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2013 10 31
- 5. • Listen, don’t write anything down
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 5
- 6. • Listen, don’t write anything down
• These slides are freely available on-line
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 6
- 7. • Listen, don’t write anything down
• These slides are freely available on-line
• There are notes are on-line too!
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 7
- 8. • Listen, don’t write anything down
• These slides are freely available on-line
• There are notes on-line too!
• But, if you’re a compulsive scribbler, I’ve flagged key messages
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 8
- 9. • Listen, don’t write anything down
• These slides are freely available on-line
• There are notes on-line too!
• But, if you’re a compulsive scribbler, I’ve flagged key messages, like so
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 9
- 13. The best things come in threes
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 13
- 14. • Hopefully, I can impress on you
• why you should do anything,
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 14
- 15. • Hopefully, I can impress on you
• why you should do anything, and
• what you can do
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Page 15
Scottish Branch seminar 31/10/13
© Jonathan Hazell
- 16. • Hopefully, I can impress on you
• why you should bother, and
• what you can do, and
• when to do it.
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 16
- 18. Why you should do anything
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 18
- 19. Look after your world
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Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 19
- 22. Look after our world too
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Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 22
- 30. What you can do
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Page 30
Scottish Branch seminar 31/10/13
© Jonathan Hazell
- 33. Don’t forget . . .
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© Jonathan Hazell
Scottish Branch seminar 31/10/13
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- 43. But remember . . .
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 43
- 44. . . . don’t be deflected
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Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 44
- 45. . . . don’t let on to your client
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Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 45
- 46. “You can’t always get what you want,
Writer: JAGGER, MICK / RICHARDS, KEITH Lyrics © ABKCO Music Inc.
http://www.gigslutz.co.uk/wp-content/uploads/2013/07/Rolling-Stones-Hyde-Park-2.jpg
Page 46
Scottish Branch seminar 31/10/13
© Jonathan Hazell
- 47. “You can’t always get what you want,
but if you try sometimes you just
might find you get what you need”
© Jonathan Hazell
Writer: JAGGER, MICK / RICHARDS, KEITH Lyrics © ABKCO Music Inc.
Page 47
Scottish Branch seminar 31/10/13
- 48. Pull all the pieces together . . .
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Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 48
- 49. . . .and get selected?
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© Jonathan Hazell
Page 49
- 51. So, what can you do?
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© Jonathan Hazell
Page 51
- 56. Beware Greeks bearing gifts
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© Jonathan Hazell
Page 56
- 57. If it looks too good to be true . . .
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Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 57
- 58. . . . it probably is
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 58
- 59. Use your antennae . . .
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Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 59
- 60. . . . avoid trouble
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 60
- 61. Write things down
“A verbal contract isn’t worth the
paper it’s written on”
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© Jonathan Hazell
Page 61
- 62. “As every lawyer knows, setting
out clear Terms for any contract,
at the outset, is essential if
subsequent problems are to be
avoided.”
https://www.jspubs.com/
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 62
- 63. “You do not have to say anything.
But it may harm your defence if you
do not mention when questioned
something which you later rely on in
court.
Anything you do say may be given
in evidence.”
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© Jonathan Hazell
Page 63
- 66. This is not always an option . . .
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© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 66
- 69. Let’s start
at the very beginning
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© Jonathan Hazell
Page 69
- 70. What’s a contract?
A promise or set of promises
which the law will enforce.
http://www.lawteacher.net/contract-law/introduction.php
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 70
- 71. A promise or set of promises
which the law will enforce.
• The normal method of enforcement is an action for damages for
breach of contract, though in some cases the court may order
performance by the party in default.
http://www.lawteacher.net/contract-law/introduction.php
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 71
- 72. Elements of a contract
1. Agreement
An agreement is formed when one party accepts the offer of another and
involves a "meeting of the minds".
http://www.lawteacher.net/contract-law/introduction.php
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 72
- 73. 1. Agreement
An agreement is formed when one party accepts the offer of another and
involves a "meeting of the minds".
2. Consideration
Both parties must have provided consideration, i.e., each side must promise to
give or do something for the other.
http://www.lawteacher.net/contract-law/introduction.php
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 73
- 74. 1. Agreement
An agreement is formed when one party accepts the offer of another and
involves a "meeting of the minds".
2. Consideration
Both parties must have provided consideration, i.e., each side must promise to
give or do something for the other.
3. Intention to create legal relations
The parties must have intended their agreement to have legal consequences.
