Sample Exam Questions

1. Programme and Procurement

Using each the following criteria compare and contrast ‘Traditional’ procurement
with ‘Management Contracting’ procurement:

a. Appropriateness for projects of various capital values

b. Appropriateness to client and project types
c. Cost certainty
d. Control of design and specification
e. Control of programme and sequence
f. Ability to manage changing requirements
g. Contractor input to the design process
h. Apportionment of design liabilities
i. Suitability for complex projects
…plus any other criteria you believe are appropriate.

A tabulated approach is often the easiest way to convey the key ingredients of the
question ie compare and contrast, perhaps scoring each option against the criteria.

a. Could argue it either way but according to NBS research Trad tends to be used on
smaller jobs (less risk, less experienced clients, separate design and construction
phases.).

b. Depends on certainty of client requirements and skills of client

c. MC uses approximation of cost, Trad fixed price

d. Little to choose unless early start or predicable change is a factor, although MC

allows progressive development

e. MC allows closer control via package procurement

f. Ditto, but Trad has cost control tools for valuing variations

g. Design and Manage (with GMP)? CDPS, Specialist (design) Subcontractors

h. MC design liability? Only design subcontractors; CDPS for Trad.

i. Depends on the client and the design approach.

 Hopkins liked it as every element was bespoke - on Bracken House the
client insisted on JCT80 and used 45 Nominated Subcontractors!
 The newish specialist subcontractor supplement might help...?
 Alternatively complex configuration using standard elements could be
either.
2. JCT Standard Building Contract – Handover

You are the Architect and Contract Administrator for a new theatre project that is
running significantly behind programme. The first performance in the theatre is
the Christmas Pantomime which is due to start in 2 months’ time and is sold out
already. The contractor is predicting completion in 4 week time but you have
your doubts as they have consistently missed other deadlines.

Your client is putting you under pressure to certify Practical Completion as soon
as possible to allow the theatre to make preparations for the pantomime. Clearly
stating any assumptions made about the project, discuss how you would advise
your client, what alternative strategies there may be and what steps you would
take in preparation for the handover process.
[20 marks]

3 parts to question:

a. State Assumptions: Why is it behind programme? Do not assume the contractor is

at fault!!! Assumptions influence answer.

b. Discuss options & strategies: Practical Completion v Partial Possession their

differences and what they mean. H&S of PP eg access? Definition of area (and what
could you operate without – perhaps rehearsal rooms for instance?). Instruction to
accelerate the works (and associated risks). Review programme and the work to be
completed with the contractor and team to understand the validity and deliverability
of his predictions (but beware of taking on extra liabilities for contractor
performance).

c. Inspections by team, commissioning, training, building control,

licencing, etc
3. Statutory Regulation

Set out and discuss the various legal agreements and constraints that may be
encountered or required on the following projects:

 A former industrial and warehousing quayside site, to be developed as a

new football stadium.
 An extension and refurbishment of a historic building in the city centre
currently housing a firm of solicitors, for a new hotel development.
 A previously undeveloped private golf course, to be developed for residential
uses.
[20 marks]

Many of the issues are common to each. Answer could therefore discuss each of the
following and then apply them the circumstances described above, eg.

 Easements and Covenants

 Listed building consent
 Change of Use
 Section 106, 56, etc.
 Contaminated land
 Statutory consultation (EA, EH, Public licencing)
 Local Planning Listed
 Frameworks, etc
4. Cost v Quality

Design and Build procurement is often categorised as being a cost driven

process that is very much at the expense of design and specification quality.
Discuss the following:
a. Why this might be the case?
b. Why has Design and Build procurement become so popular?
c. Methods that may be used to ensure that the single driver of cost does not
dominate all design and specification related decisions on such projects?
d. How Public and Private Sectors might differ in respect of their attitudes and
approach to Design and Build?
[20 marks]

No division of mark is indicative of the need to demonstrate a rounded and coherent

answer.

Discussion that addresses each of the points in turn, ref to risk, design
liability, argued well, examples provided, application of specification &/or
drawn control, ref to etc

a. Why: Contractor motivations (and historically: poor ER’s)

b. Popularity: Transfer of risk (HA’s like it due to need to fix budget), Design
Liability, Perception that cheaper (or is it more expensive?)
c. Methods: develop design with detailed spec (VFM approach to ER’s?), then
novate (to provide continuity of thinking, provided someone can interpret CP's
for compliance with ER's; Chinese wall perhaps), retained services/inspection
reporting
d. Differs: Less clear cut – discussion required (eg funding rules, contingencies,
pressure to achieve VFM as opposed to cost certainty). Ref to willingness to
manage risk, project experience of managing design and procurement
5. JCT Standard Building Contract

a. Discuss the purpose, operation and consequences of the following clause

from the JCT Standard Building Contract with Quantities SBC/Q.

