Case Study Questions Flashcards
1
Q
Can you tell me some characteristics of dry rot? What are the implications of untreated dry rot?
A
- Cuboidal and rectangular cracking
- Very brittle
- Moisture content 20 to 40 percent
- Affects masonry as well
It will grow and spread to other areas, can affect masonry and will eventually cause loss of structural strength
2
Q
For the internal tanking solution, a resin membrane was proposed to be lapped up the wall but to what height? What thickness was the SIKA membrane?
A
250mm and the SIKA membrane lapped 100mm finishing just before finished floor level.
18mm thick SIKA, each coat 6mm thick
3
Q
What is the difference between signs of rising damp, penetrating damp and condensation?
A
Condensation - more likely in winter, more likely in poorly ventilated places, black mould patches and spots, water collects on windows etc, walls appear wet.
Penetrating damp - damp patches internally and externally, black mould, discolouration, usually isolated to particular area
Rising damp - tide marks on walls up to one metre, affects lower areas on walls, salts present, disolouration
4
Q
For the case study, how did you know it was wet rot? What is the difference between dry rot and wet rot?
A
Dry rot is extensive, spreads across masonry, cuboidal cracking
5
Q
How do you treat rot?
A
Treat source, repair timber, fungicide, ventilate and monitor
6
Q
What does rising damp look like?
A
Unlikely to be dark mould, continues to 1 metre in height, lower level
7
Q
Apart from decorations, what repairs did you specify?
A
Helibar insertion to brickwork where there was cracking due to underground leak.
Timber splice repair due to weathering.
Installation of downpipe clips, trunking end caps, etc
8
Q
Why did the client select an open tendering method? What are the benefits of alternatives?
A
- Standing orders, tendering department advised to carry out open tender to increase competition and show a fair process by being open to all contractors.
- Advantages of closed tender is good reputation contractors can be selected, contractor familiar with client processes, less likely to have inaccurate tenders, simpler to analyse tenders, does not require a tender portal or advertising
9
Q
For the case study, health and safety was mentioned as a concern? Did you report any issues on site? What legislation governs H&S on construction sites?
A
Yes because the contractor had proven themselves not to be competent in other areas.
Yes I did, not wearing PPE and not an up to date scaff tag.
CDM Regs 2015
10
Q
What section of a minor works contract governs termination?
A
Section 6
11
Q
Why was a seven day notice not the preferred solution?
A
- Due to quality and progress issues wanted them off site
- Did not want to provide them with the opportunity to rectify their errors
12
Q
What is novation? Did this take place regarding the new contractor?
A
Replacing a party to an agreement with a new party
Not proceeded with because there was quality issues with contractor’s work.
13
Q
What were some conditions of termination? What were the legal documents?
A
A memorandum of Agreement was produced which both parties signed.
- Contractor to withdraw from site by end of week.
- 2.5% retention to be withheld
- LADs to be charged only for additional professional fees
- Works fairly valued by CA
- SoC taken by contractor and checked by CA
14
Q
As contract administrator should you be advising to act outside of the contract?
A
Not usually however may be in best interests of both parties. Contractor had stretched their resources and was not fulfilling their obligations and client was suffering as a result. If I advise to proceed outside of the contract there needs to be another legally enforceable contract in place, like the memorandum of agreement.
15
Q
Were you acting impartially when advising to terminate outside of the contract conditions?
A
Yes because it was in best interests of both parties. Approached both parties separately before the meeting to check this was the case.
In contractor’s best interests as they did not have the resources for the project and would have incurred significant LADs.
In client’s best interests as they had lost all confidence in the current contractor and wanted to complete the works timely and satisfactorily.
16
Q
Why was Minor Works contract selected for this the ext decs project?
A
It was requested by the client because they were familiar and comfortable with this contract. I had suggested the Intermediate Building Contract however in future I would do this more strongly.
17
Q
You note more regular inspections were required outside of your scope, did you agree this with the client?
A
Limited amount of additional inspections took place, I checked with a Partner who confirmed an additional fee was not required.
18
Q
Why did you have to proceed on an open tender basis? What are weaknesses of this method?
A
Client are a public body and their procurement department required them to proceed on open tender basis.
Experience of contractors may not be known, lowest price may be incorrectly priced when there’s that many contractors, tender analysis more complex, could lead to on site quality issues, requires a system to publicly tender.
19
Q
What were the results of the CCTV survey?
A
Drainpipe connected to the RWP immediately outside affected area was cracked causing a leak, recommended relining area of drainpipe.
20
Q
Was there no option to carry out internal and external decorations together?
A
No, both internal and external decorations took place at numerous stations and the client wanted separate contracts for both so that the projects were manageable. It was a client decision.
21
Q
You state that although the leaking rainwater pipe was the cause it did not explain the water ingress. How would you determine what was causing the water to migrate and affect the internal wall? Why was further investigations not undertaken?
A
- The drainpipe appeared to be the cause of the water ingress. However, water may have been able to migrate across due to concrete infill or cavity dropping within the cavity.
