PROFESSIONAL PRACTICE EXAMINATION SEPTEMBER 2010

Transcription

1 PROFESSIONAL PRACTICE EXAMINATION SEPTEMBER 2010 PAPER 1: The Architectural Professional as a Practitioner Architectural Services to a Client (100 Marks) CLOSED BOOK EXAMINATION Question 1 15 marks 1.1 Which act governs the Architectural Profession? State the complete name as well as the Act number and the year in which it was promulgated. (2) Answer to 1.1 The Architectural Profession Act 1 : Act 44 of With reference to section 26(3) of this act, which deals with the identification of work, complete the following: (8) A person who is not registered in terms of this Act, may not identified for any category of registered persons; 1.2.2, or in any manner hold or allow him / herself to be held out as a person registered in terms of this Act; of any registered person or any name or title referred to in section 18 or 21; or Perform any act indicating, or, that he or she is registered in terms of this Act. Answers to 1.2 The answers need not be given verbatim, but may be approximately according to those in the act Perform any kind of work Pretend to be Use the name calculated to lead persons to believe Select whether the following are true or false: (5) In terms of section 3(1) of this Act, the Council must include, amongst other persons, 9 registered persons, excluding candidates, of whom at least 4 must actively practice in the architectural profession The term of office for members of the council is 4 years This Council is governed by the Department of Public Works Page 1 of 15

2 1.3.4 A Voluntary Association means any voluntary association recognised by the council in terms of section A registered person must, at least 30 days prior to the prescribed expiry date of his / her registration, apply to the Council for re-registration Answers to False. 7 Registered persons True False. The CBE True False. 3 Months prior to expiry of registration 5 Question 2 30 marks 2.1 Select whether the following are members of a closely allied profession, by stating either YES or NO : (5) The Town Planning Profession The Landscape Architectural Profession The Quantity Surveying Profession The Interior Design Profession The Project and Construction Management Profession Answers to NO YES YES NO YES A developer, Fly by Night cc, approaches you and requests that you do work stages 1 to 4.1 on risk for a new 58 unit residential 3 development, with a typical design to be repeated, in order for him to do his marketing, secure bridging finance from his bank and to commence with the construction of 1 show unit. During the initial meeting, he also indicates that he would like a reduced fee from the set Tariff of Fees used to calculate your fees Write a letter in response to his requests made during the initial meeting, informing him in point form of the Professional Responsibilities you have to comply with in terms of Rule 4.1 of the latest SACAP Code of Professional Conduct, prior to undertaking any architectural work. (10) List 5 reasons against a reduction of fees, that you would use in your response to his request for a reduced fee? (5) Answers to Dear Messrs Fly by Night cc Our meeting held on 4 Mar 2010, refers. Page 2 of 15

3 We thank you for your consideration in appointing us as architects for your proposed 58 unit development at Here and There, however we need to inform you that we have the following professional responsibilities to comply with, prior to undertaking any architectural work. 1 In terms of our Council s Code of Conduct, the following issues need to have been agreed to and set out in writing, prior to commencing: a) The scope of the work; 2 b) The services to be provided; 3 c) The allocation and limitation of responsibilities; 4 d) The fee payable for the services and the method of calculating this as well as the stages at which it will be paid; 5 e) The budget for or other limitations on the project; 6 f) Provisions for termination of the agreement; 7 g) Details of professional indemnity; 8 and h) Provisions for any dispute resolution 9 In view of the above professional responsibility, please find attached herewith, a completed and approved Client Architect Agreement for your signature 10, which addresses all the above ethical requirements. Sincerely Response to a call for reduced fees: a) One would firstly inquire from the client, whether there is any part of your standard services that he would wish for you to omit or reduce, in order to bring about any required reduction in fees 1 ; and b) Secondly, one would advise the client that, your fees have been calculated in accordance with the latest Tariff of Fees, as determined and published annually by the SACAP 2 ; and c) that this Tariff of Fees has been developed over a number of years to assess a fair and reasonable fee for an architect to render the required services, that best serves the client and the built environment; 3 and d) that a reduction in fees may cause an increase in your PI premium or a reduction in your cover 4 ; and e) that as a business person, you also have to cover a number of overheads associated with his project, which will cause a reduced profit margin and hence become unfeasible As the architect on a project, a product which you have specified, without the right of substitution, fails after 1 year. (10) Name 3 forms of agreement that you could use in your appointment as architect, to indemnify yourself against a claim from the client? Describe the consequences, if you have not used any one of these agreements in your appointment as architect? According to these agreements, what is the time limit on the architect s responsibility for any defects concerning the design and when does that period commence? Page 3 of 15

