Professional Documents
Culture Documents
Valentin Hunzinger
Oberlanders Architects LLP
16 Melville Street
Edinburgh EH3 7NS
Building a part of the city,
Architectural management of a large residential construction project
2
Acknowledgments
Acknowledgements
I appreciate the assistance of all who have contributed to this case study.
I would like to thank the staff at Oberlanders Architects LLP for their
assistance in my research and access to project information. In particular
I would like to express my gratitude to Andrew Wilmot (the partner
responsible for the project) for his excellent leadership qualities, my
employment mentor, Marion Ross Leitch (senior associate architect
responsible for overseeing the project) for her continued guidance and
support, for which I am extremely grateful, Andrew Lee (the project
architect whom I have been helping and shadowing closely) whose
advice is always helpful and our Quantity Surveyor, Bruce Cargill for his
insights of which I am most appreciative.
3
Building a part of the city,
Architectural management of a large residential construction project
Contents
Part 1 RIBA Workstages A - G Part 2 RIBA Workstages H - K
5
Building a part of the city,
Architectural management of a large residential construction project
List of Illustrations
pg.1 - Sketch computer model by author of Block B3 in context pg.33 - fig.31 - Visualisation by CGI Media Ltd of block A2.
pg.2 - Visualisation by author for the planning application update February 2007 pg.34 - fig.32 - Panoramic view of site by contractor 5th May 2007
pg.4 - fig.3 - Aerial photo with addition of Fountain North site boundary by author pg.36 - fig.33 - Panoramic view of site by contractor 5th May 2007
pg.7 - fig.4 - Visualisation by author for the planning application update February 2007 pg.40 - fig.34 - The demolition in progress on site 1st of January 2007
pg.8 - fig.5 - EDAW and Oberlanders masterplan overlay onto aerial map. pg.40 - fig.35 - Photo by contractor on site 7th August 2007
pg.10 - fig.6 - Extract from Building Design Issue 1763, Friday March 23rd 2007 pg.40 - fig.36 - Photo by author on site 17th August 2007
pg.11 - fig.7 - Historical aerial photo, Pg.21 Old Edinburgh views form above pg.41 - fig.37 - Photo by author on site 17th August 2007
John A jones Stenlake Publishing Glasgow 2002. pg.42 - fig.38 - Photo by author on site 7th September 2007
pg.11 - fig.8 - EDAW and Oberlanders masterplan with phases highlighted. pg.43 - fig.39 - Photo by contractor on site 5th November 2007
pg.11 - fig.9 - Sketch computer model by author of Block B3 in context. pg.44 - fig.40 - Photo by contractor on site 14th December 2007
pg.12 - fig.10 - Sketch computer model by author of Block B3 in context. pg.46 - fig.41 - Photo by author on site 9th february 2008
pg.12 - fig.11 - Underlay, Oberlanders and EDAW production information. pg.46 - fig.42 - Photo by author on site 22nd february 2008
pg.15 - fig.12 - Photo of St.Vincent Place comissioned by Oberlanders pg.46 - fig.43 - Photo by author on site 28th february 2008
pg.13 - fig.13 - Oberlanders initial masterplan proposal. pg.47 - fig.44 - Photos by author on site 28th february 2008
pg.15 - fig.14 - Visualisation by CGI Media Ltd of Outline Planning proposal. pg.48 - fig.45 - Photo by author on site 22nd february 2008
pg.21 - fig.15 - Photo by author of Edinurgh springside cab. pg.48 - fig.46 - Photo by author on site 28th february 2008
pg.22 - fig.16 - City of Edinburgh Council Development Brief extract pg.49 - fig.47 and 48 - Photos by author on site 14th November 2008
pg.23 - fig.17 - Photo by author of tenement on Fountainbridge pg.50 - fig.49 - Photo by contractor on site September 2008
pg.23 - fig.18 - EDAW montage of proposed impact on Fountainbridge pg.51 - fig.50 - Photo by author on site 25th July 2008
pg.24 - fig.19 - Extract of EDAW and Oberlanders master plan pg.51 - fig.51 - Photo by author on site 19th August 2008
pg.25 - fig.20 - Outline Application sketches by EDAW pg.51 - fig.52 - Photo by author on site 28th October 2008
pg.26 - fig.21 - Photo by contractor on site February 2007 pg.52 - fig.53 - Photo by author on site 20th October 2008
pg.26 - fig.22 - Photo by contractor on site March 2007 pg.54 - fig.54 - Photo by author on site 24th November 2008
pg.26 - fig.23 - Photo by contractor on site April 2007 pg.55 - fig.55 - Photo by Oberlanders on site 20th October 2008
pg.26 - fig.24 - Photo by contractor on site August 2007 pg.56 - fig.56 - Visualisation by author for the planning application
pg.27 - fig.25 - Photo by contractor on site december 2006 pg.57 - fig.57 - Visualisation by author for the planning application
pg.27 - fig.26 - Photos by contractor of Upper Grove Place pg.57 - fig.58 - Photo by Oberlanders on site 14th November 2008
pg.28 - fig.27 - Extract of EDAW and Oberlanders master plan pg.61 - fig.59 - Fee spread sheet extract from job files
pg.29 - fig.28 - Outline Application sketch by EDAW pg.64 - fig.60 - Extract of City of Edinburgh Council Tram Developer
pg.30 - fig.29 - Visualisation by the author for the planning application Contributions
pg.31 - fig.30 - EDAW Public Realm Application drawing.
