Tag: contractor

  • HPH269 : What is snagging? – with Chris Parsons

    HPH269 : What is snagging? – with Chris Parsons

    Chris Parsons returns to Ben Adam-Smith’s self build home after a year to look for defects. He explains what snagging is, how the list is compiled and how the rectification process works.

    Interview with Chris Parsons

    It has already been a year since Ben Adam-Smith completed his self build project. In that time, Chris Parsons has taken retirement from his architecture business, but still has a few outstanding projects to work on. But before he can entirely devote his time to his new interests there’s the matter of snagging to carry out on Ben’s home.

    There are contractual obligations

    The contract that Ben had with his builder stipulated a 12 month rectification period, whereby they would return to put right any defects of materials or workmanship that arose during that time.

    As part of that contract Ben kept a financial retention to ensure that happens. Once the work has been finalised Chris can issue a certificate and the remainder of the money must be paid.

    Normally if defects occur they can be left and dealt with together at the end of that period, but any that occur that prevent you from enjoying your property should be dealt with in a reasonable time, which is where a good working relationship with your contractor can be advantageous.

    “All defects are inconvenient, but I don’t know anyone who can build absolutely perfectly, spot on, day one.”

    The architect and residents may notice different defects

    Having lived in the house for 12 months there are bound to be things that a resident would notice, which an architect coming to do a defects list may not. This is why Chris recommends keeping your own list, so that the architect can determine whether they are proper defects and if applicable add them to his list for the contractor. Likewise there will also be things that his professional eye would spot that may previously have gone unnoticed.

    A water mark in the kitchen revealed a problem
    The shower tray had dropped and caused the sealant to crack

    Some shrinkage and movement is to be expected

    Chris explains that shrinkage isn’t technically a defect, though a contractor would likely return to put it right anyway. When using some natural materials and any type of plastering process that involves putting in a lot of moisture there will be an amount of shrinkage.

    There will also be some movement as the building settles into position. This may result in cracks on walls or gaps in sealants. Generally the plan to rectify it would involve some filling and redecoration, although this could amount to a considerable amount of work.

    A window with several streaks on the central pane
    The glass in most of the windows had to be replaced

    Ben’s snagging list

    Ben is thankful that there are only a dozen or so items on his snagging list, including:

    • They are aware of some sound connection in the MVHR from the en-suite down into the kitchen, so this is something that Chris will have to check on the drawings to try and work out what could be the cause.
    • The biggest issue they’ve had has been the glazing. There were defects in the glass panels which was down to a manufacturing error, but the supplier dealt with it effectively and these were replaced.
    • There have been some minor shrinkage cracks, but also one around the window reveals where the angle bead has moved which will need to be addressed.
    • The shower tray has dropped a little which may be the cause of a small leak down into the kitchen where the silicone has pulled away a fraction.
    • There is some creaking in the upstairs floorboards, which Chris thinks could be down to natural movement over time and changing during the seasons.

    Occupants need to learn how to use their houses

    During the hottest period of the summer Ben’s house did very briefly reach 28 degrees, but this hasn’t been a cause for concern. Chris says that some houses will naturally be easier to keep cool than others, based on their orientation and site constraints, so at the design stage they will try to mitigate what will likely cause the overheating. He says occupants should also learn the techniques for cooling their house.

    “As designers we need to be looking carefully to try to make sure that our houses can stay cool because we’re going to get more and more of those heatwaves. We need to understand that. We need to make sure that people know how to use their houses, but most of all we need to make sure that designers know what they’re doing. This is not true of the Passivhaus fraternity but I’m not convinced that many of our house designers fully appreciate that problem.”

    There can be a fine line between defects, and wear and tear

    An architect in this situation can take on the role of adjudicator. Chris calls this client management, where an occupant might have something on their own snagging list that actually Chris would put down to being a matter of wear and tear, rather than a contractual defect. It’s Chris’ job to determine what is fair to add to the list that is presented to the contractor.

    Not all defects will be detected within the 12 months

    Even after the 12 month period there may continue to be some movement and shrinkage, however this will then fall outside the responsibility of the contractor.

    There are other defects that the contractor can continue to be held liable for even after this time. These are called latent defects, which might be a defect in materials or workmanship. Even if it’s several years later they can still have some responsibility to come back and put it right. Chris explains that there is a technical legal limit to it, but it’s basically at the point at which it should reasonably have been discovered.

    Later alterations are your responsibility

    Ben is thinking about adding another external water tap. Because the water supply will be inside the thermal envelope Chris advises caution when drilling a hole through the building fabric and making sure a grommet is put on to avoid too much air leakage.

