Case study Flashcards
Key Issue 1
How did you ensure the access trap would meet the requirements of building regulations part B?
There was no requirement of the loft trap to possess any fire resistance qualities as the compartment line was not at the ceiling level. If there was a requirement of, I would have specified a loft hatch with test date to support the required resistance of the compartment line.
Key Issue 1
What certification for the trap would you be looking for?
The product would require to have third party test data and certification of its perforamnce of 60 minutes. The installation is not required to be certified, but I requested the works to be compelted third party certified contractor.
Key Issue 1
Did the contractor say that the 3rd party certification could be obtained?
I requested the information of the product before works begun and also confirmation of the installers third party accrediation.
Key Issue 1
Did you check the competence of the supplier of the fire curtain?
I gave a descriptive performance specification for the curtain works. The contractor recommended a product from Fire Halt, the 60:30 product. I reviewed the data sheet and installation guidance to check the sutiability of the product.
Key Issue 1
What was the risk of working in the loft space and how did the contractor address this?
The risk of working in the loft space included working within confined spaces and the potenail to whilst working at height as the loft space wasn’t boarded. To minimise the risk of this, a temporar working platform was constructed within the loft space to allow for the curtain to be installed.
Key Issue 1
Were there any party wall implications with installing a blockwork wall in the loft space?
I enquired whether there were any leasehold interest in the property before commencement. The entire freehold interest was with my client.
Key Issue 1
Why was the loss adjuster involved in the choice between option 1 and option 2?
Part of my brief from the client was to liase with the loss adjusters to ensure that the works would meet the terms of their insurance policy. The loss adjuster was not involved with the choice, but I the quotations to them to ensure that the costs for the works would be claimable under the insurance policy.
Key Issue 1
How was CDM applied to this project?
CDM duties were carried out by all relevant parties. The client appointed our internal Principle designer team to assist with completing their duties. FFT’s internal principal designer team completed the PCIP and the contractor completed the CPP and issued the H&S file.
Key Issue 1
What was your role under CDM?
My role under CDM was to act as Principle Designer. Though our internal PD team managed the development of PCIP, I would need to monitor the contractor on site. I did this by addressing any health and safety concerns, checking site records, reviewing site management and reporting back to the PD team.
Key Issue 1
If the fire separation was missing in the roof void of this flat, what advice did you give to your client about; Checking the fire risk assessment of the building?
I reviewed the FRA of the property to check whether all top floor flat roof voids had been inspected for appropriate fire stopping and compartmentation measures. The FRA’s were not comprehensive and some flats had not been inspected.
Key Issue 1
If the fire separation was missing in the roof void of this flat, what advice did you give to your client about; Any immediate measures to be taken to reduce any risk or liability?
Once the lack of compartmentation was identified, I had recommended we address the issue immediately. Temporary measures were not necessary as there was minimal risk of fire currently within the flat due to complete strip and capping of services.
Key Issue 1
If the fire separation was missing in the roof void of this flat, what advice did you give to your client about; Other properties within the estate?
From a review of the FRA, it included a disclaimer that not all loft spaces had been inspected. I recommend that an inspection of all top floor loft spaces should be inspected to determine whether all compartment lines met regulations.
Key Issue 1
If the fire separation was missing in the roof void of this flat, what advice did you give to your client about; Was the missing compartmentation mentioned in the FRA, if not what was mentioned about the roof void?
The separation was not mentioned in the FRA. In the FRA it was disclaimed that not all of the loft spaces were entered.
Key Issue 1
If the fire separation was missing in the roof void of this flat, what advice did you give to your client about; Did you give your client any advice regarding the FRA?
Once I found the missing compartmentation and reviewed the FRA it included a disclaimer that not all loft spaces had been inspected. I recommended that a comprehensive inspection was completed to all loft spaces to determine if compartmentation measures installed. If any other area did not have the appropriate measures then they should immediate affect to avoid potential liability.
Key Issue 1
What minimum thickness of joist did the manufacturer require at the base of the fire curtain?
