Professional

Engineering
for Civil/
Structural
Exam Notes
 Law

Offer
Offer​ = a ​clear and unambiguous ​statement of the terms upon which the offeror (person
making the offer) ​is willing to contract​, should the person(s) whom the offer is made
(offeree) decide to accept
A statement without​ intention​ to give rise to a bonding contract is ​not an offer
Invitation to Treat​ = pre-discussion before offer is formally made.
Eg. Goods on shelf are not offers but invites to treat

Advertisements
Is an advertisement an offer? ​– Courts decide what an ‘objective person’ would have
understood to be an offer
Advertisements can sometimes be interpreted as an offer
Eg. Sales ad which prompts people to queue for hours (new iPhone)
Unilateral Contract ​must exist!
This is where one party promises something for an action of another party (eg. Payment
for returning a lost dog)
Promiser​ is bound to pay but ​promisee​ is not bound to search
(eg. First 100 customers get a free doughnut)
Eg. - Pepsi Co. (US District Court for NY), 1999 – ‘Pepsi Point Case’
· John Leonard sued Pepsi
· 7,000,000 pepsi points = jet that Pepsi shoed in ad
· Pepsi argued as humour
· John had 15 pepsi points, paid $0.10 for remaining points as permitted by contest
rules
· Conclusion = Advertisement with Jet was ​not an offer
· If offer – no reasonable person could have seriously believed Pepsi
· Fell under Statute of Frauds – requires written contract agreement
Tenders
Generally, Invitation to Tender = Invitation to Treat
(eg. Advertisement requesting tenders/ deal business)
However, Tenderer makes assertion that contract awarded to certain category of tender
(eg. Lowest bidder)
May be interpreted as a ​unilateral contract
Acceptance ​= final expression of agreement to terms of offer
Eg. – Smart Telecom vs RTÉ & Glanbia
· 4 parties interested in tendering deal to sponsor weather
· Telecom gave a referential bid of 5% on top on top of highest bid
o ​Rang RTÉ and offered this on top of their sealed bid
· Glanbia had highest sealed bid -> Referential bid considered ​invalid

Condition, Warranty, Innominate Term

Three classifications in terms according to their importance

Condition
Fundamental terms of a contract breach which allows innocent party to:
· Sue for damages
· Terminate the contract
Regardless how trivial breach is!
Eg. – Moore & Landauer
· 3,100 tins of peaches ordered (described as packs of 30)
· Arrived in packs of 24 – correct amount in total was there!
· Entitled to reject goods as not as described
Warranty
Less important term
Remedy for breach of warranty is claiming for damages only – contract not ended

Innominate Term
Looks at effect of breach – questions whether innocent party is deprived of the benefit
Criticised for eliminating certainty
Eg. – Hong Kong Fir Shipping
· Ship hired for 2 years – was to be sea worthy for that duration!
· Engines and crew = incompetent -> out for 5 weeks and further 15 weeks
· Contract breached
o ​Was pointed out that seaworthiness ≠ contract condition
· 20 weeks of 2 years did not substantially deprive defendants of whole benefit
o ​Not entitled to repudiate (​refuse to accept, reject​) contract

Implying Terms into Contract

Parties don’t often cover all eventualities
Courts apply tests or look at external sources (legislation/ trade custom) to cover

Officious Bystander Test:

· Determines if unexpressed condition was implied at the time
· Hypothetically decide what the response would have been if a nosy bystander had
asked ​“Do you intend to include the term X in your contract?”
· If answer would be yes -> X is an implied term!
· Not necessarily implied if logical/ reasonable at time

Business Efficacy Test

· Used to fill an obvious gap based on the presumed intention of parties at the time
of entering contract
· If contract makes business sense without bterm -> term not implied
Eg. – Moorcock Ship
o ​Moorcock Ship moored in River Thames (tidal river)
o ​Tide went out, ship damaged from touching river bed
o ​Claimant sought damages
o ​Defendant argued no provision in contract regarding quality of sea
bed
o ​ hat the River bed would be safe
​Court ​implied term of contract - T
Europe & Tort of Negligence
European Union Law
· Ireland joined EU in 1972
· EU now has supremacy over Irish law – ​Article 29.4.10
· EU institutions can legislate in agreed areas of competence
o ​Regulations​ – automatically binding in member states
o ​ irectives​ – requires National legislation to implement defined
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principles in a defined timescale
· Treaties establish the European Court of Justice ​(ECJ)
o ​ECJ interprets EU law -> decisions binding on national courts
o ​ an appeal to ECJ where national courts have failed to apply EU law
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correctly

Ministries & Regulations

· Oireachtas may delegate to legislators – ​Article 15.2.1
o ​Usually delegated to relevant ministers
o ​Principles & Policies of delegated legislation must be set out
· Must be consistent with principles & policies set out in primary ‘empowering’ act

