Assessment II: Practice Tools & Techniques

In this assessment item you will develop two 500-word responses on topics selected from a number of potential topics as discussed over academic weeks 5, 6 and 7.

Instructions

1. Download the Word format file from Canvas, Assignments, Assessment II: Practice Tool & Techniques
2. Type in your Student number and name at the top of the form.
3. Review the topics and select two to respond to.
4. Write a 500-600 word response to each of the two selected topics.

To note:

• All topics have multiple parts and the total word limit is the total all parts.
• Please respect maximum word count limits: exceeding word limits will not earn higher marks.
• Do not respond to more than two topics.
• Notes for direct citations should only reference the relevant source and are to be included at the bottom of the relevant topic area and do not count toward the word limit.  Reference style is open.

• Save the completed file in pdf format as a single file.
• Submit the file to Canvas by the deadline.

Assessment Criteria

Written responses will be assessed holistically against the following:

• Demonstrated understanding of relevant content
• Depth or development of discussion
• Clarity and logic of the response
• Appropriate standard of writing (coherent sentence structure, grammar, spelling, punctuation)

Possible Topics to Choose From:

1. Consultancy stages
2. Contracts
3. Consultant Fees
4. Superintendence, Contract Administration
5. Intellectual Property

Topic A: Consultancy stages

In week 5 we discussed traditional design consultancy stages

Name the traditional stages as discussed that week.

Now list specific sub stages and design consultancy services for each of the traditional main stages and in order of traditional project progression.  You may wish to add to those services discussed together to reflect your own understanding and or discipline/specific conventions.

What does novation mean in the context of a consultancy contract for built environment professionals?

In week 6 Graham discussed several forms of traditional and non-traditional contractual arrangements used in the procurement of built environment consultancy services. He referenced specifically AS 4902 (2000) General Conditions of Contract for Design and Construct and some variants.

Under AS4902, assuming a Design Develop & Construct variant, at what stage do design consultants get engaged by the Project Manager?

What are some key differences of the Project Manager’s role between Design and Construct and Design, Novate and Construct?

500-600 word limit

Topic B: Contracts

What are the contractual issues raised by the following scenarios in a private office:

You are a design consultant send a client an offer to do some work and the offer is accepted, except for one small part of the offer.  What issues are raised?

A client accepts your offer by phone.  Is this a contract? If not, why not? 

You are the superintendent for a landscape sub-contact between a landscaper and a builder.  One of the builder’s other sub-contractors/subies digs a trench through some completed landscape work, causing extensive damage.  How does it get fixed and who pays for it?

You are the main professional consultant and superintendent for a construction project. The contract between the contractor/builder and the client includes a requirement that invoices will be paid within 14 days. The contractor/builder informs you that it is 21 days since they presented their invoice, they have yet to be paid, and so they will stop work tomorrow.  They are prepared to resume their work when they receive payment. What is the legal position of the client? What is the legal position of the contractor/builder?

500-600 word limit

Topic C: Consultant Fees

In the week 5 lecture, three traditional approaches to charging for consultancy services were discussed and a method for calculating consultancy fees was described. Name the three traditional charging methods and describe their differences.

Assume you are founding director of a small multidisciplinary design consultancy firm. A client has asked you to provide an hourly rate to undertake an unspecified number of design studies.  You nominate a recent hire to your office and the following assumptions are in place in your business plan:

Gross salary of nominated staff: $60,000

Office multiplier for this level of staff and this type of service: 2.5

Office assumption of 1500 productive hours/year

Using the method for calculating hourly charge out rates provided in week 5, what is the office hourly charge out rate for the nominated person?  Please show how you arrived at the number.

For another client you are calculating consultancy fees on a percentage scale basis for an addition to an ex-government house including landscaping in which the consultancy team is providing traditional full services. Assume the following project elements:

Project construction cost: $600,000

Consultant team fee: 12%

Fee scale percentages by consultancy stages: Design 30%, Documentation, 40%, Implementation 30%

What is the fee earned through the end of Documentation?  Please show how you arrived at the value.

A third project for a small beach house has just come into the office and has a project construction cost budget of $1,200,000. Would you use the same consultant team fee used for the addition to an ex-government house to calculate a percentage scale fee basis for the beach house?  If not, why not and would the percentage fee be greater or lower and why?

500-600 word limit

Topic D: Superintendence, Contract Administration

We discussed contract administration and  superintendence in weeks 5 and 6 and relationships between design consultants, clients, and contractors/builders. We also distinguished between main and specialist design consultants as well as main contractor/builder and subbies (or sub contractors/builders).

What are the differences between Possession of Site and Access to Site?  Which parties does each apply to? At what stage of the project does these apply?

What are the differences between Practical Completion, Substantial Completion, Handover, and Final Completion? Which parties does each apply to?

What risks does a Contractor Administrator manage from the start of the construction tendering process to the end of the Statute of Limitations period?

With what tools or conventional techniques does a Contract Administrator use to manage

1. Money
2. Time

The construction project is in the ACT.  The contractor/builder has successfully achieved Final Completion.  What happens now?  Are there differences between non companies and companies?

Topic E: Intellectual Property

We discussed various understandings of property for built environment professionals in week 7.  This included a discussion of intellectual property

Name and describe the five different area of intellectual property discussed in week 7 and their relevant legislation.

Imagine  you are working as a professional in your respective disciplines, pick at least one and no more than two of the areas of intellectual property identified above and describe where it will be important in protecting your rights.

What rights does copyright law give to the owner of the copyright?

Who owns the copyright of work produced by the following parties?

1. An employee
2. An independent contractor
3. A sub-contractor