4 Answers to Any of the following documents should be used a) The 2008 SAIA Client Architect Agreement 1 with its relevant Annexures 1-6; 2 b) The Aug 2009 Edition 2 PROCSA Terms and Conditions 3 with Annexure A & B for the Architect; 4 or c) By writing a letter 5, containing a clause similar to that contained within the above two agreements Clause of the SAIA CAA 1 indemnifies the architect against the failure of products specified by trade name. If no indemnity clause is included in the architect s appointment, then he/she is responsible ad infinitum Clause of the SAIA CAA stipulates a period of 5 years 1 from the date of practical completion 2 Question 3 20 marks 3.1 A project, consisting of 5 typical or repeated dormitory buildings on a university campus, for which you were appointed to perform full standard services, reaches final completion. By applying the formula Fa=Ft-(Ft*(Vr/Vt/2)) calculate your final fees invoice, No 7, due on this project, given the following hypothetical scenarios. Assume that all 6 your prior interim invoices, have been settled in full and on time At the end of Work Stage 1, you submitted an interim invoice, when the preliminary budget was determined as R29,920,000.00c (including VAT) By the end of Work Stage 2, you submitted a second interim invoice, when the budget was adjusted by the QS to R31,678,000.00c (including VAT) in view of ancillary site works due to additionally required services Upon completion of the design development at the end of Work Stage 3, when you submitted your third interim invoice, the QS had adjusted the budget to R27,894,000.00c (including VAT), in view of reduced PC amounts for certain finishes The budget remains the same for Work Stage 4.1 at which time you submitted interim invoice no 4, however when actual tenders are received during Work Stage 4.2, the contract sum is established as R 34,564,951.12c (including VAT), at which stage you submit your interim fee invoice no After the completion of Work Stage 5 and reaching practical completion, you submit your 6 th invoice and the contract value stands at R 28,357, (including VAT) in view of certain omissions on the project and after conclusion of the principal contractor s final account at the end of Work Stage 6, the final account amounts to R 28,987, (including VAT). Answer to 3.1 Fa=Ft-(Ft*(Vr/Vt/2)) Fee for Work Stage 1 (with R29,920,000.00c (including VAT)) R 29,920,000.00c less 14% VAT = R 26,245,614.04c Cost bracket % + R117, excl VAT Page 4 of 15

5 R 26,245,614.04c x 6.5% + R117,000.00c = R 1,822,964.91c Fa = R 1,822, (R 1,822, x (R 20,996, / R 26,245, / 2) = R 1,822, (R 1,822, x (0.4)) = R 1,822, (R 729,185.96) Thus, the repeat fee due at the end of work stage 1 = R 1,093,778.95c 2 Invoice 5% = R 54,688.95c Fee for Work Stage 2 (with R31,678,000.00c (including VAT)) R31,678,000.00c less 14% VAT = R 27,787,719.30c Cost bracket % + R117, excl VAT R 27,787, x 6.5% + R117,000.00c = R 1,923,201.75c Fa = R 1,923, (R 1,923, x (R 22,230, / R 27,787, / 2) = R 1,923, (R 1,923, x (0.4)) = R 1,923, (R 769,280.70) Thus, the repeat fee due at the end of work stage 2 = R 1,153,921.05c 5 Invoice 15% = R 173,088.16c Fee for Work Stage 3 (with R27,894,000.00c (including VAT)) R27,894,000.00c less 14% VAT = R 24,468,421.05c Cost bracket % + R117, excl VAT R 24,468, x 6.5% + R117,000.00c = R 1,707,447.37c Fa = R 1,707, (R 1,707, x (R 19,574, / R 24,468, / 2) = R 1,707, (R 1,707, x (0.4)) = R 1,707, (R 682,978.95) Thus, the repeat fee due at the end of work stage 3 = R 1,024,468.42c 8 Invoice 20% = R c Fee for Work Stage 4.1 (with R27,894,000.00c (including VAT)) R27,894,000.00c less 14% VAT = R 24,468,421.05c Cost bracket % + R117, excl VAT R 24,468, x 6.5% + R117,000.00c = R 1,707,447.37c Fa = R 1,707, (R 1,707, x (R 19,574, / R 24,468, / 2) = R 1,923, (R 1,923, x (0.4)) = R 1,923, (R 769,280.70) Page 5 of 15

