CON102: Legislation, Health, and Safety: Tendering Administration Processes for Construction Projects Case Study, OP, New Zealand

Assessment 1: Legislation, Health, and Safety

Learning outcomes
This assessment covers the following learning outcomes:

• LO1: Describe the purpose of specific legislation relevant to the construction industry.
• LO2: Demonstrate knowledge of the requirements of the Health & Safety Act in the construction environment.

Task 1: Health and Safety Duties and Responsibilities Report
Report on Health and Safety Duties and Responsibilities (word count estimate 600-700). The 10 key issues to address in this report are:
1. The objective of Health and Safety legislation.

2. The role of WorkSafe New Zealand

3. The purpose and operation of the Site-Specific Safety Plan

4. The identification of and requirements regarding the performance of hazardous work

5. The identification of and requirements regarding notifiable events

6. Provide an example of how working on the roof of a 2 story classroom should be managed

7. Describe the Health and Safety role and responsibilities of the Naka School Board of Trustees

8. Describe the Health and Safety role and responsibilities of the Head Contractor

9. Describe the Health and Safety role and responsibilities of a carpenter employed by the Contractor

10. Describe the Health and Safety role and responsibilities of plumber undertaking subcontract work for the Head Contractor

Task 2: General and Specific Legal Controls Report.
Report on general and specific legal controls (word count estimate 600-700). Answer the following ten queries in your report:

1. What must occur for two parties to form a legally enforceable contract between them.

2. What steps are required for a tender process to result in the formation of a contract between the selected contractor and the Ngake School Board of Trustees.

3. What are 3 ways that a contract between the contractor and Ngake School Board of Trustees could come to an end.

4. Describe why building height, potentially even a small part of a roof in the proposed Ngake School alteration design, could result in the Hutt City Council not approving its construction. Explain the process that would be required to obtain permission to proceed with the design if this was an issue.

5. Birdwood Architects stated that they employed “acceptable solutions as their main way of achieving code compliance”. Explain what they mean. Include reference to the controlling legislation in your answer.

6. Birdwood Architects have recommended using NZS3910:2013. Explain what they mean and the benefits of using this particular form of general conditions of contract.

7. Birdwood Architects have advised Ngake School Board of Trustees that the contract between them and the contractor will have to comply with the Construction Contracts Act 2002. Explain what they mean and the benefits of the adjudication process included in the Act.

8. Ngake School Board of Trustees have asked Birdwood Architects to explain how the Consumer Guarantee Act 1993 provides a guarantee that the work carried out by the contractor is of an acceptable standard. Explain whether or not this Act provides a performance guarantee that the Board can call on to have construction faults fixed. Discuss any alternatives.

9. A member of the Board of Trustees is concerned that they could be sued by a neighbor in Tort. Describe a situation that could justify their concerns and how the BOT could protect itself from possible financial liability.

10. A member of the Board of Trustees wants to know how they could be assured that, before letting school pupils and staff use the newly completed facilities, they had met their legal obligation to ensure the risk of harming anyone had been minimized.

Task 3: Locating Local Authority Information Report.
For this part of the report, base site-specific information on the very real Fergusson Intermediate School (instead of the fictional Ngake School ). Fergusson Intermediate School is located on Hikurangi Street, Upper Hutt.

Follow these steps to get started:

• Search for: Upper Hutt City Council. and go to their website.
• Click on Map
• Click on: Launch Xplorer
• Type this Assessment number in the search box: 1592042700A
• Fergusson Intermediate School’s property comprises several lots. The 2 lots of interest are identified by the following: ID 3939298 & ID 4032226

Once you obtained the information above, write a report (word count estimate 30-40). The 10 key issues to address in this report are:

1. Identify and state the legal descriptions (i.e. Lot number and Deposited Plan number) for each of the parcels of land: ID 3939298 & ID 4032226.

2. Measure and state the land area (in square meter units) and perimeter length (in meter units) for IDs: 3939298 & 4032226.

3. Locate and view the sewer pipe services and state the invert height at the sewer access points with manhole cover heights of 48.39m and 47.32m respectively. (Hint: explore layers)

4. For Valuation Number 15920-42700A, using the “as valued at 1 August 2019” figures, quote the stated $ values for New Land Value, New Improvement Values and New Capital Value.

5. For Parcels ID’s: 3939298 & 4032226, quote the Wind Zone (you may need to visit BRANZ maps for this) and the District Plan Zone

6. From the Upper Hutt City Council website, copy and paste the Building Consent application URL

7. From the Upper Hutt City Council website, copy and paste the Resource Consent application URL

8. From the Upper Hutt City Council website, copy and paste the Water Supply Application URL

9. From the Upper Hutt City Council website, copy and paste the Code Compliance Certificate Application URL

10. From the Upper Hutt City Council website, copy and paste the Producer Statement for PS3 General Construction URL