Case Study Flashcards
Can you tell me what insurance option 6.4C and why you proceeded with this option? What were the alternative options
6.4C - Insurance of Works and Existing Structure by Other Means.
- The Client requested this as they had struggled to obtain a joint names policy as per Clause 6.4B with suitable cover as insurance for the building is not typically provided on an ‘all risks’ basis and only for damage and loss for specific perils such as fire.
- Therefor option 6.4C was selected as this provided the opportunity for the Client / Employer to obtain insurance for the structure under their own bespoke terms. The employer also wished to obtain a joint-names policy for the works so that the amount they had invested in the works via interim payments were protected.
- Clause 6.4A is Joint Names Insurance of the Works by Contractor and is most relevant for new build projects.
- Clause 6.4B is Joint Names Insurance of the Works and Existing Structures by the Employer.
Why did you progress with Partial Possession under SBCC Minor Works and did you consider other options?
Partial Possession terms were written into the SBCC Minor Works Contract within a Schedule of Amendments.
This was discussed with the Contractor prior to works progressing on-site so they understood how Partial Possession was going to be implemented within the works and they agreed to accommodate this.
This did provide the required contractual instruments to allow for client access, the passing of responsibilities of the site etc. However, in hindsight this provided the unnecessary risk of the Contractor having a substantial change of position and disputing the partial possession notice, although they would not be able to do so unreasonably.
In hindsight an SBCC Standard form of Contract would have been more suitable and would have required:
- The Contract Particulars section of the JCT/SBCC booklet needs to be completed to allow for sectional completion, i.e. descriptions of the sections, dates of possession for each section, dates for completion for each section, section sums and liquidated damages for each section.
- On PC of a section being achieved, the employer’s agent/contract administrator would issue a section completion certificate, setting out the date (in their opinion) on which PC of that section occurred under the building contract.
- The rectification period for the relevant section starts to run from its PC date, as set out in the section completion certificate.
- Risk of loss or damage and insurance responsibly for the relevant section is passed back to the employer on the sectional PC date, as stated in the section completion certificate.
I was working under the oversight of a senior colleague who approved with my course of action and it was also early in my career.
What was the Contract Sum and how much did each section of the works cost?
The Contract Sum - £258,425,20
- Prelims = £20,000
- Access & Misc = £20,000
- Downtakings = £5,000
- M&E = £90,000
- Joinery = £15,000
- Decor & Finishes = £60,000
- External Works = £20,000
- 10% Contingency
What were the consequences of Partial Possession being granted to the client on the conclusion of Phase 1
- The rectification period for the ‘Relevant Part’ starts to run from the deemed PC date and the client released half the retention monies.
- LADs are reduced by the same proportion as the value of the ‘Relevant Parts’ to the Contract Sum.
- Risk of loss or damage and insurance responsibility for the ‘Relevant Part is passed back to the employer on the deemed PC date.
How much was the retention released on providing partial possession to the client and how was this arranged for? What retention monies were then released at PC?
The amount of retention released was 2.5% of the amount of the works to the basement area and this was done through an interim valuation following the ‘relevant date’ for partial possession.
The amount of the works to the basements was £90,000.00 so the retention was 2.5% of this = £2,250.00.
How much were the LADs reduced by following Partial Possession?
Following Partial Possession, the contract stated that LADs were to be reduced by the proportion of the ‘relevant part’ i.e the basement to the contract sum. This was 37% of the contract sum.
Therefore the LADs deducted by 37% of £450 which was £283.50 / week.
If you were to have used a Standard Form of Contract with Sectional Completion, how would you have allowed for that?
- Sectional Completion is within the Standard Terms of the SBCC Standard Building Contract as default so this type of contract would have been selected.
- Within the contract particulars for the date for sectional completion to the basement, the description of the area which the contractor would take possession of would be required to be inserted, the cost of each section would need to be inserted as well as the LADs for each section.
On the date for sectional completion, a completion of sectional completion would need to be provided by the contract administrator would be required to be issued or, if the works had not been achieved then a certificate of sectional non-completion.
You mentioned H&S risks in your presentation within Key Issue 1. I understand you weren’t PD but how would you have identified, managed and communicated H&S risks to the Principal Contractor, Designers, The Client/Employer?
