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Building a part of the city,

A study into the architectural management of a large residential construction project. Professional Case Study

Submitted in Partial Fulfilment of the APEAS Examination in Professional Practice & Management (Part III) 2008

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

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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.

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Building a part of the city,

Architectural management of a large residential construction project

4 fig.3 - Aerial photo showing the Fountain North site boundary


Contents

Contents Part 1 RIBA Workstages A - G

Part 2 RIBA Workstages H - K

1.0 - Executive summary pg.9

5.0 - Procurement pg.37

2.0 - Introduction pg.11

2.1 - A brief timeline of the project pg.12

5.1 - Tender pg.38 5.2 - Contracts, how the works start pg.42

6.0 - Post mobilisation pg.45

3.1- Architects office pg.14 3.2 - Client pg.15 3.3 – Inception pg.15 3.4 – Appointments pg.16 3.5 – The Design team pg.20

6.1 - Health and Safety pg.45 6.2 – Quality Control pg.45 6.3 – Variations pg.47 6.4 - Value Engineering pg.47 6.5 - Subcontractor designed portions drawings approvals pg.49 6.6 – Issues of Delay pg.51 6.8 – Project Completion and handover pg.55

4.0 - Regulatory Issues pg.23

7.0 - Conclusion pg.55

3.0 - Project Environment pg.14

4.1 - Outline Planning Application pg.23 4.2 - Public Realm Application pg.31 4.3 - Detailed Planning Application pg.31 4.4 - CDM regulations pg.34 4.5 - Building regulations pg.35 4.6 - DDA provisions pg.36

Bibliography pg.58 Appendix 1 Fee Matrix pg.61 Appendix 2 Project Team pg.62 Appendix 3 Developer Contributions pg.64 Appendix 4 Contract Particulars pg.66

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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.2 - Visualisation by author for the planning application update February 2007 pg.4 - fig.3 - Aerial photo with addition of Fountain North site boundary by author pg.7 - fig.4 - Visualisation by author for the planning application update February 2007 pg.8 - fig.5 - EDAW and Oberlanders masterplan overlay onto aerial map. pg.10 - fig.6 - Extract from Building Design Issue 1763, Friday March 23rd 2007 pg.11 - fig.7 - Historical aerial photo, Pg.21 ‘Old Edinburgh views form above’ John A jones Stenlake Publishing Glasgow 2002. pg.11 - fig.8 - EDAW and Oberlanders masterplan with phases highlighted. pg.11 - fig.9 - Sketch computer model by author of Block B3 in context. pg.12 - fig.10 - Sketch computer model by author of Block B3 in context. pg.12 - fig.11 - Underlay, Oberlanders and EDAW production information. pg.15 - fig.12 - Photo of St.Vincent Place comissioned by Oberlanders pg.13 - fig.13 - Oberlanders initial masterplan proposal. pg.15 - fig.14 - Visualisation by CGI Media Ltd of Outline Planning proposal. pg.21 - fig.15 - Photo by author of Edinurgh springside cab. pg.22 - fig.16 - City of Edinburgh Council ‘Development Brief’ extract pg.23 - fig.17 - Photo by author of tenement on Fountainbridge pg.23 - fig.18 - EDAW montage of proposed impact on Fountainbridge pg.24 - fig.19 - Extract of EDAW and Oberlanders master plan pg.25 - fig.20 - Outline Application sketches by EDAW pg.26 - fig.21 - Photo by contractor on site February 2007 pg.26 - fig.22 - Photo by contractor on site March 2007 pg.26 - fig.23 - Photo by contractor on site April 2007 pg.26 - fig.24 - Photo by contractor on site August 2007 pg.27 - fig.25 - Photo by contractor on site december 2006 pg.27 - fig.26 - Photos by contractor of Upper Grove Place pg.28 - fig.27 - Extract of EDAW and Oberlanders master plan pg.29 - fig.28 - Outline Application sketch by EDAW pg.30 - fig.29 - Visualisation by the author for the planning application pg.31 - fig.30 - EDAW Public Realm Application drawing.

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pg.33 - fig.31 - Visualisation by CGI Media Ltd of block A2. pg.34 - fig.32 - Panoramic view of site by contractor 5th May 2007 pg.36 - fig.33 - Panoramic view of site by contractor 5th May 2007 pg.40 - fig.34 - The demolition in progress on site 1st of January 2007 pg.40 - fig.35 - Photo by contractor on site 7th August 2007 pg.40 - fig.36 - Photo by author on site 17th August 2007 pg.41 - fig.37 - Photo by author on site 17th August 2007 pg.42 - fig.38 - Photo by author on site 7th September 2007 pg.43 - fig.39 - Photo by contractor on site 5th November 2007 pg.44 - fig.40 - Photo by contractor on site 14th December 2007 pg.46 - fig.41 - Photo by author on site 9th february 2008 pg.46 - fig.42 - Photo by author on site 22nd february 2008 pg.46 - fig.43 - Photo by author on site 28th february 2008 pg.47 - fig.44 - Photos by author on site 28th february 2008 pg.48 - fig.45 - Photo by author on site 22nd february 2008 pg.48 - fig.46 - Photo by author on site 28th february 2008 pg.49 - fig.47 and 48 - Photos by author on site 14th November 2008 pg.50 - fig.49 - Photo by contractor on site September 2008 pg.51 - fig.50 - Photo by author on site 25th July 2008 pg.51 - fig.51 - Photo by author on site 19th August 2008 pg.51 - fig.52 - Photo by author on site 28th October 2008 pg.52 - fig.53 - Photo by author on site 20th October 2008 pg.54 - fig.54 - Photo by author on site 24th November 2008 pg.55 - fig.55 - Photo by Oberlanders on site 20th October 2008 pg.56 - fig.56 - Visualisation by author for the planning application pg.57 - fig.57 - Visualisation by author for the planning application pg.57 - fig.58 - Photo by Oberlanders on site 14th November 2008 pg.61 - fig.59 - Fee spread sheet extract from job files pg.64 - fig.60 - Extract of City of Edinburgh Council Tram Developer Contributions