6
Acronyms
Acronyms
AMA AMA (New Town) Ltd
ARB Architects Registration board
CDM Construction (Design & Management) Regulations 2007
DDA Disability Dicrimination Act 1995
HSE Health and Safety Executive
JCT SBC/Q/Scot Joint Contracts Tribunal Standard Building Contract With Quantities for use in Scotland
LLP Limited Liability Partnership
NHBC National House-Building Council
NJCC National Joint Consultative Committee for Building
PAN Planning Advice Note
PEDR RIBA Professional Experience and Development Record
RIAS Royal Incorporaton of Architects in Scotland
RIBA Royal Institute of British Architects
RICS Royal Institution of Chartered Surveyors
SCA/2000 Scottish Conditions of Appointment of an Architect 2000 [RIAS, 2000]
SUDS Sustainable Urban Drainage Systems
Workstage As per the RIBA Outline Plan of Work
7
Building a part of the city,
Architectural management of a large residential construction project
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9
Building a part of the city,
Architectural management of a large residential construction project
2.0 - Introduction
Background information
The focus of this study is on the contracts signed for Phase 3 and particularly,
Jex Blake House (block B3). This fragment of B block, a 6 storey residential
building, with a footprint area of 540 m, containing 45 flats of varying sizes. The
building has a concrete structure with post-tensioned floor slabs above ground
fig.8 - Outline Application masterplan showing and steel frame on the fifth floor. The envelope is predominantly a lightweight
Oberlander administered phases. steel frame system inner leaf with brick outer leaf.
Block B3
This case study employs two distinct methods of analysis, which will be
distinguished as follows:
Factual accounts of the development Written in Helvetica Neue Light
typeface.
Personal appraisal of outcomes, criticism or commentary Written in Helvetica
Neue Light Italic typeface.
1 The figure was estimated to be 10 million in the final cost plan however
once the tender quotes were received it was found to be 12 million. 11
Building a part of the city,
Architectural management of a large residential construction project
December 2003 S&N market the site, seeking bids for developers either unconditional or
conditional to Outline Planning Consent.
12th January 2004 Oberlanders invited to be lead architect by the joint venture company of
Grosvenor and AMA specifically formed to respond to S&N.
4th February 2004 Oberlanders appointed by the joint venture to prepare the Outline Planning
fig.10 - Block B3 within the development Application on behalf of the joint venture and S&N after successful bid, interview process and
presentation.
13th December 2006 Submitted Road Construction Consent (RCC)2, Public Realm application
(ref: 06/05235/REM).
15th January 2007 Detailed Planning Application for block B, C and underground carpark
(Approval of Reserved Matters) submitted (ref: 07/00191/REM).
5th March 2007 submitted Staged Building Warrant application 1, substructure and piling.
2The Roads (Scotland) Act 1984
provides for developers to seek Road 19th March 2007 submitted Staged Building Warrant application 2, drainage.
Construction Consent (RCC) before
building new roads. Once RCC is
granted, the developer has a right to 2nd April 2007 submitted Staged Building Warrant application 3, superstructure.
have the road adopted by the local
authority.
pg.7 PAN 76 30th April 2007 submitted Staged Building Warrant application 4, envelopes and internal layout.
http://www.scotland.gov.uk/
Resource/Doc/76169/0019017.pdf 4th June 2007 Public Realm Planning application and landscaping application granted consent.
10th July 2007 Infrastructure works Phase 1, roads and utility services begun.
3rd August 2007 Detailed Planning Application for block B (Approval of Reserved
Matters) approved.
19th July 2007 Building Control approved Staged Building Warrant applications 1, 2
and 3.
1st May 2008 Building Control approved Staged Building Warrant application 4,
envelope and internal layout.
27th June 2008 sectional completion of superstructures of A2 and B3 for phase 3A.
Phase 3B (the envelope of blocks A2 and B3) begun. The underground carpark and
landscaping, also forming part of this contract are programmed for completion in March
2009.
fig.11 - Ground floor plan of block B3 Phase 3C (the fit out of blocks A2 and B3) is due for completion in March 2009.
13
Building a part of the city,
Architectural management of a large residential construction project
A medium sized RIBA chartered practice, established in 1983, now having built up
an extensive experience in health care, research, retail, leisure, student residences
and private homes with a list of happy, repeat clients. The practice became a
Limited Liability Partnership in 2005 thereby reducing the extent of liability of the
partners compared to the provisions of a partnership and improving the prospects
for potential new partners succession. The office turned over 1.52 million in
2007 and employs 21 people, including:
14
Part 1 - RIBA workstages A-G Section 3 - Project Environment
3.2 Clients: AMA (New Town) Ltd and Fountain North Ltd
Fountain North Ltd is a joint venture company formed by a consortium of RBS, Grosvenor
and AMA (New Town) Ltd specifically to develop this project. Grosvenor, established in
1677 from the estates of the Grosvenor family, is a group of privately-owned international
property development, investment and fund management businesses. AMA is a smaller
property development business, established in 1983 by the Afshar family and operating
principally in Edinburgh.
We have previously been employed by both parties, having completed Saint Vincent
fig.12 - St Vincent Place, New Town Place and the Afshar house with AMA, and the Fleming Building at the Bush Estate with
Edinburgh. The building on the left designed by Grosvenor.
