Case Study Flashcards

1
Q

Why did you select the JCT Minor Works Contract for this project?

A
  • The works were simple in nature.
  • Low value works (beneath £250k recommended limit for MW).
  • No requirement for contractor design.
  • No requirement for sectional completion.
  • No requirement for third party rights (collateral warranties etc.).
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2
Q

How were Liquidated Damages calculated?

A

The LD’s were calculated by the client based on the likely loss to be suffered should the contractor fail to meet the completion date.

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3
Q

Was 5% retention applied for all payment certificates?

A
  • 5% retention was applied to all payment certificates up to practical completion.
  • 2.5% retention was applied to payment certificates after practical completion.
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4
Q

Did you or the Principal Designer prepare the PCIP?

A

The Principal Designer prepared the PCIP, however I assisted in gathering the relevant information from the client to be included in the PCIP.

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5
Q

Can you describe the contents of the Pre-Construction Information Pack?

A
  • Nature of the project.
  • Client considerations and management requirements.
  • Environmental restrictions and existing on site risks (hazardous materials, contaminated land etc).
  • Design and construction hazards.
  • Health and safety information (construction phase plan).
  • Designer risk assessment.
  • F10 notification.
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6
Q

Who is responsible for producing the Pre-Construction Information Pack?

A

The client, however the PD will assist the client in gathering the relevant information.

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7
Q

Was an asbestos survey undertaken before the works were carried out?

A

Yes, an asbestos refurbishment and demolition survey was undertaken of the roof and internal ceilings.

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8
Q

Where is the requirement for undertaking of an asbestos refurbishment and demolition survey stipulated?

A

Regulation 5 of CAR 2012 – identification of the presence of asbestos.

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9
Q

Would Regulation 4 (duty to manage) apply to the property?

A

Regulation 4 only applies to common parts of residential properties (circulation areas).

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10
Q

Where might you find asbestos within roofs?

A
  • Asbestos roof tiles.
  • Asbestos bitumen sarking felt.
  • Asbestos to cold water storage tanks.
  • Asbestos insulation.
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11
Q

Were the external walls loadbearing? Was there a loadbearing internal brickwork skin?

A

Yes, there was an internal skin of brickwork to the external walls.

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12
Q

What was the construction of the flat roofs?

A
  • Timber, finished with a combination of mineral felt and lead sheeting.
  • Cold roof construction.
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13
Q

What was the new build-up to the flat roofs to meet Part L of the Building Regulations?

A
  • Plasterboard to the underside.
  • Vapour control layer.
  • PIR insulation.
  • 50mm air gap.
  • Structural deck with a combination of a GRP covering and lead (code 5).
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14
Q

What does Part L of the Building Regulations refer to and what are the different parts Approved Document L?

A
  • Conservation of Fuel and Power.
  • Volume 1: Dwellings.
  • Volume 2: Buildings other than dwellings.
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15
Q

You have mentioned the need for obtaining planning permission for increasing the roof height, can you please explain the process involved in obtaining planning permission?

A
  • Submit a planning application to the LA planning department with correct fee and relevant documentation.
  • The LA will validate the application and request any missing documents.
  • The LA will acknowledge a valid application.
  • The LA will publicise and consult on the application.
  • Application considered by planning officer or planning committee.

The application will then either be:

  • Not decided within the 8-week period.
  • Permission granted.
  • Permission granted with conditions.
  • Permission refused.
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16
Q

What information/documentation should be included within a planning application submission?

A
  • Plans and drawings (location plan scale to be 1:1250 or 1:2500).
  • Existing and proposed drawings.
  • Ownership Certificate and Agricultural Land Declaration.
  • Design and Access Statement (for some planning applications).
  • Fire Statement (for some planning applications made on or after 1 August 2021).
  • Correct fee.
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17
Q

What is a design and access statement?

A
  • A concise report accompanying certain applications for planning permission and applications for listed building consent.
  • They provide a framework for applicants to explain how the proposed development is a suitable response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users.
  • Design and Access Statements can aid decision-making by enabling local planning authorities and third parties to better understand the analysis that has underpinned the design of a development proposal.
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18
Q

What is the typical duration for a decision to be made on a planning application?

A

8 (straight forward applications) – 13 weeks (large or complex applications).

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19
Q

What type of planning application was submitted?

A

Full plans.