6 Thus, the repeat fee due at the end of work stage 4.1 = R 1,024,468.42c 11 Invoice 20% = R c Fee for Work Stage 4.2 (with Actual R 34,564,951.12c (including VAT)) R34,564,951.12c less 14% VAT = R Cost bracket % + R117, excl VAT R x 6.5% + R117,000.00c = R 2,087,808.62c Fa = R 2,087, (R 2,087, x (R 24,256, / R 30,320, / 2) = R 2,087, (R 2,087, x (0.4)) = R 2,087, (R 835,123.45) Thus, the repeat fee due at the end of work stage 4.2 = R 1,252,685.17c 14 Invoice 10% = R 125,268.52c Fee for Work Stage 5 (with Contract R 28,357,654.56c (including VAT)) R28,357,654.56c less 14% VAT = R 24,875, Cost bracket % + R117, excl VAT R 24,875, x 6.5% + R117,000.00c = R 1,733,883.81c Fa = R 1,733, (R 1,733, x (R 19,900, / R 24,875, / 2) = R 1,733, (1,733, x (0.4)) = R 1,733, (R 693,553.52) Thus, the repeat fee due at the end of work stage 5 = R 1,040,330.29c 17 Invoice 27% = R 280,889.18c Fee for Work Stage 6 (with Final R 28,987,357.58c (including VAT) R28,987,357.58c less 14% VAT = R 25,427, Cost bracket % + R117, excl VAT R 25,427, x 6.5% + R117,000.00c = R 1,769,787.93c Fa = R 1,769, (R 1,769, x (R 20,342, / R 25,427, / 2) = R 1,769, (1,769, x (0.4)) = R 1,769, (R ) Thus, the repeat fee due at the end of work stage 6 = R 1,061,872.76c Less Invoice No 1.- R 54,688.95c Less Invoice No 2.. -R 173,088.16c Less Invoice No R c Less Invoice No R c Less Invoice No 5..- R 125,268.52c Page 6 of 15

7 Less Invoice No R 280,889.18c Thus Invoice 7 (Final Fees) excl VAT = R 18,150.58c 19 Plus 14% = R 20,691.66c 20 Question 4 15 marks 4.1 CPD When will an Architectural Professional, who s first year of registration with the SACAP occurred in 2007, be required to undertake his/her first renewal of registration? (2) Answer to In Name the various categories of CPD Activities and name one activity from each category, that would render credits within that category? (6) Answer to Category 1 : Development Activities 1 such as Interactive or Non-Interactive Workshops 2 / Conferences 2 / Congresses 2 / Lectures 2 / Seminars 2 ( 2 = the 2 nd and 1 mark for any one example) Category 2 : Work-based Activities 3 Architectural work within a practice 4 / Full time lecturing 4 In-house training or mentoring of candidates 4 ( 4 = the 4 th and 1 mark for any one example) Category 3 : Individual Activities 5 Anyone of the activities listed in the relevant SACAP board notice What is the maximum credits that a registered person may claim for per annum in Catergory 1? (1) Answer to A maximum of 4 credits / annum Energy Efficiency (6) Which document is intended to govern the energy efficiency in building design in SA? How many parts does this document contain? According to this document, how many climatic regions is South Africa divided into? Answers to SANS Page 7 of 15

8 4.2.2 It contains 3 parts Six climatic zones 2 Question 5 20 marks 5.1 Name a document that could be used to appoint a person in each of the following 3 capacities on a project, and list 3 duties that each appointment will render on a project. (12) As an Ordinary Consultant (Architect) As a Principal Consultant As a Principal Agent Answers to An Ordinary Consultant as an Architect, is appointed a) by means of either the SAIA CAA 1 or the Procsa C/P Agreeement 1 to b) furnish the building design 2 and c) working documentation 3 for a project d) and assist the PA with quality control and supervision during construction, if so required A Principal Consultant a) could be a professional from any built environment profession, such as a QS or PM etc, appointed by way of independent written agreement with the client 5 b) to manage 6 and/or administer 6 the services of all the other consultants and c) to co-ordinate 7 and d) lead 8 the entire professional team A Principal Agent a) could be a professional from any built environment profession, such as a QS or PM etc, appointed in terms of the JBCC PBA or similar contractual document 9 b) to manage 10 and c) administer 11 the building contract and d) to certify all 3 stages of completion If you had to be appointed in the capacities of all three types of consultants on a project, name 5 types of meetings that you will have to convene and chair, form the inception to the completion of the project. (5) Answers to The Introductory and subsequent Professional Team Meetings The Site Possession / Handover Meeting Progress Meetings Technical Meetings Informal Site Meetings 5 Page 8 of 15