Acronyms

Acronyms AMA ARB CDM DDA HSE JCT SBC/Q/Scot LLP NHBC NJCC PAN PEDR RIAS RIBA RICS SCA/2000 SUDS Workstage

AMA (New Town) Ltd Architects Registration board Construction (Design & Management) Regulations 2007 Disability Dicrimination Act 1995 Health and Safety Executive Joint Contracts Tribunal Standard Building Contract With Quantities for use in Scotland Limited Liability Partnership National House-Building Council National Joint Consultative Committee for Building Planning Advice Note RIBA Professional Experience and Development Record Royal Incorporaton of Architects in Scotland Royal Institute of British Architects Royal Institution of Chartered Surveyors Scottish Conditions of Appointment of an Architect 2000 [RIAS, 2000] Sustainable Urban Drainage Systems As per the RIBA ‘Outline Plan of Work’

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Building a part of the city,

Architectural management of a large residential construction project

Haymarket

e

ridg

B tain

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Fou

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Ap

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Bruntsfield

8 fig.5 - Outline application proposal


Section 1 - Executive Summary

1.0 Executive summary The objective of this case study is to form an investigative report, recording, analysing and drawing personal conclusions on the methods employed during an active contract for a large and complex urban residential project with an experienced and demanding client. I intend to analyse the project through RIBA work stages A-K and explore the chosen procurement route, appointment documentation and administration strategy, questioning whether the decisions made were the most appropriate solutions with regard to best practice. Through these investigations two main topics arose: The complex process of navigating a project of this size through statutory requirements. The two stage tendering process and partnering philosophy of procurement involved, and results of its use in practice.

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Building a part of the city,

Architectural management of a large residential construction project

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fig.6 - Building Design Issue 1763, Friday March 23rd 2007.


Part 1 - RIBA workstages A-G

Section 2 - Introduction

2.0 - Introduction Background information

fig.7 - Historical aerial photo of Fountain North site, August 1930.

fig.8 - Outline Application masterplan showing Oberlander administered phases. Block B3

The development at 194 Fountainbridge in Edinburgh is a major project to redevelop a large redundant industrial site previously owned by Scottish & Newcastle (hereinafter S&N). The budget for the whole project was originally approximately £200 million with roughly £12 million for the first construction phase1 I will be looking at. Due to the current economic downturn originally anticipated subsequent phases have been put on hold. The project as it stands includes; 240 residences, a park space with a playground, fed by new tree lined streets linking Fountainbridge and the Western Approach Road. 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 m², containing 45 flats of varying sizes. The building has a concrete structure with post-tensioned floor slabs above ground and steel frame on the fifth floor. The envelope is predominantly a lightweight steel frame system inner leaf with brick outer leaf. 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.

fig.9 - B3 within the development.

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.

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Building a part of the city,

Architectural management of a large residential construction project

2.1 - A brief timeline of the 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. fig.10 - Block B3 within the development

4th February 2004 Oberlanders appointed by the joint venture to prepare the Outline Planning Application on behalf of the joint venture and S&N after successful bid, interview process and presentation. 14th of January 2005 Outline Planning Application submitted (ref: 05/00106/OUT). 4th December 2006 Demolition Works begun. 11th of December 2006 Outline Planning consent received. 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.

2“The Roads (Scotland) Act 1984

provides for developers to seek Road Construction Consent (RCC) before building new roads. Once RCC is granted, the developer has a right to have the road adopted by the local authority.� pg.7 PAN 76 http://www.scotland.gov.uk/ Resource/Doc/76169/0019017.pdf

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19th March 2007 submitted Staged Building Warrant application 2, drainage. 2nd April 2007 submitted Staged Building Warrant application 3, superstructure. 30th April 2007 submitted Staged Building Warrant application 4, envelopes and internal layout. 4th June 2007 Public Realm Planning application and landscaping application granted consent. 9th July 2007 Demolition works complete.


Part 1 - RIBA workstages A-G

Section 2 - Introduction

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. 17th September 2007 Phase 3A construction commences. Substructure and retaining walls B3 and A2 started. 1st October 2007 excavations for underground Car park started. 21st January 2008 the Phase 3A contract signed. 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. 20th October 2008 sectional completion of A2 for phase 3B (Including 2 week extension of time). 17th of November 2008 sectional completion of B3 for phase 3B (Including 2 week extension of time). 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

3.0 - Project environment 3.1- Architects office: Oberlanders Architects LLP 16 Melville Street, Edinburgh, Scotland, EH3 7NS.

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:

3 The partners have decided to be known as such though the provisions of the LLP legislation formally describes them as ‘members’ of the LLP

4 We are not ISO 9001 accredited as the partners are of the view this accreditation would require more bureaucratic work than the benefits would warrant for our size of practice and that the chartered status of the practice already provides ample quality assurance.

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3 partners 3

4 RIBA Part II architectural graduates

1 senior associate

1 interior designer

2 associates

2 R.I.B.A. Part I architectural assistant’s

4 architects

2 secretaries

1 senior architectural technician

1 part-time librarian

The practice has a Quality Management System and Office Quality Policy Manual4. The computer program, Archetype, is used as a quality management tool through which all correspondence / drawings / minutes / Certificates, staff time sheets, site visits, meeting rooms and office equipment bookings etc are recorded.


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. fig.12 - St Vincent Place, New Town Edinburgh. The building on the left designed by Oberlanders for AMA.

We have previously been employed by both parties, having completed Saint Vincent Place and the Afshar house with AMA, and the Fleming Building at the Bush Estate with Grosvenor.

