Work Progress and Quality Management

Question 1

What is the legal guidance for inspection of construction work?

Answer 1

Case Law: McGlinn v Waltham Contractors 2007.

Principles set out for inspection:

1. the frequency and duration of inspections should be tailored to the nature of works
2. depending on the importance of an element of the works, the architect may instruct the contractor not to cover it up until after inspection; this was unlikely to occur in most cases as the architect should have timed inspections so as to avoid affecting the progress of those works

3.the fact that work is covered up during inspections was not automatically a defence to allegations of a failure to inspect, as the work’s importance and the architect’s reasonable contemplation of works being carried out needed to be taken into account

4.a reasonable inspection does not need the architect to examine every matter in detail.

Question 2

Plantation - What were the unforeseen structural alterations that affected the project’s timeline?

Answer 2

Further opening up of the structure identified concerns, a structural engineer reviewed on site and specified additional steel beams.

Question 3

Plantation - How did you identify the discrepancies between the work progress on site and the contractor’s programme?

Answer 3

It was clear the contractor was missing key milestones on the programme. When I attended site I checked the programme dates and the work on site.

Question 4

Plantation - Can you describe the rationale behind identifying tasks that could be conducted simultaneously to reduce delays?

Answer 4

The project involved an extension and refurbishment of the existing school. The refurbishment side of the school could progress quicker by accelerating works.

Question 5

Plantation - What did you do on the completion date when the contractor did not finish?

Answer 5

Issued a certificate of non completion.

Question 6

Plantation - How did you document non-completion?

Answer 6

Issued a certificate of non completion.

Question 7

Newleaf - Why was the issue not picked up much earlier?

Answer 7

Due to the wet weather the primer layer thickness was not achieved to a small number of sandstone plinths and railings and was compromised. Unknown to the contractor they then began to apply the paint.

Question 8

Newleaf - What steps did you take to notify the client about the quality issues?

Answer 8

Verbally
Shared findings
Confirmed resolution and reassurance
Offered a site walk

Question 9

Newleaf - What specific instructions or recommendations did you provide to the contractor?

Answer 9

Issued a schedule of defects and photographic schedule including specification managers report.

Question 10

Newleaf - Were there any contractual or legal implications associated with the non-adherence?

Answer 10

JCT clause 2.10 Defects
Contractor to make good within the rectification period at their own expense.

Question 11

Newleaf - What measures did you implement to prevent similar quality issues from occurring in future?

Answer 11

Complete external decoration work in the summer period.

Question 12

Newleaf - Did you follow up with the contractor to ensure that the identified quality issues were properly addressed?

Answer 12

Site walk around took place and additional site inspections to ensure quality of work.

Question 13

How often should you inspect works on site?

Answer 13

the frequency and duration of inspections should be tailored to the nature of works

Question 14

What part of the RICS Technical due diligence of commercial property professional standard relates to work progress and quality management?

Answer 14

3.5 Development: The role of a TDD process, as part of a development or significant refurbishment work
feasibility, is to establish the potential risks, opportunities and viability of the development
project.
Input from specialists will be required to provide comprehensive advice to a client, and this
advice should be reviewed, analysed and compiled into a report providing the client with a
summary of the key issues to be considered through the development process.
Clients may subsequently instruct the RICS member or RICS-regulated firm to project
monitor or act as their client representative for the development. This could extend to the
review of the design, specification and plans, and monitoring the works against agreed
contracts as they proceed. This is common where a client enters into an agreement to fund,
purchase or lease a development that has yet to be built or redeveloped.