Oberlanders for AMA.
3.3 Inception
Oberlanders were asked by AMA and Grosvenor who had been included on a short-list
of 5 parties, to attend an interview on the 12th of January 2004 and present proposals
to S&N for purchase of the site. Initial investigations of the site potential led to a proposal
which kept a third of the total land area green space and had a built area of 90,000 m
with a mix of:
15
Building a part of the city,
Architectural management of a large residential construction project
3.4 Appointments
Whatever the method of securing the commission, the importance of having an
agreement in writing cannot be emphasised enough. It is a requirement of both the
RIBA and ARB codes of conduct 5 Pg.13 - Architects Job Book, 8th Edition
When the job was originally acquired it would have been impossible to foresee how
it would pan out and so, the initial speculative work was covered by a time charge,
agreed by an exchange of letters:
Partner 75
Senior Associate 65
Associate 60
Architect 58
Architectural Graduate 45
Senior technician 65
Technician 50
These rates are comparable but lower than the indicative hourly rates mentioned
in the April 2000 edition of A Clients Guide to Engaging an Architect including
guidance on fees Published by the RIBA.
16
Part 1 - RIBA workstages A-G Section 3 - Project Environment
Unfortunately the clients did not wish to use the RIBA Standard Conditions of
Appointment as they regard them as being biased in the architects favour. A
bespoke appointment document (vaguely based on the RIAS SCA/2000) was
issued by the client, who suggested it would be used as a basis to be adjusted to
describe the various services later when their extent became known.
On reviewing this document we sought advice from both our RIAS Insurers and
our legal advisor, who suggested amendment of clauses, for example advising us
that one of the advantages of the LLP is the corporate status allowing the name
Oberlanders Architects LLP and no mention of the individual members necessary.
The appointment required a 12 years liability period with a minimum cover of 5
million Professional Indemnity Insurance.
The agreed fee for the job was 4.2% of contract value. This fee covers the
various work stages as set out in the RIBA Outline Plan of Work 2007.
Whereas the RlBA Plan of Work Stage Proportion of 100% fee recommends
only 25-35% for G-L tender and construction7, Grosvenor demanded a
split of 50% up to completion of the construction drawings and 50% after
commencement on site, a fee matrix can be found in Appendix 1.
To take the project to Outline Planning Consent was seen to equate to Workstage
C (Detailed Planning Application at Stage D and the Building Warrant at Stage E),
on the 5th of April 2004 it was agreed to charge a lump sum fee of 250, 000 for
the outline application.
Having obtained Outline planning consent we were sent an adjusted generic appointment document by the
client for the first phases, with an agreement that Oberlanders would get the lions share of future phases.
Again we sought advice both from our insurers and legal advisor, there was concern about the wording of
a clause, indicating that the architect is to ensure that NHBC8 cover is obtained for each unit, which was
removed as this could be out with the architects control. On the 6th of July 2006 the schedule of services
was agreed and the documents were signed and formally confirmed.
Due to the size of this project the work has been split into various phases. Contract Administration for
the first 2 phases, demolition, infrastructure and utilities was undertaken by the projects engineering
consultants Goodson Associates and Goodson Cole.
The phase 3 construction contract was administered by Oberlanders. This phase was further fragmented
after Grosvenor received profit risk assessments from head office and decided they could not afford to
carry on investing as planned. AMA essentially stepped in to take charge of most of the project which was
split into phases facilitating the project continuity.
Phase 3A (Contract sum: 9,011,089.72) involving: The construction of the underground car park, piling
to blocks A2, B2, B3 and C2 substructure of B2, the concrete frames of A2 and B3, part of the West
pedestrian retaining wall and all associated drainage works and public realm landscaping9, is covered by
8 The NHBC is the a bespoke appointment as described above with Fountain North Ltd signed on the 26th of April 2008 for a
standards setting body for 3.75% fee.
the new homes industry and
Phase 3B (Contract sum: 3,221,800.58) involving: The complete building envelope of blocks A2 and B3
independent warranty provider
for new and newly converted and internal pre-cast stairs, is covered by a similar bespoke appointment with AMA signed on the 12th of
homes in the UK. May 2008 also for a 3.75% fee.
9 Page 2 First recital of Phase Phase 3C, the fit out of A2 and B3, our appointment with AMA remains unsigned, though fit out production
3A JCT SBC/Q/Scot 2005. information is being progressed.
18
Part 1 - RIBA workstages A-G Section 3 - Project Environment
The amount of future work involved due to the large size of the project
was very attractive to Oberlanders. This enthusiasm was reflected in the
competitively low fees10. Estimates with reference to data from smaller but
similar projects were employed to ensure the fees would cover expenses and
provide a reasonable profit. Given the clients propensity to tough negotiation
its my perception that Oberlanders did well in agreeing on these fees. Project
Resource planning sheets could have been employed to further test whether
this income was a realistic prediction.
The fee situation became more complex when the work was split by
construction phases rather than individual buildings as we had been calculating
the fees during outline application on construction costs of each building, not
fig.14 - Visualisation of final outline proposal massing phase.