Clause 2.27.1: “If and whenever it becomes reasonably apparent that the
progress of the works or any Section is being or is likely to be delayed the
Contractor shall forthwith give written notice to the Architect/Contract
Administrator of the material circumstances, including the cause or causes of
the delay, and shall identify in the notice any event which in his opinion is a
Relevant Event”.
[10 marks]

b. Discuss the context and function of ‘Relevant Events and ‘Relevant Matters’
and identify the distinctions between them.
[10 marks]

a. Manage the time risk and protect the parties, manage responsibilities,

b. Define circumstances, provide notice and visibility, requirement to provide

evidence.

 Read the contract…

 RE = Events that may give rise to time compensations
 RM = Events that may give rise to financial compensation
 Use examples to illustrate.
6. CONTRACT ADMINISTRATION - JCT Minor Works Building Contract 2011

You are the Architect & Contract Administrator for a refurbishment project. During
the initial stages of the project the Contractor informs you that they have found
what they believe is asbestos.

a. With reference to the Contract, outline the actions you would take and
discuss the contractual implications.
[10 marks]

b. Later in the project you are carrying out an inspection of the works and you
find that the tiling installed is not the type you had agreed with the client.
Describe your actions, with reference to the contract.
[10 Marks]

a. Clause refs within MW 2011 (instruction, delay, extension of time, liquidated

and ascertained damages, loss and expense?), explain their meaning, refer to
Relevant Events, Notice to HSE, CDMC, instruction to stop work (at least in
the area concerned) and verify the material found, instruction re consequential
action, etc

b. Check what was agreed with the client. Check what was spec’d. Don’t
assume it’s the contractors fault (adopt defensive posture if not). Discuss
actions with client. Options AI to rectify your error, accept what is installed?
Clause refs re compliance. Discuss how SBC might be different?
7. Legal and Regulatory Framework

a. Describe the distinction between the legal terms and context of the laws of
‘Contract’, ‘Tort’ and ‘Statute’ giving an example of each.
[6 marks]

b. Construction projects can be complex and at times disputes can arise.

Describe the methods available to resolve such disputes, the operation,
consequences and circumstances appropriate for each.
[7 marks]

c. Outline how the topics in a. and b. above may influence the Architects
appointment.
[7 marks]

a. Distinction
 Contract: duties and rights created by the express terms of the contract.
Eg Compliance with AI’s. Offer, acceptance, consideration - an agreement.
Duties owed to other party as defined by express and implied terms
 Tort: (breach of) duty owed to/rights of persons in general, Common Law
arising from case law, eg negligence, trespass, libel
 Statute: Laws created by Parliament. eg CDM Regs, etc

b. An answer as a table would be great, for eg Operation, Consequences,

Circumstances (see lecture notes etc).
 Negotiation: Informal discussions Quick and easy. Non-binding. Basic day
to day disagreements
 Mediation: previously RIBA Conciliation Service
 Adjudication: right under Construction Act
 Arbitration: private, historically popular in professional
contracts/construction
 Litigation: public

c. Discuss the influences:

 Part Contract Law (it is a contract, express and implied terms), part Tort (eg
duty of care, liability very limited), part Statute eg ref to Construction Act
 Inclusion of refs to method of dispute resolution cited in RIBA Appointment
and relevant
8. Intellectual Property

a. Explain how the intellectual value in architectural design work is protected by

the law, and the different ways this might be interpreted in the terms of an
appointment for provision of architectural services.
[6 marks]

b. Your practice designed a bespoke house for a local private client that was
built several years ago but your firm’s fees were not paid in full as your client
became bankrupt soon after the project was completed. You have recently
become aware that a number of very similar houses have been built in
nearby villages. You recall that one of your technologists, who worked on
the project, left your practice a couple of years ago and set up an
architectural design business.

Set out the investigations you would make, the scenarios you might
discover, and the steps that would be appropriate in each case.

a. Reference to Intellectual Property Rights, Copyright Law, nature of

appointment clauses such as Copyright, Licences, etc and what they typically
make reference to. Subject to fees? Transfer v licence.

b. Discussion – no right or wrong. It is your judgement that is being tested.

 Reference to office files (ie compare design, check appointment terms
in respect of licence).
 Visit the properties?
 Meet the owners/developer?
 Establish who are the ‘designers’ of the other properties. (Reference to
Planning and/or Building Control Submissions?).
 Consider the value of pursuing someone – what are you likely to gain?