NEC?
- Contract is based on mutual trust and co-operation
- Focus on Pro-active risk management
- Encourages parties to resolve cost and programme issues up front
- Contract is written in plain English
48
What are the advantages of the JCT?
- The advantages would depend upon the contract. If we consider a D&B, the advantages would be:
o The contactor holds all the risk
o It is much quicker
o There is cost certainty.
- On an SBC, the advantages would be:
o Great for complex/large projects
o Employer retains design control
o Works can be carried out in sections.
49
What is a relevant event?
- An event, on or off site which causes delay to the completion date.
o These are variations or instructions
o Strike
o Terrorism
o Suspension by contractor for non-payment
o Force Majeure.
50
What happens when a relevant event occurs?
- As soon as the contractor notices a delay will occur, contractor must notify the Administrator in writing with clear substantiation with estimate of delay and why etc.
- Contractor administrator must respond within 12 weeks.
- If it has occurred, the contract administrator must assess the delay and issue a new completion date or EOT.
51
Under a relevant event, is the contractor entitled to loss and expense?
- No, a claim to an extension of time only
- Contractor will need to demonstrate loss and expense.
52
What is force majeure?
- Something which happens which is out of our control
o War, riot, terrorism acts, contamination, civil war, bad weather etc.
53
What is a relevant matter?
- A matter which the employer is responsible for.
- Effects the progress of the works
- May entitle the contractor to loss and expense.
54
What is an example of relevant matter?
- Failure to give the contractor possession of the site
- Delays in receiving instructions
- Disruption caused by work carried out by employer
55
JCT or NEC?
- Private commercial property developers generally prefer the JCT because they can achieve greater control by transferring risk as far as possible, which helps to meet the expectations of their funders.
- NEC contracts tend to be used by experienced, proactive clients with depth of management resources.
56
What does FIDIC stand for?
- the International Federation Of Consulting Engineers
- A contract which is recognised internationally (some 97 countries)
- Core suite of contracts include – Design and Build for Electrical and Mechanical Plant
- Short Form, Dredgers contract, Conditions of contract for Construction.
- standard FIDIC contracts will include an in-depth outline of topics such as roles and authority, labour conditions, delays caused by authorities, procedure for dispute settlement
- and resolution, and defect liability as well as liability for errors
57
NEC vs FIDIC?
- NEC has probably many advantages over FIDIC particularly in clarity, flexibility, explicit project management procedures, partnering and teamwork, risk management, objective measurements of weather and ground conditions risks, and variations
58
What are the advantages of a bespoke contract?
- Written by legal experts
- Rights and obligations of each party clearly set out
- Parties should be more-so familiar with the provisions of the form
59
What are the dis-advantages of a bespoke contract?
- Familiarity is decreased
- Expensive to draft
- Poorly drafted could lead to ambiguities
- Clauses or provisions may be untested in court.
60
What are the secondary options under the NEC?
- W1 & W2 – Dispute Resolution Clauses
- X Clauses
o X1 – Inflation
o X2 – Changes in the Law
o X3 – Multiple Currencies
o X4 – PGC
o X5 – Section completion
o X6 – Bonus for early completion
o X12 – Partnering
o X13 – Performance bond
o X16 – Retention
- Options for dealing with legislation
o Y (UK) 2 – HGCRA 1996
o Y (UK) 3 – Rights of Third Parties Act.
61
What is the law and legislation for contracts in the construction industry?
- Housing Grants, Construction and Regeneration Act HGRA 1996 (amended 2011)
- Scheme for Construction Contracts
62
What is a PGC?
- A Parent Company Guarantee
- A form of security to protect the client/employer from contractor defaulting.
- Parent company can step in should the original contractor default.
- Useful where small contractor part of a large financially stable group of companies
63
What is a Bond?
- Protects for the owner against non-payment, lack of performance or company default.
- Is backed up by a third party (insurance)
64
What are the different types of bond?
- Performance Bond
- Retention Bond
- Off-site materials bond
- Advanced payment bond
- Tender Bond
65
What is a Performance bond?
o Security provided by contractor to developer
o Insurance company makes payment to developer where contractor has defaulted.
o Used when: Employer wants to protect commercial exposure, recession coming, contractor is new or un-approved.
o Value of a performance bond typically 10% of contract sum.
o Alternative to a performance bond is a PCG.