- Investigative works could have taken place where bricks are removed to determine the reason for migration. However, if the water ingress is rectified and / or the client decided to proceed with the tanking system then it would not matter if there were mortar droppings or otherwise to this area.
- If it is found there is a bridge of the cavity then it potentially would involve rebuilding an area of the wall to ensure the cavity is satisfactorily cleared, where a tanking system could just be installed to ensure no further ingress.
22
Q
How would you mitigate against exceeding client costs?
A
- Well developed contract documents
- Cost estimates and cost plans taking place
- Risk register developed
- Good communication with contractor and project team
23
Q
How were you able to evidence that the contractor was not proceeding in accordance with the contract? What documents were used to demonstrate this?
A
- Through photographs and the site reports undertaken detailing progress / operatives on site / weather / quality concerns / etc.
- Comparing works with BS8000-12:1989 and the preambles.
- Email correspondence and warnings provided to the contractor.
24
Q
Upon issuing the first seven day notice, how long would the contractor have to wait until they can terminate?
A
Seven days and if still not complying can terminate within 10 days of expiry of the seven day notice.
25
Who was responsible for producing the memorandum of agreement? Why was this required?
The contractor and client's legal advisors, I had no involvement in the drafting of a legal document.
I do not have the experience and am not covered by PI insurance to produce a bespoke legal document.
26
Why would you release a portion of the retention if there were quality issues?
As per the memorandum of agreement. Requested by the contractor, the client agreed to this because they wanted the contractor off site.
27
What did you do when you saw that operatives were not wearing the correct PPE on site?
- Immediately addressed it with them as I have a duty of care.
- Informed site manager and Principal Designer.
28
What are the repercussions of not following the contract terms for the external decorations project?
- Both parties would need to agree to work outside of the contract.
- Both parties would need to agree a means of proceeding.
- Both parties would need to be clear on the conditions.
- If not could be held liable and competence questioned.
- Provides a means of proceeding and avoids a dispute
29
How did you ensure the contractor was held to account during the end of defects period? Give an example of a defect found?
I inspected the sites with contractor and client. I agreed costs which I omitted from the remaining retention rather than the contractor return to site, as per the memorandum of agreement.
For instance, a door that had been replaced had dropped and required adjustment, a cost was deducted from the retention for this.
30
Were LADs charged? How did this work?
Yes but not at the set rate included within the contract of £500 per week but instead part thereof which was the additional professional fees incurred by the client as per the memorandum of agreement.
The project team, which included the Contract Administrator and Principal Designer, calculated the additional fees and provided evidence of hours spent to the client. The LAD fee to be deducted was then included in the memorandum of agreement. The client notified the contractor of their intention to deduct LADs and then issued a pay less notice after the final certificate was issued at least 5 days before final date for payment stating the fee which would be paid.
31
What are the different issues which could give rise to the client terminating the contract?
- Contractor wholly or substantially suspending the works without reason
- Failure to proceed regularly and diligently with the works
- Failure to proceed in accordance with Regulation 3.9 (CDM Regulations)
32
Was the OHP queried with the lowest contractor during the tender process for the case study?
- Yes, the contractor confirmed that their costs included for OHP and their rate was 15%
- They subsequently provided a breakdown, and there was not individual prices that were significantly lower but they were just very cost competitive throughout.
- I made the client aware of the OHP discussions and cost competitiveness in my tender report
33
Why would you now consider an Intermediate form of contract for the project?
- It is a more detailed contract with sections on variations and relevant events and matters.
- It has sectional completion and this would allow stations to hand over earlier, ECFRS to resume their daily activities earlier, the contractor to focus their resources to meet contractual dates and release of retention earlier.
34
Why was the final warning not used as you were near the end of the project and it was the least confrontational method?
- Relatively close to completion but still a fair amount left especially at contractor's current pace
- Warnings had previously not achieved anything
- Client was not happy with contractor's performance and did not want them on site
- No contractual warning which was required to prevent further progress and quality issues
35
How did you manage the defects rectification period with the contractor? Were there any partially complete works? Was the existing supply chain utilised?
Agreed costs with contractor to omit from retention as per memorandum of agreement.
No it was ensured that there would be no works left partially complete.
No or there could be liability complications.
36
What do you understand by the phrase ‘proceeding regularly and diligently with the works?
The obligation upon the contractor is essentially to proceed continuously, industriously and efficiently with appropriate physical resources so as to progress the works steadily towards completion substantially in accordance with the contract requirements as to time, sequence and quality of work.
37
How robust was the open tender process for the case study? Would you do it differently now?
- Requested qualifications such as ConstructionOnline and CHAS.
- Client undertook financial checks
- Qualitative questions
No matter how robust the process is, the negative of open tender is that if you do not have experience of a contractor you will not truly know until you are on site. I would not proceed with open tender for this project if possible due to the client's particular requirements.
38
Are you aware of any guidance documents for termination? What suite of RICS documents would you find this guidance note?
Termination of Contract, Corporate Recovery and Insolvency, 1st edition.