The law will not concern itself with purely domestic or social agreements.
http://www.lawteacher.net/contract-law/introduction.php
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 74
- 75. 4. Capacity
The parties must be legally capable of entering into a contract.
http://www.lawteacher.net/contract-law/introduction.php
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 75
- 76. 4. Capacity
The parties must be legally capable of entering into a contract.
5. Consent
The agreement must have been entered into freely.
Consent may be vitiated by duress or undue influence.
http://www.lawteacher.net/contract-law/introduction.php
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 76
- 77. 4. Capacity
The parties must be legally capable of entering into a contract.
5. Consent
The agreement must have been entered into freely.
Consent may be vitiated by duress or undue influence.
6. Legality
The purpose of the agreement must not be illegal or contrary to public policy.
http://www.lawteacher.net/contract-law/introduction.php
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 77
- 79. How to draft a contract?
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© Jonathan Hazell
Page 79
- 81. Don’t think you’re a dunce
© Jonathan Hazell
Scottish Branch seminar 31/10/13
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Page 81
- 82. • If you haven’t a clue it doesn’t
mean you’re a dunce
© Jonathan Hazell
Scottish Branch seminar 31/10/13
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Page 82
- 83. • If you haven’t a clue it doesn’t
mean you’re a dunce
• If you hadn’t a clue you wouldn’t
be here today
© Jonathan Hazell
Scottish Branch seminar 31/10/13
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Page 83
- 84. Terms and conditions
• Terms and Conditions set out the rights and
obligations of the contracting parties when a
contract is awarded or entered into
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© Jonathan Hazell
Page 84
- 85. • Terms and Conditions set out the rights and
obligations of the contracting parties when a
contract is awarded or entered into
• general conditions are common to all types of
contracts
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© Jonathan Hazell
Page 85
- 86. • Terms and Conditions set out the rights and
obligations of the contracting parties when a
contract is awarded or entered into
• general conditions are common to all types of
contracts
• special conditions are peculiar to a specific contract
(such as contract change conditions, payment
conditions, price variation clauses, penalties).
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© Jonathan Hazell
Page 86
- 87. • There’s very little need to write your own as
there are plenty of pro forma Ts and Cs out
there
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© Jonathan Hazell
Page 87
- 88. • There’s very little need to write your own as
there are plenty of pro forma Ts and Cs out
there
• in the canon of work produced by the AA and
other industry bodies
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© Jonathan Hazell
Page 88
- 89. • There’s very little need to write your own as
there are plenty of pro forma Ts and Cs out
there
• in the canon of work produced by the AA and
other industry bodies
• in the canon of work produced by the legal
profession
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© Jonathan Hazell
Page 89
- 94. Part 35 – Experts and assessors
• 35.1 Duty to restrict expert evidence
Expert evidence shall be restricted to that which is reasonably required to
resolve the proceedings.
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 94
- 95. • 35.1 Duty to restrict expert evidence
Expert evidence shall be restricted to that which is reasonably required to
resolve the proceedings.
• 35.3 Experts – overriding duty to the court
(1) It is the duty of experts to help the court on matters within their expertise.
(2) This duty overrides any obligation to the person from whom experts have
received instructions or by whom they are paid.
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 95
- 98. What steps are left for you?
• Exactly what remains for you to do depends
upon where you fit in the supply chain,
which role are you trying to fulfil?
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© Jonathan Hazell
Page 98
- 99. • Exactly what remains for you to do depends
upon where you fit in the supply chain,
which role are you trying to fulfil?
• custodian
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© Jonathan Hazell
Page 99
- 100. • Exactly what remains for you to do depends
upon where you fit in the supply chain,
which role are you trying to fulfil?
• custodian, or
• client
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© Jonathan Hazell
Page 100
- 101. • Exactly what remains for you to do depends
upon where you fit in the supply chain,
which role are you trying to fulfil?
• custodian, or
• client, or
• contractor
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© Jonathan Hazell
Page 101
- 102. • Exactly what remains for you to do depends
upon where you fit in the supply chain,
which role are you trying to fulfil?
•
•
•
•
custodian, or
client, or
contractor, or
consultant
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© Jonathan Hazell
Page 102
- 104. Riding to the
rescue . . .
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Scottish Branch seminar 31/10/13
- 105. . . . here come the cavalry
• The Association has supported the supply chain
by developing standard terms and conditions
http://www.trees.org.uk
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 105
- 106. • The Association has supported the supply chain
by developing standard terms and conditions
• for contractors
http://www.trees.org.uk
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 106
- 107. • The Association has supported the supply chain
by developing standard terms and conditions
• for contractors, and
• for consultants
http://www.trees.org.uk
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 107
- 108. • . . . but there is still work to be done
http://www.trees.org.uk
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 108
- 110. Define
• From my experience . . .