Tort Law

Tort of Negligence
You owe a duty to other persons to take a reasonable care not to cause them injury.
Must be defined/ limited
Neighbour Principle
· You must take reasonable care to avoid acts/ omissions which you can reasonably
foresee would be likely to injure your ​neighbour
· In law – who is my neighbour?
 o ​ hose so closely or affected by my act that they are in my
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contemplation when I’m thinking about the acts/ omissions in question

Elements of Tort of Negligence

Duty of Care
· Risk of causing injury must be reasonably foreseeable
· Subject to harm must also be reasonably foreseeable
o ​ g. A driver owes a duty to other road users. Must not behave in a
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manner that causes danger to others (do not drink and drive)
· Law imposes a duty of care unless not justified and reasonable
o ​Eg. Medical Duty of Care
● Doctors care to patient with ‘special relationship’
● If doctor is in a restaurant, someone starts choking, no obligation to
help
● If he does decide to help -> he owes a medical duty of care
● Opens himself to malpractice/ negligence if something goes wrong
Loss or Damage
· For breach of duty -> must be a quantifiable loss
o ​No loss/ injury = no action lies
o ​Must be proven to be legitimate
§ Expert proof required for mental & emotional damages
o ​Eg. Drunk Driver
● Has a car crash, other driver suffers injury due to the negligence
● If no physical, mental/ emotional damage -> no tort!
● These damages must be proven if have occurred
Standard of Care
· Duty imposed is to take reasonable care to avoid foreseeable harm
o ​No defence to say “I did my best” -> Not a standard of perfection
· Courts examine circumstances to determine standard
o ​High probability of harm = greater level of care
o ​If Cost of reducing risk = small and Potential harm = great
● Could be a factor if conduct was unreasonable
Pure Economics Loss
· Economic loss unaccompanied by physical damage
Casual Connection
· Must be factual/ scientific connection between act complained of and loss/ injury
suffered

Tort of Nuisance
Causing a nuisance is a tort in English law, and nuisance can be both private and
public.
Private Nuisance ​– Unreasonable interference with another person’s use and enjoyment
of their property
Arises in 2 Ways:
· Physical injury to land/ persons occupying land
o ​Damage from spreading of roots
o ​Blasting, vibrations, dust, fumes, sewers
· Interference with use of enjoyment of land
o ​Noise, dust, vibrations, fumes
o ​ ourt regards character of neighbourhood to decide if interference is
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a nuisance
+ EG.’S IN CONSTRUCTION

Sources of law in Ireland

The Constitution
· Primary Source of law in Ireland
· Establishes state + 3 principle organs of state
· Vested by Oireachtas – Article 15.2.1
o ​Legislation in Constitution states this”
The Common Law
· ​Article 50​ allows for continuation of pre-constitution laws
o ​Once they are consistent with constitution
· Much of modern laws derive from ​British Common Law System
o ​System of rigid rules derived
o ​Eg. Principle of Negligence
European Union Law
· Ireland joined EU in 1972
· EU now has supremacy over Irish law – ​Article 29.4.10
· European Court of Justice ​(ECJ)
o ​ECJ’s decisions binding on national courts
o ​ itigants can appeal to ECJ where national courts have failed to
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apply to EU law correctly
 Environmental Appraisal
Filled Lecture Slides:
https://drive.google.com/file/d/1PgpunU7Xtrq4hf5pDwm5b6zL6oxANRrz/view?usp=sharing

Main Environmental Assessment Processes

● SEA
● EIA
● AA

SEA - Strategic Environmental Assessment

Helpful video on SEA - https://www.youtube.com/watch?v=KTHKqx-C_C8

What is the SEA?

The SEA directive, adopted in June 2001 is an important tool in integrating

environmental concerns into plans and programs developed by the public
sector.

Where is the SEA incorporated?

National Plans:
- National Development Plan
- National Spatial Strategy
- National Mitigation Plan

Regional/ County Plans:

- County Development Plans
- Local Area Plan

Why do we do SEA?
 - To help protect the environment and promote sustainability
- Promote participation of stakeholders
- Focus on key environmental/ sustainability constraints
- Integrate environmental issues into decision making
- Minimise negative impacts on the environment and promote positive
ones.
Stages in SEA:

1. Screening
2. Scoping
3. Environmental assessment & reporting
4. Consultation
5. SEA statement
6. Monitoring program

Main plans SEA prepares for:

- Waste management
- Forestry
- Energy
- Town and Country planning
- Water management

… many more plans also but overall plans and programs which are subject
to preparation or adoption by an authority at national, regional or local level;

SEA Alternatives:

Alternatives are at the heart of SEA.

Alternatives hierarchy:
– Is the development necessary? If so……
– How should it be delivered? (technical and policy options)….
– Where should it go?
– Timing and detail.