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20
Q

How did you establish that the increase in roof height would require planning permission?

A

I submitted a Householder Planning Check form to North Yorkshire County Council, who undertook a “Permitted Development Check”, outlining the need for planning permission for the works.

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21
Q

What other method can be used to confirm works can be carried out under PD rights?

A
  • Application to local authority for a certificate of lawfulness.
  • Will confirm whether or not the works fall under PD and will likely be requested when selling the property.
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22
Q

Did the schedule of works that the contractor priced prior to your involvement need to be changed to ensure compliance with the Building Regulations?

A

Yes, this involved increasing the level of insulation to achieve a U-value of 0.22 (payback of 13 years).

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23
Q

What was your involvement regarding the schedule of works and how did this fall under your role as CA?

A
  • I reviewed the quotation provided by the roofing contractor and transferred this onto a SoW excel document.
  • Additional works were included within the final schedule of works and items were split to assist with undertaking interim valuations.
  • Part of our appointment included pre-contract consultancy services around advising the client and assisting them with the contract documents etc.
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24
Q

Can you provide an example of an items included within the SoW and what was included for this in the SoW?

A
  • Removal and reinstatement of existing slates.
  • Allow for reinstatement of the slates. Slates are to be laid in diminishing courses and random widths, with a minimum head lap of 75mm, secured with two copper nails.
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25
Q

Can you please explain the construction and build-up of the existing pitched roof sections?

A
  • Westmoreland slate covering.
  • Timber battens.
  • Timber rafters (75mm).
  • Timber purlins.
  • Combination of plasterboard and lath and plaster ceilings.
  • “Crown” construction (hipped with tabletop).
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26
Q

Can you explain the build-up to the refurbished roof slopes?

A
  • 37.5mm insulated plasterboard to the underside of the existing 75mm rafters.
  • 60mm rigid (phenolic) insulation between rafters.
  • 15mm air gap.
  • Breather membrane.
  • Timber battens.
  • Westmorland slate covering.
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27
Q

What were the different types of lead used during the works?

A
  • Code 5 lead to front / side guttering (expansion joints at 2m centres).
  • Code 5 lead dormer cheeks.
  • Code 5 lead to hips.
  • Code 5 lead to valleys (lengths not exceeding 1.5m, with min 150mm end laps).
  • Code 4 soaker flashings and apron flashings to front of dormers.
  • Code 3 soakers, code 4 step and back gutter flashing to chimneys.
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28
Q

What were the tabletop railings made from and what works were carried out to these?

A
  • Wrought iron.
  • Temporarily removed to replace leadwork to roof.
  • Surface corrosion removed with a wire brush, anti-corrosion treatment applied and redecorated.
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29
Q

Can you please explain what a condensation risk analysis is and how these are carried out?

A
  • A condensation risk analysis determines the likelihood of condensation forming on surfaces and interstitially within a roof build-up.
  • Falls under Part C of the Building Regulations – Site preparation and resistance to contaminants and moisture.
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30
Q

How was condensation risk managed within the build-up of the roof?

A
  • A 15mm air gap was provided between the insulation and sarking.
  • The sarking felt was a breather membrane.
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31
Q

Are you able to please explain how the payback period for the new roof build-up was calculated?

A
  • The calculation was undertaken by the LHL design team.
  • The calculation is based on the duration of time in which the expenditure of the upgrades is saved in energy.
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32
Q

Did you identify any quality issues that needed to be resolved?

A
  • Yes, I discussed these with the contractor on site and agreed the works required to resolve matters. Discussions were followed up with an email confirmation, ensure the client was copied into the email.
  • Examples: poorly fitted insulation, incomplete repointing works, damage to installed materials.
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33
Q

When you measured the works against interim applications, what point in the contract did you measure this to?

A

Works were measured up to the due date for each interim payment cycle.

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34
Q

The contract duration was 12 weeks, however the programme shows the works to have exceeded this. What advice did you provide to your client regarding the extended duration and what steps did you take to manage the situation?

A
  • I advised the client that the contractor would be entitled to an extension of time due to the variations instructed throughout the project as well as exceptionally adverse weather conditions.
  • I carried out an assessment of the contractor’s claim for an extension of time, including reviewing records of historic weather conditions and time implications of the variations instructed.
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35
Q

How did you carry out your assessment of the contractor’s extension of time application?