Residential
We receive payment regularly from the clients as programmed instalments
Commercial / office agreed on fee matrix charts covering all the phases. However the reality is not
always as simple as the theory and as the contract has progressed the clients
Student residences have changed some of the work, for instance requesting a nominal element
Retail of construction above ground for C2 (nicknamed the golden brick) to be laid
before a certain date, in order to obtain a benefit, in this case a tax concession,
requiring the piling and foundations to be transferred to the 3A contract.
These kinds of changes result in complicating the process of invoicing our fees
appropriately and could lead to loss of fees if not carefully controlled. Fees have
to be constantly reviewed, reconfigured and renegotiated to reflect the shifting
work.
10 Being much lower than the 5.9% shown on the indicative percentage fee
scales: classic service graph from the RIBAs A clients guide to engaging
an architect including guidance on fees of April 2000, indicative fees are no
longer published by the RIBA.
19
Building a part of the city,
Architectural management of a large residential construction project
20
Part 1 - RIBA workstages A-G Section 3 - Project Environment
As the final details of the clients purchase agreement with S&N were being completed, at the outset of
the project, the client appointed the full design team. The appointment of other consultants separate
from our own appointment is not uncommon for a development of this size where the client wants
access to impartial information, for instance regarding cost. As Chappel and Willis point out;
It is better for the architect if the consultant is employed directly by the client, because there is a direct
contractual link established between consultant and client. 11 Pg 129, The Architect in Practice 9th Edition.
Because the consultants are legally accountable to the client the architect is not normally held
responsible for their performance. However it is crucial that as lead consultant the architect knows who
is assigned to do what, so as to avoid overlapping work. In this case we didnt expect to be finding
ourselves designing the below podium slab drainage layout, not being experts on the matter, but
Blackwoods and Goodsons had written it out of their appointment and although it wasnt specifically
mentioned in ours someone had to do it.
The clients also appointed other consultants who cannot strictly be classified as members of the design
team but still had a role to play, including; Hoop Associates (marketing consultants), Savills (estate
agents), CGI Media Ltd (visualisers) and Weber Shandwick (public relations consultants).
Ideally, meetingsshould be concentrated, focused and quite intense, so that all participants are aware
of the value (and cost) of the event and what needs to be achieved as outcomes
12 pg.23 A guide to working with consultants, Neil Parking
The large number of consultants on this project was sometimes very demanding, with many meetings
counting 20 heads, it was crucial to make sure all people attending had a purpose and a good agenda
was in place, allowing all attendants the means of voicing their concerns and adding their value to the
proceedings.
fig.15 - Edinburgh
springside cab
21
Building a part of the city,
Architectural management of a large residential construction project
To avoid piecemeal development S&N assisted the City of Edinburgh Council by partaking
in commissioning and resourcing of the Fountain Area Framework led by GVA Grimley
(property advisors) and Allan Murray Architects Limited who released a master plan and
Development Brief in April 2004.
The Development Brief was a useful document as it listed information required to augment the
Outline Planning application, such as maximum levels of floor space/units, zoning and building
heights, where it envisaged respect for the tenemental scale of existing surrounding residential
fig.17 - Tenement on streets. Historic Scotland were keen to point out the value of the neighbouring Frederick
Fountainbridge Pilkington designed, 1864 tenement and that development should ensure that their current
prominence is not diminished 16 pg.25 Outline Planning Application approval document.
The clients did not issue a formal brief themselves, but through correspondence it became
clear their priority was maximising developable quantity, with as much high quality residential
for sale as possible. The clients had employed marketing consultants and estate agents who
advised the housing should be aimed at young professionals with a mix of different unit sizes
with a high proportion of 1 and 2 bed flats.
fig.18 outline proposal
massing photo montage
23
Building a part of the city,
Architectural management of a large residential construction project
24 fig.19 - Fountain north site Oberlanders and EDAW Outline Application master plan
Part 1 - RIBA workstages A-G Section 4 - Regulatory Issues
25
Building a part of the city,
Architectural management of a large residential construction project
fig 21 - Fountain north site February 2007 fig 22 - Fountain north site March 2007
fig.23 - Fountain north site April 2007 fig.24 - Fountain north site August 2007
26
Part 1 - RIBA workstages A-G Section 4 - Regulatory Issues
For a building project to take best advantage of the opportunities for environmental
and social enhancement these aspects are best placed on the agenda at the outset.
15 Pg.23 Green Guide to the Architects Job book 2nd Edition Sandy Halliday
An environmental impact report formed part of the submission. The client held
meetings to explore opportunities in relation to both construction and operational
performance issues. There was brief enthusiasm for a Combined Heat and Power
system feeding the whole development though it was later ruled out on grounds of
cost and client perception that common heating would not find favour with buyers of
individual flats.
The existing stone buildings were deemed of not high enough merit to be refurbished.
During the demolition it was more economically viable to crush all the stone than
preserve it in blocks for reuse.
fig.26 - Upper Grove Place, existing wall removed carefully to make way for block B3
27
Building a part of the city,
Architectural management of a large residential construction project
28 fig.27 - Fountain north Outline application master plan detail extract, red boundary showing extent of construction phases 3, 4 and 5.
Part 1 - RIBA workstages A-G Section 4 - Regulatory Issues
On the 14th of January 2005 we submitted the application and received a letter
on the 11th of December 2006 informing us we had gained outline planning
consent. This tardy response had been expected as the approvals release was
subject to the signing of the Section 75 by the clients, who understandably had
been waiting till the last possible chance to release the sum attached to it, to pay
S&N for site purchase.