66
What is a Retention bond?
o Retention bonds are way of avoiding problems associated with retention recovery.
o Amounts that would otherwise have been held as retention are instead paid, with a bond being provided to secure the amount.
o Only if practical completion is not achieved by the subcontractor or if they prevent a certificate of making good defects from being issued will the retention bond take effect. The contractor is then able to ‘call’ on the retention bond.
67
What is an off-site materials bond?
o a Bond in respect of Off-Site Materials and/or Goods and is requested by an Employer to cover their exposure should materials not be delivered to site as agreed in the Contract.
68
What is an Advanced payment bond?
o The Bond will protect the Beneficiary for the full Advanced amount should the Contractor default on the agreement.
69
What is a tender bond?
o A guarantee (typically a bank guarantee), for a specified price or a specified percentage of the tender price, issued on behalf of a seller to guarantee that the seller will not withdraw his bid from the tendering process before a binding contract is concluded.
70
What are the 2 ways in which bonds can be drawn down?
o On Demand – Money immediately available without setting out any pre-conditions.
o Conditional – Requires employer to provide evidence that the contractor has not performed and that they have suffered loss.
71
What is a Parent Company Guarantee?
- A security to protect clients in the event of default by the Contractor. The parent company would step in.
72
What is a Warranty/Collateral Warranty?
- Contractual agreement which runs alongside another agreement.
- Gives the employer a direct link to any sub-contractors used. The Employer/client can by-pass the Contractor.
- Helps if a Contractor goes insolvent or employment is terminated.
- Alternative to the collateral warranty is the Contract (Rights of Third Parties) Act 1999.
- Parkwood Leisure vs Laing O’Rourke
73
What are Third Party Rights?
- Contracts (Rights of Third Parties) Act 1999
- Act allows parties to enforce terms of contract that they are not party to.
- Gives parties access to various remedies if contract terms are breached.
74
What are Defects?
- A defect in workmanship, design or materials results in failure of the building or causes damage to people or property causing financial harm or losses to owner.
- Rectification period is 12 months – most defects will become apparent in this time.
75
What is a patent defect?
- Defects which can be discovered by reasonable inspection – cracks, broken windows, missing tiles, sagging gutters etc.
76
What is a latent defect?
- Defects which cannot be discovered by reasonable inspection
- Problems found several years after completion (issues with foundations etc.)
77
What is retention?
- A percentage of sums certified for payment held by the Contractor/Employer (3 – 5%)
- RICS Guidance on Retention – 1st Edition – 2012.
- Purpose of retention to safeguard against defects that the contractor/subcontractor may fail to fix.
- Alternative to retention is a ‘retention bond’.
78
When is retention released?
- On PC first half of retention released.
- Second half certified and released upon the expiry of the defect period.
79
How do you know when a final account has been successful?
- When both parties are happy that a palatable agreement has been met
- Where both parties agree and shake on a number.
80
What happens after a final account has been reached?
- We have the final account meeting
- I would draft the final account agreement as per discussions.
- This would be sent to the Sub-Contractor, signed and dated.
- We would then sign and date internally and store appropriately.
81
How do you keep disputes to a minimum?
- Communicate and liaise with Sub-Contractors as soon as a dispute may arise.
- Resolve it early on.
- Have meetings in person so nothing can be mis-construed.
- Refer to RICS’s guidance note on Dispute Resolution.
82
What insurance documentation is required for sub-contractors?
- Professional Indemnity Insurance
- Public Liability Insurance
- Employers Liability Insurance
- Product Liability
83
Can you tell me how retention works?
- Typically 3 – 5% held by the Employer or Contractor for defects.
- ½ released on the return of a P/C certificate.
- Final amount released after defect period has passed.
84
What is clause X16 under the NEC?
Retention Clause.
85
Can you give me other clauses/optional clauses under the NEC contract?
X1 - Inflation,
X2 – Changes in the Law
X3 – Multiple Currencies
X4 – PGC
86
Why did you advise that the retention clause be struck through?
- Because the Sub-Contractor is a very long standing, reputable sub-contractor who we have used for years and on several projects have not had defects.
- Their package works were very small and the sub-contract value small
- They are also a small company so need the cash-flow support.
87
If you have got underperforming Sub-Contractors on site, what route would you advise to take?
- If they are under-performing – under the Form 66, we can give the Sub-Contractor 7 days’ notice to increase their performance or we could potentially take works off of them and charge them any costs associated with taking these works off of them.
- We could have also issued an EWN notifying them of their concerns and this would also be the case under the NEC as there is no specific clause under the NEC.
88
1. What is clause X16 of the NEC3 Contract?
a. The Retention Clause.