A

Assess the extent of the delay and the cause of delay, establishing if the causes are classed as a relevant event.

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36
Q

What did you provide/issue with regard to the extension of time?

A

I issued the notice of Adjustment of the Completion Date.

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37
Q

Did you operate the drone, what qualifications and training and insurance did you have in place?

A
  • Civil Aviation Authority Flyer ID Training.
  • Public liability insurance.
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38
Q

What type of drones do you fly?

A
  • Drones under 250g.
  • Licensed to fly Open A1 and A3 (basic low risk flying).
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39
Q

Are you aware of any RICS guidance relating to the use of drones?

A

Drones: applications and compliance for surveyors (May 2019) – INSIGHT PAPER

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40
Q

How did you manage the quality of the works throughout the project?

A
  • I assessed the works against any specifications referred to within the schedule of works (e.g. product specs for breather membrane), requirements set out within the Approved Documents (Part L – limiting gaps between insulation/rafters) and relevant British Standards.
  • Lead Sheet Training Academy best practice – tucking in flashings by 25mm and expansion joints to gettering at no greater that 2m centres.
  • Refix the existing slates, laid to minimum 75mm headlap (35 degree pitch) onto and including for new 50 x 25mm tanalised fully graded battens. Slates to be laid in diminishing courses and random widths. Each slate to be secured with two copper nails.
  • Breather membrane with minimum 150mm headlaps.
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41
Q

Are there any British Standards you checked the work against?

A

BS 5534 (Slating and tiling for pitched roofs and vertical cladding).

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42
Q

You say you reviewed the contractor’s quotation when LHL were appointed, what did the review involve?

A
  • A review of the works included within their quotation to ensure they were adequate in meeting the client’s requirement.
  • I also undertook a review of the costs to check that the costs were reasonable for the works to be carried out (reviewed with assistance of QS and comparison with price book data and recent costs for similar works).
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43
Q

How did you report on quality on the job, what did you use as a benchmark for the quality?

A
  • I produced written reports to the client weekly, reporting on the progress and quality of the works and any issues encountered.
  • I assessed the works carried out based on the schedule of works (e.g. correct code of leadwork being used).
  • Manufacturer’s recommendations (technical guidance) / specifications (overlapping of breather membrane by 150mm etc.)
  • Reference to Building Regs (e.g. insulation to be installed in accordance with part L (eliminate gaps between PIR boards and rafters).
  • Lead Sheet Training Academy guidance.
  • British Standards – BS 5543 (British Standard for Slating and Tiling).
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44
Q

How did you report on costs during the project?

A
  • Issuing of interim payment certificates.
  • Providing the client with financial statements (includes costs incurred to date and a prediction of the final account, including the cost of any variations).
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45
Q

You say you assessed variations, how did you assess these variations?

A
  • Considering fair rates and pricing.
  • Contract rates and prices e.g. uplift in requirement for replacement of slates as a percentage.
  • Advice from QS regarding costs.
  • Coparision to the cost of similar works from other recent projects.
46
Q

How long did it take from LHL being appointed to work starting on site?

A

12 weeks (starting with site set up / scaffold erection).

47
Q

Your case study says the contract period was 12 weeks, but the programme shows it longer than this, can you explain why?

A
  • The completion date was delayed due to a number of variations, delays in the contractor receiving instructions and exceptionally adverse weather conditions.
  • Delays to the completion date were also due to the contractor not allocating enough labour to the job.
48
Q

How did you assess the EoT?

A

Comparing actual progress vs planned progress.

Critical path analysis.

Overview of the facts, including:

  • Emails
  • Letters
  • Minutes
  • Progress records
  • Photos
  • Instructions
  • Drawings
49
Q

How long was the EoT for?

A

9 weeks.

50
Q

What is the name of the paperwork under the contract for extending the completion date?

A

The notice of Adjustment of the Completion Date.

51
Q

You say the building was not listed or in a conservation area, how would the works be affected if the building was listed or in a conservation area?

A
  • Requirement to obtain planning / listed building consent for the works and subsequent delays to commencement of works.
  • The choice of materials would have been dictated by planning conditions and may have resulted in additional costs.
52
Q

How did you establish that the building was not listed or located within a conservation area?

A

I undertook online searches via Historic England and through the local authority’s conservation area map.