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 m² with a mix of:

fig.13 - Initial Oberlanders proposal, the crescent a historical nod to the route of the train line

Residential for sale: Affordable housing: Offices: Hotel, retail & leisure: Medical centre & crèche:

53% 9% (25% of residential units) 17% 19% 2%

The clients bid to S&N for purchase of the site (conditional to obtaining Outline Planning Application approval) was successful and we were appointed by FN Ltd on the 4th of February 2004 through an exchange of letters to prepare the application. 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 - Architect’s 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: £75 £65 £60 £58 £45 £65 £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. Partner Senior Associate Associate Architect Architectural Graduate Senior technician Technician

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Part 1 - RIBA workstages A-G

Section 3 - Project Environment

3.4.1 - Outline planning application appointment “Unless they are inappropriate, use the RIBA forms of Appointment” 6 Pg.9 - Owen Luder, A Guide to Keeping Out of Trouble 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 year’s 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.

7 Pg. 8 - A Client’s Guide to Engaging an Architect 2004 Edition

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Building a part of the city,

Architectural management of a large residential construction project

3.4.2 - Detailed planning application appointment 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 architect’s control. On the 6th of July 2006 the schedule of services was agreed and the documents were signed and formally confirmed.

3.4.3 – Construction phase appointment:

8 The NHBC is the

standards setting body for the new homes industry and independent warranty provider for new and newly converted homes in the UK.

9 Page 2 First recital of Phase 3A JCT SBC/Q/Scot 2005.

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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 landscaping”9, is covered by a bespoke appointment as described above with Fountain North Ltd signed on the 26th of April 2008 for a 3.75% fee. Phase 3B (Contract sum: £3,221,800.58) involving: The complete building envelope of blocks A2 and B3 and internal pre-cast stairs, is covered by a similar bespoke appointment with AMA signed on the 12th of May 2008 also for a 3.75% fee. Phase 3C, the fit out of A2 and B3, our appointment with AMA remains unsigned, though fit out production information is being progressed.


Part 1 - RIBA workstages A-G

Section 3 - Project Environment

3.4.4 - Appraisal of Appointment 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 it’s 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.

fig.14 - Visualisation of final outline proposal massing

Residential Commercial / office Student residences Retail

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 phase. We receive payment regularly from the clients as programmed instalments 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 have changed some of the work, for instance requesting a nominal element 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 RIBA’s ‘A clients guide to engaging an architect including guidance on fees’ of April 2000, indicative fees are no longer published by the RIBA.

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Building a part of the city,

Architectural management of a large residential construction project

3.5 – The Design team The following is a list of the consultants involved with Springside, for further details about these firms please consult Appendix 2. Quantity Surveyor:

CBA Quantity Surveyors Limited

Structural Engineer:

Goodson Associates Limited

Road and highways consultants:

Goodson Cole Transportation Associates Limited.

Mechanical and Electrical Engineer: Blackwood Partnership

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Landscape Architect:

EDAW PLC

Main contractor:

BAM Construction UK Ltd (Before rebranding on October 7th 2008 known as HBG Construction Scotland Ltd)

CDM coordinator:

Peter Graham & Partners

Acoustic Consultant:

Robin Mackenzie Partnership

Fire Engineering Consultant:

JGA Fire Engineering Consultants

Security consultants:

SES Strategies Limited


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 didn’t expect to be finding ourselves designing the below podium slab drainage layout, not being experts on the matter, but Blackwood’s and Goodson’s had written it out of their appointment and although it wasn’t 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, meetings…should 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

fig.15 - Edinburgh springside cab

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.

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Building a part of the city,

Architectural management of a large residential construction project

22 fig.16 - Development brief extract


Part 1 - RIBA workstages A-G

Section 4 - Regulatory Issues

4.0 - Regulatory Issues 4.1 - Town Planning “Planning is fundamental in shaping our cities, towns and rural areas. It also has a pivotal role in achieving the five objectives of a wealthier and fairer, healthier, safer and stronger, smarter and greener Scotland.” 13 http://www.scotland.gov.uk/topics/built-environment/planning 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.

4.1.1 – Outline and Public Realm Applications

fig.17 - Tenement on Fountainbridge

fig.18 outline proposal massing photo montage

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 streets. Historic Scotland were keen to point out the value of the neighbouring Frederick 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. 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

In terms of land use the council planning department encouraged a balanced, broad mix of uses with approximately 50% residential. Each new residential development must provide a certain percentage to be affordable housing, dependent on the local council. In this case it should have been 25%, but was negotiated down to 22.5% by the clients on grounds of the quality of the public realm proposed and the council’s high aspirations for the area. fig.20 - Outline Application sketch

Through discussions with City of Edinburgh Council Transportation the design developed such that one, pedestrian friendly road designed to serve and service the site, creates a loop from Upper Grove Place back round to Brandfield Street, with the primary vehicular link positioned over the Lochrin Sewer (for ease of its future maintenance) giving access onto the Western Approach Road. A Section 75 Agreement14 was attached to the Planning Consent and included the developer contributions that the council requires. Charges came to £1.2 million because the development is within 500 metres of tram route line two and therefore comes under an extra levy, known as the ‘Tram Developer Contributions’. Please see Appendix 3 for council map and relevant legislation.

14 A section 75 Agreement

is a bespoke legal document employed by the council to articulate project specific requirements.