89
1. You state you advised the project lead regarding the subcontractor not accepting the retention clause. What was it you advised?
a. I advised that the Sub-Contractor was not keen on having the retention clause applied.
b. I advised that given that they were a reputable sub-contractor that we have used for years without any defects or issues and the fact that their sub-contract works were so small that actually this was very little risk to us and that our relationship.
90
1. On Brighton 3T's, can you give me an example of where you advised the senior team on the best route forward with conflict avoidance in mind?
a. At Brighton, I recently had an issue with a Sub-Contractor suggesting that if they did not get paid what they were asking for, that they would remove off site and wouldn’t return.
b. I advised the Senior project team that actually we were reaching the end of the project, everyone was stressed and busy and that we just needed to openly communicate and negotiate clearly to avoid adjudication of disputes arising further.
91
1. What kind of clauses would you step down from a head contract to a subcontract?
a. The scope of works
b. Payment terms
c. Retention
d. Valuation terms
e. Insurances
92
2. At 150 Holborn, what insurance documents did you have to ensure was in place?
a. Because this was a JCT contract, the insurance within the contract is stipulated in great detail.
93
What is procurement?
- The act of obtaining goods and services for a construction project.
94
What are the different procurement routes?
- Traditional, D&B, management contracting, construction management
95
What is Tendering?
- The employer/contractor invites contractors to place a bid for work on a project.
96
To which project is the traditional method of procurement suited for?
- When employer/client wants to hold the design
- Cost Certainty is important
- Programme is not important.
97
To which project is the D&B method of procurement suited for?
where there is need to make early start on site, where the employer wishes to minimise risk, for complex projects, where retaining control of the design is not a priority
98
To which project is the Management Contracting method of procurement suited for?
where early start on site is priority,
flexibility in design is required,
where cost certainty is not a priority
99
To which project is the Construction Management method of procurement suited for?
Where the employer is experienced and has suitable resources to manage project,
early start on site,
flexibility to make minor changes,
the project is technically complex
requires input from specialist consultants
100
What is the traditional procurement route?
- Separated design from construction.
- Client/Employer appoints design consultants
- Contractor builds on fully developed scheme.
101
What is the D&B procurement route?
- Contractor responsible for completing design and executing construction phase.
102
What is the Management Contracting route?
- Employer appoints management contractor to manage building process who appoints trade contractors (Skanska/LOR)
103
What is the Construction Management route?
- Employer directly employs multiple sub-contractors instead of a single main contractor.
- Employer places single
104
What are the advantages of the traditional route?
- Employer retains control
- Design is finalised before people tender for the build
- Reasonably price certainty
- Minimal built-in contractor risk premium
105
What are the disadvantages of the traditional route?
- Zero or limited contractor buildability input
- Design risk is retained by the employer
- Dual point of responsibility
106
What are the advantages of the D&B route?
- Speedy
- Cost certainty
- Low risk for employer
- Contractor’s experience is harnessed
- Early start on site
- Single point of responsibility
107
What are the disadvantages of the D&B route?
- Employer’s changes can be difficult and costly
- Employer has less control over aesthetics and quality
- Contractor will build in risk premiums
- The design is only as good as the employer’s requirements
108
What are the advantages of the Management Contracting route?
- Overall project duration can be reduced
- Single point of responsibility
- There can be considerable flexibility in design and changes can be made throughout
- Subcontract packages are let competitively and transparently
109
What are the disadvantages of the Management Contracting route?
- Price certainty not achieved until last package is let
- Requires informed and proactive employer to be successful
110
What are the advantages of the Construction Management route?
- Speed to get to site
- Project duration reduced by overlapping design and construction
- Changes in design can be accommodated without paying a premium
- The employer has a means of redress with the trade contractors
- Prices may be lower due to direct contracts with trade contractors
111
What are the disadvantages of the Construction Management route?
- Price certainty not achieved until last package is let
- Procurement route requires an informed, experienced and proactive employer
- The employer has a lot of consultants and contractors to manage
112
What are Employers Requirements?
- What the employer wants and needs in terms of cost, quality, time, performance specifications, initial designs, scope of works and services required
113
What are the most common routes of tender?
- Single stage
- Negotiated
- Two stage
114
What would you consider when advising a client on a procurement route?
- Time, cost, quality – how quickly does the client want to build, what are their expectations in terms of cost etc
- If time is important then you would go down D&B route
115
When analysing tender returns, what process do you go through?