9 5.3 Name 3 heading items you would list for discussion on the agenda for a Site Possession Meeting. (3) Any 3 of the following may be listed: Answers to INTRODUCTION OF REPRESENTATIVES and AGENTS POWERS AND DUTIES OF REPRESENTATIVES and AGENTS PROGRESS MEETINGS CONTRACTS, DATES & CONTRACT DOCUMENTATION OHS Act, Safety Plans and Construction Regulations procedures SITE ESTABLISHMENT CONSTRUCTION DRAWINGS & DOCUMENTATION BASIC METHOD OF CONTRACT ADMINISTRATION NOTICE BOARDS TELEPHONE, FAX & APPROVAL OF SUBCONTRACTORS & SUPPLIERS BUDGETARY ALLOWANCES & PRIME COST ITEMS SAMPLES & MATERIALS FOR APPROVAL INCLEMENT WEATHER DISRUPTIONS VALUATIONS, PAYMENT CERTFICIATES AND PAYMENTS MEASUREMENT BEFORE COVERING UP INFORMATION REQUIRED BY CONTRACTOR MUNICIPAL APPROVAL/PERMITS GENERAL NEXT MEETING Page 9 of 15

10 PROFESSIONAL PRACTICE EXAMINATION SEPTEMBER 2010 PAPER 2: Contract Law and Building Contracts The Resolution of Building Disputes OPEN BOOK EXAMINATION 100 marks Question Describe the following in your own words: 15 marks A Schedule of Rates An Agreement with Mandatory A Letter of Good Standing A Subcontract Damages Answer to 1.1 The candidate s descriptions may be anything along the following lines. The marker must use a certain degree of discretion in deciding whether the answer compliments the model: Any 3 correct terms from the models, will render 1 mark. The maximum per correct answer, may not exceed 3 marks A Schedule of Rates is an itemised table containing monetary rates against building units 1 for any conceivable unit to be installed under a building contract, in order to facilitate any additional work or omissions from the scope of work 2. It is compiled in the absence of a BoQ 3 and is usually compiled by the principal contractor at the onset of a lump sum building contract An Agreement with Mandatory, is a statutory OHS agreement 1 required by the SA Dept Of Labour 2 and entered into between all parties, from subcontractors to the Employer 3, accepting responsibility for requirements in terms of the OHS Act A letter of Good Standing, is a letter of confirmation 1, either issued by the principal contractor s insurer 2 or obtained by him from the Dept Of Labour 3, verifying his good standing in terms of Workman s Compensation A subcontract is a binding agreement between two or more parties 1, that is enforceable by law and that assigns some of the obligations of a prior contract to secondary partywork 2, usually of a specialised trade and skill nature 3, to be undertaken in a subsidiary capacity to the principal contract Damages may only be claimed when penalties were not selected during the signing of the building agreement 1. It is an amount that is calculated based on the proven losses suffered by the Employer 2 or his tenant(s) as a result of not achieving practical completion by the specified date 3. Page 10 of 15