53
Q

Your organogram shows a contractual link between the client and LHL, what sort of contract was this?

A

An appointment document / form of appointment.

54
Q

Was the roof space in use prior to works beginning? If not, why did you need to insulate between the rafters?

A

The majority of roof spaces were already used as habitable space. The only option was to insulate at rafter level.

55
Q

What were the slate, lead and felt roof specifications?

A

Slate

  • Re-fix the existing slates, laid to minimum 75mm headlap, onto new 50 x 25mm tanalised fully graded battens.
  • Slates to be laid in diminishing courses and random widths.
  • Each slate to be secured with two copper nails.
  • Double course to be formed at the eaves.

Lead

  • Code 4 lead used for soakers and apron flashings to front of dormers.
  • Gutters – Code 5 lead sheeting with neoprene expansion joints not exceeding 2m centres. Patination oil to be applied to leadwork.
  • Stepped flashings to be inserted to a minimum of 25mm, secured with lead wedges and joints sealed with a lead sealant.
  • In accordance with Lead Sheet Association guidelines.

Dormer Roofs

  • Liquid coating product applied.
  • XXXXX
56
Q

You mentioned that the existing covering to the pitched roof sections consisted of Westmoreland slate. What are the characteristics of Westmoreland slates and what other types of slates are typically used for roofs?

A
  • The slates are typically dark grey or blue-grey in colour, with a distinctive mottled appearance.
  • Stone slates, Welsh slate, Burlington slate
57
Q

How did Approved Inspector approve substandard insulation?

A
  • The proposed build-up achieved a simple payback within the 15 year threshold.
58
Q

You have referred to a Registered Building Control Approver within your case study. When did the The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 come into force?

A
  • 6th April 2024.
  • The role of Approved Inspector still applied to the project.
59
Q

Can you please provide examples of where you have demonstrated compliance with the Rules of Conduct where applicable within your case study project?

A

Rule 1

  • Any advice provided to the client was honest and objective – I suggested that permitted development would not apply and gained written confirmation from the local authority to back up my advice.
  • When requesting additional fees from the client due to the project being extended in duration, these additional fees were based on the those included within our terms of service (open and transparent with the client).

Rule 2

  • I ensured that I only advised the client on matters where I was competent to do so. If unsure I would first discuss my proposed advice with a senior colleague before presenting to the client.
  • I have reflected on the outcome of the project and how improvements could be made to my performance in the future.

Rule 3

  • Established the client’s requirements when undertaking a review of the contractor’s quotation / schedule of works.
  • Referred to relevant legislation e.g. approved documents and planning requirements - clarifying what my advice was based upon.
  • Kept up to date records of any discussions, meeting minutes, contract documentation, contract instructions, cost information etc.
  • Avoided using technical jargon when discussing matters with the client to ensure they clearly understood everything.

Rule 4

  • Acted respectfully and courteously towards all members of the project team.
  • Worked cooperatively with others whilst maintaining impartiality within my role as contract administrator.

Rule 5

  • N/A.
60
Q

Was the project notifiable under the CDM regulations?

A
  • Based on the initial estimated duration of the works and number of contractors planned to be working on the job, the job was not considered to be notifiable.
  • Although the construction period was extended, the total number of person days was under the 500 person day threshold.
61
Q

What other contracts may have been suitable for the project and why did you decide to use JCT Minor Works?

A
  • JCT Intermediate could have been used which would have allowed for sectional completion for the loft conversion works if this had been included within the original contract works.
  • Building Contract and Consultancy Agreement for a Home Owner/Occupier (HO/C and HO/CA) 2021 – This may have been used.
  • JCT Minor Works was considered suitable, predominantly due to the low level of complexity, risk and short duration of works.
62
Q

What insurance option was selected for the project?

A
  • Clause 5·4C (Works and existing structures insurance by other means).
  • Contractor to take out an all-risk insurance policy in joint names.
  • It was agreed that due to the difficulty in the employer obtaining a policy for the works and structures, that the contractor was take out policy instead.
63
Q

For Key Issue 1, you mentioned that rainwater goods and other roof features may need to be adjusted to accommodate the change in roof height for option 1. Can you explain what these adjustments would consist of?