- Arhythmical errors
- Pricing errors
- Pricing methods
- Comparing the contractor’s proposal against employer’s requirements
- Check the form of tender is complete and signed
- Resolve any qualifications
116
What advice would you give in instances where the tenderers have not all followed our pricing document for example?
- If a bill of quantities or a pricing schedule is not used, then the price may be submitted in various formats (although it is recommended that a proposed form is included in the tender documents). This may give rise to variances in descriptions attached to prices in the pricing document.
- Queries may also be raised based on the description to ensure a like-for-like comparison is carried out.
117
What happens if a tender is submitted late?
- Public sector project – Late tenders should certainly not be considered for public procurement projects – lack of fairness.
- Private sector project – Private clients should be advised which tenders were late and
- if they wish them to still be considered then they must provide explicit instruction to do so.
118
If you were managing a tender process and the tender returns, however upon reviewing the tender returns, you notice a calculation error on one of the tenderers returns which makes it commercially favourable, what would you do?
- All tender returns should be checked for errors before any detailed analysis is undertaken
- the method of dealing with errors should have been outlined in the instruction to tenderers
- The basic options are either to allow the contractors to correct their error or for the contractors to stand by their price
119
When would you place a sub-contractor on a short form sub-contract rather than a full sub-contract?
- If a subcontract value is under £100,000 (LoR policy doc)
120
How did you produce a tender recommendation report?
- Look at all tenders
- Ensure all tenders have been complied with
- Look to check it matches what we need in terms of cost, quality and employer’s requirements
- Recommend a specific subcontractor
121
How did you advise the Contractor on who was most suitable?
- Because of their sustainability criteria and methods and this suited the client’s brief and requirements – this was initially understood in the PQQ.
122
What is the purpose of a PQQ?
- Reduces the number of potential tenderers to those who are genuinely appropriate for the project
123
Did you review the PQQ yourself?
- Pre-construction undertook the PQQ for me but I reviewed this. This gave me various info on the subcontractor, e.g. their H&S standards, environmental policy which could assist with selecting the right sub-contractor.
124
What are the three pillars of sustainability?
- Social, economic, environmental
125
Can you tell me about the different types of NRM (1, 2 &3)?
- NRM 1: Order of Cost Estimating and Planning
- NRM 2: Detailed Measurement for Building Works
- NRM 3: Measurement for Building Works.
126
What is the structure of NRM 2?
- General introduction
- Detailed Measurement
- Rules of Measurement.
127
What does NRM 2 mean for you as a Quantity Surveyor?
- NRM 2 set out the standards of professional conduct and practice expected of members and firms.
- This promotes consistency and provides greater accuracy
- It ensures that parties price on the same basis.
- Following NRM 2 is not mandatory but if a negligence claim is made, the RICS will need to decide whether the surveyor had acted with reasonable competence.
128
What is SMM 7?
- Standard Method of Measurement SMM7
- Typically used in the preparation of bills of quantities
129
How does SMM 7 differ from NRM 2?
- SMM7 is mainly for BOQ’s
- NRM 2 is divided into three parts.
- NRM 2 is also very much more detailed and everything is split out much clearly.
- SMM7 contains rules from A – Y
- NRM contains rules 1 – 41 (so much more detailed).
130
Can you tell me what different types of pricing document are available to you?
- Bill of Quantities
- Schedule of Rates
- Contract Sum Analysis
- Schedule of Work
- Priced Activity Schedule
131
What is a BoQ?
- A Bill of Quantities
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How would you prepare a BoQ?
- To enable the preparation of BQ, the information resulting from RIBA Work Stages E (Technical Design) and F (Production Information) will be required.
- Preparation of technical design(s) and specifications, sufficient to co-ordinate components and elements of the project and information for statutory standards and construction safety.
- I could then list each element, and price on that basis.
- I would further look into the NRM 2, preparation of BOQ to ensure what I did was accurate.
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What is an SoR?
- A Schedule of Rates
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What is the BCIS?
Building Cost Information Service
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What is a contract administrator?
- The role involves managing the contract between the employer and building contractor (JCT TERM)
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What are the roles and responsibilities of a contract administrator?
- Responsible for administering the construction contract
- Assesses delays and grants extensions of time
- Considers interim valuations/loss and expense etc.
- Certifies sums due
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What forms of contract are widely used within the industry?
NEC, JCT, Bespoke, FIDIC
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What does NEC stand for?
New Engineering Contract
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What does ECC Stand for?
