What key considerations did you consider when allowing the Tenant to fitout the retail unit concurrently
with your clients works?
-We were very fortunate on this project that there wasn’t actually an overlap in shared spaces between
the two contractors as we had separate entrances and separate stair cores used for both contractors
-However we did make sure that the contractors were communicating with each other effectively were
necessary, had coordinated on emergency procedures, wore separate high viz clearly showing which
contractor they worked for for accountability, coordinated deliveries.
You identified a localised risk of flooding during the review phase of the trial pit works, what did you
consider mitigating the risk of flooding? Did you take any advice on this?
-To mitigate the risk the contractor who did the works did much more detailed desktop based
investigations before stating work looking at borehole data from surrounding areas to give them more
confidence.
-they also had a temporary sump pump on standby.
What are the contractual procedure for raising changing request and the timeframe in the JCT
D&B?
- There are no set timescales in the standard form
- The Contractor shall, within a reasonable time after receipt of a
Change or of an instruction in regard to the expenditure of a Provisional Sum notify the Employer:
-whether it has capacity and has any objection.
-If the Contractor has any reasonable objection the Employer shall vary the terms of the instruction so as to remove that objection.
How did you assess whether the Teams have capacity to deliver the additional scope?
-I assessed the current programme, cashflow and resource to indicate the progress on the main scheme
in order to establish if it would be suitable change.
-We had a clear change management procedure that gave the contractor opotrunities to identify any issues with implementing tha change
In Issue 1 what was the Programme difference between the thre options?
All of the options were very similar in terms of constuction programme (around 5 months).
Time to site:
-Option 1 contractor could start within 8 weeks
-Option 2 was longer at 16 weeks as it involved preparing a pack of info.
-Option 3 was 25 weeks for a single stage D&B
How were the investigation works undertaken?
-A combination of using a breaker and diamond coring was used to drill through the slab.
-Dynamic windowless sampling was then used to drive a hollow tube into the ground along with using a water level logger.
-Had an emergency sump pump on stand by in case of flooding
Why did Puma want to undertake investigations?
They wanted to determine the ground conditions and ground water levels in order to see if theyh could instal a lift pit.
What waterproofing system was used in the basement and how did this get repaired?
-It was a Type A barrier system. encapsulating the walls and floor.
You can also get a Type B system which is structually integrated protection and a Type C system which is drained protection
-This was repaired with waterstop concrete product that was used as a plug.
When were the investigations works requested by Puma?
Requested in July and the section was due to complete in January
For 1 James Street what were the advantages of using a D&B?
-It alowed earlier contractor input and use of the contractor’s expertise to develop the final design
-Alowed the contractor to take on certain elements of risk which they were better placed to control (stucture)
-Overlapping the design and build was better for the programme
-It was a contract that the client was familiar with
What were some of the bespoke amendments to the contract?
-Payment terms changed from 14 days to 21 days as the contractor was happy with this and it fir with the Employers payment runs.
-The contractor had to open up and investigate certain areas otherwise the risk of the existing stucture was transfered to the contractor at a certain stage in the contract.
-A clause to say “Contractor shall carry out its obligations under this Contract so as not to put the Employer in breach of any of
its respective obligations under the AFL”
-The Contractor accepts entire responsibility for the Employer’s Requirements and for
the Contractor’s Proposals and for any mistake inaccuracy or omission in or as between
the Employer’s Requirements and the Contractor’s Proposals
Why might a different Contractor offer better value or be better suited to a smaller Cat A project?
-Larger contractors rigid process with higher overheads which can make their pricing less competitive compared to a smaller contractor with a leaner operation
-A smaller contractor who does this type of work may have a supply chain optimised for this size of fit out works
What are some of the costs that come with retendering works?
-Costs of preparing a tender pack
-Cost of drawing up a new contract
-Mobilization costs
-Profesional fees to run a tender
Why is a negotiated tender quicker than a competitive tender?
-Negotiated does not require an as detailed tender pack as would be required to inform a competitive tender
-Dont have to draw up a list of contractors and go through a PQQ with them
-Dont have to analyse multiple bids
What was the cost difference between remaining with FD and the competitive tender?
Based on the budget that Faithdean gave their cost were £2m wheras the competitive tender option achived a cost of £1.5m
How did you know the ground water was high under the building?
-As part of our development we had no reason to dig down so we had limited information.
-This was purely desk based study
-Reviewing existing geological maps and ground water flood maps
What is a Rent free period?
A rent-free period is an incentive offered by landlords, where the tenant is not required to pay rent for a specified period at the beginning of the lease term. Allowing the renter to occupy the property without financial obligation during that time.
What are the JCT insurance options?
Option A: the Contractor is required to take out and maintain a Joint Names Policy for all risks insurance for the works;
Option B: the Employer is required to take out and maintain a Joint Names Policy for all risks insurance for the works; or
Option C: the Employer is required to take out and maintain (a) a Joint Names Policy in respect of the existing structures and their contents, and (b) a Joint Names Policy for all risks insurance for the works.
What type of screed was in the basment?
-It was liquid applied leveling screed.13mm thick
How do you asses a change?
Establish the reason for the change whuch usually fits onto the catogory of:Quicker constuction,improved performance or more econimical project.
-Risks of change and who bares them
-Effect of not amking the change
-proposals for mitigating any onerous consequences of the change, to keep the
construction programme on schedule
How else could you of instructed the aditional floor into the works?
-We did discuss a deed of variation with the legal team
-This would allow us formally ammend the contract to include the new scope. Ammending the contract sum, the completion date and adding an aditional section.
-We would have an outline ER’s/CPs based on the original scope.
You say “there had already been a number of client led changes which had been
accommodated within the original programme which had put additional pressure on current resource.” What were some examples of these and how were you tracking these?
-The Gym (£400k worth of work that was instructed early enough that the contractor incoporated in the current programme)
Traked by:
- Formal change management process was impimented with included adding the impact to a change tracker. Including any risks that came with the chang ebeing implemented.
- Made sure to follow up on the instuction to ensure all the drawings and specs were updated and reissued.
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How else can you manage exsessive change at the point of it impacting tha main contract?
I am aware of collateral contract that could be formed to stand along side the original contract alowing pressure to be taken of but this is expensive and should be avoided.
