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RICS Professional Guidance, UK

1st edition, guidance note

GN 107/2013

Appointing a project manager

Appointing a project managerRICS guidance note, UK

1st edition (GN 107/2013)

Published by the Royal Institution of Chartered Surveyors (RICS)

Parliament Square

London SW1P 3AD

UK

www.rics.org

No responsibility for loss or damage caused to any person acting or refraining from action as a result of the material included in thispublication can be accepted by the authors or RICS.

Produced by the Project Management Professional Group of the Royal Institution of Chartered Surveyors.

ISBN 978 1 78321 018 3

Royal Institution of Chartered Surveyors (RICS) April 2013. Copyright in all or part of this publication rests with RICS. No part of thiswork may be reproduced or used in any form or by any means including graphic, electronic, or mechanical, including photocopying,recording, taping or Web distribution, without the written permission of the Royal Institution of Chartered Surveyors or in line with the rulesof an existing license.

Typeset in Great Britain by Columns Design XML Ltd, Reading, Berks

Acknowledgments

This guidance note was produced by the RICS Project Management Professional Group. RICS wouldlike to express its thanks to the following who contributed to its development.

Lead author:

+ Thurstan Ollerearnshaw

Project Management Board:

+ Chair: Anne McCann

+ Andrew McSmythurs

+ Andrew Underwood

+ Chris Soffe

+ Darren Talbot

+ David Reynolds

+ Don Hyslop

+ Lex Blakeley-Glover

+ Martin Woods

+ Matt Wilderspin

+ Neil Read

+ Richard Schofield

+ Richard Vaughan

+ Sandro Schembri

+ Stuart Togwell

+ Timothy Fry

+ Alan Muse (RICS, Director of Built Environment Professional Groups)

APPOINTING A PROJECT MANAGER | iii

Contents

RICS guidance notes 1Glossary 31 Introduction 4

1.1 Aims................................................................................................................................ 41.2 Project management and the project manager ............................................................. 5

2 Roles and responsibilities 72.1 The role of the project manager .................................................................................... 72.2 Project managers as strategic advisors ........................................................................ 82.3 Portfolio, programme and project management............................................................ 9

3 Appointing a project manager 103.1 Qualities to look for when selecting a project manager................................................ 103.2 Advantages of appointing a Chartered Project Management Surveyor ....................... 103.3 Evaluating proposals for project management services ............................................... 113.4 Types of contract for consultant project manager appointment................................... 13

3.4.1 Lump sum contract............................................................................................... 133.4.2 Time based (reimbursable) contract ..................................................................... 133.4.3 Target contracts .................................................................................................... 133.4.4 Term contracts and frameworks ........................................................................... 133.4.5 Fixed price verses fluctuating............................................................................... 13

3.5 Recording the appointment ........................................................................................... 143.6 Scope of services........................................................................................................... 15

4 Other issues 174.1 Project manager and design roles ................................................................................. 174.2 Project manager as an employee .................................................................................. 17

AppendicesA: Schedule of JCT, NEC and FIDIC contracts showing terms used for the entity thatadminister the conditions ...............................................................................................................

18

B: Summary of common standards forms of appointment........................................................... 20C: Typical quality criteria for assessing consultant project management proposals.................... 21D: Comparison of development stages in use .............................................................................. 23References...................................................................................................................................... 24

iv | APPOINTING A PROJECT MANAGER

RICS guidance notes

This is a guidance note. Where recommendations are made for specific professional tasks, these areintended to represent ‘best practice’, i.e. recommendations which in the opinion of RICS meet a highstandard of professional competence.

Although members are not required to follow the recommendations contained in the note, theyshould take into account the following points.

When an allegation of professional negligence is made against a surveyor, a court or tribunal maytake account of the contents of any relevant guidance notes published by RICS in deciding whetheror not the member had acted with reasonable competence.

In the opinion of RICS, a member conforming to the practices recommended in this note shouldhave at least a partial defence to an allegation of negligence if they have followed those practices.However, members have the responsibility of deciding when it is inappropriate to follow theguidance.

It is for each member to decide on the appropriate procedure to follow in any professional task.However, where members do not comply with the practice recommended in this note, they shoulddo so only for a good reason. In the event of a legal dispute, a court or tribunal may require them toexplain why they decided not to adopt the recommended practice. Also, if members have notfollowed this guidance, and their actions are questioned in an RICS disciplinary case, they will beasked to explain the actions they did take and this may be taken into account by the Panel.

In addition, guidance notes are relevant to professional competence in that each member should beup to date and should have knowledge of guidance notes within a reasonable time of their cominginto effect.

This guidance note is believed to reflect case law and legislation applicable at its date of publication.It is the member’s responsibility to establish if any changes in case law or legislation after thepublication date have an impact on the guidance or information in this document.

APPOINTING A PROJECT MANAGER | 1

Document status definedRICS produces a range of standards products. These have been defined in the table below. Thisdocument is a guidance note.

Type of document Definition StatusStandardInternational Standard An international high level principle based

standard developed in collaboration withother relevant bodies

Mandatory

Practice StatementRICS practicestatement

Document that provides members withmandatory requirements under Rule 4 of theRules of Conduct for members

Mandatory

GuidanceRICS Code of Practice Document approved by RICS, and endorsed

by another professional body / stakeholderthat provides users with recommendationsfor accepted good practice as followed byconscientious practitioners

Mandatory orrecommended goodpractice (will beconfirmed in thedocument itself)

RICS Guidance Note(GN)

Document that provides users withrecommendations for accepted goodpractice as followed by competent andconscientious practitioners

Recommended goodpractice

RICS Information Paper(IP)

Practice based information that providesusers with the latest information and/orresearch

Information and/orexplanatory commentary

2 | APPOINTING A PROJECT MANAGER

Glossary

In this guidance note, the following terms and expressions are used, with the following meanings:

project manager(PM)