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 110
- 111. • From my experience . . . for every
instruction
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 111
- 112. • From my experience . . . for every
instruction
• what will you do?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 112
- 113. • From my experience . . . for every
instruction
• what will you do?
• what will you accept responsibility for?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 113
- 114. • From my experience . . . for every
instruction
• what will you do?
• what will you accept responsibility for?
• what will you charge?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 114
- 115. “. . . I will . . .”
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© Jonathan Hazell
Page 115
- 116. 1.
Under this proposal as the consultant I will:
1. undertake a tree survey and provide a report against the requirements of
Design Stages A – D as referred to in Figure 1: The design and construction
process and tree care of BS 5837:2012 Trees in relation to design,
demolition and construction – Recommendations (referred to hereafter as
BS 5837) at the site shown on [raw data] as supplied by [name] by
[email/post] on [date received].
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 116
- 117. Do you need a sub-contractor?
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© Jonathan Hazell
Page 117
- 118. Got the paperwork sorted?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 118
- 119. Don’t get carried away
• Don’t go beyond
your competence
or expertise
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© Jonathan Hazell
Page 119
- 120. Define
• From my experience . . . for every
instruction
•
•
•
•
© Jonathan Hazell
what will you do?
what will you accept responsibility for?
what will you charge?
what will you not do?
Scottish Branch seminar 31/10/13
Page 120
- 121. • From my experience . . . for every
instruction
•
•
•
•
•
© Jonathan Hazell
what will you do?
what will you accept responsibility for?
what will you charge?
what will you not do?
what will you not accept responsibility or
liability for?
Scottish Branch seminar 31/10/13
Page 121
- 122. “. . . I will not . . .”
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Page 122
- 123. 2.
Under this proposal as the consultant I will not:
1. meet or contact the local planning authority’s officers to discuss the project
that is the subject of the consultancy service; if required those actions will
be considered to be a variation
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 123
- 124. 2.
Under this proposal as the consultant I will not:
1. meet or contact the local planning authority’s officers to discuss the project
that is the subject of the consultancy service; if required those actions will
be considered to be a variation
2. accept any liability that may arise from third-party post-processing of the
data that I have captured or recorded unless I have been given adequate
opportunity to confirm the veracity of those outputs before they are
forwarded to another party.
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 124
- 125. Define
• From my experience . . .
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 125
- 126. • From my experience . . . almost without
exception
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 126
- 127. • From my experience . . . almost without
exception
• the client or customer may need firm guidance
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 127
- 128. • From my experience . . . almost without
exception
• the client or customer may need firm guidance
• the process flow chart will be tortured
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 128
- 129. • From my experience . . . almost without
exception
• the client or customer may need firm guidance
• the process flow chart will be tortured
• you will learn something to use later
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 129
- 130. Mean what you say
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 130
- 134. When to do it?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 134
- 135. Before it’s too late!
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- 137. Design
• From my experience . . .
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© Jonathan Hazell
Page 137
- 138. • From my experience . . . start by looking the
wrong way down the telescope
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Page 138
- 140. • From my experience . . .
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Page 140
- 141. • From my experience . . . agree the
deliverables before you start
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Page 141
- 142. James England – james@England.ac
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 142
- 143. James England – james@England.ac
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 143
- 144. • From my experience . . .
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© Jonathan Hazell
Page 144
- 145. • From my experience . . . only collect the
information you need
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- 147. • From my experience . . .
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- 148. • From my experience . . . don’t over-promise
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- 151. Design
• Your client has defined what they want
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 151
- 153. • Your client has defined what they want
• You have defined what you can deliver
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 153
- 155. • Your client has defined what they want
• You have defined what you can deliver
• Now, you need to agree the deliverables
or outputs
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 155
- 158. • Decide how few outputs will deliver the brief
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 158
- 159. • Decide how few outputs will deliver the brief
• Decide which supporting documents will you
need
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 159
- 160. • Decide how few outputs will deliver the brief
• Decide which supporting documents will you
need
• What pieces of information is it likely that
your opinion be based on?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 160
- 161. • Decide how few outputs will deliver the brief
• Decide which supporting documents will you
need
• What pieces of information is it likely that
your opinion be based on?
• How will you illustrate what you’re saying?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 161
- 162. • Decide how few outputs will deliver the brief
• Decide which supporting documents will you
need
• What pieces of information is it likely that
your opinion be based on?
• How will you illustrate what you’re saying?
• Go and get on with it
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 162
- 163. Don’t forget
You do not have to say anything.