Fig.28 - Outline application sketch I feel that Oberlanders along with the rest of the design team did well in working
successfully through the vast amount of issues related to a development of this
size (which I merely touch upon given the required brevity of this document). That
the tenemental height was very slightly transgressed with a set back penthouse at
fifth floor level was regarded by the client as a huge success.
29
Building a part of the city,
Architectural management of a large residential construction project
31
Building a part of the city,
Architectural management of a large residential construction project
We have provided:
The omission of single aspect flats to lower floors for replacement with
dual aspect, and re-run of the lighting simulations.
Adjustment to the composition and materials of block B3 Upper Grove
Place faade, to suit better the pattern of its tenemental neighbours, with
fig.31 - CGI Media Ltds zinc cladding mimicking slate roof.
visualisation of block A2
seen from over the Western
Approach Road The outcome was very welcome and added quality to the project. I was
disappointed with regard to the implementation of sustainable ideas. As the
market becomes more environmentally friendly the marketing benefits of
healthier homes with cheaper running costs may become more recognised,
in the meantime it seems legislation is the best means of achieving client
commitment on these matters. We [the government] want all new homes to
be zero carbon from 2016. We will strengthen building regulations by 25% in
2010 and by 44% in 2013 to set the standards we need to help achieve this.19
Personally I believe more encouragement of the reuse of materials, as well as
minimised heat loss and CO2, would have aided the project even further.
33
Building a part of the city,
Architectural management of a large residential construction project
A CDM coordinator was appointed at the outset of design20 to notify HSE, advise
the client on health and safety issues and cooperate with the design team.
20 The original CDM Co-ordinators
Reiach and Hall architects (known Initial Health and Safety concerns ranged from the possibility of residual asbestos, to
as PLanning Supervisors at the time pinpointing ventilation shafts of several disused wells on site 21.
under the previous 1994 regulations)
were replaced with Peter Graham
and Partners after Outline Planning At detailed design stage the onus was on the whole design team with ourselves as
application consent. lead consultants to eliminate, reduce, inform others about and control all risk within
21 Job file email refering to the the design. Health and Safety plans and reports were prepared for each of the
Records of Wells from the
Geological Survey of Great Britain various demolition and construction phases. The site health and safety regimes are
1835 and a tunnel on the 1896 plan touched upon in section 6.1
22 The total fees due to Building Control for all the applications was 90 000
23 As shown by Strathclyde Universitys Computational Fluid Dynamics (CFD)
ventilation study, indicating unacceptably high C02 concentrations 35
Building a part of the city,
Architectural management of a large residential construction project
36 fig.33 - Panoramic view of the East side of site 5th May 2007
Part 1 - RIBA workstages A-G Section 5 - Procurement
5.0 - Procurement
In choosing a procurement route, cost was the controlling factor but the quality of the
end product was considered important too. The clients considerable experience in
building procurement led them to dismiss the design and build option as it was not
seen to be in keeping with the fundamental requirement for quality. As cost certainty
was required prior to construction start, a management contract, where the cost is
not known until the last tender has been let, was also deemed unsuitable.
The traditional procurement route was chosen, by way of a lump sum contract
(where the amount is determined before the contract begins and is written into the
contract) allowing the key client requirement of cost certainty to be achieved and
maintaining control of the quality, through the design team.
The client ideally wanted all work designed, coordinated, billed, tendered, cleansed
and key subcontractors engaged prior to construction commencement, thereby
achieving a good degree of cost certainty. However with a tight programme from
approval of the planning applications to construction of the first phase, although the
construction information was in essence complete, many of the finer details remained
to be agreed / resolved.
37
Building a part of the city,
Architectural management of a large residential construction project
5.1 - Tender
The Administrative burden of competitive tendering should be reduced as far as
is practicable, and accepted tendering procedures always followed. Two stage
tendering may be justified in some jobs...but the essentials of appropriate tender
documentation, adequate time, and short tender lists remain. 24 pg 31 - A guide to
Sound Practice Stanley Cox
A questionnaire25 was issued in April 2004 and interviews held with 4 contractors
(BAM, Balfour Beatty, Sir Robert McAlpines and Laing ORourke) seen to be large
enough to handle the job.
In terms of cost, CBA advised that there was virtually nothing between the
candidates. In May 2004, the clients, taking into account the experience and
views of the team, decided that BAM were the preferred contractor.
Along with a large amount of demolition and infrastructure work, which had to
take place before any construction could begin. The advantages of having the
contractor on board so early, in theory26 , were:
25 Covering pre-contract stage fees,
management structure details, 1 - Time and cost savings through contractors assistance in developing the
continuity of site personnel, design.
partnering agreements, examples
of pre/post contract involvement,
tender price versus final project 2 - Minimised risk through contractors advice on buildability and sequencing.
cost and negotiated versus
tendered work.
3 - A greater degree of transfer of risk to the contractor by involvement with
26 See section 6.4 Value engineering ground and site investigation.
38
Part 2 - RIBA workstages H-K Section 5 - Procurement
39
Building a part of the city,
Architectural management of a large residential construction project
Phase 4 and 5 came in on budget apart from phase 5A, block C2.
Livingston Mechanicals quote for this block was much higher than
anticipated and a 100 000 saving was achieved when the work was
competitively tendered. The continued decline of the economic climate
may have had some part to play in this, as work becomes scarcer
contractors become more enthusiastic to obtain jobs.