Engineering and Construction Contract
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What does JCT stand for?
Joint Court Tribunal
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What types of JCT are available to you?
- Various
o D&B
o SBC 2016
o Major Works Contract
o Minor Works Contract
o Intermediate Build Contract
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What different NEC contracts are available to you? What are the options?
- Option A: Priced with Activity Schedule
- Option B: Priced with BoQ
- Option C: Target cost with Activity Schedule
- Option D: Target with BoQ
- Option E: Cost Plus
- Option F: Management Contract
- Option G: Term Contract
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How does the NEC differ from the JCT?
- The JCT can contain provisional sums
- The NEC is more of an open book procedure
- JCT is very clear on insurances
- NEC – insurance detail is very brief.
- NEC ultimately is a very collaborative/progressive contract.
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What are the key differences between the NEC 2 & 3?
- Termination was introduced
- Option F was introduced
- Dispute resolution was clearly introduced in NEC 3 (Options W1 & W2)
- No mention of the Housing Rights and Grants Act
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What are the key differences between the NEC 3 & 4?
- NEC 4 now gender neutral
- Employer has become ‘Client’ and Works Information’ becomes ‘Scope’
- Risk Register is now Early Warning Register
- There is now an alliance contract.
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What is an employer’s agent?
- A party who acts on behalf of the employer on all matters. They carry out certification and decision making functions.
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What status does the programme have under a JCT?
- Contractor supplies a copy of his master programme to contract admin
- Programme has no contractual status.
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What is PC?
- It is a JCT term for Practical Completion
- Practical completion means ‘fit for purpose’ or sufficiently complete for the employer to take over and nothing remains outstanding.
- You cannot rescind a PC certificate after it has been issued.
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What is a Non-completion certificate?
- Issued by the CA to confirms that works have not been completed by the contractual completion date.
- Consequences are:
o Employer to issue pay-less
o Employer has right to withhold liquidated damages
o Employer must write to contractor notifying them of intention to levy LD’s
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What happens upon PC?
- 50% retention released
- Defect period starts
- Employer required to start insuring the building
- Liquidated damages ceased.
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What is an EOT under the JCT?
- An EOT allows the CA to extend time/fix a new completion date.
- Time periods for an EOT:
o The CA has 12 weeks from notification to decide entitlement.
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What is a Principle Designer?
- a designer who is an organisation or individual (on smaller projects) appointed by the client to take control of the pre-construction phase of any project involving more than one contractor
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What is a Principle Contractor?
- The contractor with control over the construction phase of a project involving more than one contractor. Appointed to manage, plan, and monitor H&S during construction.
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What are the different types of change?
Changes can be divided into two categories:-
1. changes from within the contractor’s own organisation that do not involve the employer (DOMESTIC)
2. Changes specifically requested by the employer.
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What is risk?
- An uncertain event which could have a negative impact on the project.
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What is a risk assessment?
- An assessment of the risk to identify the likelihood of it occurring.
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What are basic risk reduction methods to reduce risk?
- STARR – Share, Transfer, Avoid, Retain, Reduce.
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What mitigation measures are available to you?
- STARR
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What is Quantitive risk?
- Assessing risks in terms of money (money/schedule costs)
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What is Qualitative risk?
- Assessing the likelihood and impact on the project. (impact/likelihood)
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What is a risk register?
- A document listing all the risks identified for a project.
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What are the four main risk allowance categories? (CEED)
- Construction Risk
- Employers Change Risk
- Employers Other risk
- Design development risk
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How would you create a risk register for a new project?
- All members of the team come together to work out what risks might occur
- We would then collate all the risks identified and add them to a risk register
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What is the difference between ethics and integrity?
Ethics – Moral principles which govern a person’s behaviour (big picture)
Integrity – being honest and having strong moral principles and values (personal characteristics)
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Had you paid the sub-contractor 80% upfront and then gone through the process of assessing the variations, and you had over certified. What options would you have had to re-coup that money.
We had 3% retention held on the account and we would have been able to recoup the money this way.
If there was no retention on the account, I would politely as the Sub-Contractor to return the monies. Legally they would have to return the money under the remedy law of 'restitution'. meaning that they are obliged to return the monies on the grounds of unjust enrichment.
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How do you use a risk register?
- Continually monitor risk items in the risk register
- Make the register a weekly working document and add/remove any risks or contingency
- Assign impact/likelihood scores.
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How does NRM recommend that you deal with risk/the principles of risk management?
