Case Study/Fire Regulations Flashcards
You mention cashflow forecasting to the client, why was this necessary?
This was not a contractual requirement, more of a goodwill gesture for our client. We had a better understanding of when the Programme would become cash intensive, so was best placed to advise on the likely project expenditure. This was used by the client to obtain funding from the bank.
Can you give three amendments to the JCT contract for your project?
1) Payment terms from 14 days to 21 days
2) The addition of a relevant event specific to the outbreak of an epidemic/pandemic and Brexit
3) The employer may retain £10,000 where the contractor fails provide all O&M to a satisfactory standrd.
Was there any recourse to recover the costs associated with the specification change in fire protection requirements? If so, what were they?
The contract we operated under was a JCT design and build contract, meaning the employer had no design responsibility as the architect was employed under the contractor. This meant we could not recover the change in specification as a variation.
However, it could be argued that a competent architect should have understood the fire rating requirements from the outset which would have negated the need for retrospective fire protection. This could be deemed an act of negligence which could be recovered through our PI insurance. However, the costs were reduced significantly, which did not make such a claim worthwhile.
Did you consider the instruction issued to the firestopping subcontractor, and later the painting subcontractor a relevant event and why?
Whilst an instruction does qualify as a relevant event, in this case the impact on the completion date was nil as a separate team would manage the works concurrent to the existing team, meaning the completion date would not be impacted.
How did you go about agreeing the original quotation from the firestopping subcontractor?
I referred to the valuation hierarchy in clause 5.6 of the subcontract.
The application of fire protection through paint had not be priced before within the subcontractors order, thus, there were no rates with the schedule of rates to fall back on. Due to the urgency and risk around the works the subcontractor issued a quotation which was subsequently accepted by us.
How did you agree the cost of the paint and supply, did you have a breakdown from the original quote?
The subcontractor issued a quotation for £50k. 50% of this was made up of labour and materials, and the other 50% was made up of preliminaries. Knowing the works were urgent, we were happy to pay for the prelims to ensure their existing works were not delayed and we knew the labour had an allowance for risk due to access restraints. The works were urgent and we could not afford to waste time picking apart the quotation given our expensive LAD costs.
Can you please explain why it took 3 months to conclude this issue?
The first 6 weeks were spent chasing the firestopping subcontractor to carry out the works they were obliged to do. We then spent 3-4 weeks reviewing the best suited solution to move forward. There was then a period where we had to wait for a manufacturers report to establish whether the materials purchased were correct.
In your instruction to the painting subcontract, why was the cost stated as ‘TBA’ and not agreed upfront?
The subcontractor was unwilling to commit to a price given the restricted access and difficulty painting around services. We therefore agreed to capture the costs after on a daywork basis.
For your key issues – did you consider cost impact? And did this form reasoning for your decision?
Cost was of course considered, the programme requirements was prioritised which ultimately impacted the wider costs due to LAD’s.
Did building control advise on a solution to fire protect the steelwork?
Yes, they advised on using intumescent paint as per their report. However this was before they the works were complicated with surrounding MEP works.
Why did you wait until the steel was built before obtaining third party verification of the adequacy of the specified fire ratings?
We trusted the competence of our design consultant at tender stage. The fact that the fire rating was insufficient was a technical oversight, which was a lesson learnt going forward.
Did the cost of the firestopping works not factor into your assessment when advising your team that option 3 was the best option?
Yes it did, however the main priority in this situation was programme and health and safety, the fact that I was able to reduce the original cost was an added bonus to my company.
Was the three-week period to complete the works and start date from the issuance of the instruction not agreed with the Sub-Contractor prior? What surety does writing a start date of “ASAP” give you?
The 3-week programme was agreed informally and was incorporated within the instruction without objection from the subcontractor so was deemed accepted. The start on site date however was subjective and in hindsight should have been clearer. If I was to do it again, I would ensure a completion date is stated within the instruction and obtain the subcontractors commitment in formal writing where possible.
What is the significance of issuing an EWN under a JCT contract?
An early warning is not a mechanism within the JCT suite of contracts and was introduced in NEC contracts as a risk management tool. With that I mind, I feel it can only be a beneficial to both parties if used correctly. In this instance, it was not used correctly as the risk had already passed.
Can you please tell me about some of the legislation around the fire protection of steelwork in the UK?
Building regulations (approved document B)
Building Safety Act 2022 (specific to high rise buildings)
Fire Safety Act 2021 (includes all multi occupated buildings)
Can you please tell me how grenfell has changed the way the construction industry has had to adapt?
Brought in the following:
1) Prohibition of combustible materials to the external facade
2) Mandated the use of EAS’s (evacuated alert system) for over 18 metre buildings
3) Mandated the need for a secure information box for over 18 metre buildings
4) Gave occupants more of a say
5) Mandated the need for sprinkler systems in buildings above 11 metres
Knowing the works were defective, did you ever issue a defects notice and why?
No, it is the contractors responsibility to identify and rectify defects to works during the construction phase and in the rectification period. However, if the Employer identifies a defect during the rectification period, he may specify in a schedule of defects and instruct the contractor to make good. In this case, we identified the defect and made good.