A
  • Either extending the depth of the guttering of lifting them where possible (not possible to stone gutter).
  • Raising height of flat roofs and potentially reducing the size of windows to dormers.
64
Q

Can you explain the construction of the roof as seen within the roof space to be converted?

A
  • Principal rafter to the centre of the room.
  • Common rafters to all roof pitches.
  • Purlins and hip rafters
65
Q

Can you explain the mortar to the underside of the existing slates?

A

Lime torching – Intended to provide stability to slates and to prevent water ingress.

66
Q

What were some of the structural alterations required to the existing roof structure as part of the loft conversion works?

A
  • Cutting back of purlins to where the new dormer was to be constructed, as well as doubling up of rafters either side of the dormer.
  • Doubling up of rafters either side of new conservation roof lights.
  • Reduction in existing floor level, with new joists supported by joist hangers.
67
Q

You have mentioned additional weight to considered for increasing the depth of the existing rafters. How might you got about strengthening the roof?

A

Providing additional purlins or increasing the depth of existing purlins.

68
Q

How would you approach the project if you were to undertake it again or a similar project?

A
  • I would encourage the client to tender the works.
  • I would make sure to outline the potential extent of delays if client design changes / variations issued.
  • I would consider the used of a different contract, such as JCT intermediate so that loft conversion works could be completed as a separate section.
69
Q

What was the defect rectification period within the contract and why was this period specified?

A
  • 12 months.
  • Allowing the building to experience a range of weather conditions over the seasons would provide a good test to ensure that the works were secure, wind and weather tight.
70
Q

What is the standard rectification period allow for within JCT Minor Works?

A
  • 3 months from practical completion.
  • CA to notify contractor of any defects to be rectified no later than 14 days after rectification period.
71
Q

You mentioned in your case study that your primary role was acting as contract administrator. Did you contribute towards the project in any other ways?

A
  • I also acted within the capacity of a consultant to the client with regard to design (dormer materials), statutory obligations (permitted development/planning/building regs).
  • I assisted the principal designer during the pre-construction phase, obtaining information from the client for the pre-construction information pack.
72
Q

Can you explain what contract particulars are and some of them included within the contract?

A
  • The contract particulars in a construction contract (or appointment agreement) set out the aspects of the contract that are particular to the project to which the contract relates.
  • Contract sum, commencement and completion date, interim payment dates, liquidated damages, defects rectification period, insurance requirements.
73
Q

What advice did you give to your client regarding the selection of an insurance option for the project.

A
  • I advised them that it is typically extremely difficult to obtain a joint names all-risk insurance policy for building works.
  • I recommended that Option C was chosen and that further advice should be sought via their insurer to guide them on the most appropriate alternative method of insuring the works and existing structures.
74
Q

You mentioned in your case study that your chaired monthly progress meetings. Can you provide some examples of items covered within the meetings?

A
  • Client feedback.
  • Contractor’s report on works progress and upcoming planned works.
  • Estimated completion date and likelihood of delays.
  • Any issued encountered relating to the works.
  • Contractual matters (instructions to be issued, upcoming IVD).
  • Statutory matters (planning and building regs).
  • H&S matters.
75
Q

You mentioned that the building was constructed circa 1880. How did you determine this?

A

Use of historic maps and confirmation of build date on title deeds.

76
Q

What did your assessment of the roof structure involve with regard to Key Issue 1?

A
  • Measurements of rafter depths where exposed.
  • Assessment of floor to ceiling heights to vaulted roof sections.
77
Q

How much insulation would typically be required to meet a U-value of 0.16?

A

Between approximated 140 – 200mm rigid insulation.

78
Q

What type of insulation was proposed for option 1?

A
  • Phenolic, closed cell, rigid insulation boards (60mm).
  • Phenolic insulation is deemed to be the most thermally efficient when compared to the likes of PIR.
79
Q

Can you please explain the construction of a typical hipped roof?

A
  • Wall plate
  • Hipped rafters, jack rafters and common rafters fixed to ridge board.
  • Purlins at mid span (around entire roof for larger roofs).
  • Battens with roof covering on top.
80
Q

Can you explain what is meant by ‘not technically or functionally feasible’ within the context of upgrading the thermal performance of the roof?

A

If meeting such a standard would limit head room, a lesser standard may be appropriate. In such cases, both of the following should be achieved:

  • a. The depth of the insulation plus any required air gap should be at least to the depth of the rafters.
  • b. The insulant should be chosen to achieve the lowest practicable U-value.
  • Ceiling heights of 1.5m or less are considered restricted use spaces.
81
Q

When would increasing a roof’s height require planning permission?