    “But it’s something that is completely down to you to organise. There is no responsibility left for any of the people that were involved in the build contract to deal with your alterations, extensions, or anything else you want to do, other than making sure that you’ve got all the information you need to be able to do it properly.”

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  • HPH259 : Constructing the masonry superstructure of Portree Passivhaus – with Mike Coe

    HPH259 : Constructing the masonry superstructure of Portree Passivhaus – with Mike Coe

    Mike Coe has a progress report from Portree Passivhaus, which is now almost watertight. We pick up the story as the groundworks begin and look at some of the challenges as the superstructure has gone up.

    Mike Coe on the roof at Portree Passivhaus

    Interview with Mike Coe

    Mike Coe has been on the podcast a number of times. Our first interview with him was when he completed building the Cropthorne Autonomous House, where we imagined he might stay put for many years. However, with concerns over climate change, he and his partner Lizzie Stoodley decided to move further north to the Isle of Skye in Scotland.

    This meant selling the autonomous house, which was not straightforward, and taking on a second project with well known architects Rural Design.

    A section of Portree Passivhaus
    A visualisation of the finished house

    The sloping site was perfect for upside down living

    Mike’s previous house, the Cropthorne Autonomous House, had bedrooms downstairs, and the living space and kitchen upstairs. Mike prefers this layout and was keen to repeat it.

    That’s why one of the attractions of the site was its slope. The main entrance could be at the top of the house, taking you directly into the living space.

    The dig begins
    ‘Rotten rock’ is discovered

    Rotten Rock provides a perfect base from which to build

    Mike explains that whenever anyone builds on Skye they look for ‘rotten rock’, which is a combination of the normal clay subsoil but with volcanic small rock particles mixed in. This makes a stable foundation that you can build straight onto.

    Although they were digging into the hill, the rotten rock is almost solid enough to dispense with a retaining wall (but not quite!).

    The Cropthorne Autonomous House

    His first self build guided a lot of decisions

    At the autonomous house the heavyweight structure of the building was used as a thermal store, which would build up heat during the summer and slowly give it back over the winter.

    Hence Mike wanted to repeat what he knew worked well. Portree Passivhaus is a masonry building with a cavity wall.

    This is unusual for Scotland which has a lot of timber frame buildings, that are quick to put up in the inclement weather.

    Resilience was another key factor

    The building’s heavyweight structure will also make it a ‘fortress’ for whatever weather is to come.

    I think it’s inevitable that we’re going to get more extreme weather. We haven’t had that much of it in the UK yet, but there’s rarely a week when there isn’t some kind of extreme weather event somewhere in the world which makes it into the news.

    The slab of insulation goes in

    The building sits on a tray of insulation

    Concrete is poured into a tray of insulation to form the lower ground floor slab. The internal concrete block walls then get built onto the edges of that slab, so the internal part of the house is completely isolated.

    The cavity wall is 375mm wide and uses TeploTies for low thermal transmissivity.

    With a large open plan living area, the building requires a steel structure for extra support.

    The first floor is a beam and block floor, and above this there will be a green roof.

    We’ve got a very substantial roof structure in order to take the weight of the soil on which the grass will grow on the roof. But below that, sitting on top of the structural I-beams, there’s another layer of insulation.

    There is no environmentally benign dwelling

    Mike is well informed when it comes to climate change and believes that we, as a world, could be doing so much more to reduce carbon emissions. So why is he building with masonry when more sustainable materials exist?

    There’s undoubtedly embodied energy in this house. How significant it is in terms of global carbon emissions compared to things that could be very, very easily avoided, I don’t know. In use, the house will have a tiny environmental footprint. It’s very energy efficient, it doesn’t have a heating system, it’ll have renewable energy systems as well.

    Although it will be a number of years into the future, Mike says the house will pay back its CO2 debt. And for him it’s not just about preventing climate change, this is a house that’s ready to face the extreme weather events that have been caused by climate change.

    When you look to the future it’s not going to blow down. And the turf roof is part of the resilience strategy.

    Mike installing the ventilation ducting

    Mike gradually took on more responsibility

    Having been very hands-on during his first self build, he had wanted to do less this time. However, he’s found himself being drawn in!

    Due to concerns over finances, he decided to save some money by installing the mechanical ventilation system and doing all the electrics himself.

    But knowing the level of detail required on a project like this, he’s also monitoring quality.

