T.Ward Questions Flashcards
(73 cards)
Explain what you understand by the phrase “conflict of interest” . Give an example.
3 different types of conflict of interest listed in ‘Conflicts of interest’ RICS Professional Standard.
Party Conflict - Where an RICS members duty to act in the interests of a client conflicts with a duty owed to another party in the same professional assignment.
Example - Working for both the Employer and Contractor on the same project.
Own Interest Conflict - Where an RICS members duty to act in the interests of a client conflicts with their own interests.
Example - Personal gift
Confidential Information Conflict - Where an RICS member has a duty to provide information to one client and a duty to another client to keep that same information confidential.
Example - QS working for employer in a tendering process, as well as a tenderer. The QS would know the employer’s budget which should be confidential but this information would help the tenderer.
Explain the difference between formal and informal CPD
Formal CPD is structured learning organised by professional bodies, institutions or organisations to provide specific skills and knowledge.
Informal CPD is non-structured, self-managed learning activities to improve skills and knowledge.
To be sure, I would refer to the RICS CPD Decision Tree
What is the Assigned Risks Pool?
Assigned Risk Pool is a mechanism put in place by the RICS to offer protection to surveying firms who are not able to get PI Insurance on the open market. Firms must apply to the RICS for ARP coverage but it should be noted this is a last resort and firms must seek to obtain PII coverage during their time on ARP.
Give me 2 examples of red flag indicators for money laundering.
Red flags for money laundering:
-client is secretive
-cash payment
-payment from multiple bank accounts
-unusual or inconsistent transactions
Name the 5 Rules of Conduct.
Members and firms must…
…be honest, act with integrity and comply with their professional obligations, including obligations to RICS.
…maintain their professional competence and ensure that services are provided by competent individuals who have the necessary expertise.
…provide good-quality and diligent service.
…treat others with respect and encourage diversity and
inclusion.
…act in the public interest, take responsibility for their actions and act to prevent harm and maintain public confidence in the profession.
What would you do if you discovered a colleague had taken a bribe from a contractor?
- Document evidence
- Maintain confidentiality
- Report to my company
- Report to the RICS if required (if my company do not take appropriate action or I am not comfortable reporting to my company)
- Seek legal advice if required
Advise me how you would deal with the scenario of:- one of your best friends from university working as the contractor’s QS on your project.
Report the conflict of interest to my client and my company, suggesting I may need to be removed from the project.
Document my decision process to provide an audit trail.
Advise me what you would do if your neighbour asked for some free advice about building an extension.
I would advise them that I am not able to do that because I do not have the necessary professional indemnity insurance. I would ask if they would like my company to provide a fee proposal for the works.
Explain what you mean about the term “active listening” . Give an example.
Active listening requires you tolisten attentively to understand what they’re saying, respond and reflect on what’s being said, and retain the information for later. This keeps both the listener and speaker actively engaged in the conversation.
Explain what information you needed in order to prepare the fee proposal at White City.
Scope of service required
Client’s objectives (what are they trying to achieve with my service)
Property details (including location for travel costs)
Potential complications
Company rates
What are the pitfalls of having a technical conversation on the phone?
There is no record of the conversation and things could potentially be misconstrued without being able to see each other. Following an important phone call, I would send a follow up email to confirm what had been discussed and any actions to be taken.
At Court Lane you state that you negotiated the final account. How did you prepare for this negotiation?
Contract was ICD
During the construction period, I had kept accurate and complete records of all relevant information and documents to assist my assessment of the final account.
Following PC, the contractor provided their final account within 6 months of PC and I made my assessment within 3 months which was then sent to the contractor.
The contract did not require me to discuss any disagreeing matters but to minimise disputes, with the client’s approval I met with the contractor to discuss any items where our assessments differed.
I then issued my final account statement.
I see you read Surveying Safely, explain to me one concept / thing you learnt.
The ‘safe person’ concept means that each individual assumes individual
behavioural responsibility for their own, their colleagues’ and others’ health and safety while at work.
At Longfield you discovered there were no safety barriers. Explain what you did in relation to this.
I asked someone to keep an eye on the void from a distance to warn any passers by. I then went to the site manager to report the hazard and they erected a safety barrier and assured me it would not happen again. I also documented the hazard in the Risk Assessment log.
What are the pitfalls of using Dunn and Bradstreet reports?
Based on limited information from business itself or public records
Dependent on voluntary disclosures from companies
Not always up to date
Not a complete risk assessment tool
Name the four basic organisational structures of a business that you refer to.
Functional Structure:
This structure groups employees based on their expertise and the functions they perform (e.g., marketing, sales, operations, finance).
Divisional Structure:
This structure organizes the company around specific product lines, regions, or customer segments, with each division having its own resources and functions.
Matrix Structure:
This structure combines functional and divisional structures, where employees report to both a functional manager and a project or product manager.
Flat Structure:
This structure has a minimal hierarchy, with few management layers and a wide span of control, allowing for more autonomy and decision-making at lower levels.
Succinctly explain the disadvantages of litigation.
- Potentially greater cost If the dispute is not well managed or the other party seeks to delay the proceedings.
- Potentially longer to obtain a judgment
- Proceedings are generally conducted in public
- Judgment are subject to appeal.
What is the purpose of GDPR ?
General Data Protection Regulation (GDPR) was introduced by EU in 2018 to protect the privacy and personal data of EU citizens.
What is the purpose of the Equality Act?
Equality Act 2010 - Its primary purpose is to legally protect people from discrimination in the workplace and in wider society by making it unlawful to discriminate against individuals due to their ‘protected characteristics’.
Give me 2 examples of technologies that comply with Approved Document M
Approved Document M refers to the building regulations in the U.K. that dictates the accessibility and use of buildings.
Technology examples include:
1. Mobility Platform Lifts
2. Smart home technologies (lights, automated doors/windows
3. Adjustable height surfaces in kitchen
Explain how BREEAM is used to assess environmental performance of buildings.
Building Research Establishment Environmental Assessment Method (BREEAM)
Globally recognised scheme to assess sustainability of buildings throughout their life cycle from design to construction, operation, deconstruction and reuse.
Process measures performance against established benchmarks, such as Energy, Health and Wellbeing, Innovation, Land Use, Materials, Management, Pollution, Transport, Waste and Water.
What are the key changes between JCT 2016 and 2024?
Gender neutral language.
Notices can now be served by email.
New Article 7 requires identification of the Principal Designer and Principal Contractor
Epidemic is added as a Relevant Event and an optional Relevant Matter
Changes in law now seen as a Relevant Event and optional Relevant matter
Asbestos, contaminated materials and uxo’s can now be claimed as RE and RM.
Delays - Employer has 14 days to notify contractor of further information required to reach a decision and now have 8 weeks to provide a decision, not 12.
LD’s can’t be claimed if contract terminated
Fluctuations text moved online.
Notification and negotiation provisions are now integrated, not supplemental.
Sustainability provisions are now integrated, not supplemental.
PD and PC now required for Building Regulations as well as CDM regs (previously included)
At Highgate West you split the contract into 11 sections, what were the benefits of this for the client?
Highgate West was a live hospital environment during the works. Splitting the contract into sections allowed the Trust to hand over individual wards at a time, enabling the other wards to stay live until they were handed over to the contractor.
At Leopold Buildings you refer to Loss & Expense - name the heads of claim that you assessed.
Potential Loss and Expense heads of claim must be direct loss and expense and can include:
-preliminaries prolongation costs
-preliminaries thickening costs
-loss of profit
-overheads
-acceleration costs