Within RICS Black Book
39
Why wouldn’t you opt for open tender?
- Selective means more likely to have a good quality service.
- Selective means more likely to have a contractor that understands the client requirements.
- More likely to need technology and portal for open tendering.
- More difficult to analyse tender returns.
40
For the case study, were there are other members of the project team? Why wasn’t an architect/structural engineer/Clerk of Works/etc required?
No, there was only the Contract Administrator and Principal Designer.
As Contract Administrator, I undertook regular inspections to monitor progress and quality, given size and scale of the project a CoW was not required.
Given the nature of works were to decorate previously decorated surfaces and undertake some isolated repairs an architect and structural engineer was not required.
41
Who fulfilled the role of QS under the contract for the case study?
I performed the role of QS and undertook monthly valuations.
42
What does WME stand for? How is it calculated?
WME is a scale of measuring moisture content in materials as if they were wood. It is calculated by the moisture meter, however there are also charts that can be used from a reliable source online.
43
Talk me through the investigation of the wet rot?
- Observed and soft and spongy.
- Took moisture readings and in excess of 40%
- Observed internally and externally and saw ground level was high and RWP outside
- Recommended the client urgently undertake a CCTV survey and trial pit
- CCTV survey found leaking drainpipe and recommended relining
- Trial pit found no external tanking system installed even though external ground level was higher
- Led me to the three considerations I made accordingly
44
What was the most extensive and the longest option for the wet rot remedial works?
Option 3 the resin membrane and sika waterproof render system installation because of curing times. Resin installed first and cures in a day and then sika installed and can take several days to cure.
45
Why could daily activities not resume at the stations under the minor works contract?
Site set up and heras fencing had restricted the space, focusing the contractors resources on key dates would have meant earlier completion at the station and removal of site set up.
46
What is the difference between lead surveyor and CA?
Lead Surveyor - essentially project manager services from onset to completion.
Contract administrator - To administer the contract conditions as per the JCT contract and role commences at start on site.
47
What are the different types of procurement?
Traditional, D&B, Management Contracting and Construction Management
48
Explain some different types of repair that was undertaken during the project?
Timber splice repairs
Helibar insertion to brickwork
Bracket insertion to downpipe
49
Why was a seven day notice not issued earlier?
- Only should be issued as a last resort and should not be issued lightly.
- Could damage the relationship and at first wanted to give contractor chance to improve without a seven day notice being issued.
- Contractor firstly gave reassurances they would improve and did so for a period.
- Became clear that there were still progress and quality issues but before issuing the seven day notice I held a meeting with the client who confirmed they would consider negotiating termination.
- In hindsight may have been better option, but did not want to act rashly and wanted the contract to succeed.
50
Describe the exact specification of the externally tanked system
- Making good wall
- Bituthene primer
- Bithuthene waterproof membrane
- Bitustik patches
- GCP protection boards
- Bituthene liquid membrane
51
Describe the exact specification of the internally tanked system
5mm thick resin membrane installed to affected floor approx. 300mm along slab and 250mm up wall. 75mm overlap and SIKA render 12mm thick comprising bonding coat, render mortar and finishing mortar to full height of wall.
52
What areas did the externally tanked system extend to?
It extended along the wall where the ground level was higher than internal floor level, it was only to this one area.
53
How did you know the build up on the cavity wall for the case study?
- The sketches are indicative of the wall build up from that time.
- Measured the wall width from an opening
- Brick stretcher bond wall
54
How did you know the fire station was constructed in the 1960s?
Low pitched roof, single pane windows, cast iron downpipes, cavity wall, asbestos detected, wallpaper, open plan kitchen.
55
How did you determine the cost and duration implications of the different methods for the case study?
Speaking with the manufacturers, speaking with the contractor, using my own experience and reviewing Spons.
56
Why did Helibar have to be inserted?
Required at station as underground pipe had caused heave, which had led to cracks wider than hairline. Helibar inserted to ensure the cracks did not widen further.
57
What are the different terms under which a contract can be terminated for a contractor?
- Failing to proceed regularly and diligently
- Failure to comply with clause 3.7 CDM Regs
- Wholly or substantially suspending the works without good reason
58
What is a drill tower?
A brick built or metal structure that firefighters use for training.
59
Was the project notifiable? Who did you notify?
No because it did not exceed 500 person working days or at least 20 people on site at any one time and a duration of over 30 days. The PD would have had to notify HSE.
60
What were the client’s main objectives for the case study?
- Redecorate previously painted external surfaces and specify other decorations and repairs as necessary.
- Prioritise health and safety of operatives / fire service staff.
- Do not exceed the overall budget for the project.
- Ensure the fire service can carry out their daily duties without disruption.
61
At what stage do you provide your fee proposal and what does it include?
After the client briefing has taken place and any clarifications made. It includes the introduction, scope of services, fee breakdown, PII and terms and conditions of engagement
62
What was included in your tender documents for the case study?