    It’s all about during and post construction quality control. And trying to get across the message that the insulation has got to be kept clean and dry – difficult in this climate – as dry as possible and put in neatly without any gaps – I don’t know why but it’s just proved to be very tough.

    So Mike has spent weekends pulling insulation out, cleaning it, putting it back again. He’s also taken responsibility for some of the trickier details.

    Mike spotted a thermal bridge across the cavity

    With an architect and contractor who haven’t built a Passivhaus before, Mike’s experience has become extremely useful. During construction he noticed that the steel was creating a thermal bridge across the cavity.

    The solution was to shorten the steels and put thermal break pads in. Using stainless steel bolts also helped reduce the transmission across the steel.

    Delays have had an upside

    Mike’s contractor has had to start another project for a local hotel and this has meant a reduced workforce on Mike’s site.

    However, as pensioners, Mike and Lizzie have been able to squirrel away extra cash.

    This gives Mike cautious optimism that he could get towards the end of the project… and even hire decorators (something they’d really like to do).

    Stone cladding begins
    The main living space

    Find out more

    Visit the website of Portree Passivhaus

    Follow Mike Coe on Twitter

    Follow Portree Passivhaus on Twitter

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  • HPH228 : What is a site meeting? – with Ben Adam-Smith

    HPH228 : What is a site meeting? – with Ben Adam-Smith

    Having had his last site meeting this month, Ben Adam-Smith explains what they are and how they fit into the construction process when building a new house.

    What is a site meeting?

    As with any project, you want to keep track of things and make sure everything is running smoothly. And that’s what this is all about: getting the key team members together on a regular basis. In our case that was once a month.

    Clients – Ben Adam-Smith and Kay Adam-Smith

    Architects – Chris Parsons, boss of Parsons + Whittley

    Main contractor – Mark Feldman from Mars Builders.

    Chris Parsons says: “A site meeting is a regular meeting that’s held to try to keep an eye on progress, keep an eye on issues that crop up and make sure everyone is well informed as we go through the process.”

    Mark Feldman adds: “Having all parties there at the same time, being able to discuss the issues, run through them and hopefully come up with solutions works very well. It’s much easier than doing it remotely, with emails flying backwards and forwards.”

     

    What gets discussed?

    Everyone knows that there are lots of decisions to be made during the course of a self build. Although they don’t all have to be made at once they do become more critical if left unresolved. So a site meeting can flag up the priorities (allowing you to keep ahead of the decision-making curve).

    A site meeting also helps everyone understand progress since the last meeting and what is planned to be achieved by the next meeting.

     

    The main benefits of a site meeting

    If you actually examine what you’re doing in these meetings a lot of it comes down to problem solving. There are countless issues that arise during construction so discussing the options and coming up with potential solutions is time well spent.

    Other than that it can be an opportunity for the architect or builder to explain something to the client.

     

    What is the format?

    In our case we had a walk around the site and then held a sit down meeting (typically lasting between 1 – 3 hours).

    1. Introduction/apologies
    2. Matters arising from previous meeting
    3. Contractor’s report
    4. Contractor administrator/architect/CDM matters
    5. Quantity surveyor matters
    6. Employers matters
    7. Any other business
    8. Date of next meeting

     

    Documenting meetings makes sure nothing is forgotten

    Chris Parsons comments: “I think minuting any meeting is probably sensible. The notes form a structure for the following meeting and make sure items that are discussed are not forgotten. So they are picked up and continually dealt with until such time as they are cleared.”

    Having minutes which have been agreed by all parties also provides a contractual record so that in the event of a dispute there is a bit more information about what went on.

    Extract from one of the first meetings

     

    Ben’s top tips

    – Make sure you don’t run out of biscuits!

    – Don’t attempt to look after young children and hold your meeting.

     

    Find out more

    Visit the website of Parsons + Whittley

    Visit the website of Mars Builders

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  • HPH213 : Do I need a contract with my builder? – with Steven Thompson from RICS

    HPH213 : Do I need a contract with my builder? – with Steven Thompson from RICS

    Steven Thompson, from the Royal Institution of Chartered Surveyors, explains why it can be sensible to have a contract, and what type you might need for a self build project.

    Interview with Steven Thompson

    Steven Thompson is a Chartered Surveyor and has worked in the construction industry his whole career. He advises professional clients about their projects, particularly when it comes to the financial management, but also the contractual arrangements that apply.

     

    There is no legal requirement to have a contract

    Although you don’t need to have one, it’s certainly a nice to have. A contract can even be verbal although the absence of anything on paper could run the risk of either side denying that something has been agreed. Having this scenario may or may not work in your favour.