- The NRM recommends that a risk register is put together at the earliest opportunity.
- NRM also recommends that adopting a risk register is key and clarifies how risks are to be apportioned.
- NRM then recommends that it is broken down into two categories
o General risk categories – political, programme, project, benefit or,
o Design development, construction, employer change, employer other.
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How did you create a risk register at Holborn?
- I created the risk register by brainstorming all elements of the project with the team.
- Then adding these risks on the register and breaking these down in accordance with NRM 1.
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Can you give me an example of a risk which you had to allow for at Brighton/Holborn?
- At Holborn, we had a clause in the contract which noted that we were to make allowances for design development on the lighting.
- Brighton and labour if the project overran, how long would it overrun for
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Can you give me an example of a risk you have managed on your project, what steps did you follow to manage this risk?
- Yes. At Brighton, on the Thermal Insulation package, the main risk that we had to allow for was ‘labour over-run’.
- The STARR method was used and the risk assessed and it was decided that we could not share or transfer the risk. We unfortunately couldn’t avoid it because of missing M&E valves etc. so we had to retain the risk and allocate monies from the construction risk pot to allow for this.
- We hoped to reduce this risk by issuing an EWN to all trades but it was decided that this may hinder project completion.
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What is the role of the risk register on your project?
- The role of the risk register is manage uncertain events
- Reduce uncertainties to a minimum.
- Also to see our threats and opportunities and likely impact.
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You’ve not got enough contingency to spread across the risk on your risk register. Can you advise what you would do?
- Review whole risk register and see which risks have occurred and the cost
- See which risks have now become an opportunity and potentially reallocate the money
- See whether this new risk is now a priority
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Can you give me an example of a risk you have managed on your project, what steps did you follow to manage this risk?
- Excel, potential over run and more labour needed.
- Drawing issues/our MEP designer missing Nurse call points. We had to make an allowance for this.
- Risks of damage occurring – due to the size of the project, damage couldn’t be contra-charged because it was difficult to evidence who caused the damage.
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What is the RICS guidance note for Risk Management?
Management of Risk 1st Edition – 2015.
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If a contract’s payment terms do not meet with the HGRCA, what would you do?
- Given that both parties have agreed and have signed up to the contract payment terms – this could be seen that they have agreed to deviate.
- However, in any other circumstance the Construction Scheme for Contracts would prevail and revert this back to the HGCR Act.
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The client isn’t happy with your quotation/fees, can you advise how you would manage this?
I would sit down with the client and be transparent about the fees, talk them through how I understood their brief/scope of works and talk them through this.
If they were still unhappy, I would see how we would reduce the scope to reduce the fees.
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What does change management ultimately do?
- It encompasses skills, tools and techniques that enables changes to be carried out at all stages which would result in the best outcome for all parties.
- Change control is the process or processes that can lead to the alteration of the timescale, the cost or scope of the project
- Once a change has been accepted, effective management should strive to ensure that the project benefits from the change or at least suffers minimal disruption
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What changes can alter a project risk profile?
1. Political and business risks
2. Benefit risks
3. Consequential risks
4. Project risks
5. Programme risks
6. Design development risk
7. Construction risks
8. Employer change risk
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What are some reasons why changes are made?
1. Requests are made by an employer or contractor, whether contractual or non-contractual
2. A relevant event as set out by the contract, for example in the JCT suite, occurs
3. Revisions to statutory requirements and regulations require changes to the contract
4. Additional works are required because of design omissions or errors
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Who usually carries the risk of changes?
1. In most cases, usually the employer however, it can depend upon the contract
2. The contract may apportion the risk to the contractor, as a JCT Design and Build contract does and the contractor may manage risk as per STARR.
In JCT contracts, the contractor can be responsible for designated items called the contractor-designed portion (CDP), which may also bear risk.
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How do standard forms of contract manage change?
The JCT, NEC and FIDIC contracts make provision for change control.
JCT and FIDIC these are called variations
In the NEC, changes are called compensation events
The contract depends upon how change is managed, i.e.
- D&B - Contractor
- SBC - Employer
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How does BIM Support change control?
This can have a positive influence on the project cost and enable swift assessment
of alternative design proposals before a change is implemented.
BIM is able to modify or change the components of the structure in the model, highlighting these changes and visualising the finished product.
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How does NRM 1 manage/deal with risks?
By classifying risks in the following categories:
1. Design Development Risks
2. Construction Risks
3. Employers Change Risks;
4. Employers Other Risks.
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What is the change control process?