- ITT
- Form of tender
- Covering letter
-Schedule of works and appendices including dwgs
- PCI and appendices
63
Did you ever speak to station managers or site foreman directly?
Yes checked to see if station manager had any comments or concerns. Spoke to site foreman during site visits.
64
What are the pros and cons of an open tender? what would you recommend instead?
Open tender means increased competition, provides opportunity to different contractors, can quickly advertise and issue on an online portal, cannot be argued that tender process was unfair towards a contractor, cheapest price obtained.
However it means that contractor may not be known, may not be familiar with client requirements, may not perform to the quality standards expected, requires an online system, lengthy tender process.
I would recommend a selective tender process.
65
How did you advise for that contractor to be appointed?
Through tendering the project, analysing and producing a tender report which will ultimately recommend a contractor.
66
Why did you recommend that contractor if you were concerned they had not allowed for their overheads and profit?
- I was originally concerned because they had stated included but were very cost competitive throughout.
- In my tender queries I requested they confirm their OH&P rate and whether it had been included within their rates.
- They stated it was then provided an updated priced SoW which separated their OH&P.
- It showed that they were very cost competitive across the board, rather than particularly low in one area.
67
When did you first notice delays? Why didnt you issue a seven day notice then?
First noticed delays relatively early on, addressed with contractor who confirmed they would undertake improvements and did so however this did not last. Seven day notice should only be issued if there’s no other option and it had been hoped the project would succeed.
68
Had the client already started deducting LADs before the agreement was reached?
No LADs had been deducted up to this point. Therefore the LAD amount was deducted from the final account sum as agreed in the Memorandum of Agreement.
69
How were LADs dealt with?
Omitted from the final account figure as agreed in the Memorandum of Agreement. Project team professional fees calculated and omitted rather than pre determined rate which was higher.
70
What was the main factors behind the delays?
Contractor wasnt sufficiently coordinating works and had inadequate resource and was not managing the works sufficiently on site, plus also quality issues which contractor had to rectify.
71
Should you have acted outside of your scope of service?
I was acting in accordance with my scope of service but just made meetings and inspections more regular than previous. I checked with a line manager before undertaking this who confirmed for a couple of additional meetings and inspections an additional fee would not need to be raised.
72
How did you know for certain it was wet rot?
- Isolated area
- Soft and spongy, not brittle
- Excess 40% moisture content.
73
How did you know for certain it was penetrating damp?
I knew for certain due to its features, was a relatively isolated area that had the start of mould growth and client confirmed it had grown in size. Was not spotting as you would see with condensation and did not have tide marks 1-1.5m up the wall as with rising damp.
74
What is the difference between wet rot and dry rot?
- Touch - Soft and spongy v brittle and cuboidal cracking
- Moisture readings - over 40% vs 20-40%
- Extent - Fairly isolated or spreads quickly and to masonry
75
What is the main cause of rot?
Water source and inadequate ventilation.
76
What investigations did you recommend the client to undertake?
- Investigate whether the drainpipe and rainwater pipe was in satisfactory condition by enagaging a specialist and a cctv survey being undertaken.
- Investigate presence of external tanking system by digging a trial pit to that area.
77
What may have caused the water to migrate across the cavity?
- Concrete infill
- Mortar droppings
- Item bridging the cavity
78
Why did the external or internal tanking have to take place?
- The client required a guaranteed waterproofing measure and did not want to undertake any further remedial works.
- I advised them that option 1 may solve the issue but if they wanted a definite long term belt and braces measure then to proceed with option 2.
79
How does boron prevent rot?
The presence of boron disrupts the cellular production of enzymes that allow the fungi to extract nutrients from the wood.
80
What is a stain block? Does this prevent water ingress?
It does not prevent water ingress but conceals any stains. It is a primer product which hides imperfections.
81
For key issue one and option 2, why is the ground excavated to the top of the existing foundations?
To enable access to lap the membrane over the top of the existing foundations to make certain that water cannot migrate across through the foundations.
82
What is the purpose of the bituthene liquid membrane?
Used for detailing as a water stop fillet to ensure water runs away from the wall and that all gaps are covered.
83
To what height would the resin membrane be lapped up the internal wall?
250mm lapped up the wall with a 75mm overlap with the Sika render.
84
Will the resin membrane overlap the render system?
Yes there will be approximately a 100mm overlap with the resin membrane then the render system overleaf.
85
Can the resin and render be applied directly to brickwork? What preparation is required?
For the resin membrane strip floor finish and ensure clean and prepared surface in accordance with manufacturer’s guidance.
For the Sika render again ensure the surface is clean and prepared in accordance with manufacturer’s guidance, then apply the Sika render with firstly the bonding coat.
86
How did you know the size of the cavity and build up of the wall?
- Stretcher bond
- Construction and age of building
- Thickness of wall at openings
- Indicative dwg only for certainty would need to open up
87
Would the internal tanking or external tanking have a longer duration?
Internal tanking system would take longer because of the curing time of the resin and then the render system whereas the external tanking system will be shorter but still have excavation and installation times.
88
What is the most cost effective and least cost effective option for the case study key issue 1?