Each phase has its own contract. Phase 1, the demolition and 2, the utilities and
infrastructure, administered by Goodson Associates and Goodson Cole, were completed in
October 2007.
All Construction Information for phase 3 was issued on the 10th of September 2007.
Construction for Phase 3A commenced on the 17th of September 2007. However, it was not
until the 21st of January 2008 when the superstructures were nearly complete, 4 months later,
fig.38 - 7th September 2007 that the contract (JCT 2005 SBC/Q/Scot (Revised May 2006)) covering the work was signed.
Unless there are inescapable
reasons to start work on site Our production information and the contractors construction work was carried out initially
before a contract has been under Letters of Intent from the client. This is not best practice, as Owen Luder points out,
finalised, advise your clients Many contracts are started before the final contract documents are agreed, let alone signed
very strongly against issuing a situation that can lead to arguments later. Not to be recommended unless unavoidable.31
letters of intent. However The problem being that cost and programme and all the other items covered by a contract
well drafted, these are not formally agreed and therefore not necessarily legal obligations as recognised in a court
can soon become the of law. As far as I can gather the clients do not want to sign the contract until all work has
meat for lawyers, who will been tendered and sum completely finalised. On work of this size, and with late variations,
scrutinise their precise some work was not let immediately. Also, I believe, that with both client and contractor being
meaning and what experienced builders, the amendments initially made by the client to achieve a better deal,
should be paid if, for
are subject to lengthy negotiations involving legal advisors on both sides, with neither party
whatever reason, a formal
contract is not agreed. willing to sign until they are fully satisfied over the terms of the final contract.
Pg 40. Small Practices, A guide to
keeping out of trouble, Owen Luder JCT contracts are intended to be read as a whole, and ill conceived amendments can
RIBA Publications 2001.
produce unintended results when construed at law. Ad hoc amendments should be avoided
31 Pg 23. Small Practices, A guide as far as practicabledone only with appropriate professional advice 32 Pg.8 Deciding on the
to keeping out of trouble, Owen appropriate JCT contract Practice Note 2007
Luder RIBA Publications 1999.
42
Part 2 - RIBA workstages H-K Section 5 - Procurement
A similar contract has only recently been signed for phase 3B (the shell and envelope of
blocks A2 and B3) between BAM and AMA.
Given the clients principal criteria for cost certainty, phased traditional contracts with
lump sum fixed prices perform well, allowing fully designed contract documentation,
with high quality specification, to be developed with tight cost control prior to contract
acceptance. The staged contracts allowed the flexibility that the client fully took
advantage of in completing work seen to be most valuable/necessary at the time. As
it turned out, with the work packages being separately billed and tendered, the project
proceeded in a not too dissimilar way to a Management procurement route. The
true cost was not known until all work had been tendered. It is hard to say whether
better value for money may have been achieved through requirements for more use of
competitive tendering, however the system as it was/is provided little incentive for the
fig.39 - 5th November 2007
contractor to achieve low quotes.33
The JCT Code of Procedure for Two Stage Selective Tendering states It should
be noted that designs developed to suit one contractor may not suit others, and
33 The conractor receives 5% of the the advantages of collaboration may be lost34 if the preferred contractor were not
subcontractors fee. to receive the second stage contract. In this way the in-situ contractor maintains
34 Pg.6, Para 9.5 - NJCC Code of considerable leverage providing limited ability for the employer to negotiate the terms of
Procedure for Two Stage Selective the final contract or to force the contractor to agree a guaranteed maximum price. 35
Tendering
As the amount of work was changed through the contract a guaranteed maximum price
35 Building magazine would not have been practicable in this case. However, as the last contracts for the
Procurement: Two-stage tendering
2006 issue 19, Davis Langdon, Simon final phases are started there is no guarantee of future work to act as a carrot and the
Rawlinson contractor may endeavour to recoup all he can out of the current contract.
43
Building a part of the city,
Architectural management of a large residential construction project
44
Part 2 - RIBA workstages H-K Section 6 - Post mobilisation
As the site is so large an extensive health and safety regime is in place. Grosvenor
requested all Oberlanders staff to be CSCS Construction Skills Certification Scheme
registered and BAM require all visitors to complete a formal site induction before being
allowed on the site.
The contractor put in place an electronic data management system (EDMS) for the
job, through which all drawings are issued. The system also stores common project
information, correspondence (i.e. Meeting Minutes, Reports, letters, faxes), contractor
Confirmations of Verbal Instruction (CVIs) and Requests for Information (RFIs).
Certificates and Architects Instructions are uploaded onto the EDMS but also require
a paper copy to be issued to the Client, Contractor and Quantity Surveyor. Interim
certificates are derived from valuations prepared by the Quantity Surveyor on a monthly
basis and account for the increasing contract sum due to additions to the contract.
45
Building a part of the city,
Architectural management of a large residential construction project
fig.41 - 9th february 2008 - Underground car park and A2 lift shaft
fig.42 - 22nd february 2008 view from A2 over B3 first floor slab and car park
6.3 Variations
The client imposed a procedure for the project whereby anybody requiring to
make a variation circulates this around the whole team using a VAR form so that
everyone has the opportunity to pass comment on the variation which can be clearly
monitored and costed appropriately. An Architects Instruction should only be issued
subsequent to everyones approval of the VAR.