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Page 163
- 164. You do not have to say anything.
But it may harm your defence if you do not
mention when questioned something which
you later rely on in court.
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Page 164
- 165. You do not have to say anything.
But it may harm your defence if you do not
mention when questioned something which
you later rely on in court.
Anything you do say may be given in evidence.
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© Jonathan Hazell
Page 165
- 167. You may know what you want . . .
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 167
- 168. . . . but, can you persuade
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 168
- 169. . . . but, can you persuade
• the architect, or developer, or
quantity surveyor?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 169
- 170. . . . but, can you persuade
• the architect, or developer, or
quantity surveyor?
• the planners?
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© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 170
- 171. . . . but, can you persuade
• the architect, or developer, or
quantity surveyor?
• the planners?
• the clerk of works?
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© Jonathan Hazell
Page 171
- 172. . . . but, can you persuade
• the architect, or developer, or
quantity surveyor?
• the planners?
• the clerk of works?
• the digger driver?
http://technotab.com/wp-content/uploads/2012/04/design-tools.jpg
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© Jonathan Hazell
Page 172
- 173. . . . but, can you persuade
• the architect, or developer, or
quantity surveyor?
• the planners?
• the clerk of works?
• the digger driver?
• the ground worker?
http://th00.deviantart.net/fs71/PRE/i/2011/030/1/9/bottle__russian_vodka_by_special_k_001-d38eg90.jpg
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© Jonathan Hazell
Page 173
- 174. . . . but, can you persuade
• the architect, or developer, or
quantity surveyor?
• the planners?
• the clerk of works?
• the digger driver?
• the ground worker?
• the owner/site manager?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 174
- 175. . . . but, can you persuade
• the architect, or developer, or
quantity surveyor?
• the planners?
• the clerk of works?
• the digger driver?
• the ground worker?
• the owner/site manager?
• your client?
http://images3.wikia.nocookie.net/__cb20120506011827/disney/images/d/d5/TheMuppetsGroupshot2011.jpg
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© Jonathan Hazell
Page 175
- 177. How to get what you want?
• All sorts of styles of contract
• fixed price
• Schedule of Rates
• call off
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 177
- 178. • All sorts of styles of contract
• fixed price
• Schedule of Rates
• call off
© Jonathan Hazell
• All sorts of specifications
• the good,
• the bad, and
• the plain ugly
Scottish Branch seminar 31/10/13
Page 178
- 179. • All sorts of clients
•
•
•
•
•
•
•
domestic
commercial
publicly funded
knowledgeable
know all's
interested amateurs
un-knowing professionals
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 179
- 180. • All sorts of clients
•
•
•
•
•
•
•
domestic
commercial
publicly funded
knowledgeable
know all's
interested amateurs
un-knowing professionals
© Jonathan Hazell
• All sorts of ways of securing a
good service
•
•
•
•
•
employ a good contractor
employ a good specification
employ a good site manager
set up a beauty parade
develop trust through the supply
chain
Scottish Branch seminar 31/10/13
Page 180
- 181. • All sorts of clients
•
•
•
•
•
•
•
domestic
commercial
publicly funded
knowledgeable
know all's
interested amateurs
un-knowing professionals
• All sorts of ways of securing a
good service
•
•
•
•
•
employ a good contractor
employ a good specification
employ a good site manager
set up a beauty parade
develop trust through the supply
chain
• Limited opportunities in the
public realm to explore all of
these
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 181
- 182. Some examples, good and bad
• The Client is seeking arboricultural companies to provide
arboricultural survey services to locate and identify trees that are
interfering with the overhead electricity network along specified
circuits at all voltages that have been prioritised across the entire east
and west service areas. Suitable companies will provide competent
and qualified surveyors to:
1. Locate and identify trees along identified and prioritised circuits;
2. Identify and specify the tree cutting work required to each tree;
3. For each area of survey to prepare a Bill of Quantities, (including location
maps) for the tree cutting contractors to follow and execute;
© E.ON The Client, 2008
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 182
- 183. 4. To make contact with landowners and grantors and obtain their consent for
the tree work required;
5. To audit the work for quality and adherence to BS3998 and ENA TS43-8
post cutting and to sign off the work as complete;
6. To liaise with tree cutting contractors and their cutting crews in their area
of survey;
7. To obtain the sign off of the landowners and grantors that the work has
been completed satisfactorily and the land left clean and tidy of the
contractors work;
© E.ON The Client, 2008
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 183