Bituthene due to excavation and installation to the external wall.
Internal works slightly cheaper but still expensive due to installation of resin membrane and Sika render system.
Cheapest is to rectify the drainpipe, monitor and undertake the remedial repairs.
89
What other safety features should be considered when excavating?
- Angle of repose or temporary support.
- Method statement to ensure carried out effectively.
90
Are the tanking works now complete?
The client ended up repairing the drainpipe, monitoring and carrying out remedial work internally. They confirmed they will be undertaking the external tanking system works shortly.
91
Why did the client want a more full proof option for the case study?
Was desired by the client because they did not want to repair the area again and wanted to spend their budget before the next financial year and thus requested we proceed with the belt and braces approach.
92
How were the preambles not being followed?
- There was inadequate preparation, for example sanding down to door not adequate leaving rough finish.
- Not undercoating and thus patchy decorations.
- Repairs to timber door untidy and not meeting the quality standards and flush finish.
93
What section is termination under minor works? Under what clause would you seek termination?
Section 6
6.4.1.2 for the case study, fails to proceed regularly and diligently with the works
94
What is the RICS guidance for termination of contract?
Termination of Contract, Corporate Recovery and Insolvency 1st Ed 2013
95
Why would you not issue only one seven day notice?
They can comply within the seven days and then stop complying afterwards and the client wouldn't have the opportunity to instantly terminate.
A seven day notice would be able to be issued again because the contractor would still not be making the completion date even after the seven days.
96
Can you terminate as soon as you have issued a seven day notice? What are the timescales?
No, if the contractor complies within seven days then cannot terminate. If does not comply, can terminate within 10 days of expiry of notice.
97
Who produced the memorandum of agreement?
Legal advisors of both parties, I had no role in the production of the memorandum of agreement.
98
How close was the contractor to completion before terminating?
The contractor was relatively close to completion, works were underway to the final phase of stations. However, given the speed at which the contractor was undertaking works they were still weeks from completion.
99
What are the implications of another contractor completing the works for the case study?
- It may lead to further costs, as things such as access and decorations to areas may need to occur again.
- It will either need to be retendered or another contractor will have to be negotiated with to complete the works.
- Liability issues so it needs to be clear what works was completed by the original contractor.
100
How did you approach termination with the contractor?
It was clear for some time the contractor was as committed to the contract as they should have been. I approached the situation delicately and had a open conversation to explore if the contractor wanted to terminate if there was an agreement in place. Once they confirmed they were open to this I held a meeting with both parties to discuss terms.
101
What were the additional professional fees for the case study?
Circa £3,500 which was far lower than the £500 per week or part thereof.
102
For the case study, how did you remain impartial throughout? Did the contractor want to terminate?
I engaged both parties prior to negotiations to see if they were open to discussions. It was in the best interests of both parties as the contractor had taken on too much work and the client was not satisfied with contractor performance. Both parties wanted a fair conclusion to the contract which was achieved.
103
For the case study, what requirements did the contractor not abide by?
- They did not act in accordance with their programme and did not issue droplines or revised programmes. The operatives on site did not match what they had stated in the PCM.
- They did not meet the quality standards and did not act in accordance with the preambles and BS8000:12-1989. They did not sand down doors and prime before applying the undercoats and finishing coats. Decorations were also appearing patchy to areas.
104
How can fungi and mould pose a H&S risk?
It can trigger nasal congestion, sneezing, cough, wheeze, respiratory infections and worsen asthma and allergic conditions.
105
What did you take note of during your quality and progress reports? What different sections were included in your reports?
- Description of work undertaken
- Weather conditions
- Operatives on site
- Progress percentages at each station
- Quality issues raised and responses
- Photos
106
What other tender choices did the client have?
Selective or negotiated.
107
Why is Intermediate preferable over Minor Works for this project? Would it have changed the outcome?
It would have allowed for sectional completion which would have meant stations hand over earlier, it would have focused contractor's resources on key dates and allowed activities to resume at stations earlier. It is also a more developed contract that list relevant events and matters and has a variations section.
It would not have changed the outcome, termination was ultimately caused because of the contractor's incompetence.
108
What are the main differences between minor works and intermediate contracts?
- Intermediate Building Contract more developed
- Has additional sections such as variations and warranties
- Allows for sectional completion
- Considers different relevant events and matters
109
Why did you not issue a seven day notice earlier? Could this have changed the outcome?
- Never commence a project wanting to terminate and its a last resort.
- Fine balance as don't want to worsen relations between parties if there's a way to work through the issues.
- Warned contractor and saw improvements for a brief period.
- Gradually similar errors and by then client wanted to then instantly terminate so meeting held.
- Issuing a seven day notice earlier may have led to earlier termination, however if it was issued contractor may have complied with instructions and then another seven day notice would have had to be issued to ensure compliance again.
110
What form of contract was selected? Was another form of contract considered?
The JCT Minor Works Building Contract was proceeded with, the Intermediate Building Contract was recommended but the client was not as familiar and comfortable with this type of contract. In future I will more strongly recommend this contract.