The SEA Environmental Report:

The findings of SEA are expressed in an Environmental Report;

– Outline of the contents and ​main aims​ of the plan

– List of relevant environmental ​protection objectives
– Baseline description / any ​existing environmental problems​ in the
area
– Likely significant​ environmental effects​ + proposed mitigation
measures – Reasons for choosing preferred alternative strategy
– Description of ​proposed monitoring measures

EIA - Environmental Impact Assessment

Definition:
Environmental Impact Assessment (EIA) is a systematic evaluation of
potential effects of a proposed development, before development takes
place.
Purpose:
Identify potential negative effects so that they can be mitigated at the
design stage.
Principle of preventing rather than trying to cure environmental damage.
EIA processes:

1. Screening
Is EIA required?
Threshold - size, nature & location
Above = EIA required (BIG projects)
​ e required
Below = IIA ​may b

2. Scoping
Key Environmental Issues?
Takes input from developers, local authorities and interest groups
> ensures priority issues and concerns are identified
Eg. Geology = mining, quarrying
Ecology = SAC’s (Special Area of Conservation) & SPA’s
(Special Protection Area)

3. Preparation of EIS (Environmental Impact Statement)

Impacts, Alternatives, Mitigation
Includes description of:
● Project and alternatives
● Current Environmental situation
● Factors likely to be significant for project
● Effects - direct, indirect, secondary, short term, long term,
positive and negative etc.
● Forecasting methods or evidence
● Potential effects deriving from vulnerability of project to risks of
major accidents and/ or disasters
● Mitigation & Monitoring measures
● Non technical summary
● Reference list

Impact Assessment:
- Assessed by Planning Authority
 - Review quality and completeness of study
- Assess whether or not third party observations are
necessary
- May request further info on effects on environments

4. Consultation & Engagement

Public, NGO’s (Non-Government Organisations), Statutory Agencies
(make submissions)

Stakeholder Engagement
Stakeholder = Someone w/ specific interest in any aspect of society/ environment that might be
impacted by a Plan
Public consultation and involvement = very important
Must involve public​ by Law ​(Planning & Development Act and
SEA/EIA Legislation)

3 Levels of Engagement
1. Information - giving info
Website, info letters, newsletters, presentations
2. Consultation - asking for advice
Focus Groups, Questionnaires, Open Forum, Workshops
3. Participation - involving people
Resident/ Management Groups, Training Seminars, Education Programmes
*Must identify suitable realistic levels of involvement for each stakeholder

5. Evaluation by Competent Authority (Planning Permission)

- Local Authority makes planning decision - they can ​grant/ refuse​ it

- Decision may be appealed to Planning Appeal Board (Bord Pleanala)
> They take into account the:
- EIS
- Local Authority assessment of EIS
- Third Party contributions
 AA

When apply Appropriate Assessment Plan? (2014/15)

Appropriate Assessment (AA) is applied at both ​plan​ and ​project level

e.g a City Development Plan, motorway, incinerator.
> In very environmentally sensitive areas
> Legislation requires an assessment in terms of biodiversity, flora & fauna

List hierarchy of mitigation (2014/15):

1. Avoidance - Addresses problem at source. Prevent significant

impacts from happening in the first place e.g motorway route
selection to avoid natura site.

2. Reduction - reduce the magnitude and/or the likelihood of an impact

e.g noise barriers, waste barriers - ‘end-of-pipe’ solution.

3. Compensation - Impacts that can’t be mitigated (residual imacts).

Provide a new benefit to balance out the impact e.g felling of trees -
replant new trees outside boundaries.

4. Remediation - seeks to improve the adverse effects by carrying out

further work to restore environment.

Four examples of development types for mandatory EIA (2014/15):

Large project/plans usually

EIA required when project exceeds predetermined threshold

1. Industrial estate projects where the area would exceed 15 hectares.

 2. Oil gas pipelines exceeding 80km in length.

3. Urban development projects which would involve an area greater

than 50 hectares in the case of projects for new or extended urban
areas and an area greater than 2 hectares within existing urban
areas.

4. Wastewater treatment plants with a capacity greater than 10,000

population equivalent.

Even sub-threshold developments such as environmentally sensitive area

in terms of features of interest - EIA may be required.

Bodies in Strategic Environmental Assessment Process (2014/15):

● Environmental Protection Agency.

● Department of the environment, community and local government.
● Department of Communications, Energy and Natural Resources.
● Department of Agriculture, Food and the Marine.
● Department of Arts, Heritage and Gaeltacht.

Potential question - with a case you have studies discuss what

environmental mitigations you have planned

Environmental Assessment Summary:

Stages SEA EIA AA
(Strategic Environmental (Environmental Impact (Appropriate Assessment)
Assessment) Assessment)

1
2
3
4
5
 Professional Engineering
Objectives:
● Aim of achieving “value for money” in the execution of
construction/building projects.
● Idea of what value for money is varies depending on client and
determines chosen method or procurement.
○ “Procurement” = the process of choosing a contractor for
execution of construction project.