A

When the height is increased by 150mm or more.

82
Q

What alterations would have been required to external features to accommodate an increase in the roof height?

A
  • Extending of downpipes.
  • Adjusting height of or fitting wider guttering.
  • Increasing height of flat roofs.
83
Q

You have mentioned the need to accommodate additional weight imposed upon the roof structure from increasing rafter depths, can you provide examples of how this may be achieved?

A
  • Increasing purlin sizes/depths.
  • Doubling up rafters.
  • Providing additional lateral restraint (dragon ties) to prevent thrusting of the rafters.
84
Q

What is the standard size of an air space between insulation and roof coverings to provide adequate ventilation?

A

25-50mm.

85
Q

How did you monitor the works to ensure compliance with Building Regulations?

A
  • I assessed the works against the requirements set out within Approved Document L Volume 1 (Dwellings), ensuring that the insulation used would meet the required U-value and that the insulation boards were installed correctly, in accordance with manufacturer’s recommendations (eliminating any gaps).
  • The works were also checked by the Approved Inspector to ensure compliance. I liaised with them to arrange inspections before sections of roof were covered.
86
Q

How did you assess the competence of the roofing contractor?

A
  • I enquired regarding previous projects undertaken by them, as well as the resource in terms of different trades (carpenters, electricians etc.).
  • I established the extent of works in which they would be able to undertake, which they confirmed would be limited to constructing the dormer and installation of external finishes and insulation.
87
Q

How did you ensure that the way you conducted yourself and advice you provided was ethical and in the best interest of your client?

A
  • I treated all members of the project team with courtesy and respect throughout.
  • I made sure to only provide advice where competent to do so and requested guidance from my supervisor and the design team when unsure of matters.
  • I carefully considered each of the options for the two key issues and advised the client based on the options that would be more feasible for the client, as well as safeguarding the client in terms of reducing risk.
  • My duty of care extended beyond just acting for my client, but also to the wider public (acting in the public interest), ensuring that the works were undertaken in accordance with relevant legislation to ensure future owners would be purchasing a property where works had been undertaken and monitored to a high standard.
88
Q

How did you remain impartial within your role as contract administrator throughout the project?

A
  • Although I had a contractual agreement with the client, I adhered to JCT contract procedures and ensured that the contractor’s rights were maintained/granted throughout. For example when:
  • issuing payment certificates;
  • valuing any variations or any work instructed in respect of Provisional Sums (see “Terms used”) included in the Contract Documents;
  • giving any extension to the time stated in the Contract Particulars for the completion of the building work;
  • certifying the date of practical completion (see “Terms used”) and the date when in his opinion all defects which appear during the Rectification Period (see “Terms used”) have been made good.
89
Q

What provisions were made within the contract for the settlement of disputes?

A
  • Mediation – The appointment of an independent mediator to guide the disputing parties towards a mutual agreement or outcome, avoiding the need for litigation.
  • Adjudication – By agreement of both parties, to refer a dispute to an independent adjudicator to make a ‘fast track’ decision, usually within a 28-day period unless extended by agreement of the conflicting parties.
  • Arbitration – The appointment of an independent arbitrator or panel or arbitrators to make a binding decision on behalf of the parties based on the facts presented to them.
  • Where parties are unsatisfied with the outcomes, they can refer the matter to arbitration or litigation.
90
Q

What was the build-up / specification for the new lead gutter lining?

A
  • Code 5 lead sheeting, with neoprene expansion joints provided at 2m centres (suitable for code 5).
  • A minimum of 150mm lap beneath the slates.
  • Patination oil to be applied to new leadwork upon completion.
91
Q

What was the cost difference between the three options for Key Issue 2?

A
  • Patch repairs - £
  • Liquid coating throughout - £
  • Replacement of lead - £
92
Q

What type of client was the client classed as under CDM 2015?

A

Commercial Client.

93
Q

What was the set-up regarding managing of CDM duties within the project?

A
  • As the client was the management company of the flat they were classed as a ‘commercial client’ under CDM, and as such their duties applied in full and could not be passed on to other dutyholders.
  • LHL were appointed as Principal Designer.
  • The roofing contractor (Martin Brooks) was the Principal Contractor.
94
Q

When do a commercial client’s duties start and finish?

