Docstoc

Explanation

Document Sample
Explanation Powered By Docstoc
					                                                       APPENDIX B

ON THE MATTER OF OUTSTANDING WORKS, DEFECENCIES
AND DEFECTS




Explanation




Prepared by:   A. Bailey,


               F.C.I.O.B, F.Inst.C.E.S, M.R.I.C.S, M.A.P.M.




               alan.bailey@scottish.parliament.uk




April 2005




                                                                    1
CONTENTS

1   Introduction                     3
2   Contractor Responsible Works     5
3   Design Team Responsible Works.   6
4   Client Responsible Works         8
5   Conclusion                       9




                                     2
1     Introduction

1.1   It is apparent that the Scottish Parliament building now having been occupied
      for some months is still being subjected to ongoing work by various
      contractors.


1.2   This short note attempts to identify and explain the reasons for these works
      and intimate the options available to the Client for management of further
      works.


1.3   The ongoing works are considered under the following headings;


               Contractor Responsible Works


                     Complete outstanding Trade Contract works.


                     Remedy Trade Contract works, snagging.


                     Remedy Trade Contract works, design and or construction
                     malfunctions.


               Design Team Responsible Works


                     Remedy design deficiencies.


                     Achieve Building Control approval.


                     Achieve Access Strategy Document demands.


               Client Responsible Works


                     Change approved as constructed details.


                     New works instructions.


1.4   It is acknowledged that each matter may not fall exactly into the
      aforementioned headings and that there will be shades of grey. Therefore




                                                                                     3
      each matter not falling squarely into one of the aforementioned categories
      should be individually examined and apportioned as appropriate.


1.5   Within each heading there will be cost responsibilities that should be clearly
      understood and faced up to, by all Parties involved in the ongoing works.




                                                                                       4
2     Contractor Responsible Works

2.1   Complete outstanding Trade Contract works.


             With the proviso that there was not an act of prevention by the Client,
             his Designers and or other Trade Contractors, then these works should
             be executed by the Trade Contractor at no additional cost to the Client.


2.2   Remedy Trade Contract works, snagging.


             With the proviso that the snagging was not caused by the occupation
             of the building by the Client, then these works should be executed by
             the Trade Contractor at no additional cost to the Client.


2.3   Remedy Trade Contractor works, design and or construction
      malfunctions


             These works should be executed by the Trade Contractor at no
             additional cost to the Client.


2.4   The Construction Manager’s costs incurred in supervising and or providing
      support to the Trade Contractor in rectification of these Trade Contractor
      responsible defaults should not be charged to the Client.


2.5   It is essential that these matters are clearly identified and managed in their
      respective category by the Construction Manger.




                                                                                       5
3     Design Team Responsible Works.

3.1   Remedy Design Deficiencies


            If the as built Design of the Works fails to comply with the Specification
            and Fit for Purpose demands, Statues, Health and Safety matters and
            minimum requirements such as lighting and these deficiencies need to
            be addressed, the following should be considered.


            Had the Design incorporated these matters then the Client would have
            born the cost of incorporating them into the works during the
            construction phase.


            The Client should not pay any additional cost of incorporating these
            Design deficiencies into the Works, after completion of the construction
            phase. However in order that these matters can be resolved the co-
            operation of the Trade Contractors is essential to execute the work;
            the Client will have to reimburse the Trade Contractor and seek
            redress from the Designer.


3.2   Achieve Building Regulation Standards


            The Design of the Works should have taken into account the demands
            of Building Regulation Standards.


            Had the Design incorporated these matters then the Client would have
            born the cost of incorporating them into the works during the
            construction phase.


            The Client should not pay any additional cost of incorporating these
            demands into the Works after completion of the construction phase.
            However in order that these matters can be resolved the co-operation
            of the Trade Contractors is essential to execute the work; the Client
            will have to reimburse the Trade Contractor and seek redress from the
            Designer.



                                                                                    6
3.3   Achieve Access Strategy Demands


           The Design of the Works should have provided access for long term
           care and maintenance by the Client.


           Had the Design incorporated these items then the Client would have
           born the cost of incorporating them into the works during the
           construction phase.


           The Client should not pay the additional cost of incorporating these
           demands into the works after completion of the construction phase.
           However in order that these matters can be resolved the co-operation
           of the Trade Contractors is essential to execute the work; The Client
           will have to reimburse the Trade Contractor and seek redress from the
           Designer.




                                                                               7
4     Client Responsible Works

4.1   Change approved as constructed details


            If the Client instructs a change to the approved as constructed detail
            and the change is not subject to any of the aforementioned deficiencies
            on the part of others, then the Client will be liable to pay for the
            instructed work.


4.2   New works instructions


            If the Client instructs new works then the Client will be liable to pay for
            the additional work.




                                                                                     8
5     Conclusion

5.1   It is readily apparent from the foregoing that each item of work undertaken
      should be categorised into one of the identified causes.


5.2   By identification against one of the causes the liability and potential redress
      will be identified.


5.3   The Construction Manager should be administering this process to ensure that
      his Client pays the proper sums due and is in the position to seek the
      appropriate redress.


5.4   It should be remembered that in this Construction Management Contract the
      Client is in separate Contract with the Construction Manager, each Design
      team member and each Trade Contractor. Therefore the correct contract route
      in respect of payment and redress always flows through the Client.


5.5   On the matter of redress each Contract should be examined to establish the
      notice demands and these should be adhered to as a matter of course.


5.6   It is reiterated that recovery of monies by the Client will in effect be the nett
      additional cost of executing the work after completion of the construction
      phase.


      Also note that the recovery of sums by the Client may involve adjudication
      and or litigation with inherent costs all of which would not necessarily be
      recoverable.




                                                                                          9
10

				
DOCUMENT INFO
Shared By:
Tags: Expla, natio
Stats:
views:58
posted:2/9/2010
language:English
pages:10
Description: Explanation