111
What was the room where you found the dampness used for?
A corridor used regularly for providing access to other rooms.
112
What was the extent of the dampness? Did this affect the repair specification?
- Isolated to low level skirting and wall over a metre in length.
- No because the client's preference was for long term guaranteed protection and therefore the Bituthene would have still been installed.
113
For the case study, was there evidence to suggest the external wall was always wet? If the cause of the water ingress was a direct result of the leaking pipe, was a repair required?
There was not evidence to suggest the wall was wet elsewhere. It seemed highly probable that the leaking drainpipe had caused the water ingress, however monitoring was recommended to confirm this once the leak was rectified. However, the client wanted work to be undertaken to provide a belt and braces approach and ensure there would be no further ingress to this area in the distant future, which is why I recommended the external tanking membrane.
114
In addition to the options you have described for key issue one, were there any other proposals considered?
I considered for permanent excavation (and possibly implementing a french drain) to take place to the area and would involve excavating with permanent support or at the angle of repose. It was deemed not aesthetically pleasing and there was a path to that area so it would have not been appropriate to permanently excavate there.
115
Why did you not proceed with a cavity tray with a sump installed for key issue one?
Very costly measure as would need to install the sump and connect to a designated drainage area. Also would require further excavation.
The external tanking system seemed for cost effective and appropriate for preventing water ingress.
116
Why did you not proceed with excavating and installing a permanent gap externally to the building for the case study?
Would need a permanent retaining structure which would have high costs, otherwise angle of repose however people use area to access building, not aesthetically pleasing and slope not desired.
117
How did you reassure your client that there would be longevity in the product you were specifying and that they would not have to do the works again in 2-3 years? Was the client provided with any documents on completion of either damp proofing work option?
I assured longevity because both the Bituthene waterproof membrane system and SIKA waterproof render system installed in accordance with manufacturers instructions would offer a lengthy guarantee. The manufacturer confirmed a guarantee should be provided by the installer.
118
What was the cost difference between internal or external tanking?
The external tanking option was slightly more expensive however both options were costly compared to option 1.
119
What specific preambles were not being followed?
- Not cleaning and sanding down sufficiently.
- Not undercoating sufficiently.
- Not repairing doors satisfactorily.
120
What does the contract say in relation to termination?
A seven day notice should be served and if the contractor fails to comply the client can then terminate the contract within 10 days.
121
What is the procedure for termination?
Notify that a party is not complying and if they continue to do so, issue a seven day notice with set instructions. If they do not comply with that notice within seven days then there is then ten days from the ending of that notice for the other party to confirm that they wish to terminate the contract.
122
What is a memorandum agreement, what does the contract say?
An MOA is a legal document describing a business partnership between two parties that have agreed to cooperate to meet an agreed objective or complete a project. It was an agreement made with legal assistance outside of the contract terms.
123
Why withhold 2.5% retention, why not 5% for the case study?
Detailed within the Memorandum of Agreement, as part of the arrangement the contractor wanted only 2.5% retention to be withheld and the client compromised as they wanted the contractor off site.
124
How long will the internal tanking system take to install?
Sovereign Epoxy Damp Proof Membrane will take one day to install and cure.
Sika waterproof render system must be kept moist for a 7 day period after final application to stop drying out and reduce cracking.
125
For the case study if there were concerns over allowance for contractors OH&P why did you still recommend them?
They were not particularly low in one area, they were just cost competitive across the board.
OH&P had been included within their pricing. I queried with the contractor whether they had allowed sufficiently and they confirmed that they had using a rate of 15% and separated OHP from rates.
I therefore recommended that contractor but made client aware of query.
126
Were any LADs charged prior to termination? Who determines how much to charge?
LADs were not charged as it is the client’s responsibility to charge LADs at the set rate in the SoW or part thereof after I issued the non completion certificate.
It was agreed at termination as part of the memorandum of agreement that LADs would be charged as part thereof to cover the additional design fees the client had paid for.
127
What was the cause of the cracking when the helibar was inserted?
The crack was caused by a historic underground drain leaking as informed by the client causing heave, the drain was previously repaired and helibar inserted to the brickwork to repair the cracking
128
What are the three contractor defaults listed for minor works?
- without reasonable cause wholly or substantially suspends the carrying out of the works
- fails to proceed regularly and diligently with the works
- fails to comply with clause 3.9 (CDM Regulations)
129
For the case study why did you recommend JCT rather than another contract such as NEC?
- Transfers / apportions risk and all parties are aware of roles, needed since working with new contractor.
- Familiar and comfortable with JCT, little experience in NEC. Property services department policy to proceed with JCT.
- JCT allows for provisional sums and there were some works where the extent was not fully known, e.g. - to drill towers.
- Less administrative work in reviewing programme and the like, therefore lower fees paid to CA.
130
For key issue one, what are some typical defects that affect cavity walls?
