WHAT IF THE WORKS BUDGET EXCEEDS THE SECTION 20 NOTICE APPROVED AMOUNT?
Under Section 20, the ultimate project cost often exceeds the costs contained within the Section 20 notice due to inherent unpredictability of major works (inclusion of contingencies, delays, discovery of new problems following opening up works).
Important to consider the following:
Remember - re-consulting will cause delay, causing price increase.
WHAT INSURANCES ARE REQUIRED BY THE BUILDING OWNER FOR WORKS?
Public Liability - Cover potential damage to third parties
Employers Liability - Legal requirement in UK, protects the employer financially if an employee becomes ill/injured due to work. Covers compensation and legal costs of claims, minimum cover of £5m.
Joint Names Insurance - Covers existing property and construction works jointly by employer and contractor. Parties are unable to claim against one another for an insured loss, as they are considered to be one-and-the-same. Avoids dual insurance, reduces insurance cost to project, and avoids litigation (can’t claim against one another). Insurer has no rights of subrogation.
Case law - Tyco v Rolls Royce. Tyco found liable for their negligence despite Joint Names policy being applied, a critical case reminding parties that having cover does not protect you from negligent works.
WHAT INSURANCE ARE REQUIRED BY THE CONTRACTOR FOR WORKS?
Public liability - Covers third party injury or damage to property.
Employers liability - Covers employee illness or injury at work (legal requirement in UK).
Professional Indemnity Insurance - Cover errors or negligence that cause financial loss to client.
Contractors All Risk Insurance - Covers potential losses including damage to contract works, materials, tools/equipment, as well as third party injury and property damage.
WHAT ARE THE RICS REQUIREMENTS FOR PROFESSIONAL INDEMNITY INSURANCE?
RICS requires firms to have PII with a minimum limit of indemnity based on turnover:
£100k turnover - £250,000 minimum indemnity
£100k-200k turnover - £500,000 minimum indemnity
Over £200k turnover - £1,000,000 minimum indemnity
The policy must follow the RICS Approved Minimum Policy Wording, be an approved insurer by RICS and include retroactive (pre-policy) and run-off cover for 6 years (following cease of trading).
WHAT CASE LAW IS RELEVANT TO PROFESSIONAL INDEMNITY COVER?
The Bolam Test (1957 case):
WHAT DID YOUR ROLE AS BUILDING SURVEYOR INCLUDE?
WHAT DID YOUR ROLE AS CONTRACT ADMINISTRATOR INCLUDE?
WHAT DID YOUR ROLE AS DEISGNER INCLUDE?
HOW DOES THE PRINCIPAL DESIGNER ROLE DIFFER BETWEEN CDM REGS AND BUILDING SAFETY ACT?
PD:
CDM - Focused on H&S during construction, managing risks from inception to completion.
BSA - Emphasises long-term safety and regulatory compliance, particularly HRB’s, ensuring safety throughout lifecycle.
Key difference - construction safety vs building safety (construction phase vs entire building lifecycle), and the overarching regulatory framework each operate under (HSE and BSA).
WAS METROPOLITAN LOFT DEEMED A HRB?
Under S65 of the Building Safety Act, a HRB is ‘a building that is (a) at least 18m in height or 7-storeys, and (b) contains at least 2 residential units.
Met Lofts stands at 14m height and is four-storeys.
WHAT LEGAL / REGULATORY DOCUMENTATION DID YOU CONSIDER RELATING TO THE WORKS, AND IF SO, HOW DID YOU COMPLY?
Part B (Fire Safety) - Removal of combustible rigid foam insulation, replaced with mineral fibre.
Part K (Protection from falling) - Ensured the balcony railing remained above 1100mm height from floor level due to the increased balcony slab height.
Part L (Conservation of fuel and power) - Retaining existing materials where possible, i.e. copings, railings.
Access to Neighbouring Land Act 1992 - Considered adjacent land access
Landlord and Tenant Act 1985 - S20
Planning (Listed Buildings and Conservation Areas) Act 1990 - Considering appropriate works within conservation area
Bribery Act 2010 - Ensuring I acted appropriately during tender and appointment processes
Control of Asbestos Regulations - Instructing R&D survey prior to core drilling
WHY IS PII REQUIRED FOR THE CONSULTANT AND CONTRACTOR?
PII protects the insured from professional negligence claims by covering legal costs and potential compensation due to errors/omissions in their services.
EXPLAIN HOW YOU CONFIRMED THE BUILDING WAS 1950s CONSTRUCTION
Based on my desktop review, finding data suggesting the building was opened in the 1950s, and construction detailing:
HOW DID YOU CONFIRM THE BUILDING WAS REINFORCED CONCRETE FRAME AND NON-LOAD BEARING ELEVATIONS
HOW DID YOU CONFIRM THE TOP STOREY WAS A LATER ADDITION, AND LIGHTWEIGHT CONSTRUCTION?
WHAT CONSIDERATIONS WOULD YOU GIVE IF CONVERTING TO RESIDENTIAL, WITHIN A CHANGE OF USE ALIKE MET LOFTS?
Planning regulations - Permitted development rights, LPA consents (listed/conservation area)
Building regulations - Designing in line with regulations, noting necessary upgrades required, i.e. improved thermal performance, accessibility, ventilation, etc in line with latest Building Regulations (within reason)
Structural viability - Additional dead and live weight loads to be introduced and whether the existing structure is sufficient
WHAT IS YOUR UNDERSTANDING OF PERMITTED DEVELOPMENT AND HOW WOULD IT BE APPLIED TO MET LOFTS?
Permitted Development allows certain change of use and extensions/improvements without needing full planning permission.
PD rights were extended via the Town and Country Planning Order 2015 - right to add extra storeys, allowing extensions and creation of new homes without a full planning application.
PD rights remain restricted in national parks & conservation areas (article 4 directions requiring planning app).
All works must adhere to Building Regulations and the Party Wall Act 1996.
Simple internal re-configurations may be permitted, alike the Met Lofts works, and loft conversions.
Before commencing - confirm with LPA and apply for a Lawful Development Certificate for later evidence (beneficial for property sale).
WHAT IS THE PROCESS OF PERMITTED DEVELOPMENT?
EXPLAIN HOW YOU APPROACHED INSPECTING AND CONCLUDING THE ISSUE WAS WATER INGRESS
Desktop review
Site visit - ground level, internals and balcony access
Analysis of evidence on site
Considered construction detailing and possible causes
WHAT WAS INCLUDED WITHIN YOUR PRE-CONSTRUCTION INFORMATION PACK?
PCI purpose is to provide essential H&S info for designers and contractors to plan for the construction phase effectively (inform design, highlight risks, facilitate compliance), including:
HOW DID YOU DECIDE ON THE CONTRACT SUITE AND TYPE?
Project type - small scale remediation
Size - £250k value
Complexity - Simplistic design and installation
Procurement route - consultant led design and spec, competitive tender process
Client/Contractor relationship - Traditional, consultant managed
Deliverables - Quality and cost certainty favoured over time
EXPLAIN YOUR TENDER PROCESS
Single stage competitive tender process
WHAT OTHER TENDER STRATEGIES COULD BE USED?
Two stage tender
Open tender
Negotiated tender
Framework agreement
WHAT ARE THE VARIOUS CONTRACT TYPE STANCES ON WEATHER VARIATIONS?
Weather:
- JCT - states subjective ‘exceptionally adverse weather conditions’, generally allowing for extensions of time, without financial compensation.