A firm of public relations consultants Weber Shandwick was employed to deal with the community and explain and promote the development. One neighbour still uses his own website to criticise the project, see www. gardyloo.org. Oberlanders notified the neighbours of the planning application submission by post, relevant objections were then published along with the determination of the application (see the planning portal http://citydev portal. edinburgh.gov.uk/portal/portal.jsp). 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

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fig.24 - Fountain north site August 2007


Part 1 - RIBA workstages A-G

Section 4 - Regulatory Issues

4.1.1.2 - Environmental Sustainability “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. Blackwood’s commissioned Integrated Environmental Solutions (IES) Ltd to produce site shadow analysis patterns for the developing proposals. fig.25 - Fountain north site december 2006

Goodsons incorporated SUDS into the design of the Public Realm application. The porous paving allows rainwater run off to be naturally filtered through pebbles and in this case a large attenuation tank, before being allowed back into the drainage network. 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

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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

4.1.1.8 – Appraisal of Outline Planning Application 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.

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Building a part of the city,

Architectural management of a large residential construction project

30

fig.29 - Early visualisation from Fountainbridge towards the western Approach Road


Part 1 - RIBA workstages A-G

Section 4 - Regulatory Issues

4.2 – Public Realm Application The Public Realm Application was submitted by EDAW upon granting of the Outline Planning Consent. Many of the trees anticipated in the outline planning application had to be omitted as they were seen by City of Edinburgh Council as being obstructions to both lighting and fire services.

4.3 Full Detailed Planning Consent Fig.30 - Anticipated Public Realm

16 These parts of the project were all

Reserved Matters applications as they came in line with the massing approved at outline application, block A2 was different as it exceeds the eaves height

There were a number of applications submitted covering the various blocks, as this case study focuses on block B3 I shall describe the submission relevant to it, which also includes the rest of B block, block C1 and the underground car park 16. At regular intervals during the design development CBA were asked to produce cost plans, initially these revealed the project to be out of line with the client’s budgetary requirements. The design was modified to suit and in this way the project developed through a careful balance of quality and cost.

4.3.1 – Neighbour objections Weber Shandwick continued keeping neighbours informed on latest developments, producing leaflets and convening community meetings. Neighbours directly adjacent our proposed continuation of the street had to reposition their flue outlets adjacent our new party wall, they were warned well in advance and the clients reimbursed them for these works.

31


Building a part of the city,

Architectural management of a large residential construction project

4.3.2 - Environmental Sustainability “Fifty percent of all resources consumed across the planet are used in construction, making it one of the least sustainable industries in the world” 17 Pg.3 Brian Edwards, Rough Guide to Sustainability 2nd Edition RIBA Enterprises 2005 London

A full sustainability report from Blackwood’s was commissioned to be the principal influence on the detailed environmental design of the buildings. Although we looked into numerous measures including passive solar gain, rainwater harvesting and energy efficient building envelopes18 these failed to materialise due to cost implications. We have provided: • • • • •

32

Minimised water consumption through aerated taps and showers, low flow dual flush WC’s. Water filtration and attenuation reducing impact of water run off. Lights and appliances achieving high energy efficiencies. Priority to pedestrians and cyclists The contractor is part of the ‘Considerate Contractors Scheme’. Actively engaged in minimisation of negative effects on the environment during construction.

18 the Ecodyn ‘Ecohomes report’ recommended a 15% improvement to regulation U-values


Part 1 - RIBA workstages A-G

Section 4 - Regulatory Issues

4.3.3 - Appraisal of Full Detailed Planning Consent We submitted the final detailed planning application on the 15th of January 2007. Block B was approved at City of Edinburgh Council Committee on the 1st of August 2007 with conditions, including:

fig.31 - CGI Media Ltd’s visualisation of block A2 seen from over the Western Approach Road

• •

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 façade, to suit better the pattern of its tenemental neighbours, with zinc cladding mimicking slate roof.

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.

19 pg.9 - “Homes for the future: more affordable, more sustainable” HMSO 2007, http://www.communities.gov.uk/ publications/housing/homesforfuture

33


Building a part of the city,

Architectural management of a large residential construction project

4.4 - CDM regulations The CDM regulations, updated in 2007, devised by the government to curb the large amount of injuries and fatalities to which the construction industry is prone, put a number of obligations on all involved in the industry.

20 The original CDM Co-ordinators

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. Initial Health and Safety concerns ranged from the possibility of residual asbestos, to pinpointing ventilation shafts of several disused wells on site 21.

21 Job file email refering to the

At detailed design stage the onus was on the whole design team with ourselves as lead consultants to eliminate, reduce, inform others about and control all risk within the design. Health and Safety plans and reports were prepared for each of the various demolition and construction phases. The site health and safety regimes are touched upon in section 6.1

Reiach and Hall architects (known as PLanning Supervisors at the time under the previous 1994 regulations) were replaced with Peter Graham and Partners after Outline Planning application consent.

“Records of Wells� from the Geological Survey of Great Britain 1835 and a tunnel on the 1896 plan

Upper Grove Place

34 fig.32 - Panoramic view of West side of site 5th May 2007

Site of block B3


Part 1 - RIBA workstages A-G

Section 4 - Regulatory Issues

4.5 - Building regulations: A ‘Demolition Warrant’ was obtained by the structural engineers for phase 1. Each subsequent construction phase had its own staged Building Warrant applications22. Block B3 has four separate submissions, 3 of these (The substructure / piling, the drainage works and the superstructure) are self certified by the engineers. The submissions were split for flexibility and to speed up the process, allowing work to progress on the self-certified elements (approved early) while waiting for consent of the internal layouts. We requested relaxation of the regulations for a set of automatically opening vent windows, less than 2m away from neighbouring resident’s windows. The car parks natural ventilation system had to be supplemented with induced natural ventilation (impulse fans) as it did not comply with Building Regulations natural ventilation provision requirements23. Additional ventilation voids in the podium slab were not suitable as they would have had visual, acoustic and exhaust fume implications at entrances and main elevations.

22 The total fees due to Building Control for all the applications was £90 000 23 As shown by Strathclyde University’s 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

4.6 - DDA provisions: The DDA Act 1995 makes discrimination against disabled people illegal. Within the project the following provisions have been made:

36

Level access to all ground floor residences and egress space at escape stair.