A
  • Their duties start from the point in which they commit to going ahead with the project, including during the early planning and design (pre-construction) phase.
  • The client’s duties continue beyond completion of works and maintain responsibilities during the use and maintenance of a building.
  • The client’s duties end when they dispose of their interest in the building.
95
Q

You mentioned that the management company was made up of the individual leaseholders. Please explain the set-up for this?

A
  • Each of the flat owners was a leaseholder, who all had a share of the freehold, which was ultimately owned by the management company.
  • The client was the management company or freehold company – a company that owns the freehold, the shares in which are usually owned by the leaseholders. Often described as ‘having a share of the freehold’.
96
Q

Please explain the difference between leasehold and freehold?

A
  • The freeholder has complete ownership of the property and the land it’s built on, with no fixed time limit.
  • The leaseholder has the right to live in the property for a set period of time, usually 99 or 125 years, but can be as short as 40 years or as long as 999 years. The leaseholder is responsible for paying ground rent and service charges to the freeholder, who owns the land and building.
97
Q

How did you advise your client regarding instructing the additional works and any contractual implications?

A
  • The additional works would form a variation to the original contract works and would qualify as a relevant event (delay to the completion date caused by the client or a neutral event).
  • A relevant event would entitle the contractor to an extension of time.
98
Q

You mentioned in your case study that a contractor was instructed prior to your involvement, how did this works contractually?

A
  • The contractor was appointed by the client on the basis that they would carry out the works under a JCT contract.
99
Q

How would you have gone about obtaining a guarantee for liquid coating works to the gutter, knowing the design of the substrate was compromised?

A

I discussed the situation with a manufacturer who was happy that the product would be able to accommodate seasonal movement and a guarantee would be provided.

100
Q

You mentioned that you have improved your understanding of working at height, can you please explain what the definition of working at height is and any relevant legislation around this?

A
  • Working at any height that poses a risk of injury if a fall were to occur, whether that be above or below ground level.
  • Working at Height Regulations 2005.
101
Q

How did you ensure that the scaffold was safe to use?

A

Scaff tags / records.

102
Q

You have said that the works were carried out using a JCT Minor Works contract, without contractor’s design. Who was responsible for the design?

A
  • The responsibility for the design was taken by the client, who provided a list of works to the contractor to price the works against.
  • Following the quotation, I amended the SoW to add more detail, as well as additional items.
103
Q

Who was responsible for the scaffold design?

A

The roofing contractor subcontracted the scaffold design and supply to a sub-contractor.

104
Q

How did you determine that the works were practically complete?

A
  • I established that all works had been carried out in accordance with the contract documents and the works were satisfactory in terms of their intended purpose.
  • The contractor had provided all documentation in relation to the O&M manual, guarantees for the works and the building regulations final certificate had been provided.
  • Consideration was given to the de minimis principle. Only minor snagging works were in place at the time of PC, which were agreed to be rectified by the contractor within the DLP, as a condition of certifying PC.
105
Q

What were the contractual implications of certifying practical completion?

A
  • Responsibility for ensuring the works / site were passed to the employer.
  • Half of the retention was released.

The employer’s right to liquidated damages for delays to the works ends.

  • The three month period for the supply of documentation for computation of the final account commenced.
  • The defects liability period commenced (12 months).
  • The one month period for providing the H&S file commenced.
106
Q

What is the minimum fall for lead sheet gutters?

A

1:80

107
Q

How did you ensure ventilation to the flat roofs?

A

The roofs were of warm deck construction and so there was no requirement to ventilate them.

108
Q

What should the minimum side / shoulder laps be when laying roof slates?

A

The side lap should be at least half the head lap.

109
Q

You mentioned working at height within your case study. What is the key legislation in relation to working at height?

A

The Work at Height Regulations 2005

110
Q

What is classed as working at height?

A

Working at any height which, if a fall were to occur, there would be a risk of injury.

111
Q

What three things should you consider before working at height?

A
  • Avoid working at height where it is reasonable practicable to do so.
  • Where WAH cannot be avoided, prevent falls by using existing place of work which is safe or the right equipment.
  • Minimised the distance and consequence of a fall if the risk cannot be eliminated.