- 184. 8. To maintain accurate records for The Client of (i) all surveys completed; (ii)
all written consents and completions; (iii) all completed cutting works; and
(iv) all audit records;
9. To make the records available to The Client on a regular basis for entry onto
the company’s SAP database;
10. To liaise with The Client’s Tree & Vegetation Planning & Policy Manager and
with Infrastructure Services’ Tree Contract Manager, Tree Programme
Manager, Tree Policy Manager, Tree Contract Delivery Managers & Project
Managers
© E.ON The Client, 2008
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 184
- 185. © English Partnerships, 2008Connaught Barracks, Dover
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 185
- 186. • What is meant by “A phase One tree survey” or “root protection
zones”
© English Partnerships, 2008Connaught Barracks, Dover
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 186
- 187. • What is meant by “A phase One tree survey” or “root protection
zones”
• Why should you need to “map existing tree locations”
© English Partnerships, 2008Connaught Barracks, Dover
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 187
- 190. www.with Paul in the room I’d rather not reveal the source of this woeful material.jrh.co.uk
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 190
- 191. ELEMENT
STAGE
STAGE %
PRICE
Quality – Method Statement
Stage 1
Stage 2
60%
40%
CUMULATIVE TOTAL
Percentage out of 100%
60%
40%
Quality - Interview
Quality – Final Moderation
Stage 4
Stage 5
Not scored
Not scored
TOTAL
Not scored
Not scored
100%
Produced by NHMF – NHF TREEWORKS - Ver 6 – Invitation to Tender
Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 191
- 192. ELEMENT
STAGE
STAGE %
PRICE
Quality – Method Statement
Stage 1
Stage 2
60%
40%
CUMULATIVE TOTAL
Percentage out of 100%
60%
40%
Quality - Interview
Quality – Final Moderation
Stage 4
Stage 5
Not scored
Not scored
TOTAL
Not scored
Not scored
100%
• I find this sort of thing weak: why don’t clients be open and tell the
contractor what they expect?
Produced by NHMF – NHF TREEWORKS - Ver 6 – Invitation to Tender
Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 192
- 193. ELEMENT
STAGE
STAGE %
PRICE
Quality – Method Statement
Stage 1
Stage 2
60%
40%
CUMULATIVE TOTAL
Percentage out of 100%
60%
40%
Quality - Interview
Quality – Final Moderation
Stage 4
Stage 5
Not scored
Not scored
TOTAL
Not scored
Not scored
100%
• I find this sort of thing weak: why don’t clients be open and tell the
contractor what they expect?
• The process gets progressively worse for the contractor
Produced by NHMF – NHF TREEWORKS - Ver 6 – Invitation to Tender
Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 193
- 194. Bidder’s are advised that the Stage 2 quality score will be weighted as
follows:
Section of Method Statement
Customer Care
Management of work and management/supervisory
structures
IT systems
Continuous Improvement
© Jonathan Hazell
Percentage out of 100%
5%
25%
5%
5%
Scottish Branch seminar 31/10/13
Page 194
- 195. • Stage 3
At the completion of stages 1 and 2 an overall assessment will be
undertaken
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 195
- 196. • Stage 4
A further assessment of quality and performance by means of technical
interviews. This is designed to examine in more detail the issues
covered by the Bidder’s submitted Method Statement and the impact
in terms of the successful day to day operation and management of the
Contract and development of partnering to ensure the provision of a
high quality service. The overall evaluation on quality and price will be
adjusted to take into account the outcomes of the interview.
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 196
- 197. • Stage 5
Final moderation stage, which may involve a further round of technical
interviews, case studies, taking up further references and site visits.
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 197
- 198. • Stage 5
Final moderation stage, which may involve a further round of technical
interviews, case studies, taking up further references and site visits.
• Expensive,
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 198
- 199. • Stage 5
Final moderation stage, which may involve a further round of technical
interviews, case studies, taking up further references and site visits.
• Expensive, time wasting,
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 199
- 200. • Stage 5
Final moderation stage, which may involve a further round of technical
interviews, case studies, taking up further references and site visits.
• Expensive, time wasting, tosh
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 200
- 203. • Beauty parade
• Output specification
http://2.bp.blogspot.com/-rL5ka9a_fzw/T0gK_7-A63I/AAAAAAAArl0/3CaPncLf4aU/s1600/westminster-dog-show-photo.jpg
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© Jonathan Hazell
Page 203
- 204. • Beauty parade
• Output specification
• Fixed price
http://2.bp.blogspot.com/-rL5ka9a_fzw/T0gK_7-A63I/AAAAAAAArl0/3CaPncLf4aU/s1600/westminster-dog-show-photo.jpg
Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 204
- 205. • Beauty parade
• Output specification
• Fixed price
• “We’ll spend ££££ in
year 1, ££££ in years 2
and 3”
http://2.bp.blogspot.com/-rL5ka9a_fzw/T0gK_7-A63I/AAAAAAAArl0/3CaPncLf4aU/s1600/westminster-dog-show-photo.jpg
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© Jonathan Hazell
Page 205
- 209. Deliver
• From my experience . . .