Lifts providing access to all floors.

Doorways achieving a minimum 800mm clearance.

Visibly distinct entrances and tactile paving.

Though there are slight but distinct level changes through the site, steps are supplemented with ramps and sloping ground to allow access to all zones for all potential visitors and habitants.

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 client’s 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. Western Approach Road

Site of block A2

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

The clients decided to take a two-stage tendering approach. A single main partnering contractor was selected to engage with the Design Team very early, at outline planning application stage, and was subsequently awarded the contracts once the production information was progressed. A questionnaire25 was issued in April 2004 and interviews held with 4 contractors (BAM, Balfour Beatty, Sir Robert McAlpines and Laing O’Rourke) 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, continuity of site personnel, partnering agreements, examples of pre/post contract involvement, tender price versus final project cost and negotiated versus tendered work.

26 See section 6.4 Value engineering 38

1 - Time and cost savings through contractor’s assistance in developing the design. 2 - Minimised risk through contractor’s advice on buildability and sequencing. 3 - A greater degree of transfer of risk to the contractor by involvement with ground and site investigation.


Part 2 - RIBA workstages H-K

“Where partnering is used over a series of construction projects, 30% savings are common and a 50% reduction in cost and an 80% reduction in time are possible in some cases.” Pg.12 The Egan Report 1998, Rethinking Construction

Section 5 - Procurement

5.1.1 The ‘Partnering Agreement’ “Any partnering arrangement should include mutually agreed and measurable targets for productivity improvements.” 27 The Latham report BAM are a partnering contractor with the client, having everything in place to carry on construction they will probably carry out all the subsequent phases. However there is no real formal partnering document in place; it is a ‘gentlemen’s agreement’, existing in exchanges of letters and in so far as there is a signed common user services agreement between both parties. There were no formal systems for monitoring how the work benefited from this partnering, no targets in place or particular partnering objectives. To add value for money the JCT Partnering Charter (Non-Binding), could have been employed where:

The Latham Report

“The signatories agree to act: • in good faith; • in an open and trusting manner; • in a co-operative way; • in a way to avoid disputes by adopting a ‘no blame culture’; • fairly towards each other; and • valuing the skills and respecting the responsibilities of each other.”28

28 Pg.3 The JCT Partnering Charter (Non-Binding) 2005

The Charter is a formal document and provides for “objectives being measured against performance indicators.” 28

27 Pg 62, Recommendation 19

39


Building a part of the city,

Architectural management of a large residential construction project

fig.34 - The demolition in progress on site1st of January 2007

fig.35 - Site 7th August 2007

fig.36 - Site 17th August 2007

40


Part 2 - RIBA workstages H-K

Section 5 - Procurement

5.1.2 Tender appraisal The billing and tender packages issued before construction provided the means of calculating the initial contract sum. The quantity surveyors take information from billing drawings, in this case split into ‘work packages’, and use the SMM7 (Standard Method for Measurement published by the RICS) to calculate an approximate cost. Once this is approved by the client, the drawings are marked tender and sent to the contractor who (for phase 3) competitively tendered the work to a number of subcontractors. The subcontractors that passed the tender cleansing process29 became ‘preferred sub contractors’ and were then asked for an ‘uplift’ quote for subsequent phases, making valuations more accurate. Subsequent quotes can then be compared to the uplift figure and, if found within the cost plan, accepted. This saves the work of undergoing the tender procedure again. The tenders came in over the cost plan budgets and cost savings were required by the client as described later in section 6.4. Interviewing our quantity surveyor Bruce Cargill I am of the understanding that an uplift quote was not given as the contractors argued that it was impossible to predict an accurate uplift under the market situation at the time (with steel and other material price fluctuations), subsequent phases were priced through negotiation. Phase 4 and 5 came in on budget apart from phase 5A, block C2. Livingston Mechanical’s 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. 29 Consisting principally of CBA fig.37 - 17th August 2007 Britains biggest piling rig commences work on block B3

and BAM’s own quantity surveyors qualifications.

41


Building a part of the city,

Architectural management of a large residential construction project

5.2 - Contracts, how the works start Contract- (n.) A formal writing which contains the agreement of parties, with the terms and conditions, and which serves as a proof of the obligation.” 30 The Oxford Dictionary 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.

fig.38 - 7th September 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, 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 before a contract has been finalised, advise your clients very strongly against issuing ‘letters of intent’. However well drafted, these can soon become the meat for lawyers, who will scrutinise their precise meaning and what should be paid if, for whatever reason, a formal contract is not agreed.”

Our production information and the contractors construction work was carried out initially under Letters of Intent from the client. This is not best practice, as Owen Luder points out, “Many contracts are started before the final contract documents are agreed, let alone signed – a situation that can lead to arguments later. Not to be recommended unless unavoidable.”31 The problem being that cost and programme and all the other items covered by a contract are not formally agreed and therefore not necessarily legal obligations as recognised in a court of law. As far as I can gather the clients do not want to sign the contract until all work has been tendered and sum completely finalised. On work of this size, and with late variations, some work was not let immediately. Also, I believe, that with both client and contractor being experienced builders, the amendments initially made by the client to achieve a ‘better deal’, are subject to lengthy negotiations involving legal advisors on both sides, with neither party willing to sign until they are fully satisfied over the terms of the final contract.

31 Pg 23. Small Practices, A guide

“JCT contracts are intended to be read as a whole, and ill conceived amendments can produce unintended results when construed at law. Ad hoc amendments should be avoided as far as practicable…done only with appropriate professional advice” 32 Pg.8 Deciding on the

Pg 40. Small Practices, A guide to keeping out of trouble, Owen Luder RIBA Publications 2001.

to keeping out of trouble, Owen Luder RIBA Publications 1999.