The person, practice or employee appointed by an employer to lead and manage theproject and be accountable to the project sponsor or project board for its successfulcompletion.

building contract The contract between the employer and contractor, whether or not in writing or in astandard form. This guidance note refers to standard forms published by JCT, FIDIC andNEC (see Appendix A for details).

chartered projectmanagementsurveyor

Individuals who have successfully completed the RICS’ project management assessmentof professional competence are permitted to use the term chartered project managementsurveyor.

contractadministrator (CA)

The person or practice appointed by an employer to administer the contract between theemployer and the contractor (this role may be undertaken by the project manager). Seethe RICS guidance note Contract administration for more detail.

contractor The building contractor engaged by the employer to undertake construction works andoperations on behalf of the employer.

designer The person(s) or practice(s) employed to design the works being undertaken by thecontractor. This may be for building works, the structure, mechanical and electricalservices, etc. and can include the contractor or sub-contractors where appropriatecontract provisions are used.

developmentmanager

The person or practice appointed to manage the development process. See the RICSguidance note Development management for more detail.

employer (client) The person or organisation engaging the project manager (and others) and contractingwith the contractor. The term ‘client’ is often substituted when describing contracts withprofessional advisors or consultants.

employers agent (EA) For the purposes of this guidance note the role is as defined in the JCT Design and BuildContract and is different to the CA as the obligation is to act exclusively for the employer.

pre-commencement The period of a project between creation of the building contract, when the contractadministrator will have been appointed, but before the contract works have commencedon site.

pre-contract The period of the project before the building contract has been entered into by theemployer.

project An undertaking to achieve a specified objective, usually defined in terms of technicalperformance (scope), cost (budget) and time (programme or schedule). Projects arecharacterised as being unique and having a defined start and end.

project monitor The person or practice employed to protect a client’s interests by identifying and advisingon the risks associated with acquiring an interest in a development that is not under theclient’s direct control. See the RICS guidance note Project monitoring for more detail.

project sponsor The person who authorises the project and makes executive decisions that are outsidethe project manager’s authority.

surveyor An individual or organisation that is governed by RICS Rules of Conduct.


http://www.rics.org/uk/knowledge/professional-guidance/guidance-notes/contract-administration/

http://www.rics.org/uk/knowledge/professional-guidance/guidance-notes/development-management/

http://www.rics.org/uk/knowledge/professional-guidance/guidance-notes/project-monitoring/

1 Introduction

1.1 AimsThe aim of this publication is to providepractical advice and guidance to individualsand organisations involved in thecommissioning or procurement of projectmanagement services as well as RICSmembers in England and Wales undertakingthe role of project manager in relation tobuilding works contracts. The principlesoutlined in the guidance may be applied in awider geographical context providing thatappropriate consideration is given to localdifferences in legislative and regulatoryrequirements.

The role of the project manager covers a widerange of possible services and projects fromthe smallest residential scheme through tolarger infrastructure projects. Theresponsibilities of the project manager will bedefined initially by the professional appointmentunder which they are employed and then bythe form of building contract used for theworks.

This is indicated in Figure 1 (overleaf) in aproject that shows the project manager sittingbetween the employer and the design teamconsultants and the contractor with executiveauthority to instruct them. This is not to beconfused with the contractual links betweenthe parties which are shown in the lower partof the diagram.

While the majority of surveyors only deal withsmall to medium sized contracts, theappointment of a project manager is more likelyon medium to larger sized projects, so thisguidance note will concentrate on the role ofproject manager in that context. The principlesset out in this guidance note apply where bothstandard and non standard forms of contractare used, and are particularly relevant for largerprojects. The National Audit Office identified intheir 2001 report ‘Modernising Construction’that poor project management was acontributor to the delivery of projects late orover budget. The corollary being that goodproject management contributes to moresuccessful projects, especially where the rolesand responsibilities of the project manager areclearly defined.

On this basis it should be noted that thisguidance note will distinguish between theroles of project manager, employers’ agent andcontract administrator. It does not dealspecifically with the responsibilities ofemployers’ agents under design and buildarrangements, where the responsibility is to actexclusively in the interests of the employer,albeit with honesty and integrity.


Figure 1: Project manager’s role

A Lines of authority

B Typical contractual relationships

1.2 Project management andthe project managerThe term ‘project manager’ is in wide use inbuilding and infrastructure projects and occursat many levels of the supply chain. Thisguidance deals with the project managerappointed by the employer to occupy a leadrole in the development process with theresponsibility for driving successful completionof the project and occupying the spacebetween the employer and the buildingcontract, design team and other consultantsemployed on the project.

The project manager role often includesmanagement of the design and administrationof the various design team appointments inaddition to administration of the constructioncontract held by the employer, in which case,reference should be made to the RICSguidance notes Managing the design deliveryand Contract administration.

In order to understand the role of the projectmanager it is necessary to consider what ismeant by project management. As projects areused by business as the most efficient methodfor introducing change and are the method by



http://www.rics.org/uk/knowledge/professional-guidance/guidance-notes/managing-the-design-delivery-1st-edition/

which strategic plans are achieved there isclearly a need for a leadership andmanagement role.

Project management should be distinguishedfrom project/construction monitoring anddevelopment management (though there maybe overlaps with the latter) and a usefuldefinition may be found in BS 6079 Part 2(2000):

Planning, monitoring and control of all aspectsof a project and the motivation of all thoseinvolved in it to achieve the project objectiveson time and to the specified cost quality andperformance.

In BS ISO 21500 (2012) the definition has beendeveloped to describe a more process orientedapproach:

The application of methods, tools, techniquesand competencies to a project. Projectmanagement includes the integration of thevarious phases of the project life cycle.