A full Value Engineering exercise should not be left later than stage E and ideally
performed by an independent consultant.
Oberlanders should have a stricter system in place to control the extra cost that
fig.44 - Post tension details variations entail.
47
Building a part of the city,
Architectural management of a large residential construction project
fig.45 - block B3 22nd february 2008 fig.46 - block B3 14th March 2008
48
Part 2 - RIBA workstages H-K Section 6 - Post mobilisation
49
Building a part of the city,
Architectural management of a large residential construction project
50
Part 2 - RIBA workstages H-K
The issue of late information was eventually accepted. Although it was at first argued
against; Clause 2.29.6 goes on to say except to the extent caused or contributed by
any defaultof the contractor or any of the contractors persons. As these drawings
had to be produced in conjunction with the window sub-contractors, it could be
fig.51 - block A2 and B 19th August 2008 argued the delay was the contractors own fault. Oberlanders pointed out, in a letter
to the contractors dated the 16th of October 2008, we had only received shop
drawings for comment and approval 3 days before we received the letter citing critical
information delay (a week is usually regarded as reasonable time). As Birkby and
Brough point out, the phrase late information has been considered by the courts
which held that it meant in reasonable time, not necessarily in time to avoid delay
(Percy Bilton vs GLC) 37. They go on to say The fact that a contractor had said that
he required the information by a certain date is not conclusive that there would be
delay if it was not provided on that date37 As such we could also have argued that
because the contractor did not warn us the information was going to cause a delay
fig.52 - block A2 and B 28th October 2008 it falls outside terms of clause 2.29.6. However, in reality contractual arguments are
detrimental to good team working relationships involving trust, respect and friendship,
and therefore the work and are best avoided, as the Latham report points out During
successful projects the contract document is left in the drawer.38
We issued a two week extension of time confirming the contractor was currently
reporting no loss and expense cost implications to the contract. A principle reason
for the inclusion of an extension of time clause in the contract is to allow the employer
to recover liquidated and ascertained (L&A) damages should works not be completed
by the predetermined completion date. Extensions of time do not automatically entitle
the contractor to loss and expense, these are applied for separately under clause
4.23 at the time they are incurred, as Keating points out damages are to compensate
for actual loss and must be proved39. The extension of time we granted was based
on Clauses; 2.29.1 - variations, 2.29.6 - late information, and 2.29.8 - exceptionally
adverse weather conditions (August 2008 saw record breaking rainfall).
38 Pg36 Latham Report
39 Pg.293 Keating on Construction The contractor agreed this would not add any extra cost as overheads are covered by
Contracts, Stephen Furst and Vivian Ramsey. the ongoing work with the rest of the block envelope and fit out contracts following on. If
40 Pg. 53 Extensions of time Explained, we had not responded the contractor may claim time has become at large so that he
Gillian Birkby and Paul Brough. is obliged only to complete within a reasonable time.40
53
Building a part of the city,
Architectural management of a large residential construction project
7.0 - Conclusion
I first became involved with Oberlanders at an interesting juncture when this
project landed on the offices desks, I feel my professional development has
benefited immensely from it and the many knowledgeable people involved in it.
Through the course of its ups and downs, it has been a real eye opener into the
nature of the industry and its wider context within the economy of the nation.
fig.55 - block A2, 20th
October 2008 The project was of course tough for Oberlanders, the large developer clients
could be very demanding, BAM is a massive organisation, with huge resources
and can sometimes be quite aggressive. However through good teamwork
the individuals involved made it come together successfully with only minor
problems. The opportunity for continual improvement in efficiency through the
phases is realising, achieving a high quality standard, to the clients satisfaction.
55
Building a part of the city,
Architectural management of a large residential construction project
That the work was staged helped us greatly, we would have had to
become a much bigger practice had it all been procured in its entirety, with
one contract.
Within the parameters of this study the project was subject to close
scrutiny. That so few deviances from best practice were found, shows that
the job was run very professionally and I believe the large number of very
experienced personnel got things right. The two recommendations I would
highlight are:
fig.57 - Detailed planning application Given the nature of the job and bearing in mind the buoyant market at the
visualisation February 2007 time, the two stage tendering was a good solution ensuring contractor
commitment. However the partnering agreement remained somewhat
ambiguous and more value for money may have been gained had formal
empowerment, for instance through the use of the JCT Partnering Charter
(Non-Binding) including gain sharing / painsharing and performance
indicators.
57
Bibliography
References
Pg.11 - pg.7 Old Edinburgh views form above, John A Jones, Pg.21 - pg.23 Small Practices, A guide to working with
Stenlake Publishing, 2002. Pg.21. consultants, Neil Parkyn, RIBA Publications 2000.
Pg.17 - pg.8 A clients Guide to Engaging an Architect, Revised Pg.33 pg.9 - Homes for the future: more affordable, more
May 2004, RIBA Publications. sustainable HMSO 2007, http://www.communities.gov.uk/
publications/housing/homesforfuture
Pg.17 - RIBA Outline Plan of Work 2007, RIBA Publications 2007
Pg.36 The DDA Act 1995
Pg.18 and pg.34 - JCT SBC/Q/Scot 2005
Pg. 38 - Small Practices, A Guide to Sound Practice. Stanley
Pg.19- pg.9 A clients Guide to Engaging an Architect including Cox RIBA Publications 2002.