42

appropriate JCT contract Practice Note 2007


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. The contract was supplemented with a Schedule Part 9 incorporating Amendment 1, April 2007, updating the contract to take into account the new CDM regulations, and also has a number of other amendments to the standard form, including those of most interest listed in Appendix 4.

5.2.1 - Appraisal of Procurement

fig.39 - 5th November 2007

33 The conractor receives 5% of the subcontractors fee. 34 Pg.6, Para 9.5 - NJCC Code of Procedure for Two Stage Selective Tendering

35 Building magazine

Procurement: Two-stage tendering 2006 issue 19, Davis Langdon, Simon Rawlinson

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 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 the advantages of collaboration may be lost”34 if the preferred contractor were not to receive the second stage contract. In this way the “‘in-situ’ contractor maintains considerable leverage providing limited ability for the employer to negotiate the terms of the final contract or to force the contractor to agree a guaranteed maximum price.” 35 As the amount of work was changed through the contract a guaranteed maximum price would not have been practicable in this case. However, as the last contracts for the final phases are started there is no guarantee of future work to act as a carrot and the 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

fig.40 - Site 14th December 2007

44


Part 2 - RIBA workstages H-K

Section 6 - Post mobilisation

6.0 - Post mobilisation 6.1 Health and Safety The early appointment of the CDM co-ordinators ensured that the health and safety plans were detailed enough to provide the rigorous measures necessary to protect everyone on site. 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.

6.2 – Quality Control The main method of administration and monitoring of the site work is through fortnightly technical and progress meetings. Perhaps unusually for a job of this size, a site based Clerk of Works was not employed. Sample panels of certain important elements are provided for inspection and regular site inspections are conducted. 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 (CVI’s) and Requests for Information (RFI’s). 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

46

fig.43 - 28th february 2008


Part 2 - RIBA workstages H-K

Section 6 - Post mobilisation

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 everyone’s approval of the VAR.

6.4 - Value Engineering There were value engineering decisions taken post competitive tender to omit screed, thin down steel section sizes of the balustrades, remove timber packers and simplify the canopy roof detail due to tenders coming in over budget as mentioned in section 5.1 and 5.1.2. The balustrade metal sizes, as advised by the structural engineers were reduced after a sample panel was agreed by the whole team to be oversized and hazardously heavy. The other decisions could have been flagged up earlier by the contractors within their advisory role at the first stage of their employment, pre-tender. They demanded substantial revision work and put us on the back foot with regards to issue of this information. To make matters worse we did not properly fee these additional services (Clause 15 ’Additional Services’ of our appointment does provide for additional work to be remunerated but only to an agreed limit). The ongoing work and goodwill towards the clients in the hope of attaining future phases and projects went some way in allowing us to subsidise the extra work ourselves. However I feel that these cost saving exercises did not achieve as much of a saving as they might, had they been anticipated earlier and been competitively tendered. To avoid these problems: A full Value Engineering exercise should not be left later than stage E and ideally performed by an independent consultant.

fig.44 - Post tension details

Oberlanders should have a stricter system in place to control the extra cost that variations entail.

47


Building a part of the city,

Architectural management of a large residential construction project

fig.45 - block B3 22nd february 2008

48

fig.46 - block B3 14th March 2008


Part 2 - RIBA workstages H-K

Section 6 - Post mobilisation

6.5 - Subcontractor designed portions drawings approvals. To save time in resolving discrepancies it was agreed that the metalwork and window sub-contractors could liaise directly with the architect (instead of via the main contractor) allowing order deadlines to be met more efficiently. As it turned out a window type (affecting ten windows) slipped through our approval procedure and was manufactured to the width of the lintel above, 300 mm wider than the brick opening already constructed. It became clear that other than to knock down and rebuild the walls, the only remedy was to relocate the windows elsewhere and order replacements immediately. This brought up contractual complication as the windows were going to have to be repositioned on block B2 which is covered by a different contract. Fortunately the clients were quite relaxed about it and the exchange went ahead without too much difficulty. Although it could be argued that the contractor has all the information to determine if the windows fit, they would argue the architect has to take these responsibility (as it involves checking for Building Control compliance). To avoid a repeat of this, the windows for future blocks have been triple checked however in my opinion it wouldn’t do any harm for the fitters to check manufacturers drawings too.

49


Building a part of the city,

Architectural management of a large residential construction project

fig.49 - block A2 and B September 2008

50


Part 2 - RIBA workstages H-K

6.6 – Issues of Delay

fig.50 - block A2 and B3 25th July 2008

fig.51 - block A2 and B 19th August 2008

fig.52 - block A2 and B 28th October 2008

36 Pg.34, JCT SBC/Q/Scot 2005

On the 27th of June 2008 we received a letter from BAM citing a potential 8 week delay to cill and flashing work packages. Relevant event no.6 (clause 2.29) was cited “any impediment, prevention or default, whether by act of omission, by the employer, the Architect/Contract Administrator” 36. The late issue of a flitchplate detail, revised timber cladding and delay in production of metal window flashing drawings were all referred to and the contractor asked for the phase 3B Sectional Completion dates to be extended by a fortnight. 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 default…of the contractor or any of the contractor’s persons.” As these drawings had to be produced in conjunction with the window sub-contractors, it could be 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 date”37 As such we could also have argued that because the contractor did not warn us the information was going to cause a delay it falls outside terms of clause 2.29.6. However, in reality contractual arguments are 37 Pg.38 and 41 Extensions of time

Explained, Gillian Birkby and Paul Brough.

51


Building a part of the city,

Architectural management of a large residential construction project

52 fig.53 - block A2 and B 20th October 2008


Part 2 - RIBA workstages H-K

Section 6 - Post mobilisation

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 proved”39. The extension of time we granted was based on Clause’s; 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

Contracts, Stephen Furst and Vivian Ramsey.