Other definitions are available, all of whichhighlight the transient nature of projects; theyhave definite start and finish points, and areunique in terms of processes, outputs ordeliverables. Project management is thereforeconcerned with defining what has to beaccomplished, which is usually expressed interms of technical performance (scope ofworks, which may include quality criteria, safetyrequirements, environmental considerations inaddition to the technical performance criteria ofthe works), cost (budget) and time (programmeor schedule). In simple terms projectmanagement does this by:

+ planning what needs to be done

+ implementing the plans

+ monitoring and controlling the project work;and

+ risk management.

The project manager leads and directs theproject participants.He or she is accountable to the projectsponsor for the project’s successfulcompletion (delivering the requirements ontime and below budget).

For the purposes of this guidance note aproject manager is the person who is givenresponsibility for introducing change and isaccountable to the project sponsor or projectboard for its successful accomplishment. Therole of a project manager is therefore to leadand motivate the project participants to finishon time, within budget and to meet therequirements. This should result in satisfiedclients.

Typically, building and infrastructure projectsinvolve several professional disciplines workingtogether, or in sequence, with projectmanagement spanning all to lead and directthem.

Historically, the role of project management hasbeen undertaken by several possibleprofessions, with engineers often carrying it outon major engineering projects and buildingsurveyors, quantity surveyors and projectmanagement surveyors undertaking it on moretraditional building works projects.

It is important that surveyors act within thelimits of their qualification, knowledge andtraining and an appropriate qualification inproject management, either educational orprofessional is recommended. Where doubt oruncertainty exists, a check with professionalindemnity insurers is strongly recommended.


2 Roles and responsibilities

2.1 The role of the projectmanagerTypically a project manager will be appointed atthe outset of a project to assist the client indeveloping the project brief and then selecting,appointing and coordinating the project team.The project manager will usually represent theclient throughout the full development process,managing the inputs from the client,consultants, contractors and otherstakeholders.

Project managers require a combination oftechnical competence and business acumen.Leadership and communication skills,motivational/‘soft’ skills and risk managementexpertise are commonly considered essential tobe an effective project manager.

The activities undertaken by the projectmanager typically include:

+ identifying needs and developing the clientbrief

+ leading and managing project teams

+ identifying and managing project risks

+ establishing communication andmanagement protocols

+ managing the feasibility and strategy stages

+ establishing the project budget and projectprogramme

+ coordinating legal and other regulatoryconsents

+ advising the selection/appointment of theproject team

+ managing the integration and flow ofdesign information

+ managing the preparation of design andconstruction programmes/schedules andcritical path networks

+ advising on alternative procurementstrategies

+ advising on risk management strategy

+ conducting tender evaluation andcontractor selection

+ establishing time, cost, quality and functioncontrol benchmarks

+ controlling, monitoring and reporting onproject progress; and

+ administering consultant appointments andconstruction contracts).

A project manager may also be required toengage with various stakeholder departmentswithin the client organisation such as usergroups, facilities management, IT, security,catering, HR, legal, finance, etc. and obtaintheir requirements as well as undertaking amore wider external stakeholder engagementand management role. A selection of typicalinterfaces that the Project Manager may haveto deal with during the course of a project areindicated in Figure 2 (p. 8).

Where a project manager is also required toundertake the role of employers’ agent (EA)under design and build contracts, or the role ofthe engineer under FIDIC forms, they shouldpay careful attention to understanding thesituations where they may act in a partisanmanner on behalf of the client, complying withhis or her instructions and exercising little or nodiscretion and where they must act impartiallybetween the client and the contractor.

This issue has been blurred by recent courtjudgments where the EA was also undertakinga certifying role that has a duty to actimpartially between the parties. This is similarto the role of the engineer in the FIDIC Red andYellow Books where fair determinations have tobe made. It is important therefore that projectmanagers undertaking such roles keep up todate with changes in legislation or the resultsof cases, to ensure that they are aware of theirresponsibilities.


When acting as employers’ agent a projectmanager should understand the requirementsin relation to the role they are undertaking andalways act within the terms of their authority toavoid conflicts of interest and dispute.

2.2 Project managers asstrategic advisorsFirst-time clients and those that onlyoccasionally have contact with the constructionindustry may often need advice in the earlystages of projects, but the ongoing cost of afull-time project manager on smaller projectsmay outweigh the benefits it brings. In thesecircumstances a reduced scope of serviceconcentrating on the important strategicaspects associated with projects and tailoredto provide value for money may be considered.The resultant strategic project managementadvisor role should concentrate on helping todefine and establish the processes andprocedures that are necessary to ensure thatthe project proceeds and is completed asplanned. The required processes andprocedures may be recorded in a ProjectExecution Plan.

Typical elements of this role may include:

+ advising on methods by which to engagewith the construction industry (procurementof design and construction)

+ establishing an overall developmentprogramme with intermediate milestones forkey activities for procurement, design andconstruction. This may also include anindication of key interfaces and constraints,such as planning permission

+ the definition and development of clientorganisation structure

+ identification of key stakeholders andmanaging their input (e.g. FM, security, IT,etc.)

+ advising on statutory requirements, such asplanning permission and how to obtain it

+ assisting with strategic decision makingand in the development of the project briefand a project execution plan

+ reviewing and commenting on emergingdesign proposals to identify if they remainconsistent with the project brief; and

+ assisting in the handover process atcompletion.

Figure 2: Project management interfaces


2.3 Portfolio, programme andproject managementRecent developments in terminology haveincluded portfolio management and programmemanagement which should not be confusedwith project management. As with many otheremerging practices the definitions differbetween organisations and continues todevelop as the terminology is refined. Theaccepted hierarchy is (top down) Portfolio,Programme, Project.

It is not the intention of this guidance note toprovide detailed explanations of portfolio andprogramme management. Currentdifferentiation is:

+ Portfolio is used to describe the totalinvestment by an organisation inprogrammes and projects that are beingused to bring about the change required toachieve its strategic business objectives.Portfolio management is concerned withthe overall strategy and processes used tomanage and coordinate those programmesand projects aimed at balancingorganisational change with ongoing‘business as usual’ activities.

