Case Study Proposal

Introduction
- type of building
- location/site constraints/access
- listed building/conservation area
- scope of work/business justification
- other relevant aspects

The Client
- who is the client? public/private/individual/committee
- the brief
- client experience/attitude toward risk
- how client background affects design/construction

The programme & project value
- RIBA Stage at present (A-L)
- programme period in weeks (agreed/actual)
- start date/ completion date/ extension of time
- cost estimate/tender budget/ contract sum

Financial Mechanism
- private/public/mix fund

Statutory Approval
- planning history
- planning application/building control/ conditions/
- do they affect the initial design

Design Team
- consultants
- when they been appointed/ type of appointment/
- consultants' liability/ fees

Tender and Contractual Arrangement

- procurement method/traditional/B&D/construction management
- negotiation/budget/change scope of work
- contract

Area of interest
- dispute resolutions

Conclusion
- student involvement and responsibilities

Study Programme 2010 leading to Final Examination in Jan/Feb 2011

Apportionment of Speculative Risk for Contract type

SWOT Diagram for Part 3 Examination

THE MANAGEMENT OF BUILDING CONTROLS

a) What is the role of a Planning Co-ordinator on site? When does he act and under what legislation is he given powers to do so?
Under the CDM Regulations 2007 a CDM Coordinator (former planning supervisor) has to been appointed to advise the client on health & safety issues during the design and planning phase of construction work. (on project that last more than 30 days or involve 500 person days of construction work).


b) Under what circumstances are Certificates of Safety issued by a Fire Authority?
Under the Fire Precautions Act 1971 a Fire Certificate is required when premises are used as hotel which will provide accommodation for more than six people. Fire Certificate will apply also when more then 20 people at one time are at a workplace (Factories, Office, Shops & Railway premises). relevant link: http://www.communities.gov.uk/archived/general-content/fire/currentfiresafety/premiseswhichrequire/
http://www.opsi.gov.uk/si/si2005/20051541.htm (The Regulatory Reform (Fire Safety) Order 2005)


c) How is refuse disposal from multi storey flats controlled by a Local Authority and how might a design drawing be affected?
(unable to answer)


d) You have written to a main contractor expressing your concern at the cavalier manner in which demolition work is being undertaken by a domestic sub-contractor. At the start of a large contract you are receiving telephone calls not only from adjoining owners but from members of the public. How do you deal further with this matter?
(unable to answer)


e) A contract draft account includes the extra cost of foundations ‘in accordance with the increased depth of strip footings agreed with the local authority’. Will a lump sum contract allow this increased cost?
Yes if a contingency sum has been allocated for unforseen events.


f) By what methods does a Local Authority stop unauthorised building work?
The Local authority may serve an enforcement notice on the owner requiring him to alter or remove work which contravenes the regulations (section 36 of the 1984 Act). If the owner does not comply with the notice the local authority has the power to undertake the work itself and recover the costs of doing so from the owner. from Building Regulations Explanatory Booklet -
to download PDF: http://www.communities.gov.uk/documents/planningandbuilding/pdf/explanatorybooklet.pdf

Other questions short paper - examination

THE RIGHTS AND LIABILITY OF BUILDING AND ADJOINING OWNERS.

a) Positive and negative easements on adjoining sites may have important implications for the design of a new building. Give examples of how this might arise and how it can be dealt with.
A positive easement is one which enables the dominant owner to do some act upon the servient tenement, e.g. walk or drive along a right of way. A negative easement allow the dominant owner to prevent the servient from doing something on his land e.g. a right to light, which restricts the servient owner's ability to build. (Type of easement: right of way, of support, of light).
suggested reading ARCHITECT LEGAL HANDBOOK ( Chapter 4 - English Land Law)


b) Under what circumstances might ‘licences’ be required in undertaking building work? Give examples of what agreements might be made and their format.
A licence is a permission, e.g. the passage of construction traffic (or erection of scaffolding) over neighbouring land may be required for some development. A bare licence is given gratuitously by the landowner/licensor and it is revocable at any time. A contractual licence is granted tfor some counter-benefit and its revocation is subject to the contract terms.


c) An uncertain boundary is delaying the completion of drawings being prepared for a planning application. How can this be resolved?
There are three ways to find out the confines of division of two contiguous parcels of land:
- by proven acts of the respective owners;
- by statues or by orders of authorities having jurisdiction;
- by legal presumption (in absence of either of above);


d) You are required to prepare a Schedule of Condition for a Party Wall Award. What method of working would you employ?
One of the most important aspects of the award is the Schedule of Condition taken of the adjoining property or land. The Schedule of Condition is a written report and can be supplied with photographs. It makes easier to determine if damage has been caused by the works ant the extend of the damage caused. suggested reading ARCHITECT LEGAL HANDBOOK ( Chapter 26 - Party Wall)



e) An adjoining owner has asked your client to allow the formation of two small windows and a gas vent in his boundary wall. No overlooking is entailed and your client’s house is some distance from this boundary. Give advice on this matter.
Allowing the adjoining owner to open 2 small window in his boundary wall will prevent or restrict your client use of his land. I would make aware your client about easement and right of light.



f) You are undertaking a demolition immediately adjacent to an adjoining boundary wall. Your initial investigation shows that while the wall is structurally sound the pointing is poor and when left exposed it is unlikely to be waterproof. How will you report this matter to the adjoining owner?
I would probably inform him about the state of disrepair of the wall. Party wall (?)

THE MANAGEMENT OF CONSTRUCTION

a) Briefly explain the difference between Section Completion and Partial Possession.
The Section Completion clause in normally included into the contract documents whereas the Partial Possession is subject to the Contractor consent. The Contractor can't delay the consent unreasonably. The Partial Possession has implications from insurance point of view.

b) Name four types of dispute resolution and briefly describe the appropriate use of two.
1) Adjudication
2) Mediation
3) Arbitration
4) Conciliation

c) What is a Collateral Warranty and under what circumstances could an architect be required to enter into such a contract?
Collateral Warranty is an agreement associated with a primary contract that allow third party to claim damage for defective works. The architect can be asked to enter into this agreement a third party (Purchaser, Tenant or Funder) has an interest in the main contract project.

d) You have been appointed as architects for a replacement canteen and kitchen at a local primary school (450,000), the original building having been condemned and closed. The school is currently offering a limited school dinner service within the school hall. Recommend a suitable building contract/s to ensure that the new facilities are procured as soon as possible.
unable to answer
(the school as client is unlikely to assume a risk, the traditional procurement route..)