40 Pg. 53 Extensions of time Explained, Gillian Birkby and Paul Brough.

The contractor agreed this would not add any extra cost as overheads are covered by the ongoing work with the rest of the block envelope and fit out contracts following on. If we had not responded the contractor “may claim time has become ‘at large’ so that he 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

54 fig.54 - block A2 and B 24th November 2008


Part 2 - RIBA workstages H-K

Section 7 - Conclusion

6.7 – Project Completion and handover The sectional completion dates for Phase 3A have been successfully met, at the time of writing block A2 has been handed over for the fit out contract and it seems very likely Phase 3B will finish on time.

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

56

fig.56 - block A2 and B 28th visualised February 2007


Part 2 - RIBA workstages H-K

Section 7 - Conclusion

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 visualisation February 2007

Given the nature of the job and bearing in mind the buoyant market at the 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. Efforts to involve more sustainable design or materials were largely not realised due to their initial cost. I would call for them being more highly valued within the cost saving exercises.

fig.58 - Block B3, viewed from Upper Grove Place, 14th November 2008

What is certain however is that after dealing with disrupting variations in the initial phase, subsequent phases are now being constructed at an accelerating pace and soon a new part of the city will exist.

57


Bibliography References Pg.11 - pg.7 Old Edinburgh views form above, John A Jones, Stenlake Publishing, 2002. Pg.21.

Pg.21 - pg.23 Small Practices, A guide to working with consultants, Neil Parkyn, RIBA Publications 2000.

Pg. 12 - pg.7 PAN 76 http://www.scotland.gov.uk/Resource/Doc/76169/0019017.pdf

Pg23 - http://www.scotland.gov.uk/topics/built-environment/ planning.

Pg.16 - pg.13 Architects Job Book, 8th edition R. Dalziel and N. Ostime, RIBA Publications, 2008. Pg.16 - pg.13 A client’s Guide to Engaging an Architect including Guidance on Fees, Updated April 2000, RIBA Publications. Pg.17 and pg.40 - pg.9 Small Practices, A guide to keeping out of trouble, Owen Luder RIBA Publications 1999. Pg.17 - pg.8 A client’s Guide to Engaging an Architect, Revised May 2004, RIBA Publications. Pg.17 - RIBA Outline Plan of Work 2007, RIBA Publications 2007 Pg.18 and pg.34 - JCT SBC/Q/Scot 2005 Pg.19- pg.9 A client’s Guide to Engaging an Architect including Guidance on Fees, Updated April 2000, RIBA Publications. Pg.21 - pg.129 The Architect in Practice, 9th edition, Chappell, D. & Willis, C. Oxford: Blackwell Science, 2005.

Pg23 - pg.25 Outline Planning Application approval document, Issued 6th December 2006 (CEC ref: 05/00106/OUT). Pg.37. - pg.23 Green guide to the Architects Job Book, 2nd edition, Sandy Halliday, RIBA Publishing 2007. Pg.32 pg.3 Brian Edwards, Rough Guide to Sustainability 2nd Edition RIBA Enterprises 2005 London and The Ecodyn ‘Ecohomes report’ Pg.33 pg.9 - “Homes for the future: more affordable, more sustainable” HMSO 2007, http://www.communities.gov.uk/ publications/housing/homesforfuture Pg.36 The DDA Act 1995 Pg. 38 - Small Practices, A Guide to Sound Practice. Stanley Cox RIBA Publications 2002. Pg.39 and 53 - pg 62 and pg.36 ‘Constructing the team’ Sir Michael Latham, Final Report July 1994, HMSO, Referred to as ‘The Latham Report’


Bibliography

Pg.39 - pg.3 Deciding on the appropriate JCT contract, JCT Practice Note 2007. Pg.42 - pg.23 Small Practices, A guide to keeping out of trouble, Owen Luder RIBA Publications 1999. Pg.42 - pg.40 Small Practices, A guide to keeping out of trouble, Owen Luder RIBA Publications 2001 Edition. Pg.42 - JCT 1998 PN 4/01 Practice Note 4 Partnering Joint Contracts Tribunal Limited 2001 Pg.43 - NJCC Code of Procedure for Two Stage Selective Tendering, RIBA Publications 1996 Pg.43 - Building Magazine 2006 Issue 19, Davis Langdon, Simon Rawlinson, article titled ‘Procurement: Two-stage tendering’. Also on the internet at http://www.building.co.uk/ story.asp?storycode=3067103 Pg.51 and 53 - Extensions of time Explained Gillian, Birkby and Paul Brough RIBA Press 1999. Pg.53 - Keating on Construction Contracts, Stephen Furst and Vivian Ramsey, London 2006.

Project related Along with emails, letters and the drawings in the job files, disucsisons with Andrew Wilmot and Marion Ross Leitch of Oberlanders Architects LLP and interview with Bruce Carhill of CBA on the 22nd of October 2008. I also referred to the following project documentation: The Development Brief. The Contract - JCT SBC/Q/Scot 2005 - Joint Contracts Tribunal Standard Building Contract With Quantities for use in Scotland 2005 edition (Revised May 2006) Schedule Part 9 and Appendix 4 (client amendments) The appointment documents. Ecodyn ‘Ecohomes report’. Planning and Building Warrant approvals. The Architects Instructions. The Interim and Practical Completion certificates.

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Building a part of the city,

Architectural management of a large residential construction project

Other Publications

Contracts

APEAS Examination in Professional Practice and Management (Part 3) Guide for Condidates, 5th edition, APEAS 2008.

JCT SBC/Q/2005 - Joint Contracts Tribunal Standard Building Contract With Quantities Revision 1 2007.

Rough Guide to Sustainability, 2nd edition, Brian Edwards,RIBA Enterprises, 2005.

