Paolo Fang - 21/08/10
Please below the questions from the latest examination short paper - Wednesday 26 May 2010
Please feel free to comment the answers.
MANAGEMENT OF CONSTRUCTION
3.a Briefly describe the difference between Management Contracting and Construction Management.
answer: the distinction between MC and CM lies in the degree to which the client accept to enter into a direct contractual relationship with the work/trade contractors.
In MC contractual relationship is through the manager contractor.
In CM the client appoints directly the work contractors.
3.b Your project has reached Practical Completion under JCT SBC05 contract: what documentation will you issue what are the consequences?
answer: the Architect/Contract Administrator issues a Certificate of Practical Completion. It's the start of Liability Period, half of the retention fee is released to the contractor.
3c. What is a Performance Bond?
answer: a Performance Bond is a Contractual Arrangement between the Employer and a 3rd Party called Guarantor. Under this agreement the guarantor will pay a certain amount of money to the employer if the Contractor won't be able to perform his obligation under the terms of the building contract.
Paolo Fang - 21/08/10
3d. Describe the difference between patent and latent defects.
answer: a Patent Defect is a defect discovered during the reasonable exercise of due diligence by the professional while the Latent Defect is a concealed defect in the workmanship or design not immediately visible.
3e. What are LADs, on what are they based and how are they deducted?
answer: liquidate damages refer to a reasonable amount of money due to the employer by the contractor because of late completion. LADs are stated in the contract particulars and the payment is due after the issue of Non-Completion Certificate
Paolo Fang - 01/09/10
PRACTICE MANAGEMENT AND BUSINESS ADMINISTRATION
4a. You are considering going into partnership with a colleague. List the issues you consider should be incorporated into an agreement.
answer: amount of capital provided by each partner, duties of partner, portions of profit or losses between each partner
4b. What is a RIDDOR?
answer: Reporting of Injuries, Diseases and Dangerous Occurrences Regulations is a legal duty for the employer to report an accident to the HSE.
4c. The HGCR Act 1996 grants three important rights in relation to a party's entitlement to payment- list them
answer: all construction contracts have to contain certain payment provisions such as: (compulsory payments by installments(?)), Paying party must specify to the payee the amount of each payment and the basis on which it has been calculated, withhold payment by the employer must be made under written notice at least 7 days before the due payment date and ground of such withhold has to be specified.
4f. Your practice has insisted that you increase your working hours in the view of their increased work load.You are reluctant to do so as you are preparing for your Part 3 Examination. What are your rights and under what legislation?
answer: Under the EC working time Directive 93/104 the Maximum Weekly working time is 48 hours. The employee is entitled to receive up to 4 weeks annual paid leave.
Paolo Fang - 23/08/10
THE CONTEXT OF PRACTICE
1a. The duties of the ARB are contained within the 1997 Architects Act which covers five main areas: list four of these.
answer: updating Architect Register, investigate complain about architect's conduct/competence, set standard for education, decide qualification needed to become an architect.
1b. What is the role of an RIBA Client Design Advisor?
answer: the RIBA CDA is an independent professional advisor with experience in construction, specially trained to maximize the quality and the value of construction project.
1c. What are the three principles of the RIBA Code of Conduct?
answer:integrity, competence, relationship
1d. What is the role of the Environmental Agency?
answer: EA is a no-departmental public body with the aim to protect and improve the environment and to promote sustainable developments.
1e. Under the Public Sector Directive and Public Contracts Regulations 2006, contracts have to be advertised throughout the EU, however there are three exceptions to these rules- what are they?
answer: 1.contract water, energy, transport and postal service, 2.telecommunication, 3. secret or security measures required
1f. List the primary planning legislation including that related to listed building/conservation areas.
answer: Town and Country Planning Act 1990 - Planning (Listed Building and Conservation Area) Act 1990 - Building Act 1984 - Fire Precaution Act 1971
Paolo Fang - 23/08/10
THE MANAGEMENT OF ARCHITECTURE
2a. What is a BREEAM and what dose it apply?
answer: Environmental Assessed Method for buildings. It sets the standard for best practice in sustainable design and it's used to describe a building environmental performance.
2b. Under the Party Wall Act 1996, what is the role of the 3rd surveyor and at what stage is he/she appointed ?
answer: the third surveyor is appointed when the client's surveyor and the adjoining property's surveyor don't reach an agreement. His role is to 'settle the dispute'.
2c. What means are available to a Local Planning Authority to prevent the continuation of a development which is in breach of planning control?
answer: the LPA can issue an Enforcement Notice to stop the development which is in breach of planning control.
Paolo Fang - 02/09/10
2d. Give three examples of easement.
answer: right of light, right of way, right of support.
2e. What is a section 106 Agreement?
answer: S 106 of the TCPA 1990 is an agreement between the developer and the LPA. The developer provide infrastructures to mitigate the impact of the proposed development to the local community. eg. Westfield Ltd has provided a new library with the new Shopping Centre in Fulham and Hammersmith Borough Council.
2f. Wha is an SPV? Also briefly describe its function.
answer: Special Purpose Vehicle is a legal entity created to fulfill specific objective. The main financial reason behind its creation is to reduce the risk.
http://www.alway-associates.co.uk/legal-update/article.asp?id=68
Paolo Fang - 02/09/10