Guidance on Fees, Updated April 2000, RIBA Publications.
Pg.39 and 53 - pg 62 and pg.36 Constructing the team Sir
Pg.21 - pg.129 The Architect in Practice, 9th edition, Chappell, D. Michael Latham, Final Report July 1994, HMSO, Referred to
& Willis, C. Oxford: Blackwell Science, 2005. as The Latham Report
Bibliography
Pg.39 - pg.3 Deciding on the appropriate JCT contract, JCT Project related
Practice Note 2007.
Along with emails, letters and the drawings in the job files,
Pg.42 - pg.23 Small Practices, A guide to keeping out of disucsisons with Andrew Wilmot and Marion Ross Leitch of
trouble, Owen Luder RIBA Publications 1999. Oberlanders Architects LLP and interview with Bruce Carhill of CBA
on the 22nd of October 2008. I also referred to the following project
Pg.42 - pg.40 Small Practices, A guide to keeping out of documentation:
trouble, Owen Luder RIBA Publications 2001 Edition.
The Development Brief.
Pg.42 - JCT 1998 PN 4/01 Practice Note 4 Partnering Joint
Contracts Tribunal Limited 2001 The Contract - JCT SBC/Q/Scot 2005 - Joint Contracts Tribunal
Standard Building Contract With Quantities for use in Scotland
Pg.43 - NJCC Code of Procedure for Two Stage Selective 2005 edition (Revised May 2006)
Tendering, RIBA Publications 1996 Schedule Part 9 and Appendix 4 (client amendments)
Pg.43 - Building Magazine 2006 Issue 19, Davis Langdon, The appointment documents.
Simon Rawlinson, article titled Procurement: Two-stage
tendering. Also on the internet at http://www.building.co.uk/ Ecodyn Ecohomes report.
story.asp?storycode=3067103
Planning and Building Warrant approvals.
Pg.51 and 53 - Extensions of time Explained Gillian, Birkby and
Paul Brough RIBA Press 1999. The Architects Instructions.
Pg.53 - Keating on Construction Contracts, Stephen Furst and The Interim and Practical Completion certificates.
Vivian Ramsey, London 2006.
59
Building a part of the city,
Architectural management of a large residential construction project
Rough Guide to Sustainability, 2nd edition, Brian Edwards,RIBA JCT SBC/G Standard Building Contract Guide
Enterprises, 2005.
JCT contract Practice Note 2007 Deciding on the appropriate,
Part 3 Handbook, Stephen Brookehouse. RIBA Publishing 2007. Sweet & Maxwell Limited 2007.
60
Appendix 1
fig.59 - Oberlanders fee split matrix march 2008, these types of charts were revised and reissued every month. 61
Building a part of the city,
Architectural management of a large residential construction project
Appendix 2
62
Appendix 2
63
fig.60 - Extract of City of Edinburgh Council Tram Developer Contributions
document showing areas affected by the tram levy. The green dot shows
the location of the project.
Appendix 3
Appendix 3
The city council planning department is the foremost way through which the
government controls development in the UK. The national planning framework and
Scottish Planning Policies (updating National Planning Policy Guidelines as they
are released) instigate broad spatial strategies, effecting how development plans
for particular localities are articulated, these development plans affect the statutory
permission required for any carrying out of building, engineering, mining or other
operations in, on, over or under land, or the making of any material change in the
land use 1 S26 Town and Country Planning (Scotland) Act 1997.
SPP1 gives support (Paragraph 41) for using supplementary planning guidance
to set out requirements for development contributionsThe finalised Edinburgh
and Lothians Structure Plan 2015 (approved on 17 June 2004) states in paragraph
5.10 The construction of a tram system in Edinburgh is crucial to the success of
the development strategy. Policy TRAN 5 requires local plans to include policies
to ensure that new development, inter alia, encourages travel by public transport
and contributes to the cost 2 Pg.1 CITY DEVELOPMENT PLANNING DEVELOPMENT QUALITY
HANDBOOK Tram Developer Contributions Approved 8 September 2004 http://download.edinburgh.gov.uk/
DQ_Guidelines/Tram_Developer_Contr.pdf
SPP1 is the first in a new series of planning policy documents to be issued by the
Scottish Executive and updates NPPG1: The Planning System published in 2000.
Existing NPPGs have continued relevance to decision making, until such time as they
are replaced by a SPP. 3 Pg1. NPPG 1 The Planning System (with changes tracked) revised April 06,
2006. http://www.scotland.gov.uk/Resource/Doc/47007/0026444.pdf
65
Building a part of the city,
Architectural management of a large residential construction project
Appendix 4
The contract particulars
Clause 1.1 states the Base date as the 6th of August 2007
66
Appendix 4
Section 1 (block A2 frame) and section 2 (B3 frame), 27th June 2008,
section 3 (remainder) May 6th 2009.
Clause 4.19 Contractors retention bond does not apply. This is due to
the fact that the superstructure will be completely covered by the time
the envelope and fitout are complete
Clause 6.7 Insurance option B was chosen where employer takes out
and maintains a joint name policy.
The Oberlanders team, from left to right; Shane Murphy, Andrew Wilmot, Marion Ross Leitch, Charlotte Newton, Andrew Stevens, Andrew Lee and the author
68