+ Programme management is moreconcerned with outcomes or strategicbenefits, whereas project managementconcentrates on defined outputs or one-offdeliverables. Programmes comprise groupsof related but independent projectsnecessary to bring about strategic change,whereas portfolios comprise unrelatedprojects in an organisation or departmentthat share funding and resources.


3 Appointing a project manager

This section provides a summary of the mainpoints that the client and the project managershould consider during the appointmentprocess.

3.1 Qualities to look for whenselecting a project manager

Project management is mainly concerned withpeople, so when selecting a firm or practiceRICS recommends that the client carries outsufficient investigation to establish that theproposed project manager has the rightqualities for the project in question.

The qualities required of a project managementsurveyor can be summarised as:

+ possessing the knowledge, ability and skillto understand the scope of the role to beundertaken and knowing how to applythem, including project managementterminology, techniques and processes

+ having the presence and authority to be anatural leader of the team, to beinspirational and able to communicate tothe other project participants the vision andgoals to be achieved

+ acting in a manner that is consistent withthe terms of their appointment, e.g. whererequired, acting in an independent, impartialand fair way when making decisions, butacting on behalf of the client at other times

+ being a good communicator at variouslevels within the project organisation; and

+ remaining calm under pressure, able toresolve difficult situations in a timelymanner and having good team building andproblem solving skills.

Examples of the knowledge and skills requiredof a project manager can be summarised asfollows:

+ having in-depth knowledge of design,construction and the relationship betweentrades and construction operations, so thatthe changes and the impact of the changescan be traced and understood

+ demonstrating the ability to establish andmaintain appropriate project proceduresand record keeping commensurate with thescale and nature of the building contractand the works

+ having an awareness of, and wherenecessary being conversant with, thedifferent types of critical path and projectprogramming techniques; and

+ having a good understanding of risk andbeing able to identify and analyse projectrisks to understand where prudent risktaking is acceptable whilst avoiding actingrecklessly or taking an unnecessarily riskyapproach.

RICS recommends that clients select projectmanagers possessing an appropriateeducational or professional qualification inproject management. The competency ofproject managers entitled to use thedesignation chartered project managementsurveyor (CPMS) will have been assessed andthey will have been judged to have achievedthe level required to operate in that capacity.The advantages of using a CPMS are outlinedin the following section.

3.2 Advantages of appointinga chartered projectmanagement surveyor

Project management surveyors are responsiblefor coordinating the entire developmentprocess to maximise efficiency, economy,communication and successful completion ofeach specific project. Their work involves


technical competence, professional expertise,leadership skills, human resources and riskmanagement.

Chartered project management surveyors can(and do) add value to the developmentequation through their unique blend ofconstruction knowledge, professional andpeople skills.

For example, at concept design stage they canprovide strategic advice on schematicdevelopment plans; at detailed design stagethey can advise on the programme andprocurement options for alternative designsolutions; and during the construction phasethey can motivate the design and constructionteam to deliver completion of the constructioncontract on time and within budget. The peaceof mind that this gives construction clientsshould not be underestimated.

While some chartered project managementsurveyors take a generalist approach, otherschoose to specialise. Clients, therefore, canselect the most appropriate professional for thejob in hand – a generalist, perhaps, to overseea small project or house extension or aspecialist in the health sector for a largehospital building programme. Whether a clientchooses a generalist or specialist, the quality ofservice should not change. Chartered projectmanagement surveyors are expected to providea consistently high level of service on all typesof project throughout their professional life.

The benefits to clients of using a charteredproject management surveyor are numerousand typically include all of the following:

+ added value design solutions that optimiseprogramme and procurement opportunities

+ increased certainty that building will becompleted on time and within budget,delivered through co-ordinated andcollaborative teamwork

+ increased confidence that the surveyor hasacquired the skills and expertise required todeliver the service required (see notebelow)

+ confidence that the surveyor has adequateprofessional indemnity insurance

+ access to an independent complaintshandling procedure.

‘Chartered’ is the mark that shows asurveyor has achieved the ‘gold standard’ ofprofessional competence.A chartered project management surveyorwill have been assessed by a peer group ofexperienced professionals and judged tohave the blend of commercial and inter-personal skills required to operate at thehighest level in today’s development andconstruction markets.

Note: the professional competence of charteredsurveyors will have been formally assessed andjudged to be satisfactory.

Chartered project management surveyors willbe assessed on their ability to providereasoned advice on the professionalcompetencies of contract practice, managingpeople, procurement & tendering, programming& planning. They will also have been tested ontheir ability to apply their knowledge in theprofessional competencies of constructiontechnology, leadership, project administration,project processes & procedures, riskmanagement, commercial/cost management,as well as audit, appraisal and evaluation ofprojects.

3.3 Evaluating proposals forproject management services

Successive studies in the public sector havehighlighted that the traditional method ofawarding contracts on the basis of lowest priceis flawed, as the final price paid is oftensignificantly more than the initial proposal.Experience has also shown that lowest pricedoes not necessarily represent value for money.

When a client appoints a project manager, it isrecommended that the potential added valuethat the service and individuals can bring to theproject should be the key driver behind theappointment decision. An appointment basedsolely on the basis of lowest price may notprovide the best value solution. In practice, anexperienced project manager appointed in theright way, has the potential to add value to theproject that will exceed the cost of any feescharged.


A word of cautionThere is hardly anything in the world todaythat some man cannot make just a littleworse and sell a little cheaper. The peoplewho buy on price alone are this man’s lawfulprey.

John Ruskin (1819–1900)

It is recommended that a ‘Best Value’ processis adopted, i.e. one that will result in theselection of the most suitable person or firm toprovide the defined scope of services for thebest overall value for money for the client. Inthe Public Contracts Regulations 2006 ‘valuefor money’ is described in section 30 as ‘theoffer that is most economically advantageousfrom the point of view of the contractingauthority’.