Traditional Methods:
● Characteristics:
○ Separate Design and Contracting Team
○ Design predefined before contractor is involved with little scope
for change.
○ Main evaluation criteria = ​tendered cost
■ Value for money = Lowest Tender

● Advantages:
○ On small/simple well defined​ projects has the potential to
provide value for money.

● Disadvantages:
○ Scope/design change both costly in terms of time & money
○ No opportunity to utilise contractors experience.
○ Adversarial - no team effort between construction and design
teams.
Forms:

● Lump sum​ (fixed price contract) - Under a lump sum contract, a

single 'lump sum' price for all the works is agreed before the works
begin.
■ No re-measure allowed
■ Tender includes drawings/specifications.
■ Design must be fully developed
● Not good for scope/design changes
● Dispute potential - Tender information deficient

Contractors agree to execute the ​work​ for a stated total sum of

money. Lump sum contracts are generally appropriate where the
project​ is well defined when ​tenders​ are sought and significant
changes to requirements are unlikely. This means that the contractor
is able to accurately price the ​works​ they are being asked to carry
out.

● Re-measure contract
○ Design well advanced - not as much as Lump sum
○ BOQ priced by contractor
○ More flexibility with design/scope changes - valued by reference
to rates in BOQ
○ Can be large variance between ​Turn Out​ cost and ​Tendered
Cost

Measurement contracts are generally used in situations where the

design can be described in reasonable detail, but the amount cannot.
For example, excavation ​works​ where the quantity of ​excavation
required is difficult to assess until after the ​works​ have begun. The
 contract sum​ for measurement contracts is not finalised until the
project is complete. At this point it is assessed on based on
re-measurement of the actual amount of ​work​ carried out.

● Design and Build

○ Contractor takes design risk
○ Can go to tender early - no need for full design
○ Evaluated on - ​Tender cost

● Advantages
○ Less potential for claims on design change
○ Design and Construction team integrated
○ Potential to deliver cost/time certainty

● Disadvantages
○ Clients have less control of design process
■ Performance criteria and specifications must be well
defined before tender.
■ Little to no consideration for running/ life cost
● Often premium is included in tender sum for design risk
○ Value for money?
● Most of expense is preparing for tender

2017/18 Question 3:

What factors should be included when considering the true value for money
offered by the delivery of a project in a particular way? (2017/18)

What constitutes value for money in a particular circumstance/for a

particular client may vary and can determine the chosen method of
procurement. The traditional methods of construction/building contracts
evaluated the concept of “value for money” under the criteria of ​tendered
cost​, with value for money often being established as the lowest tender
price. While traditional contracts such as ‘​Lump sum​’, ‘​Re-measure​’ and
‘​Design and Build​’ provided the cheapest initial tender costs they often
provided little to no scope for design changes and in the event of such
changes there is often drastic monetary and time costs.The Out-turn costs
often very significantly in excess of original tender sum. There is often
focus on initial capital outlay with little consideration of the whole life cost.
The value for money must therefore factor in the running and maintenance
costs of the structure over its life as well as initial capital outlay. The
involvement of the contractor earlier, ideally before the submission of
planning applications provides value for money through the better planning,
integrated design and construction.

Discuss the circumstances where each of the following forms of

construction contract may deliver ‘value for money’ and give examples of
where each of them may be used: “DBOM”, “DBFOM” and “Concession
Contracts” (2017/18)

● Design Build Operate Maintain (DBOM):

Can be used in conjunction with Early Contractor Involvement(ECI) or
simply an extension of usual Design and Build(DB) contracts often
awarded through negotiation. The contractor agrees to design and
build a facility for an agreed sum and will operate and maintain the
facility for an agreed period for an agreed fee. As the contractor has a
vested interest in the “whole life cost” a greater upfront capital may
reduce ongoing maintenance and renewal costs therefore providing
value for money. Balance must be struck between construction
out-turn cost and operation and maintenance cost.

● Design Build Finance Operate Maintain (DBFOM):

 The same as DBOM but the contractor will also provide the finance
for the project at an agreed cost to the client - Criminal courts of
Justice, Parkgate Street

● Concession Contract:
Part of the contractors bid includes the recovery of his cost through
the collection of user charges e.g. the toll roads. Contractor has direct
interest in whole life cost. - M4 Kilcock to Kinnegad

What is the established best practice in allocating risk? (2017/18)

The established ​best practice​ in Risk Management is to allocate

responsibility on the basis of the ​party best positioned to control the risk​.