- Cavity wall tie corrosion
- Water ingress
- Interstitial condensation
- Poorly filled insulation
- Inadequate ventilation
- Rendering defects
- Strength and stability
131
Do you think option 1 was viable given it did not involve a tanking option?
It was apparent that the leaking drainpipe was the source of the water ingress and therefore rectification would likely prevent worsening.
I would ensure a heater and dehumidifier would be used to draw out the water then the area remedially repaired.
132
For key issue one and option 2, what height was the waterproof membrane installed to?
150mm above ground level.
133
For key issue one, for the external tanking option would it have been effective if there was trapped moisture within the cavity?
I specified to firstly rectify the pipe leaking, then to install heaters internally to draw the moisture to the wall and dehumidifiers to then remove that water. I would have then repaired internally and then installed the external membrane.
134
For key issue one, you said a trial pit was dug, was any ground water identified?
No ground water was identified, there was originally concern that it could have been due to a water table rise.
135
For key issue one, what drainpipe repairs were specified?
Reline with an epoxy resin in accordance with CCTV survey.
136
For key issue one, what drainpipe repairs were specified?
Epoxy resin repairs to the drainpipe.
137
For key issue one, was this the first time this had occurred? What was your client’s budget for the project?
The client confirmed there had not been any previous occurrences that they knew of. The client confirmed that they had a flexible budget because they had to spend budgeted money by a certain time and by end of financial year and they were not sure if they would have the same budget next year.
138
For key issue one, did you consider investigating the cavity itself? Could this leak have caused underlying defects in the cavity ie defective cavity ties?
The effects of the water ingress had only been there for roughly a week as confirmed by the client. With hindsight I would have specified to open up a small area and investigate to check there were no underlying defects to the cavity.
139
Did an alternative contractor complete the works?
They undertook the repairs, however the tanking option has not been undertaken and it is now understood the client is undertaking this separately.
140
How did you determine that there was not a defect with the window which was causing the water ingress?
Visual inspection suggested it was not the window. The area affected by the water ingress was at a lower level and to the right of the window. The window appeared to be satisfactory on inspection and the drainpipe was more likely given the close proximity.
141
What is the angle of repose?
Angle between horizontal surface and sloping surface. Clay is 25 to 40 degrees.
142
How do you prepare the surface prior to installing the Bituthene membrane?
Wash and clean the wall. Apply the bituthene primer. Undertake works in accordance with manufacturer's guidance.
143
How did you select the Bituthene membrane?
- Previous project experience.
- Guarantee would be obtained if approved installer.
- Reviewed projects in price range and meet quality standards.
144
How long was the section of wall where it was proposed that the tanking system be installed to?
Approximately 7 metres.
145
Why was there raised ground to that area? Could you have excavated?
It was used as an external access and pathway and landscaping. There was no clear purpose as to why that area was higher.
Angle of repose excavation would have been unsightly and impractical given pathway. Permanent excavation would require support and would lead to a gap which debris and water could build up in.
146
Did you suggest to proceed with the Intermediate Building Contract originally?
Yes I did and I explained the benefits. The client was adamant that they wished to proceed with the Minor Works contract because they were familiar and comfortable with this contract.
147
How did you measure moisture into the wall? How did you obtain an accurate moisture reading given it is not wood?
- I measured the moisture content 30mm inside the wall by using a moisture meter on pinless mode.
- The moisture reading converts the reading undertaken and provides a Wood Moisture Equivalent reading.
148
Why were 12 contractors able to tender for the project? Would you have restrictions in future?
- The client wanted an open tender and to give all contractors an opportunity.
- An arithmetical check was undertaken before the highest 8 contractors were dismissed.
- I would only ensure a limit if there were a very large number tendering which is unlikely given there are only so many contractors in the area.
149
How did you decide on the type of contract you proceeded with?
Through experience, my understanding of contracts and the JCT tendering practice note 2017.
150
What was the overall contract length? When was the contract terminated?
20 week contract. Discussions for termination started approx. 8 weeks after exceeding the completion date and were complete 4 weeks after, including valuation, etc.
Contract commenced April, August completion not met, termination discussions began October and completed November.
151
Were the wet rot services covered under your scope? How did you deal with this?
No it wasnt, but it was included within the scope to undertake regular inspections. I spoke to my line manager who confirmed I could proceed with the inspection of the internal area at no additional cost but to make the client aware it was outside of our scope.
152
What is a boroscope? How would you use it in this situation?
A borescope is an optical instrument designed to assist visual inspection of narrow area. I would insert a boroscope through the mortar externally to view the cavity void.
153
Did the contractor exceed the completion date? How did you deal with this?
- I issued a certificate of non completion, even though this is not a contractual requirement under the minor works contract.
- I did not issue an extension of time as the delays were not a relevant event and a memorandum of agreement was made.
154
How did you deal with the latent defect period under the contractually terminated agreement?
- It was agreed in the memorandum of agreement that there would be a latent defect period for the existing works.
- A schedule of condition would record the existing works that had been undertaken by the current contractor.
155
What were the actual costs in comparison to the overall contract sum?