The criteria that can be used to assess ‘BestValue’ include:

+ Price (and rates)

+ Quality

+ Technical merit

+ Aesthetic and functional characteristics

+ Environmental characteristics

+ Running or operating costs

+ Cost effectiveness

+ After sales service

+ Technical assistance available

+ Periods for delivery and completion, andcompletion date.

To establish the best value proposal, a processshould be adopted that follows apredetermined evaluation methodology that isobjective and provides a clear and auditablerecord of the appointment process. This is ofparticular importance in the public sector.

A procedure that strikes an appropriate balancebetween price and quality is described inAppendix C together with a table of typicalcriteria that would be used to evaluateproposals for project management services.Such procedures meet the requirements ofclients who need to demonstrate financial

accountability while maintaining competitionand ensuring that proper account is taken ofthe need for quality.

The method of quality evaluation should bevisibly open and free from favouritism, influenceor inconsistency. Using such a method willguard against both excessively high andabnormally low costs and will achieve a goal ofquality tempered by price.

The procedure involves separate assessmentsof price and quality. The balance between priceand quality is established and expressed as apercentage for each before proposals aresought.

Technical proposals are assessed against a setof predetermined criteria, each of which isassigned a weighting of relative importance.Typical criteria that may be used to assessquality and indicative weightings are shown inAppendix C together with an explanation of theprocedure for establishing which proposaloffers best value for money.

Alternative procedures are available thatinclude:

+ Lowest price that meets the qualitythreshold. The assessment of proposals isundertaken in two stages. In stage 1 thetechnical proposals are evaluated againstpredetermined and weighted criteria. Athreshold is established that proposalsmust achieve in order to progress to thesecond stage. At the second stage thelowest price is then awarded the contract.

+ Best Affordable Proposal. The technicalproposals are evaluated againstpredetermined and weighted criteria. Thepriced proposal from the firm that wasjudged to have provided the best technicalproposal is opened and if found to beacceptable (within budget) then that firm isawarded the contract. The remaining pricedproposals are returned unopened.

Selection of the method of evaluation isimportant as it should aim to avoid abnormally


low bids and seek to identify the proposal thatoffers the best balance between cost andquality.

3.4 Types of contract forconsultant project managerappointmentContracts available for appointing a consultantproject manager may be summarised underfour generic types

+ Lump Sum

+ Time based

+ Target

+ Term/Framework

3.4.1 Lump sum contract

Lump sum pricing is suitable for well definedand straightforward projects that are relativelysimple. a single lump sum or a schedule ofprices is used to define the amount to be paidto the project manager. Alternatively apercentage may be used to establish theamount payable.

When using a percentage it is important todefine and agree what the percentage will beapplied to, e.g. the approved budget, theaccepted tender for the construction contractor the final cost of the works.

The inclusion of milestones or activities intowhich the lump sum is divided for managementand payment purposes is recommended.Alternatively period payments may beconsidered in which case it is important forboth the employer and the project manager toagree on what is to be done and what resourceprovided in the period.

As the complexity of the project increases theuse of percentage of construction costbecomes less reliable. In such cases othermethods may be more appropriate.

3.4.2 Time based (reimbursable)contract

The price for the services is calculatedmultiplying the time spent by the applicablerate for the resource used. Other elements

such as use of offices, travelling and otherexpenses may also be included asreimbursable elements.

Incentivisation models may be considered inwhich overheads and profit elements of the feeare fixed for the project and are not adjustedfor changes in the time charge (e.g. overheadsand profit are based on an initial estimate ofthe time charge but are not increased when theactual time charge exceeds the budget. Thisincentivises the consultant to keep withinforecast levels of time charge).

When considering the use of a reimbursablemethod attention should be paid to budgetingand forecasting to ensure that the client fullyunderstands their commitments. The use of apriced resource schedule is particularly usefuland is highly recommended as it will clearlyshow the anticipated total, as well as the cashflow during the course of the appointment.Regular updates can be used to check thatthere is no significant difference betweenplanned and actual resources or expenditureand to predict the final cost of the services atcompletion. The use of earned valuetechniques are particularly useful in measuringprogress and providing estimates of both thecost and time at completion.

It is also worth considering the use of an ‘upsetlimit’ that acts as a ceiling which thereimbursable charge will not exceed withoutprior written agreement or authority.

3.4.3 Target contractsTarget contracts introduce another method ofincentivising the project manager by sharingthe difference between the actual amount andthe target whether it is a saving or an excess.This type of arrangement is used by the NEC inthe Target contract option of their ProfessionalServices Contract.

The amount payable is generally calculated bythe application of the applicable rates to thetime spent, the total of which is compared tothe target. The difference may split betweenthe parties on an equal or unequal basis, or asliding scale can be used.

3.4.4 Term contracts & frameworksThese are arrangements that allow services tobe called off on an ‘if and when’ or ‘as and


when required’ basis with the rates and methodof calculating the fee established along withcontract terms.

3.4.5 Fixed price verses fluctuating

Traditionally fees have been calculated on thebasis of annual increases to reflect the annualincreases in salaries paid to employees. As theeconomic climate has changed there has beena tendency towards rates and prices beingfixed for the period of the contract. Whilst thisis acceptable for many smaller short termappointments difficulties emerge on largerprojects that span many years.

RICS recommends that where projects arelikely to extend over a long period of timeindexation provisions are included so that theFee, or part of it, increases in line with aninflation index. In circumstances where rates ofinflation and interest are low the period couldbe extended but care should be exercisedwhen rates start to increase. Currently RICSrecommends that rates and prices should befixed for no more that four years and that anannual review in line with an appropriate indexis preferable.