By reference to the IEI 3rd Edition Contract give two examples of risks
allocated to the Contractor and two examples of risks allocated to the
Employer. (2017/18)

Contractor:
● CL8 – Contractors General Obligations
○ Contractor is responsible for providing all the necessary
resources to complete the project and insure the stability and
safety of all operations on site but not the design and
 specification (unless the contract provides that he take
responsibility for design)
● CL11 – Inspection of the Site
○ Contractor is obliged to inspect the site and satisfy himself as
to the nature of the ground & subsoil etc and to have obtained
all necessary information as to risks etc. Not obliged to
undertake site investigations

Employer:
● CL42 – Possession of the Site
○ The employer is obliged to provide to the contractor so much
of the site as the contractor requires to complete the works.
Failure by the employer to provide the site in line with the
programme may give rise to a claim for EOT & a financial claim

● CL 63 – Forfeiture
○ The employer may terminate the contract where:
■ The contractor becomes bankrupt
■ In the opinion of the engineer the contractor had
abandoned the work, failed to commence the work or
failed to remove defective work within 14 days

With reference to the Government Conditions of Contract (GCC) give two

examples where this form of contract can deviate from established risk
management practice. (2017/18):

Principal differences:
● Substantial Risk Transfer from the Employer to the Contractor
● Substantial administrative and project management burden on
contractors
 ● Stringent restrictions on the contractors ability to claim for amounts
over the initial contract sum

It is sometimes said that the GCC places a “significant administrative

burden”on contractors. Explain what is meant by this statement.(2017/18):

● The contractor must give notice of a delay event within 40 days after
becoming aware of the event providing full details.
● The contractor is asked at tender to provide programme contingency
○ I.e. provide for the time loss and cost of ​certain​ delays as part
of his tender.
● Rigid notice provisions with respect to claims for compensation or
EOT - conditions precedent.
○ Allowable claims only where they are “Compensation Event’s”
see Schedule Part 1 K
○ Such events must be notified within 20 days
○ Within a further 20 days full details must be submitted.
○ Failure to follow notice procedures is a bar to relief
○ EOT and delay/disruption costs for “Compensation” events
subject to programme contingency provisions.

2017/18 Question 4:

Outline the duties a professional engineer owes to a client under the

Institution of Engineers of Ireland Code of Ethics. (2017/18):

Duties to Clients:
● Define the brief/scope of services
● Agreement / Letter of Appointment
● Duty to client has priority over personal interests
 ● Must inform client where conflicts of interest arise
● Confidentiality
● Duty to promote legitimate interests of Client
○ Subject to the common good and the health, safety and
welfare of the public

Is an engineer’s duty to a client superior to all other duties or are there

limitations? Explain your answer. (2017/18):

● Only accept work you are qualified and sufficiently competent to undertake
● Discharge services with “due care, skill, diligence and expedition”
○ The standard of care expected
○ Relevant in professional negligence actions

● Have an understanding of legislation , design and engineering standards

relevant to area of expertise
● Maintain level of skill and competence
● Strive to develop knowledge base throughout career
● Encourage and support other engineers in their development

What are a professional engineer’s environmental and social obligation

sunder the Code of Ethics and how do these compare with other duties
under the code? (2017/18):

● Promote the principles of sustainable development

● Strive to minimise effects on environment
● Minimise the consumption of natural resources where ​economically practicable
○ Not absolute
○ Is this reasonable?
○ Should this change?
Set out the definition of “designers” in the Regulations and what duties are
imposed on them?(2017/18):

● “a person engaged in preparing drawings, specifications, calculations and

bills of quantities in so far as they contain specifications or other
expressions of purpose according to which a project, or any part or
component of a project is to be executed”
○ Take account of the principle of prevention and of any Safety & Health
Plan or Safety Plan
○ Provide all material necessarily required by the ​PSDP​ in the performance
of his duties
○ Cooperate with other designers, the PSDP and the​ PSCS
○ Comply with “directions” of the ​PSDP​ and​ PSCS
○ Where no ​PSDP​ has been appointed, inform the Client of the requirement
to appoint a ​PSDP

● PSCS​ - Project supervisor for the Construction Stage

● PSDP​ - Project Supervisor for the Design Process

What is the purpose of a Safety File? What information would you expect to
be included in a typical safety file and who is responsible for the
preparation of the safety file under the Regulations?(2017/18):

● Purpose of the Safety File is to provide information on the future use

and maintenance of the structure such as to enable future users to
take the necessary steps to ensure their safety and of the safety of
any persons engaged in the maintenance of the structure or indeed
the future alteration or demolition of the structure.
 ● PSDP is responsible for preparing the Safety File.
● Typical Contents:
○ As built drawings
○ Operation and maintenance manuals for any plant
○ Location of access points for safe access and egress for
maintenance – e.g. roofs and plant areas.
○ Material safety data sheets for materials employed in the
construction.