The fixing detail for the curtain at both the base and the top required a minimum joist thickness of 50mm. If the joists were under that thickness, I checked the suitable fixing with their technical team. It was required to be double wrapped.
Key Issue 1
How did you satisfy yourself that the fire curtain had been installed correctly?
When the fire curtain was being installed, I completed a site inspection with the installation guidance to set standards and ensure they were following i.e.:
- 250mm fixing centres
- 100mm fold back and angle brackets
- rafter penetration wrapped entirely, or doubled up
- joint of rolls 50mm joint folded back, 25mm folded lap and fixings at 250mm
- penetrations filled with brusheals, and 600mm overlap
Key Issue 1
Who provided the specification for the fire curtain?
I provided a descriptive specification for the fire curtain and included the product selection as a contractors design portion under the contract?
Key Issue 1
If the supplier. Contractor, how did you address design liability?
I instructed as a contractors design portion.
Key Issue 1
Did you need to get building regulation approval?
Yes, the project was subject to a building notice application. Application was as follows:
Part A: Amendments to the roof structure, designs provided by SE
Part B: Introduction of the fire curtain, protected exist route
Part E: Party wall acoustic Gyproc board
Part L: Improvements to the roof insulation
Part P: Electrical components
Key Issue 2
Why was there a delay in the contractor obtaining the windows?
The contractor was unable to procure the windows in time of the project due to material shortages. The windows were a sash imitation casement window - a more specialised item - which could not be manufactured as quickly as a conventional casement.
Key Issue 2
At what point did you become aware of the window delay?
The contractor issued his initial 4 week delay notice on July 21st.
Key Issue 2
What actual work was delayed by the installation of the meters?
The meters prevented the services from being finalised, installed and tested and certified.
Key Issue 2
As the installation of the meters would not be done until after PC, was the client not entitled to claim LD’s for the entire period of this work was delayed past the original completion date?
The responsibility for liaising with statutory undertakers was the clients, as included in the contract documents. The client outsourced a third to arrange the appointment who were not able to do so until 14 February.
Key Issue 2
Why was there an almost 4 moth delay from the work being completed,
excluding the work associated with the new meters, and the installation
of the new meters
The third party consultant appointed to arrange the meter installation did not provide the client with good service. I did advise the client to explore using other options in an attempt to expedite the process.
Key Issue 2
If the contractor caused this delay not completing his work by 21 October, then what Is the contractor’s position, Can he effectively claim for delay as the overrun may have been caused by his actions
As per the relevant case law, the contractor would not be able to claim any delay or loss and expense claim from when all works except from those reliant on the meters were complete.
Key Issue 2
As you did not Issue an EOT when the contractor told you of the delay
what contractual action did you take when the contractor had not
completed on or by the completion date
I issued a non-completion certificate on the contractual completion date to prevent the contract from being at large.
Key Issue 2
If you took no action at the completion date, what would have been the contractual effect?
The contract would have been at large.
Key Issue 2
If the contractor is required to give notice if and whenever it becomes reasonably apparent that the progress of the works is being delayed, then why did he not serve this notice before he did. Why were you not monitoring the situation and advising the client.
The contractor did advise that he expected the windows to be delayed before he issued his formal notice. When he first notified me I let advised the client of the potential delay, but asked the contractor to provide a formal and quantified delay notice.
Key Issue 2
You are not a qualified solicitor, why did you look at case law?
The issue of a concurrent delay is not addressed within the JCT MW. It is my responsibility to make a fair and reasonable assessment but the provisions were not allowing me to do so. The use of case law allowed me to apply a method of application that has precedence in the construction industry.
Key Issue 2
Should you not have sort the opinion of a solicitor as it could be argued that the contract was at large?
Once the meters had been installed the contractor had agreed for remaining works to be completed in a week, this was confirmed in writing. The extension of time was issued to reflect that period. Therefore, the client would have been able to claim liquidated damages after that one week period.