To identify these risks, I would have carried out a risk assessment considering hazard and risk.
How did you pull together the various options for phasing of the works and what was considered in bringing together these options?
In pulling together these options, I first obtained an understanding from the client that I discussed proposals and worked together with the principal designer as health and safety within the pre-contract stage was their responsibility.
In carrying out the procurement and tendering and pulling together the specification of works and thereafter, in implementing the phasing and administering partial possession, I had a joint role in pulling together the options and presenting these to the client.
- The principal consideration was H&S and how various risks could be managed and mitigated
- Another consideration was the layout of the building and how it lent itself to being separated into different sections.
- Furthermore, providing care to the client in achieving their objectives while providing a reasonable working environment to the client was considered.
Vacant Possession was an obvious consideration from a H&S perspective but it would fail to provide for the clients objective although would mean the works would be completed speedily.
In terms of providing the client was the highest level of function from the building, the 4-phase option was considered as this best served the clients objective of having access but at a cost and also having the effect of extending the overall disruption with a lengthy programme. It would be very challenging to provide the client with a reasonable working environment as dust pollution and noise pollution would easily dissipate throughout the upper floors.
The 2-phase option provided a balanced approach where access was provided, as per the clients objective. The building layout lend itself to this separation as there were separate access/egress points as well as a large metal lockable security door subdividing the two areas making H&S more manageable. This option also ticked the box of providing a reasonable working environment.
Did you have to provide any certificates/notices or other such documents to issue to implement Partial Possession and if so can you explain their contents and how these were issued?
The Architect/Contract Administrator gives the Contractor notice on behalf of the Employer identifying the part or parts taken into possession and giving the date when the Employer took possession (“the Relevant Part” and the “Relevant Date” respectively).
Relevant Date = 7/11/22
The Contractor’s permission cannot be unreasonably withheld.
Provided there was a delay in the handover of the basement within Key Issue 2, was an extension of time issued?
The Partial Possession notice had not yet been issued at the time of delays being incurred so the ‘Relevant Date’ was amended to allow time for solution to be sought and implemented.
The contractor acted to amend their programme to accommodate for the delay while still achieving the completion date.
Why was level access not provided as part of the works?
- Within the Equality Act 2010, level access is limited to making reasonable adjustments, but likewise the client had a statutory duty to protect the character of the historic environment. In the case of 163 Bath Street, this would heavily limit the options to provide access to the front elevation as the Grade-B listing relates to elements of the front elevation.
- In terms of Building Warrant, Section 4.2 of the non-domestic technical handbook states that in a non-domestic building not served by a lift.
- We advised the client that under the Equality Act 2010, they may be considered to be in breach of this by not acting reasonably to provide level access such as by seeking to install a wheelchair lift externally that provides access to the basement level as is seen in buildings of a similar nature.
- We also advised that if this were to be done, Historic Environment Scotland states ‘The resting position of any
external lift should be as low as possible, and the
design of the platform and restraints should be as
transparent as possible’.
What was the architectural period of 163 Bath Street and what other architectural periods are of?
163 Bath Street was a Georgian townhouse.
The architectural style that succeeded Georgian architecture and was followed by Edwardian architecture.
Other architectural styles include art deco and brutalism.
How would you identify the difference between Georgian and Victorian Architecture?
Georgian Architecture - Symmetrical external facade with evenly spaced windows.
Victorian Architecture - Stonework features to the external elevation are more ornate.
What are different elements of a Georgian building and what are common defects and the remedies of these defects?
Roof
- Nail Sickness:
Strip the section of roof and replace the corroded nails with modern copper nails. - Slipped or missing slate:
To replace with a slate that matches the profile and specification, slide the slates in courses above the effected slate and fix a new single holed top slate. - Lead flashing wind uplift, surface movement, rips and tears.
Lead sheet academy provides installation details as well as the different Codes of Lead and their applications (Codes 4,5&6 are usable for flashings).
External Walls
- Light weathering of stonework.
Brushing (stiff bristle brush) or dressing masonry back to a sound surface - Significant weathering.
Stone indent repair with petrographically matched stonework, carefully cut out the existing leaving a 100mm bed for the new sandstone section to be set in and thereafter repointed.