The employer wants to make a change, they write an instruction, issue the instruction, we (the contractor) would record the change, investigate the change and carry out any design queries and look to price the change.
If it is over budget, we would go back to the client to see how we can reduce the scope.
If it is within budget, we would look to get the employers/client's acceptance.
An alternative way would be to raise a Notice of Compensation Event or raise a request for an instruction to proceed.
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What are the key principles of risk management
Definition - defined as an uncertain event or circumstance that, if it occurs, will affect the outcome of a programme/project. This could be something that is happening now or will almost certainly happen in the future
From the initial stages, adopting a risk register can aid the contract process, showing how risks are deemed to be allocated between the client and the contractor
The NRM clarifies that the risks to be apportioned will take the form of one or
more of the following - STARR.
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How does NRM recommend that risk is dealt with?
1. Understand the risk and put this on a risk register
2. Decide upon how the risk should be apportioned - STARR
3. Carry out a quantitive assessment (probability trees, central limit thereom) etc.
4. Carry out a Qualitative assessment and decide how the risk will be dealt with.
5. Continually update the register.
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What are some ways in which you could quantify a risk?
By using:-
Probability trees - there are times when risks are connected; that is, certain risks may only appear as a result of actions taken to manage another risk. This is where the probability tree is used.
Central limit theorem - a mathematical technique used to provide a 90% confidence level for a project contingency fund.
Monte Carlo - a computer-generated simulation used to model outcomes.
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What is a Notice of Compensation Event?
Compensation events are events which are usually not the fault of the contractor and change the cost of the work, or the time needed to complete it.
As a result, the prices, key dates or the completion date may be reassessed, and in many cases the contractor will be entitled to more time or money.
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What is the definition of contingency?
Amounts that are held in reserve to deal with unforeseen circumstances.
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What are the different types of contingency?
- Design Development
- Construction risks
- Employer change risk
- Employers Other Risks
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Can you advise on when you would issue a Notice of Compensation Event?
I would issue a Notice of Compensation Event when a change is required on site and it will impact time, cost, impair works, or lead to a defect.
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How do you ensure that costs are accurately reported from change?
By logging all changes on a Change Control document and updating this document weekly.
I would also meet with the client to gain implementation of changes so that cost is clearly agreed.
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Can you advise on what time limits there are with you and the client on an NEC?
The time bar acts to prevent a contractor from validly notifying a compensation event which he should have notified sooner.
Clause 61.3 provides that, if the contractor does not notify a compensation event within eight weeks of becoming aware of the event, he is simply not entitled to compensation under the contract.
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Can you advise on time limits under a JCT?
There are no time limits.
The contractor must serve notice of a delay to the employer when it becomes 'reasonably apparent'
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Why could the variations not be assessed in line with NRM2?
Because NRM 2 and Work section 38, sub-section 12 is around how the works should be measured and in what unit with drawings present to complete.
I could only undertaken part of the works with drawings as these were mainly photos of the works and were in the thousands and NRM doesn't have a labour/time element also associated to the measure like SPONS would have.
195
What positives did you advise the trust on the procurement of a dishwasher with a high energy rating?
I advised that the higher the energy rating, the less electricity used to achieve the same level of performance and will cost less to run, creating cost savings.
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How did you substantiate your advice that paying more now would return life-cycle cost savings?
Although I could have carried out a life cycle cost exercise, I chose not to.
Instead, I referred the client to the Energy Saving Trust which have carried out studies to evidence that using a higher rated dishwasher could lead to a yearly cost saving of £45.
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What are the 18th edition wiring regulations?
They are a British Standard for the installation of electrical wiring.
The guidelines set out by IET (Institute of Engineering and Technology)
These cover the installation of new electrical appliances and maintenance.
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What are Approved Codes of Practice?
Approved codes of practice are detailed guidance documents approved by the HSE and published to accompany a set of health and safety regulations.
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How did you ensure that installed items had met British standards?
By bringing up the relevant British standard and reviewing the install or double checking this with the engineers. Sometimes materials will also contain the Kitemark.
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Are you best positioned as a QS to advise if items installed have met BS or BR?
No, this would be outside of my competency and I would not be able to advise on this.
201
How did you advise on the financial risks of subcontractors?
It would usually be a case of downloading a financial report such as Graydon or Experian and review the financial elements on this.
202
Tell me about some risks and opportunities on the Brighton Project?
Some of the risks are labour over-runs on the project or damage to mechanical and electrical equipment.