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 209
- 210. • From my experience . . .
• this can be fraught
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 210
- 211. • From my experience . . .
• this can be fraught
• control is vital
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 211
- 212. • From my experience . . .
• this can be fraught
• control is vital
• a timetable is important
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 212
- 213. • From my experience . . .
•
•
•
•
© Jonathan Hazell
this can be fraught
control is vital
a timetable is important
flexibility can be a strength
Scottish Branch seminar 31/10/13
Page 213
- 214. • From my experience . . .
•
•
•
•
this can be fraught
control is vital
a timetable is important
flexibility can be a strength
• Make sure you have gathered all the
information you need
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 214
- 215. • From my experience . . .
•
•
•
•
this can be fraught
control is vital
a timetable is important
flexibility can be a strength
• Make sure you have gathered all the
information you need, but no more
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 215
- 216. • From my experience . . .
•
•
•
•
this can be fraught
control is vital
a timetable is important
flexibility can be a strength
• Make sure you have gathered all the
information you need, but no more
• Deliver the agreed output “client-ready”
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 216
- 217. You may know what you want . . .
• Did you persuade the planners?
http://www.eims.com.au/Images/PLANNING%20OFFICER.gif
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 217
- 218. • Did you persuade the planners?
• The designers and cost
consultants?
http://www.artifolk.co.uk/images/products/12783x300.jpg
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 218
- 219. • Did you persuade the planners?
• The designers and cost
consultants?
• The clerk of works?
http://technotab.com/wp-content/uploads/2012/04/design-tools.jpg
Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 219
- 220. • Did you persuade the planners?
• The designers and cost
consultants?
• The clerk of works?
• The digger driver?
http://technotab.com/wp-content/uploads/2012/04/design-tools.jpg
Scottish Branch seminar 31/10/13
© Jonathan Hazell
Page 220
- 221. • Did you persuade the planners?
• The designers and cost
consultants?
• The clerk of works?
• The digger driver?
• The ground worker?
http://th00.deviantart.net/fs71/PRE/i/2011/030/1/9/bottle__russian_vodka_by_special_k_001-d38eg90.jpg
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© Jonathan Hazell
Page 221
- 222. • Did you persuade the planners?
• The designers and cost
consultants?
• The clerk of works?
• The digger driver?
• The ground worker?
• The owner/site manager?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 222
- 223. • Did you persuade the planners?
• The designers and cost
consultants?
• The clerk of works?
• The digger driver?
• The ground worker?
• The owner/site manager?
• Your client?
http://images3.wikia.nocookie.net/__cb20120506011827/disney/images/d/d5/TheMuppetsGroupshot2011.jpg
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© Jonathan Hazell
Page 223
- 226. What was the brief?
• What are your client’s expectations?
http://www.abc.net.au/news/linkableblob/3662168/data/students-sitting-an-exam-data.jpg
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© Jonathan Hazell
Page 226
- 227. • What are your client’s expectations?
• Have you answered the question that
you framed?
http://www.abc.net.au/news/linkableblob/3662168/data/students-sitting-an-exam-data.jpg
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© Jonathan Hazell
Page 227
- 228. • What are your client’s expectations?
• Have you answered the question that
you framed?
• Have you got the data you need?
http://www.abc.net.au/news/linkableblob/3662168/data/students-sitting-an-exam-data.jpg
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© Jonathan Hazell
Page 228
- 229. • What are your client’s expectations?
• Have you answered the question that
you framed?
• Have you got the data you need?
• Have you done your research?
http://www.abc.net.au/news/linkableblob/3662168/data/students-sitting-an-exam-data.jpg
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© Jonathan Hazell
Page 229
- 230. • What are your client’s expectations?
• Have you answered the question that
you framed?
• Have you got the data you need?
• Have you done your research?
• Do you have the references you need?
http://www.abc.net.au/news/linkableblob/3662168/data/students-sitting-an-exam-data.jpg
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© Jonathan Hazell
Page 230
- 231. • What are your client’s expectations?
• Have you answered the question that
you framed?
• Have you got the data you need?
• Have you done your research?
• Do you have the references you need?