JCT SBC/G Standard Building Contract Guide

Part 3 Handbook, Stephen Brookehouse. RIBA Publishing 2007.

JCT contract Practice Note 2007 Deciding on the appropriate, Sweet & Maxwell Limited 2007. JCT 2005 Partnering Charter Non-binding (PC/N) Sweet & Maxwell Limited 2005.

Professional Appointments & Codes ARB Code of Professional Conduct & Practice ARB Publications 1999 RIAS Code of Professional Conduct & Practice RIAS Publications 1997 RIBA Code of Professional Conduct January 2005 Scottish Conditions of Appointment of an Architect 2000 SCA2000 (January 2003 revision) RIAS Publications 2003 RIBA Standard Conditions of Appointment for an architect (CA-S07-A) RIBA Publishing 2007.

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Legislation and statutes Disability Discrimination Act 1995 (c. 50)1995 Chapter c. 50 Managing Construction for Health & Safety: Construction (Design & Management) Regulations 2007, HSE Books. 2007. http://www.scotland.gov.uk/topics/built-environment/planning S26 Town and Country Planning (Scotland) Act 1997.


Appendix 1

fig.59 - Oberlanders fee split matrix march 2008, these types of charts were revised and reissued every month.

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Building a part of the city,

Architectural management of a large residential construction project

Appendix 2 - Project Team Quantity Surveyor: CBA Quantity Surveyors Limited CBA is a large Quantity Surveying practice with offices in Edinburgh and Glasgow employing over 40 staff. We have previously worked with them on Silvermills and Drumbrae Leisure Centre, in Edinburgh. Structural Engineer: Goodson Associates Limited A medium sized firm formed in Edinburgh in 1993 and now operating three offices nationwide with a turnover of £3.15 million in 2007. We have a lot of previous experience with them on numerous jobs including the Centre of Sport for Scotland. They employed Ethos Environmental Ltd, a specialist health, safety and environmental consultancy Road and highways consultants: Goodson Cole Transportation Associates Limited. A division of Goodson’s and their fourth office, in Edinburgh, deal specifically with transportation matters. Mechanical and Electrical Engineer: Blackwood Partnership A small to medium sized consultancy firm, employed the following sub-consultants: Ecodyn, a multi-disciplinary environmental consultancy. Integrated Environmental Solutions (IES) Ltd, develop software simulation tools. Landscape Architect: EDAW PLC A large international design and planning company, it’s European division has offices in London, Manchester, Edinburgh and Belfast.

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Appendix 2


Appendix 2

Main contractor: HBG Construction Scotland Ltd (Re-branded BAM Construction UK Ltd On October 7th 2008) A large construction and property company (part of the Royal BAM Group), they employ around 2,500 people around the UK. Turnover for 2007 was £1,043.3 million with profit of £48.7million. We have previously worked with them on the Technopole Fleming Building and Saint Vincent Place. CDM coordinator: Peter Graham & Partners A medium sized Project Management/Quantity Surveying and Planning Supervisor firm set up in 1961. Acoustic Consultant: Robin Mackenzie Partnership Scotland’s largest acoustic consultancy, with headquarters in Edinburgh. Established in 1969, now operates as an acoustic consultancy division of Napier University. Fire Engineering Consultant: JGA Fire Engineering Consultants JGA are a large firm formed in 1993 with offices in London, Dublin, Belfast and Edinburgh. Security consultants: SES Strategies Limited Security consultants offering independent risk management and security advice.

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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 contributions…The finalised Edinburgh and Lothian’s 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

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Building a part of the city,

Architectural management of a large residential construction project

Appendix 4

The contract particulars Named parties in the Articles of Agreement: Fountain North Limited and HBG Construction Limited are the employers, Oberlanders are Architect/Contract Administrators, CBA are the Quantity Surveyors and Peter Graham Partners CDM coordinators. The contract has been modified with an accompanying document, schedule part 9. Notable client specifications and deleted sections include: The fifth recital (to do with the employer releasing an Information release Schedule) has been deleted. The Contract Particulars allow for sectional completion in the Sixth Recital The seventh Recital refers to Appendix 4 – Contractor Design Portion which cites the piling and post tensioned slabs as Contractor Designed Portions and affirms that the contractor is to carry out elements of detail design and specification for proprietary products and manufacturing drawings for comment of the architect. Article 8, Arbitration is deleted Clause 1.1 states the Base date as the 6th of August 2007

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Appendix 4

Dates for completion of sections: Section 1 (block A2 frame) and section 2 (B3 frame), 27th June 2008, section 3 (remainder) May 6th 2009. Clause 1.8 Electronic Communications refers to the Electronic Data Management system in place (explained later in 6.2). £5,000 a week rate of liquidated damages. For section 1 £9,000 a week for section 2 £10, 000 a week for remainder of the works Clause 2.38 Standard 12 month rectification period applies. 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 6.4.1.2 Contractors Insurance is £10 million. Clause 6.7 Insurance option B was chosen where employer takes out and maintains a joint name policy. Part 2 - third party rights and collateral warranties definitions of purchaser and tenant have been deleted and replaced with ‘first party who shall acquire heritable interest in the whole works or ten or more residential units’ Collateral Warranties extend the contractual obligations so that the third party is granted rights to enforce. All parties seem to have been reluctant to sign up to these documents as they carry a heavy liability. 67


Building a part of the city,

Architectural management of a large residential construction project

The Oberlanders team, from left to right; Shane Murphy, Andrew Wilmot, Marion Ross Leitch, Charlotte Newton, Andrew Stevens, Andrew Lee and the author

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RIBA Part III Case Study 'Building a part of the city'  

A study into the architectural management of a large residential project.

RIBA Part III Case Study 'Building a part of the city'  

A study into the architectural management of a large residential project.

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