Opportunities at this stage of the project are betterment against future Project Managers Instructions.
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How do you quantify risks at brighton?
We use an internal scoring scheme which meets with certain requirements i.e. what the cost impact may be and the progress impact.
204
You noted that you felt 90% of the works picked up via field view had been wrongly assigned to reworks. Can you tell me how you knew this?
Because when reviewing the photographic evidence in tandem with our pipework or ventilation sub-contractor's mark-ups, it was clear that the services had only been installed a few weeks prior to the works being completed and listed as re-works which was incorrect.
205
You note that in March 2022 you chaired a meeting where all remaining variations were agreed. Can you give me 1 example of a contentious VO that you referred to and how this was resolved in the meeting?
It was a very small variation and was contentious because we believe it to be a contractual obligation however, the sub-contractor said that they had issued exclusions, and this was excluded. Procurement had accepted an exclusions document however, it was not clear whether or not the previous party had actually accepted it so we had to agree to disagree.
206
Are you aware of what costs may sit inside the fee on an NEC target cost Contract?
Risk, insurances etc.
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What is the difference between cost and cash flow?
Cost - Monies costed or cost incurred to date
Cashflow - When we are expecting to pay out for something.
208
Can you tell me the structure of the NEC?
The contract has 6 main sections:
1. Core Clauses
2. Main Option Clauses
3. Dispute Resolution Clauses
4. Secondary Optional Clauses
5. Schedule of Cost Components
6. Contract Data
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How would you carry out a valuation on an NEC contract?
The schedule of Cost Components is used for options C, D and E.
- It provides the definition of components for which the contractor will be paid
- and what will be included when valuing compensation events.
The Shorter Schedule of Cost components is used for Options A & B.
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Can you tell me about Data Part 1 and Data Part 2?
Part 1 is completed by the employer - what the option is, what the optional clauses have been selected, who the project manager is, what the works information is?
Part 2 is completed by the contractor - this defines what their fee percentage is, who they are, who their project managers are.
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What's the difference between an Early Warning Notice and a Compensation Event
An Early Warning Notice (Clause 16) is for risk management - this is a proactive risk management mechanism. Early warnings do not entitle the contractor to additional time or cost. - Impair performance in use, delay completion, increase total of price.
A Compensation Event is for Compensation (Clause 60.1).
- It is a mechanism for the Contractor to recover additional cost and time.
- There are 19 compensation clauses in the NEC3 / 21 in the NEC 4
- A Compensation Event is an employer's risk item.
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What is a CVR?
A Cost Value Reconciliation is a document which reconciles value and cost to illustrate the profitability of a construction project.
Within the CVR it'll tell the final position, the to-date position and the period position.
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What is the importance of following the HRGR Act 1996
Because it is law/ legislation and must be followed at all times.
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What are the different components which make up cost to a contractor?
Plant, Material, Labour, Subcontractors, Overheads, Staff etc.
215
When considering Risk Management, what is EMV (Expected Monetary Value?
Expected monetary value (EMV) analysis is a statistical concept that calculates the average outcome when the future includes scenarios that may or may not happen.
- Usually mapped using a decision tree.
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Can you give me another example of when you've managed a risk at Brighton/Holborn?
On the Brighton 3T's the biggest risk has been the concern of damage.
217
What is a Scott Schedule?
A Scott schedule is essentially a table with inputs from both the claimant and respondent.
Typically the claimant will set out their argument first, then the schedule is passed to the respondent to set out their response
218
What are the legal and contractual constraints on a project?
- Approved documents
- Acts of law
- Building regs
- HGCRA
Different contractual mechanisms – payment, retention, valuing variations etc.
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Are you aware of any new changes in building legislation?
The Building Safety Act 2022. Is a response to the Grenfell tower fire.
Prosecution for defective high rise cladded buildings built after 1992
1. Ensure early consideration is given to fire safety.
2. Manage change control.
3. Preserve the integrity of the building and fire safety information.
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What are the key reasons for cost over runs?
- Poor budgets
- Inefficient working
- Poor design
- Poor procurement and tendering
- Scope gaps
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How can we mitigate the risk of cost over runs?
- risk register
- contingency
- tender at the correct stage with correct information
- ensure robust cost reporting
- ensure risk is minimised through STARR.
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What is the importance of day works or why are they important?
- Last resort for pricing a variation and needs to be accurately assigned and documented.
223
What are the implications of day works on the contract?
- Costs could potentially spiral because we’re not sure why they’re on day works.