3.5 Recording theappointmentMembers of RICS are obliged to record theterms of their appointments in writing. Inpractice, many clients have their own bespokestandard terms and conditions for theappointment of project managers and there area number of published forms available.

RICS has published Standard and Short Formsof Consultant’s Appointment to facilitate theneed for written terms of appointment. Otherforms are also available, a summary ofcommonly used standard published forms isincluded in Appendix B.

The project manager is advised to consider theapportionment of risk between them and theclient. The aim should be to achieve a balancebetween risk and liability. Using standard formswith a balanced default position should helpnegotiations and avoid the need for numerous

specially written bespoke clauses oramendments, which can often renderappointments difficult to understand. Careshould be taken when agreeing limits of liabilityand members are advised to check with theirinsurers.

Any agreement between client and projectmanager should include the following keyelements:

+ the parties to the appointment

+ start and completion dates

+ applicable law

+ the services to be performed (which maybe split between basic services andadditional services – see section 4.1)

+ general obligations (including standards tobe exercised)

+ provision for instructions and changes

+ health and safety, statutory requirementsand prohibited materials (if applicable)

+ design responsibility (if applicable)

+ limitation on liability

+ collateral warranties and rights of thirdparties

+ key (and other) personnel

+ client obligations

+ payment (amounts and periods)

+ authority levels

+ insurances

+ copyright and confidentiality

+ assignment, transfer of rights andobligations

+ subcontracting

+ suspension and termination

+ execution of the agreed contract terms

+ dispute resolution; and

+ notices.

Further explanation of these points can befound in the Explanatory Notes accompanyingthe Standard and Short Forms of Consultant’sAppointment published by RICS.

The RICS standard form can be used for themajority of the different services that RICSmembers provide, including projectmanagement. The Appointment is structured to


allow easy completion and quick reference withlanguage in the present tense stating whateach party agrees to do. Complex sentencesand subclauses have been avoided.

Detailed consideration has been given to theapportionment of risk between the client andthe consultant and a balanced positionestablished in the default clauses.

The Appointment contains flexible remunerationprovisions by allowing the fee to be a lumpsum, a percentage of construction cost or byreference to some other mechanism agreed toby the parties.

Provision is made for defining the services tobe provided with a schedule of services thatcan be ticked to indicate those that are BasicServices (the remainder being described asAdditional Services). The following sectiondeals with scopes of services in more detail.

It should be noted that the RICS standardforms are only suitable for use in England andWales.

When the initial enquiry is received, a projectmanager is advised to check that they have thecapability to deliver the service prior to thewritten execution of any formal appointment. Ifa project manager is not competent to providethe full range of services required, or is unableto provide sufficient resources to fulfil the brief,they should advise the client accordingly. Insuch circumstances a project manager mayappoint a specialist sub-consultant or the clientmay appoint this specialist directly. If a projectmanager makes the appointment they will needto ensure that appropriate professionalindemnity insurance is in place, as required bythe regulations of RICS and consider the needfor collateral warranties in favour of the client.

Execution method

The parties must decide on the method ofexecuting the Appointment as this will havelegal implications.

The limitation of Liability of Appointmentsexecuted as a deed is extended to 12 yearswhereas the period is only 6 years forappointments executed under hand.

The precise form of the attestations may bedictated by the status of the contracting

parties. For example it may be necessary for allpartners to sign when a partnership executesthe agreement as a Deed. Wherever doubt oruncertainty exists legal advice must be sought.

3.6 Scope of servicesAn important part of the written appointment ofthe project manager is the schedule of dutiesor scope of services to be provided. For allproject manager appointments, the client andthe project manager are advised to review therange of services that are available and agreeupon a definitive list.

This is equally important where clients have‘standard’ scopes of services, as these maybenefit from greater clarity and project specificservices. Some of the standard forms ofappointment include scopes of service, oftenproviding the option for basic and additionalservices.

The use of standard schedules of services isuseful, especially where it is co-ordinated withthe design and other roles on the project. Thisaids clarity for each of the participants, whichimproves their understanding of their role, andthe roles of others as well as providing a visibledemonstration of the interdependencies andinterrelationships between tasks which in turnshould lead to a reduction in risk. Sources ofscopes of service and the standard forms towhich they relate are listed in Appendix B.

Most project managers are likely to use aproject management methodology to delivertheir services or to work to an overall plan (e.g.RIBA Plan of Work). The scopes of servicesand the project management methodologyshould be complimentary to each other with aclear recognition of:

+ the stages and gates required by the clientor proposed by the project manager

+ the levels of authority vested in the projectmanager and the approvals reserved by theclient

+ the instructing authority under consultant’sappointments and the building contract;and

+ communication routes between the variousparties (client, contractor, consultants andproject manager).


There is a variety of methodologies for thedevelopment process that use differentterminology and include different stages. It isimportant that the scope of service is checkedto be consistent with the stages, recognisingthat even if the client doesn’t have any fixedmethodology one may be introduced by thedesign team if they work to the RIBA Plan ofWork. A comparison of some of the commonmethodologies is included in Appendix D.


4 Other issues

4.1 Project manager anddesign roles

Typically, in UK construction contracts such asJCT and NEC, a surveyor’s appointment withthe client is unlikely to include the roles of bothdesigner and project manager. Surveyorsshould be aware that there is a clear distinctionbetween the two.

The distinction will be more obvious whereothers are appointed by the employer, such asarchitects and structural or services engineers.In such cases, the project manager may needto ensure at an early stage that appointmentsof the other members of the professional teamfor the works are, or will be, put in place andthat those appointments are co-ordinated witheach other to provide support to the CA(whether that is the project manager or one ofthe other consultants) in the administration ofthe contract. This support will involve:

+ undertaking any necessary design changes

+ advising on any particular programme andsequence of work implications

+ advising on any costs in relation to theirfield of expertise

+ production of sufficient designdocumentation or the employers’obligations under the particular buildingcontract

+ inspecting the works to ensure the design/specification is met by the contractor andadvising the CA of any implications wherenot met

+ preparing documents sufficient for the CAto issue instructions under the buildingcontract; and

+ in the case of the CDM co-ordinator,advising on the adequacy of informationprovided for the health and safety file.