11 Question 2 15 marks 2.1 You are appointed as the Principal Agent on a luxury residence. The total built area is 907m 2. The agreement to be used, will be the latest JBCC PBA, without any BoQ (i.e. a Lump Sum), as there is no QS appointed. Two months into the project, the Employer decides that he wishes to add a 12 seat cinema adjoining the entertainment area. However, after being presented with the revised drawings and requested to submit his price for the additional work, the Principal Contractor submits his tender which is totally excessive and appears to be inconsistent with his tender for the works under the original contract Which document should you have obtained from the PC prior to handing over the site in order to facilitate adjustments to the contract value and identify the clause within the PBA on which you base your answer? (5) Assuming that you did not obtain the required document referred to in above, how would you ensure at this stage that the Employer gets a comparable and fair tender for the additional work. Identify the clause in the PBA on which you will rely? (10) Answer to Clause of the JBCC PBA specifies that the contractor shall provide a Schedule of Rates 2 to the approval and acceptance of the Principal Agent 3, in the event of a Lump Sum contract or a contract without quantities 4. Although no time frame for the submission hereof is specified, the Principal Agent should ensure that this is in place, prior to site possession There would not be a need to obtain a price from the principal contractor 1. In terms of clause the Principal Agent may issue a contract instruction for the alteration of the design and quantity of the works 3, provided that it does not substantially alter the scope of the works 4, which in this case it does not. Furthermore, in terms of clause the principal agent shall assess the additional scope of works, taking into account labour, engineering, drawings, materials, transport, plant etc required, with a 10% mark-up thereon 6. In terms of clause , this addition to the contract value, may be agreed upon between the principal contractor and the principal agent, prior to commencement 8. Although this procedure will technically be correct, both the principal contractor as well as the client, will feel justifiably dissatisfied with the manner in which you have handled this issue 9, as it was your distinct responsibility to obtain a Schedule of Rates for a Lump Sum contract, at the onset of the works 10. Question 3 30 marks 3.1 You, as Magni Arch Pty Ltd, are appointed as the Principal Agent on a new medical clinic project for Medgate Ltd on Erf 579 Margate Proper, for which the tendered contract sum is fixed at R22,345,987.12c (inclusive of VAT) i.e. no CPAP applies and for which the JBCC PBA will be used. The tender documents, which included a BoQ, stated that the intended date for the site handover, is on Wednesday 16 March 2008 and that the intended date of Practical Completion is on 15 November 2008, which equates to a contract duration of 175 working days. It also states that the principal contractor must proceed with the works within 1 day from taking possession. However, on the afternoon of Tuesday 15 March, the day prior to the intended date of Site Possession, the Employer notifies you that, due to certain unforeseen circumstances, you must not hand over the site to the principal contractor, yet. On Page 11 of 15

12 the afternoon of 30 March, the client notifies you via , that their issues have now been resolved and that you may proceed with handing over the site to the principal contractor. The site handover meeting eventually occurs on the morning of Thursday 31 March. On 23 April, the Principal Contractor, Kwik Build cc, submits his first progress claim, by which date he has furnished the requested Variable Construction Guarantee, but has failed to effect payment for the Works Risk Insurance in the amount of R14, (including VAT) which the Employer has since paid for. His interim claim is for the amount of R1,454,678.00c (including VAT) against work done to date and he also claims an additional R559, (including VAT) for materials on site, which the QS verifies as acceptable in his valuation to you. The principal contractor s claim also includes additional preliminaries in view of the late site handover. In his tender, he has inserted one total amount of R 2,940,131.58c (excluding of VAT) for his preliminaries on the project. Option A in the JBCC PBA was selected for the adjustment of Preliminaries however, at the time of submitting this first claim, the principal contractor has not yet furnished the breakdown of the preliminaries, as required under Option A. No variation orders have been issued yet By using the following calendar, calculate the amount for the additional Preliminaries, keeping in mind that no breakdown has been furnished yet. (10) Complete the attached Recovery Statement, based on all the above. (5) Complete the payment certificate. (15) Answer to Su Mo Tu We Th Fr Sa In terms of , the PC will be entitled to an adjustment of the contract value. As the site is only handed over on 31 March, the actual number of days he may claim for is 11 1 working days, being as follows: Wednesday 16 Friday 18 March (3 working days) Monday 21 Friday 25 March (5 working days) Monday 28 - Wednesday 30 March (3 working days) Since no breakdown has been furnished and it is a contract with a BoQ, then the following split applies, according to Option A (3.2.1) of the CE Contract Data 2 : 10% which shall not be varied 15 % which shall be varied in proportion to the contract value 75% which shall be varied in proportion to the construction period 3 Since the total amount included under Preliminaries amounts to R 2,940,131.58c excluding VAT and it is a time related claim, the following applies 4 : Page 12 of 15

