Questions we Can Help you to Answer
Paper Instructions:
LETTER 1 SCENARIO - EXTENSION OF TIME
Work has finally commenced on-site and construction stays on schedule throughout the duration of the early work stages: site preliminaries, groundworks and excavations. After the proprietor has lodged their first progress claim in accordance with your certificate, work on the site is delayed by several days by rain which causes rather significant flooding of the excavated site. It takes a further five days for the water to drain away or be pumped out and during which time some of the steeply excavated slopes collapse. Not only has the rain and flooding prevented any work from occurring on site, there is now a considerable amount of remedial work to carried out. The builder lodges a claim for an extension of time for a total of ten (10) working days plus costs.
During an initial site inspection to assess the claim, you form the view that the builder is overstating the length of the rainy period and that the builder has not taken sufficient steps to drain the site. Your civil engineer also observes that much of the excavated earth remains on site and close to the edge of the deep excavation. The Builder is not happy with your observations and returns fire by suggesting that your design has contributed greatly to this delay. He states that he will be phoning the Client to express his opinion on your design.
TASK
You should write a letter to SMMB explaining your proposed approach to the builder’s extension of time claim. What
evidence can you draw upon to support your decision? You should also explain to the client how a dispute may be resolved
should this issue escalate.
LETTER 2 SCENARIO ARCHITECT'S INSTRUCTION
If there is one aspect of your subterranean design proposal that has kept you from sleeping at night it is the possibility of the waterproofing strategies failing. So concerned were you that you undertook significant technical research and accepted considerable advice from your Civil Engineer. Lucky for you, he is both very knowledgeable and experienced in this area and assisted greatly in the selection of appropriate systems for the ground slab, basement walls and roof deck. Indeed it was on his suggestion alone that the basement walls employ a relatively new !to Australia! clay basematerial that swells with moisture thereby closing its pores. A truly marvelous approach that does not suffer from many of the issues that torch-on or roll-on bituminous membranes do. As a final precaution, your Waterproofing Specification clearly states that the Builder must give 48 hours· notice to allow for a comprehensive inspection of the subsoil drains, waterproof membranes and geotechnical fabric layers prior to back-filling.
It is therefore a great surprise that on your most recent site inspection that you discover that not only has back-filling occurred to all basement walls but the concrete paths that surround the building have also already been poured. The builder admits to not notifying you but he states that he knew you were on holiday last week so did not see the point.
Because of the need for this element of the works to be absolutely correct, you decide that the best approach is for the builder to open up the works to verify that all has been installed in accordance with your specification. You issue an Architects Instruction to
this effect, in accordance with your powers under the building contract
The builder refers your instruction to your client on the basis that the decision is unfair, will delay progress of the works and will add a variation for which the client will be responsible. Your client overrules your decision and tells the builder to proceed with the works.
TASK
Write a letter to the Client outlining the rationale for your decision to request that the paths be demolished and that a full inspection of the waterproofing membrane, subsoil drains and the like take place. Was the builder correct to suggest that a variation could result? Is TMA able to instruct to rebuild the works without the client involved? Can the client rightfully overrule the Architect's Instruction?
LETTER 3 PRACTICAL COMPLETION
Despite a number of setbacks along the way the project overall has been tracking well against the construction program.
One afternoon you receive a phone call from an extremely excited Principal Wendy Indecision who informs you that SMM has just won the rights to host the South-Pacific Ladies Volleyball Titles in late October. The event is scheduled some 8 weeks before construction works are due for ‘practical completion’. The Principal cannot stress the importance of this event to the school with over 200 players expected from across the globe and mentions she has already pledged her commitment to the organisers. In her mind, there is no better way to open and celebrate the new facility than to host such
an important international sporting event! Of greater concern however is that Principal Indecision has taken liberty of already discussing the matter with the Building Contractor who suggests he would be happy to hand the site over to the School earlier than scheduled and that he suggests any unfinished works could be temporarily ‘dealt with’ before being rectified during the defect liability period.
TASK
The telephone call obviously takes you by surprise and a number of issues race through your mind. You feel compelled to write the Client advising them of the implications of this decision. Given the Client is not familiar with such matters, you
should outline some examples to illustrate the consequences of taking possession of the site in this way.