If the appointment of the project managerincludes responsibility for design, a check withPI insurers is recommended.

4.2 Project manager as anemployeeThere are occasions where the project managermay be the employee of the employer underthe building contract; for example, where theorganisation has an in-house design, propertyor estates department. In such circumstances itis important to be mindful of:

+ how independent they can be in their roleas defined in the contract

+ conflicts arising from their terms ofemployment

+ the employee having the appropriate levelof authority within the organisation thatallows them to make determinationsrequired under the contract, and

+ insurance which may be required for anypersonal liability that may arise; and

+ issues associated with chartered surveyorsin employment in the public sector and theneed to avoid providing advice to thirdparties without appropriate safeguardsbeing in place.


Appendix A: Schedule of JCT, NEC andFIDIC Contracts showing terms used forthe entity that administers the Conditions

Contract Title Reference Title of entity administering the Conditions

JCT 2011 Suite of Construction Contracts

Standard Building Contractwith Quantities

SBC/Q Architect/Contract Administrator (and QuantitySurveyor)

Standard Building Contractwithout Quantities

SBC/XQ Architect/Contract Administrator (and QuantitySurveyor)

Standard Building Contractwith Approximate Quantities

SBC/AQ Architect/Contract Administrator (and QuantitySurveyor)

Intermediate BuildingContract

IC Architect/Contract Administrator (and QuantitySurveyor)

Intermediate BuildingContract with contractorsdesign

ICD Architect/Contract Administrator (and QuantitySurveyor)

Prime Cost Building Contract PCC Architect/Contract Administrator (and QuantitySurveyor)

Minor Works BuildingContract

MW Architect/Contract Administrator

Minor Works BuildingContract with contractorsdesign

MWD Architect/Contract Administrator (and QuantitySurveyor)

Repair and MaintenanceContract (Commercial)

RM No independent contract administratorenvisaged

Measured Term Contract MTC Contract Administrator

Major Project ConstructionContract

MP Employers Representative

Design and Build Contract DB Employers Agent

Management BuildingContract

MC Architect/Contract Administrator (for the MCAgreement); (the MC manages for a fee andemploys the Works Contractors)

Construction ManagementTrade Contract (andConstruction ManagementAppointment)

CM/TC andCM/A

The Construction Manager administers theconstruction agreements between the TradeContractors and the Employer


Contract Title Reference Title of entity administering the Conditions

NEC Suite of Contracts

NEC3 Engineering andConstruction Contract

ECC (see Note) Project Manager

NEC3 Engineering andConstruction Short Contract

ECSC Project Manager

FIDIC Suite of Contracts

Construction Contract Red Book Engineer

Short Form of Contract Green Book Employers Representative

EPC/Turnkey Contract Silver Book Employers Representative

Plant & Design Build Contract Yellow Book Engineer

Design Build Operate Gold Book Employers Representative

Note: NEC is a shell contract that utilises options to establish the type of contract. Options include:

Option A – priced contract with Activity Schedule

Option B – priced contract with Bill of Quantities

Option C – Target contract with Activity Schedule

Option D – Target contract with Bill of Quantities

Option E – Cost Reimbursable contract

Option F – Management Contract


Appendix B: Summary of commonstandard forms of appointment

The more common standard forms of appointment are listed in the table below, with an indication ofwhich have published scopes of service for the project manager and those with scopes of service forother disciplines.

Publisher Title Scope ofservicefor pm

Scopes ofservice forotherdisciplines

Comment

RICS Standard and ShortForms

Yes Yes (BS,CDMC, EA.Projectmonitor,QS)

Integrated scopes ofservice for listeddisciplines, excludingdesigners

APM Standard terms for theAppointment of a ProjectManager

Yes No Alternative scopes formanufacturing andconstruction projects

NEC Professional ServicesContract

No No Scope of service is definedby the participants

FIDIC Client/ConsultantModel ServicesAgreement

No No Scope of service is definedby the participants

CIC Consultants ContractConditions (2007)

Yes Yes This form uses clientrepresentative, project leadand design lead in additionto an integrated suite ofservices for the designroles

PublicSector

GC/Works/5General Conditions forAppointment ofConsultants

Yes Yes Integrated suite of scopesof service covering themajority of disciplines on aconstruction project


Appendix C: Typical quality criteria forassessing consultant project managementproposals

Criteria Key elements to assess Typicalweighting

People Key personnel (qualifications and experience relative toproposed role)Other personnel (qualifications & experience; % allocation toproject)

30% to 40%

ExecutionMethod

Selective method statements covering managementapproach, programming, procurement, monitoring and controlprocedures etc (tailored to the project)

20% to 30%

Company Organisational structure of company or consortiumFinancial statusManagement policies (H&S, QA, Environmental)Available capacityRelevant experienceReferences

20% to 30%

ProjectOrganisation

Organisation and logistics relative to site/client/othersComposition of teamDelegation of responsibilities

15% to 25%

Interview Results of interviews if held 5% to 15%

A system for combining price and quality in the assessment of proposals

Proposals are evaluated using the criteria established in advance of their request. A requirement ofthe public procurement regulations it is that the criteria and their weightings are published either inthe contract notice or in the request for proposal.

The balance between price and quality is established and represented as a percentage weighting foreach, e.g. 70% price, 30% Quality.

The quality criteria should be assigned a weighting of relative importance (see example). Theproposals are evaluated and scores for each of the quality criteria are established which are thenmultiplied by the weighting to derive a weighted score. The total of the weighted scores is thenmultiplied by the quality weighting to derive the final weighted quality score.