Question 3 2015/2016
The Safety Health and Welfare at Work (Construction) Regulations, 2006 (“the Regulations”)
impose significant statutory obligations on all parties involved in construction projects.
1.​ ​(a) What duties are imposed on Clients under the Regulations? (20%)
● Appoint in writing a competent PSDP prior to design work commencing. And notify the Health &
Safety Authority (HSA) of the appointment.
● ​Appoint in writing a competent PSCS prior to commencing construction work And notify the
HAS of the appointment.
● ​Must be reasonably satisfied that any designers and contractors have the necessary competency
to perform their duties.
● ​A “Competent Person” is a person who has sufficient training, knowledge and experience for the
task involved Usually ascertained by requiring the submission of a response to a detailed
questionnaire – HSA provide sample forms
● ​Must be reasonably satisfied that the PSDP, PSCS, designers and contractors have the necessary
resources to enable them to perform their duties under the regulations.
● ​Retain and make available the “Safety File” to the PSDP and PSCS
● ​Provide a copy of the preliminary Health and Safety Plan to each person being considered for
appointment as PSCS
2.​ ​(b) The Regulations provide for the appointment of a Project Supervisor for the Design
Process (PSDP) and a Project Supervisor for the Construction Stage (PSCS). Set out the
principal duties of each of these roles and explain how they interact; (50%)

PSCS
· Develop and maintain the Safety and Health Plan
· Responsible for the co-ordination and cooperation of day to day activities
o​ ​ Co-ordinate the implementation by contractors of the Construction Regulations and other
regulations relevant to the project
o​ ​ Organise co-operation with respect to safety issues between contractors.
As with the PSDP the PSCS may issue “directions”
· Co-ordinate the reporting of accidents to the HSA
· Provide information to the site safety representative
· Co-ordinate the provision of adequate welfare facilities
· Keep a record of all persons at work at the site
· Keep a record of all accidents and “dangerous occurrences” and any directions issued for at least 5
years
Appoint a Safety Advisor
· A full time Safety Advisor is required where there are more than 100 persons
working on site
· The safety Advisor is appointed to advise the PSCS and contractors on observing their duties and to
supervise the observance of safe practices and to promote safe work practices.
● Co-ordinate records of safety awareness (Safe Pass & CSCS certification)
·​ ​Must
co-ordinate arrangements to ensure persons at work on a construction site have a safety
awareness card (Safe Pass) and a CSCS card
● PSCS must provide the PSDP with all necessary information for the preparation of the Safety File

PSDP
● Identify hazards arising from the design or planning (operational and time) of the project and to
eliminate risks where reasonably practicable or in the absence of elimination to reduce the risk.
● Must take account of any Safety & Health Plan and any Safety File.
● Must organise co-operation between designers in respect of the design of the project with a view
to protecting the safety, health & welfare of the persons engaged in the construction & future
maintenance.
May issue “directions” to designers, contractors or others to enable him to discharge his duties;
any failure to comply with a direction must be notified to the HSA
● Prepare the Preliminary Safety & Health Plan Must keep a copy of the Plan for 5 years.
● Make a copy of the Plan available to the PSCS.
3.​ ​(c) What is the purpose of a Safety File? Outline the principal information to be included in a
typical safety file and who is responsible for the preparation of the safety file under the
Regulations? (30%)

Purpose of the Safety File is to provide information on the future use and maintenance of the
structure such as to enable future users to take the necessary steps to ensure their safety and
of the safety of any persons engaged in the maintenance of the structure or indeed the future
alteration or demolition of the structure.
​PSDP is responsible for preparing the Safety File.
​Typical Contents:
1.​ ​ ​As built drawings
2.​ ​ ​Operation and maintenance manuals for any plant
3.​ ​ ​Location of access points for safe access and egress for maintenance – e.g.
roofs and plant areas.
4.​ ​ ​Material safety data sheets for materials employed in the construction.
​The PSDP delivers the Safety File to the client who must retain it and make it available to
persons engaged in any future maintenance and/or construction work.

Duties of Contractors
·​ ​ Co-operate with the PSCS and PSDP
·​ ​ Provide a copy of their safety statement to the PSCS
·​ ​ Promptly provide the PSCS with information required for the safety file
·​ ​ Comply with directions of the PSCS and PSDP
·​ ​ Report accidents to the HSA and to the PSCS where it results in an employee being
absent for 3days or more
·​ ​ Comply with site rules and the Safety & Health Plan
·​ ​ Identify hazards and eliminate them as much as possible during the course of construction
·​ ​ Facilitate the site safety representative
·​ ​ Ensure employees have Safe Pass and CSCS cards
·​ ​ Provide workers with site specific induction
·​ ​ Appoint a safety officer where there are more than 20 workers on site or 30 employed.
·​ ​ Monitor compliance and take corrective action
·​ ​ Comply with the detailed requirements in Part 3 to 14 of the Regulations e.g. Safety and
access to construction sites; emergency routes and exits; prevention of electrocution