£140k project. External works recommended estimated to be circa 10k.
156
How did you warn the contractor that they were not proceeding regularly?
- Minuted meetings
- Emailed concerns
- Detailed in inspection reports
157
What are impacts of the project overrunning?
- Project team costs
- Client still doesnt have space to resume activities
- Client has limited surveyors and cannot move on to other projects
- Time is at large (no enforceable date for completion, and the contractor then only has an implied obligation to complete the works within a 'reasonable time')
158
When did the new rules of conduct comes into force?
2 February 2022
159
Is there a conflict between calfordseaden LLP acting as CA and calfordseaden Heath and Safety Limited acting as PD?
No, they are separate companies and acting as CA would not necessarily impact ability to act as PD.
160
What is sectional completion? How does it differ to partial possession?
- Sectional completion refers to a provision within construction contracts allowing different completion dates for different sections of the works.
- Sectional completion differs from partial possession in that it is pre-planned and defined in the contract documents, whereas partial possession occurs if there is pressure from the client to occupy part of a building.
161
What is a collateral warranty?
Collateral warranties are agreements that are associated with another 'primary' contract. They provide for a duty of care to be extended by one of the contracting parties to a third party who is not party to the original contract.
162
How do you deal with an urgent verbal instruction?
- Provide on site and record date and time.
- Confirm via email once back in office.
- Include in site report if possible.
- Issue formal contract instruction as soon as possible.
163
How did you deal with the extension of time for the case study project?
Under the JCT Minor Works contract there is no provision for relevant events and matters and it is for the contract administrator to decide accordingly, therefore I determined that they were not required to an extension after reviewing the contractors application and still issued a certificate of non completion as best practise.
164
What is the difference between a guarantee and a warranty for a project?
Guarantees are more or less verbal promises whereas most warranties are written contractual agreements that are more legally binding to protect both parties. Warranties are usually paid for whereas guarantees are not.
165
If sectional completion was not selected, what other option could you proceed with to ensure an earlier handover?
Partial Possession
166
Why did you not use a Speedy carbide meter?
Its intrusive and involves a drilled sample.
167
Did you have to consider any building regulations for the project? Was an approved inspector appointed?
No an approved inspector was not required.
FENSA certification was required for the door to meet part q and part m. Part c was also considered for the tanking systems.
168
You mention that the lowest tenderer won the works, was there anything else considered prior to recommending your client to proceed with them?
- Qualitative questions
- Time, cost, quality
169
Did you not consider approaching the current contractor to undertake the works? This may have been a cheaper option for the client and due to the nature of works may not have affected programme?
- Was not simplistic works relative to the nature of the project
- By this point the contractor was not performing well and the client did not want to add to their overall scope.
170
I assume there was scaffolding erected for the works? How did you deal with this?
- It was agreed by both parties due the valuation that the contractor would be paid a percentage in accordance with the percentage that works were complete to the drill tower.
- The scaffold would then be struck rather than continue to have the contractors involvement for the project.
171
What are the considerations that should be made when applying a bituthene waterproof membrane?
Ensuring that no water is trapped in the cavity and not causing any further issues.
172
What is the Bituthene membrane guarantee?
30 years when installed in accordance with the manufacturers guidance
173
How long was the rectification period? Why did you set this?
12 months.
- Due to the nature of the project meaning it may take some months for painting and repair defects to become visible.
- Due to the amount of stations meaning that may take some time for station managers to report defects.
174
What were the insurances under the contract?
5.4A - Joint Names Insurance of the Works by Contractor.
5.4B - Joint Names Insurance of the Works and existing structures by the Employer. - Proceeded with!
5.4C - Insurance of the Works and existing structures by other means.
175
What decorations were applied to the steel? Were there any deleterious materials used to the metal structure? How would you remove this?
Coo var rust converter and Hammerite Smooth metal paint.
No it was steel and there was no lead paint previously applied as per the H&S file.
In accordance with HSE, undertake removal using RPE, wear overalls, washing and breaks.
176
Why didnt you just excavate the area for key issue one?
If excavating would be inviting water towards the building and then would ensure it could sufficiently drain away which would be expensive.
177
How did you deal with vehicular movements for the contract?
- Contractor traffic management plan
- Restricted delivery times
- PCI noted hazard and areas that vehicles should not access.
178
What did you refer to for the boundaries to the site?
- Land registry
- Site plans provided by client and appended to SoW
179
What do you understand by the term value for money?
When a client has received a service which was worth the money they paid for it.
180
Can you provide an idea of costs between the different options?
Didn't obtain exact cost but contractor gave an indication after speaking to subcontractors that:
Option 1 - Under £2,000 (including dehumidifiers)
Option 2 - Under £10,000
Option 3 - Under £13,000
181
How do you ensure sufficient application for the Bituthene Waterproof membrane?
- Remove of contaminants and loose aggregate
- Thoroughly clean
- Apply bituthene primer
182
How did you consider risks for the case study?
PD produced PCI and H&S risk tracker and I commented on this as I had responsibility for design.