One method of establishing the price score is to divide the price by the lowest and express the resultas a percentage. The price score is then multiplied by the price weighting to derive a weighted pricescore.

The combination of the weighted quality score and the weighted price score is used as the measureof value for money, with the highest representing best value (or most economically advantageousproposal).


Assessment of proposals for project management services: A worked example

Balance between price 70% and quality 30%

Company 1 Company 2 Company 3 Company 4 Explanatory note

Price submitted 100,000 107,000 110,000 112,000 Company 2 price score

Price score 100% 93% 91% 89% 107,000/100,000

A Weighted price score 70.00 65.42 63.64 62.50 = 93%

Quality evaluationcriteria

Wtg Company 1 Company 2 Company 3 Company 4

Score Score xweighting




Key personnel 40% 70 28.00 85 34.00 95 38.00 95 38.00

Methodology 20% 78 15.60 80 16.00 89 17.80 90 18.00

Management policies 30% 67 20.10 80 24.00 93 27.90 95 28.50

Location of team 10% 69 6.90 75 7.50 85 8.50 90 9.00

Total weighted qualityscore

70.60 81.50 92.20 93.50

B Weighted quality score x qualitywtg

21.18 24.45 27.66 28.05

Summary Company 1 Company 2 Company 3 Company 4

A Weighted price score 70.00 65.42 63.64 62.50

B Weighted quality score 21.18 24.45 27.66 28.05

Total 91.18 89.87 91.30 90.55

In this example four prices are compared, with Company 1 clearly the lowest and Company 4 thehighest; see explanatory note for calculation of price scores In the Quality evaluation.

Company 3 scores highest as they have the better people, methodology and management policies.

Combining price and quality indicates that Company 3 should be awarded the contract (theadditional cost is warranted by virtue of the better quality).

Company 4 has the best quality score overall but the additional cost outweighs that qualityadvantage.


Appendix D: Comparison of developmentstages in use

Comparison of the RIBA Plan of Work, CIOB Code of Practice for Project Management forConstruction and Development, CIC Scope of Services (major projects), RICS Developmentmanagement process, OGC (public sector) and BS 6079.

RIBA Plan ofWork 2007

CIOB Code of Practice(4th ed)

CIC Scope ofServices (majorprojects)

RICSDevelopmentmanagementprocess

OGC BS 6079

A Appraisal 1 Inception2 Feasibility

1 Preparation Phase 1 –Developersinitial conceptPhase 2 – Siteacquisitionstrategy

Gate 0StrategicassessmentGate 1Businessjustification

1 Conception

B Design brief 2 Concept Phase 3 –Outlineappraisal

2 Feasibility

C Concept 3 Strategy 2 Concept and partof 3 Designdevelopment

Phase 4 –Outlineplanningpermission

Gate 2procurementstrategy

D DesignDevelopment

4 Preconstruction 3 Designdevelopment

Phase 5 – Fullplanningpermission

E TechnicalDesign

4 ProductionInformation

F ProductionInformation

5 Manufacture,installation &ConstructionInformation

3 Realisation

G TenderDocumentation

H Tender action Gate 3Investmentdecision

J Mobilisation

K Construction topracticalCompletion

5 Construction6 Services commissioning7 Completion & handover

Gate 4Readiness forservice

L Post practicalCompletion

8 Post Completion Review 6 Post PracticalCompletion

Gate 5Benefitsevaluation

4 Operation5 Termination


References

Association for Project Management (APM)Body of Knowledge 6th edition 2012

Standard terms for the Appointment of aProject Manager

British Standards Institution (BSI)

BS 6079-1:2002 Guide to Project Management

BS 6079-2:2000 Vocabulary

BS 6079-1:2010 Principles and guidelines forthe management of projects

BS 6079-4:2006 Guide to Project Managementin the construction industry

BS ISO 21500:2012 Guidance on projectmanagement

National Audit Office

Modernising Construction (2001)

Royal Institute of British Architects (RIBA)

Plan of Work: Multi-disciplinary services

Royal Institution of Chartered Surveyors(RICS)

GN: Managing the design delivery

GN: Contract administration

GN: Development management

GN: Development monitoring – Oceania

GN: Project monitoring

RICS Standard form of consultantsappointment

RICS Standard form of consultantsappointment (explanatory notes)

APC Pathway Guide Project Management 2012

Why Use a Project Management Surveyor

NEC

Professional Services Contract

NEC3 Engineering and Construction Contract

International Federation of ConsultingEngineers (FIDIC)

Client/Consultant Model Services Agreement

Construction Industry Council

Consultants Contract Conditions (2007)

HMSO

GC/Works/5 General Conditions forAppointment of Consultants

Public Contracts Regulations 2006

Joint Contracts Tribunal (JCT)

Standard forms of building contract (2011)



http://www.rics.org/uk/knowledge/professional-guidance/guidance-notes/managing-the-design-delivery-1st-edition/

http://www.rics.org/uk/knowledge/professional-guidance/guidance-notes/development-management/

http://www.rics.org/au/knowledge/professional-guidance/guidance-notes/development-monitoring/

http://www.rics.org/uk/knowledge/professional-guidance/guidance-notes/project-monitoring/

http://www.rics.org/uk/knowledge/professional-guidance/guidance-notes/standard-form-consultants-app/

http://www.rics.org/uk/knowledge/professional-guidance/guidance-notes/standard-form-notes/

http://www.rics.org/uk/join/apc-pathway-guides/construction-pathway-guides/project-management/

http://www.rics.org/Global/Downloads/WhyuseacharteredPMsurveyor.pdf

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RICS Professional Guidance, UK

1st edition, guidance note

GN 107/2013

Appointing a project manager

Documents

GN 107/2013 rics.org RICS Professional Guidance, UK · RICS guidance notes This is a guidance note. Where recommendations are made for specific professional tasks, these are intended