Question 2 – Defective Works

Objective

To clarify the powers available to the architect to oversee and monitor the quality of the works.

Task

Prepare detailed answers to the following:

a)    On a housing project (of 5 dwellings) it was discovered that a number of houses had been constructed using incorrect insulation in the cavity wall. This meant that the dwellings did not comply with the building regulations re: thermal insulation.  The contractor is still on site and the houses have now been second-fixed and decorated. Completion of the project is not far away and all properties have new tenants waiting to move in.

            Consider each parties position, and advise each on possible courses of action, both practically and contractually. 

 

b)    A project is a new build residential tower block. Part way through the project a piece of cladding is inspected. Upon inspection it becomes apparent that the cladding did not comply with the contract documents, with regard to fire protection. The contractor maintains that this was an unfortunate one-off error, but the CA is still obviously concerned about the cladding that has already been installed (approximately 100 panels).

          Advise the CA as to what action he should take, and what the implications may be for both the contractor and employer.