13 75% 5 of R 2,940,131.58c = R 2,205,098.69c / 175 working days 6 = R 12,600.56c / working day x 11 working days = R138,606.16c excl VAT 8 = R 158, incl VAT 10 Answer to See attached Recovery Statement Answer to See attached Payment Certificate Question 4 20 marks 4.1 On an operating theatre extension to an existing hospital, the principal contractor will use his own Domestic Subcontractor for the glass and aluminium work and a Selected Subcontractor for the electrical and lighting installation, however the Employer insists that the medical gases subcontractor is appointed as a Direct Subcontractor, in view of having done the entire existing medical gas installation in the remainder of the hospital. The Employer also requests that the plumbing subcontract be awarded to a company with whom the Employer has had a long standing working relationship and in view of the specialised nature of the plumbing installation, whom will be appointed as a Nominated Subcontractor. (12) During this contract, the following delays are caused: the glass and aluminium subcontractor delays the principal contractor by 5 working days by failing to have the frames anodised to the correct specification; the electrical and lighting subcontractor delays the principal contractor by 12 working days by failing to have the required theatre light fittings installed on time, due to a delivery delay from the supplier, despite having placed the order well within the program; the plumbing subcontractor delays the principal contractor by 7 working days due to receiving detail drawings late from the Wet Services Engineer; and the gases subcontractor causes a 15 working day delay, by having to send incorrectly wired and piped medical trunking back to the supplier and waiting for delivery of the correct items. Describe the effects that the defaults from each of the respective subcontractors, will have on the revision to the date for practical completion date and any adjustments to the contract value (Forty three) Days after the theatre lights were delivered to site, the principal contractor requests a 12 working day revision to the date of practical completion, in an to the Principal Agent that reads: Dear sir, In view of the delay encountered due to the late delivery of the theatre lights, we hereby claim 12 additional working days to the contract (8) Explain whether you will or will not allow his claim for a revision to the date for practical completion in this instance. Refer to the relevant clauses within the JBCC PBA on which you will base your response If the principal contractor had submitted the same to you 39 days after the delivery date of the theatre lights, would you then allow his claim? Clarify your answer by means of reference to a relevant JBCC PBA clause. Page 13 of 15

14 Answer to In this case, the alumiunium subcontractor is a domestic subcontractor and in terms of clause 23.2 all works and the associated risks remains the exclusive responsibility of the principal contractor. There will therefore be no revision to the date for practical completion, nor any adjustment to the contract value In terms of clause , the principal contractor will be entitled to a 12 working day revision to the date for practical completion, but no adjustment to the contract value In terms of clause , the failure to issue construction information, will cause the principal contractor to be entitled to a 7 working day revision to the date for practical completion plus an adjustment to the preliminaries of the contract value, provided that the date on which this information was required, was clearly stipulated on the principal contractor s program, in terms of clause Clause could also be a consideration for the adjustment to the contract value in this instance In terms of clause , the default by a Direct Subcontractor, will bring about a revision to the date for practical completion, as well as an adjustment to the contract value. 3 Answer to The principal contractor s claim for a revision to the date of practical completion, will NOT be allowed 1. Clause 29.5 states that any such claim shall be submitted to the principal agent 2 within 40 working days of the delay ceasing 3, failing which the contractor shall forfeit the claim In the 2 nd instance, the claim will still be refused 5, because it: a) Made no reference to the relevant clause on which the principal contractor relies as per clause b) Furnished no particulars pertaining to the critical progress toward practical completion as per and c) Did not include any form of calculation as to how the full 12 days were arrived at as per Question 5 20 marks 5.1 List 5 fundamental difference between Arbitration and Litigation as means to resolving disputes under a building agreement: (10) Answers should be written in comparative form, for example: Arbitration is X, whilst Litigation is Y. Answers to 5.1 Any 5 of the following may be stated The arbitrator is an expert in building disputes, whilst the judge may have knowledge of the general law, he/she not have any knowledge pertaining specifically to building disputes The arbitrator is selected by the parties in general, whilst the judge is appointed by the state or the court. 2 Page 14 of 15

15 5.1.3 In arbitration the parties have a say in proceeding arrangements, eg dates, venues, times etc, whilst with litigation, all these are subject to the courts role and a judges availability to hear the dispute Arbitration is a relatively quick process, whilst litigation is could be time consuming due to court dates etc Arbitration is relatively inexpensive, whilst litigation could become very expensive in view of having to employ legal counsel The appeals process in Arbitration may be waved by the parties, whilst in litigation appeal is a certainty List 5 types of contractual Building Agreements and give 1 advantage and 1 disadvantages of each type. (10) Answers to 5.2 Any 5 of the following, may be selected for 5 marks Contract without Quantities Contract without Quantities with a Schedule of Rates Contracts with Bills of Quantities Provisional Quantities Contract Cost-Plus Contract Cost-Plus Contract with a ceiling figure Basic Bill Contract Packaged Contract Turnkey Contract Advantages and disadvantages may be 1 of each of any of those listed under of the SAIA practice manual. ½ Mark to be given for each advantage and each disadvantage. Page 15 of 15