Duties of Designers
● ​“a person engaged in preparing drawings, specifications, calculations and bills of
quantities in so far as they contain specifications or other expressions of purpose
according to which a project, or any part or component of a project is to be executed”
● ​Take account of the principle of prevention and of any Safety & Health Plan or Safety
Plan
 ● ​Provide all material necessarily required by the PSDP in the performance of his duties
● ​Co-operate with other designers, the PSDP and the PSCS
● ​Comply with “directions” of the PSDP and PSCS
● ​Where no PSDP has been appointed, inform the Client of the requirement to appoint a
PSDP

Professional Practice 2016/2017

Question 3
(a) ‘Awarding a building contract on the basis of the lowest tender does not
always equate to value for money’.
(i) What factors should be included when considering the true
value for money offered by the delivery of a project in a particular way?
(10%)

What constitutes value for money in a particular circumstance/for a particular client may
vary and can determine the chosen method of procurement. The traditional methods of
construction/building contracts evaluated the concept of “value for money” under the
criteria of ​tendered cost​, with value for money often being established as
the lowest tender price. While traditional contracts such as ‘​Lump sum​’,
‘​Re-measure​’
and ‘​Design and Build​’
provided the cheapest initial tender costs they often provided little to no
scope for design changes and in the event of such changes there is often
drastic monetary and time costs.The Out-turn costs often very significantly
in
excess of original tender sum. There is often focus on initial capital outlay
with little consideration of the whole life cost. The value for money must
therefore factor in the running and maintenance costs of the structure over
its
life as well as initial capital outlay. The involvement of the contractor
earlier, ideally before the submission of planning applications provides
value
for money through the better planning, integrated design and construction.

(ii) What method of procurement is best placed to deliver value

for money on a complex project? Explain your answer highlighting the
advantages over other procurement methods. (40%)

In my opinion the Design Build Operate Maintain (BDOM) is the best

procurement method for delivering value for money on a complex
infrastructural project. It has many advantages over the traditional method
where the design team and contracting team are separate. This method
can be used in conjunction with early contractor involvement or as an
extension of a usual design and build method. In BDOM the contractor
agrees to design and build a facility for an agreed sum and will operate and
maintain the facility for an agreed period for an agreed fee. This results in
the contractor having a vested interest in the whole life cost of the project.
A greater up front capital outlay has the potential to reduce ongoing
maintenance and renewal costs. It provides for a balance between
construction out-turn costs and ongoing operation and maintenance costs.
As the contractor can be engaged at an early stage using the DBOM
method value for money is achieved through better planning and integrated
design and construction. It moves away from the traditional adversarial
system and reduced disputes.

(b) Directive 2014/24/EU, The Public Sector Contracts Directive, sets out
the procedures to be followed by Contracting Authorities in procuring and
awarding public contracts.
(i) What bodies come within the definition of “Contracting
Authorities” under the Directive?​ Please illustrate your answer by reference
to appropriate examples. (20%)

Contracting authorities are defined in the public sector contracts directive

as “The State, regional or local authorities, bodies governed by public law,
associations formed by one or several of such authorities or bodies
governed by public law

(ii) What entities are bound by the procedures set out in

Directive 2014/25/EU The Utilities Directive? Please expand your answer
by reference to relevant examples. (10%)
The Utilities Directive Concerns contracts that are awarded by contracting
entities which are public bodies or public entities or private entities which
have a special or exclusive right to provide prescribed public services such
as water, energy, transport and communications. Examples in Ireland are
Irish Water, Electricity Supply Board etc.

(iii) Does the Directive apply to all contracts awarded by such

Contracting Authorities? If not, what factors are set out in the directive to
limit the contracts that fall within the application of the directive? (20%)
The directive does not apply to contracts that do not reach a monetary
threshold. There is a different threshold for each of the directives and
whether the contract involves works, supplies, services or social services.
There are provisions in the directives which prevents a contracting authority
from splitting a contracted into smaller contracts to sub-threshold contracts.
Professional Practice 2016/17 Question 4
‘A building contract should seek to identify the risks associated with the
delivery of the project and allocate responsibility for the management of,
and responsibility for, those risks to one of the parties’.

(a)What is the established best practice in allocating risk? Give two

examples in the context of construction contracts to help explain
your answer. (35%)

Construction projects are very complex unique projects and consequently

there are many potential risks associated with them. In general, the
objective of construction projects is to identify which party should be
responsible for the management and consequences where such risks
materialise. Best practice is to allocate the risk to the party who is best
equipped and in the best position to manage the risk. For example, late
possession of the site is a contractor/client risk. And the use of
sub-standard materials is a contractor risk.
 (b)The risks associated with construction contracts can be divided
into two categories, please identify these categories and give two
examples of each. (35%)

The two categories of risk are

1. Physical Loss and Damage
2. Economic and Time Loss
Physical Loss and Damage relates to loss or damage to the works, to other
peoples property or persons as a consequence of the act of building. Two
examples of this are if a welder causes a fire which destroys completed
works or if a storm destroys works that have not been completeed.
Economic and Time Loss are losses which usually cannot be insured
against. Two examples of these types of losses are cost overruns or delays
caused by the employer.

