WARRANTY Flashcards
(120 cards)
case law for collateral warranty
parkwood vs laing o rouke where case wording meant the cw would be treated as a construction contract
explain how assignment might be applied
can arise when one party wants to assign a benefit of the building contract to a third party such as a purchaser/tenant
what is section 106?
A Section 106 Agreement (often referred to as a S106 Agreement) is a legal agreement between a local authority and a developer that is used to secure obligations from developers to offset the impact of a new development.
difference between rics ethics and rules
rules are what you need to follow and ethics are morals which you follow
what is the procurment route on the project your working on?
ours is d&b this was effective as time and cost were ultimately most important, they has limited funding as it was government funding. also time the tenants were due to be housed in December so there was a emphasis on the time. while design quality was an important factor, value for money was preferred
if the design team is novated in a db contract what should the client put in place.
Employer will transfer the Architect and Design team to the main contractor, who assumes full responsibility. The contract should clearly outline the transfer of obligations, risks, and rights from the original party to the incoming party.
case law of change vs design development
Skanska vs Egger Limited. Skanska was responsible for design in ER’s. Dispute arose additional works and whether this was a change or design dev. 2 water maines instead of 1 as shown on drawings. court held for ER’s these could be perfected at a later stage, this was part of the design risk that skanska assumed.
explain how a clients level of construction knowledge influenced your recommendation of a procurement strategy
Clients with significant construction knowledge may prefer a strategy that offers more control and involvement. Traditional Design-Build could be recommended, allowing them to have direct input at different stages, such as design, contractor selection, and construction oversight.Clients with limited construction knowledge may benefit from a procurement strategy that minimizes their involvement in complex decisions like construction management.
when would you use a pqq
ensure they can carry out works// check financial statements so we can do a creditcheck also check there turnover. Organogram for the organisations structure. Check for any h&s record of company. Confirmation of insurances.
purpose of pre-qualification scoring matrix
Preestablished scoring matrix sent out alongside pqq so everyone knows the basis of the scoring. clients use the process for selecting from a pool of contractors to save time and project costs by quickly removing inexperienced or incapable tenderers.
benefits of 2 stage tender
early contractor involvement. client retains control of design. collaborative working to secure subcontract packages. design starts then both stage 1/2 cone before construction starts.
what is submitted as part of the 1st stage of a 2 stage tender
Prequalification and Initial Tender. This stage of the tender is competitive and multiple Contractors submit the following:
-An outline price for the works
-Details of preliminary costs and overheads/profit forecast
-A design and site programme for the project
Upon receiving this the employer will decide on favoured bid and issue a letter of intent/PCSA
stage 2 of 2 stage tender
The Contractor enters into a detailed contract negotiation with the Employer that includes price, programme and contract conditions. During this process, they also create a bill of quantities, final price and final contract with the Contractor.
when to use 2 stage
Two Stage tendering is better suited to projects which are more bespoke and complex in their nature. These are projects where early contractor engagement is important to assist in finalising the design to ensure efficiencies on site in terms of time and cost.Two stage tendering works well with Design and Build Contracts because the contractor works closely with the design team during Stage One, ahead of being appointed as the primary point of responsibility for the design after Stage Two.
dis of 2 stage tendering
The cost of the Pre-Construction Services Agreement is typically a cost not envisaged in the initial cost plan. During Stage Two, the Contractor may hold more power over the Employer than during a typical tender negotiation as the Employer may have no viable alternative to the Contractor in that moment.
diff between single stage tender and two stage
single stage is an all in one submission. client will invite contractor to complete a final tender in response to a projects requirements.
what to include on instruction to tender?
location of works/project programme/deadline of submission/spec and drawings/dealing with errors process/PCSA/form of tender
how to deal with errors in tender
tenderer advised of errors and given opp to coreect genuine errors or withdraw
how to conduct tender analysis and what to include in tender evaluation report.
Compare to specification check if there is any outliers. Check if they are capable of carrying out the works then do the recommendation and make yours.
Tender report to include executive summary, intro, brief scow, mid terms interviews then make the recommendation.
How would you deal with a front loaded BQ?
Contractors may front-load costs in order to maximise their revenue early in a project by assigning overstated values to the preliminary elements of the work. Can be avoided by comparing competing bids to determine whether individual tenderers have submitted excessive prices for certain aspects or stages of the works.
front loaded BQ? example
For example, a contractor might front-load costs for preliminary construction work such as services diversions, demolition, setting out, groundworks, piling, and so on.
How can you ensure competitive prices are obtained at the 2nd stage of a Two Stage Tender?
–Conduct thorough market research to understand the prevailing market rates –
–Benchmark against similar projects. Ensure that only qualified and capable bidders participate in the second stage, leading to more competitive offers.
–if prices seem high engage in negotiations to achieve better prices.
What are the disadvantages of Open Tendering?
ads- no sense of favouritism/give opp for capable firms you might not have on the list.
dis- risk lowest tender is inexperienced or lots of errors. no guarantee lowest is capable of financially stable
how many tenderers would you include on tender list
the number of tenderers to include on a tender list can vary depending on the project’s size, complexity, and market conditions. 3-6 is ideal less then 3 might not ensure enough competition and more then 6 the process can become less efficient.