• Are you comfortable with your
output?
http://www.abc.net.au/news/linkableblob/3662168/data/students-sitting-an-exam-data.jpg
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© Jonathan Hazell
Page 231
- 232. Remember your audience
1. Never use a metaphor, simile, or
other figure of speech which you are
used to seeing in print.
http://whyevolutionistrue.files.wordpress.com/2010/07/george-orwell.jpg
© Jonathan Hazell
Scottish Branch seminar 31/10/13
http://www.orwell.ru/library/essays/politics/english/e_polit
Page 232
- 233. 2. Never use a long word where a short
one will do.
http://whyevolutionistrue.files.wordpress.com/2010/07/george-orwell.jpg
Scottish Branch seminar 31/10/13
© Jonathan Hazell
http://www.orwell.ru/library/essays/politics/english/e_polit
Page 233
- 234. 3. If it is possible to cut a word out,
always cut it out.
http://whyevolutionistrue.files.wordpress.com/2010/07/george-orwell.jpg
Scottish Branch seminar 31/10/13
© Jonathan Hazell
http://www.orwell.ru/library/essays/politics/english/e_polit
Page 234
- 235. 4. Never use the passive where you
can use the active.
http://whyevolutionistrue.files.wordpress.com/2010/07/george-orwell.jpg
Scottish Branch seminar 31/10/13
© Jonathan Hazell
http://www.orwell.ru/library/essays/politics/english/e_polit
Page 235
- 236. 5. Never use a foreign phrase, a
scientific word, or a jargon word if
you can think of an everyday English
equivalent.
http://whyevolutionistrue.files.wordpress.com/2010/07/george-orwell.jpg
Scottish Branch seminar 31/10/13
© Jonathan Hazell
http://www.orwell.ru/library/essays/politics/english/e_polit
Page 236
- 237. 6. Break any of these rules sooner than
say anything outright barbarous.
http://whyevolutionistrue.files.wordpress.com/2010/07/george-orwell.jpg
Scottish Branch seminar 31/10/13
© Jonathan Hazell
http://www.orwell.ru/library/essays/politics/english/e_polit
Page 237
- 238. Have you delivered?
• Should it ever come to a dispute
can you convince all parties,
including yourself, that you have
delivered against your brief?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 238
- 239. The logic test
. . .it may harm your defence if
you do not mention when
questioned something which
you later rely on . . .
http://c252289.r89.cf3.rackcdn.com/267375.jpg
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 239
- 240. . . .it may harm your defence if
you do not mention when
questioned something which
you later rely on . . .
• Can a continuous thread be
seen throughout your work?
http://c252289.r89.cf3.rackcdn.com/267375.jpg
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 240
- 241. . . .it may harm your defence if
you do not mention when
questioned something which
you later rely on . . .
• Can a continuous thread be
seen throughout your work?
• Do your conclusions flow?
http://c252289.r89.cf3.rackcdn.com/267375.jpg
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 241
- 242. . . .it may harm your defence if
you do not mention when
questioned something which
you later rely on . . .
• Can a continuous thread be
seen throughout your work?
• Do your conclusions flow?
• Do your recommendations
make sense?
http://c252289.r89.cf3.rackcdn.com/267375.jpg
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 242
- 250. “. . . when there is in prospect
a good that is certain and an
evil that is uncertain, it is
wrong not to do the good for
fear of the evil.”
Somerset Maugham, W. (1946) Then and now. London: Vintage 09 928686 6, p. 100
http://upload.wikimedia.org/wikipedia/commons/3/3e/Niccolo_Machiavelli_uffizi.jpg
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© Jonathan Hazell
Page 250
- 259. Finally . . .
• By invoicing you confirm that you have
completed your commission and you are
fully satisfied that the work meets the brief.
http://i.dailymail.co.uk/i/pix/2008/11/28/article-1090136-02A18192000005DC-531_468x383.jpg
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© Jonathan Hazell
Page 259
- 260. • By invoicing you confirm that you have
completed your commission and you are
fully satisfied that the work meets the brief.
• BUT – queries you receive after the issue of
your invoice will require you to answer
them, these may not be variations.
http://i.dailymail.co.uk/i/pix/2008/11/28/article-1090136-02A18192000005DC-531_468x383.jpg
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© Jonathan Hazell
Page 260
- 261. • By invoicing you confirm that you have
completed your commission and you are
fully satisfied that the work meets the brief.
• BUT – queries you receive after the issue of
your invoice will require you to answer
them, these may not be variations.
• It is not unreasonable to expect you to do
everything in your power to resolve any
questions raised, which may mean a return
site visit at your expense.
http://i.dailymail.co.uk/i/pix/2008/11/28/article-1090136-02A18192000005DC-531_468x383.jpg
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© Jonathan Hazell
Page 261
- 262. ‘coz it says so . . .