(c) Which of these types of risks are capable of insuring against?

(10%)
Only Physical Loss and Damage can be insured against.

(d)Briefly describe the three principle types of insurance which are

generally required on construction contracts.
1. Contractors All Risk Insurance – Covers any damage caused to
the works itself. Generally cover arranged for the full contract
amount plus a percentage for site clearance and professional fees.
2. Public Liability Insurance – This insurance covers any loss or
damage to third parties which are unrelated to the contract.
Generally requires minimum cover of 6.5 million euro.
3. Employers Liability Insurance – Insurance which covers any
loss or injury to persons employed on the construction of the
works. A statutory minimum of 13million euro is set.

Question 3 (2015/16)
 a. “Early Contractor Involvement (ECI) has the potential to deliver better
projects which better meet the needs of the client” – Discuss this
statement, identifying in your answer the advantages associated with
ECI over traditional procurement methods.

● Early Contractor Involvement (ECI) also known as ‘’Partnering’’ is a procurement

method where the contractor is engaged at a very early stage ideally before
submission of planning application.
Advantage:​ ​Opportunity to benefit from Contractors experience.
Earlier involvement is advantageous because the traditional Design and Build
Contract where the design is often 80% defined has little scope for design change –
scope change and design change can be very costly both in terms of money and time.

● Contractor part of the overall design team.

Advantage: ​Risk of disputes greatly reduced - The adversarial structure of traditional
procurement methods led to frequent disputes with relation to cost overruns and delays
in the project.
● With traditional procurement methods (Design and Build) over-turn costs
often very significantly in excess of original tender sum.
More consideration of the whole life cost rather than just focus on initial capital outlay.
Client has more control than in Design and Build where client control is diminished –
with Design and Build performance criteria and specification must be well defined
before pre-tender.

● Value for money factor in the running and maintenance costs of the structure in
its life as well as its initial capital outlay.
Advantage: Value for Money delivered through better planning and integrated
design and construction that does not exist with traditional procurement methods – build
ability, value engineering (new construction methods and materials), programme
savings.
b. Directive 2004/18/EC (The Public Sector Contracts Directive) sets out
the procedures to be followed by “Contracting Authorities” in procuring and
awarding certain contracts.

(i) What bodies come within the definition of “Contracting Authorities” under
the Directive? Please illustrate your answer by reference to appropriate
examples.

● Contracting Authorities defined as: The State, regional or local authorities, bodies
governed by public law, associations formed by one or several of such authorities
or bodies governed by public law.

Examples- Bodies governed by public law:

● Established for the specific purpose of meeting needs in the general interest, not
having an industrial or commercial character, and
● having legal personality, and
● Financed for the most part, by the State or regional or local authorities or by
other bodies governed by public law; or subject to management supervision by
those bodies; or having an administrative, managerial or supervisory board, more
than half of whose members appointed by the State, regional or local authorities
or by other bodies governed by public law.

(ii) What entities are bound by the procedures set out in Directive
2004/17/EC (The Utilities Directive)? Please expand your answer by
reference to relevant examples.

● Public bodies or public entities or private entities which have a special or

exclusive right to provide prescribed public services
● Expand examples on water, energy, transport, communications

Question 5 2017/2018 Septic Tank

Q. A planning application is being submitted to a local authority for
permission to construct a domestic house in a rural part of Ireland. Being
an unsewered area of the country, a septic tank system is proposed to treat
wastewater from the dwelling. You are asked to undertake an
environmental investigation into the suitability of the site for the proposed
treatment system. Describe the environmental investigative process you
would undertake.

Septic tanks are an environmentally ​sustainable method of wastewater

treatment.​ The first step is to undertake a desk study. This will determine
the maximum number of residents which will use the tanks and the
corresponding size of tanks and percolation area required. The hydrology
of the ground would be examined in terms of its soil type, any nearby rivers
or lakes, and groundwater sources. An onsite study is undertaken in
conjunction with the desktop study. On site a trial hole would be dug to
determine whether the soil is suitable and to measure the groundwater
level. A percolation test known as the “T Test”. This test involves digging a
hole and checking to see if the time it takes the water level to drop by a
given amount falls within allowable limits. The time taken to fall 25mm
should fall between 3 and 50 minutes for a conventional septic tank
system. The ground can’t be too permeable as this would not provide
enough treatment and the septic tank would pollute the surrounding water
sources. The ground cannot be too impermeable either as this would result
in ponding of wastewater on the surface around the percolation area.