“4.
Limit of consultant’s liability
1. If any part of the consultancy services are performed negligently
or in breach of the provisions of this agreement then at the
request of the client (if the request is made within six months of
the date of completion of the consultancy services) the
consultant will re-perform the relevant part of the consultancy
services subject to clauses 4.2 and 4.3 below.
http://www.trees.org.uk
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 262
- 263. 4.
Limit of consultant’s liability
2. Except in the case of death or personal injury caused by the
consultant's negligence the consultant's liability under or in
connection with this agreement whether arising in contract tort
breach of statutory duty or otherwise shall not exceed the
greater of the consultant charges or the amount recoverable
under the consultant's professional indemnity policy (if
applicable).
http://www.trees.org.uk
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 263
- 264. 4.
Limit of consultant’s liability
3. The consultant shall not be liable for any loss or damage or
expenses of any nature incurred or suffered by the client of an
indirect or consequential nature including without limitation any
economic loss, loss of profits turnover, business or goodwill.”
http://www.trees.org.uk
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 264
- 268. • Your take home messages
include
© Jonathan Hazell
1. Look after your world
Scottish Branch seminar 31/10/13
Page 268
- 269. • Your take home messages
include
© Jonathan Hazell
1. Look after your world
2. Look after our world
Scottish Branch seminar 31/10/13
Page 269
- 270. • Your take home messages
include
© Jonathan Hazell
1. Look after your world
2. Look after our world
3. You can’t always get what you
want
Scottish Branch seminar 31/10/13
Page 270
- 271. • Your take home messages
include
© Jonathan Hazell
1. Look after your world
2. Look after our world
3. You can’t always get what you
want
4. Define, design, deliver
Scottish Branch seminar 31/10/13
Page 271
- 272. • Your take home messages
include
© Jonathan Hazell
1. Look after your world
2. Look after our world
3. You can’t always get what you
want
4. Define, design, deliver
5. Take your time to get the offer
right
Scottish Branch seminar 31/10/13
Page 272
- 273. • Your take home messages
include
© Jonathan Hazell
1. Look after your world
2. Look after our world
3. You can’t always get what you
want
4. Define, design, deliver
5. Take your time to get the offer
right
6. Start at the beginning
Scottish Branch seminar 31/10/13
Page 273
- 275. 7. Define
8. Edit carefully
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 275
- 276. 7. Define
8. Edit carefully
9. Design
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 276
- 277. 7. Define
8. Edit carefully
9. Design
10. Edit carefully
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 277
- 278. 7. Define
8. Edit carefully
9. Design
10. Edit carefully
11. Deliver client ready data
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 278
- 279. 7. Define
8. Edit carefully
9. Design
10. Edit carefully
11. Deliver client ready data
12. Have you met your client’s
expectations?
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 279
- 281. If it all goes pear shaped . . .
http://3.bp.blogspot.com/_bHwExYECqfY/TAeAY6lOBfI/AAAAAAAAANE/-zAWooT01DM/s1600/A0180v18_0027023.jpg
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© Jonathan Hazell
Page 281
- 282. • get the good guys on side as
soon as possible
http://www.ftb.eu.com/_images/charles-mynors(33).jpg
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 282
- 283. • get the good guys on side as
soon as possible
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 283
- 284. Otherwise . . .
http://static.guim.co.uk/sys-images/Guardian/Pix/pictures/2013/7/15/1373895233092/Sir-John-Thomas-010.jpg
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© Jonathan Hazell
Page 284
- 285. . . . see you in court
http://alisonbattisby.files.wordpress.com/2008/11/london-scene-094.jpg
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© Jonathan Hazell
Page 285
- 286. . . . or maybe the Supreme Court?
http://www.supremecourt.gov.uk/images/welcome-from-lord-neuberger.jpg
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© Jonathan Hazell
Page 286
- 288. So, please take note!
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 288
- 289. Some examples
• I’ve put a model proposal for
consultancy services on
http://jhazell.com/?page_id=200, or
• I’ve also put an example of tender
documents for tree work services there,
but you’ll need to refer to both GN8 and
BS3998 to understand it
© Jonathan Hazell
Scottish Branch seminar 31/10/13
Page 289
- 290. Download this presentation from
email jonathan@jhazell.com for the link
http://digitaltutorials.jrn.columbia.edu/wp-content/uploads/2011/07/Dropbox_Logo1.png
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© Jonathan Hazell
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- 291. View this presentation again
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Scottish Branch seminar 31/10/13
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