    Some contractors might be scared off by having a contract as it might be perceived to be to their advantage if they’re able to leave things as undefined as possible. Steven suggests approaching them with “I intend to use a contract – you’re still on board aren’t you?”, instead of simply asking whether they are happy to use a contract.

    On balance, for security and clarity, it is probably better to have a formal contract which lets everyone know where they stand, and forms ‘the intentions of the parties’. In a dispute situation a Judge would form a decision based on what they think was likely that the parties had intended.

    Steven explains that it’s also good to cover the “what ifs” in a contract. So as well as detailing the relationship between the parties and what the building comprises, it could include “if I change my mind as a client, this is what happens next,” and also circumstances that might be forced on a client such as ground conditions, weather and insolvency. The contract can state “this is what’s going to happen if these future events happen.”

    In some situations, such as a self-builder who is doing all of the work themselves, then these contracts won’t be appropriate and will be totally over the top for what is required. Steven uses the example of buying supplies in a hardware store where the receipt forms the agreement between the parties.

     

    The type of contract may depend on the size of the project

    The larger the project, the more sensible it would be to have formal contract terms in place. The chosen contract will also depend on the type of contractor you’re dealing with and the nature of the contractual relationship. One overall project contract might be appropriate if you’re handing everything over to the contractor to deal with, whereas something else would be required if you’re project managing yourself and employing trade contractors.

     

    Types of construction contract might include:

    Trade contract – a small construction contract between you and the contractor. It is similar to one you might have with a main builder, but instead you could have several of these with all the different trades being used. The downside of this is you’re coordinating it all yourself, managing each of them independently and are responsible for sorting out any scheduling or other problems that may arise.

    ‘Labour-only’ trade contract – an example could be where the client provides the timber that they have sourced themselves but requires a contract with a carpenter to provide labour at the right time to put it up. Labour-only craftspeople may not want wish to have a formal contract but instead be paid a set amount for each day’s work.

    ‘Supply-only’ trade contract – Steven uses the example of a ready-mix concrete company. They will supply the concrete under their terms and conditions, so there’s not a lot of room for negotiation. You do need to be aware that it is still a contract and you do still have certain obligations.

    Material purchase – this covers items sourced, ordered and paid for by the client direct and delivered to site and off-loaded, for example the pieces of timber that will make up the frame or the roof tiles or the kitchen fittings. Again these will be on terms which the self builder has no control over and will be the merchant’s standard T’s & C’s.

    One-off payments – this might be something like a fee payable to the Local Authority for Building Regulations approval. The contract in this case is governed by statute rather than by a contract that you write.

    Consultant appointments – a contract set out with your architect for example.

    If you’re project managing the build yourself then you are likely to be coordinating all these different contracts in terms of timings and finances. An alternative would be to pay a consultant to look after it all for you.

     

    The contracts have three common aspects

    To be valid, appropriate and safe, any of the above contracts will have the same three key attributes. They are:

    Price – clarity is needed as to whether the price is fixed, an estimate or budget, or a day rate. As Steven puts it, “there’s an element of needing to be smart and cautious about the use of terminology from builders, irrespective of what you ask for.” The contract will provide provisions in this section for how to value change, ie if a delay occurs which means the builder will be on site for longer.

    The price section of the contract will also need to cover when payment is made, ie in one payment at the end or in stages throughout.

    Programme – a defined start and finished date is required, not just a block of time. Without dates the contractor is only obliged under contract theory to finish whenever they can. In the contract you provide for the opportunity to make amendments to take account of delays and decide how they are dealt with, ie what happens if the contractor is late, whose fault it is, and when the package of works is deemed to be finished.

    Scope/Quality of Work – clarity is needed as to the exact extent of the work that is covered by that package of work, and the quality standard that is required, such that a pre-agreed benchmark quality standard is set out. At the end of the package of work, the contractor needs to be able to defend themselves if the self-builder says, ‘that quality of work is not good enough’. Somewhere, there needs to be a reference standard – ‘what does good look like?’ This would normally be a national (or international) published standard. In the UK there is the National Building Specification which is a model set of clauses which can be built into a contract as a reference point.

    The contract can also determine how defects should be dealt with.

    Further areas a contract should cover include: client changes, termination, suspension, insolvency, dispute resolution matters, insurance, warranties, retention amounts, damages, and the legalities related to how the contract is signed and the period of time that the self-builder has to take action.

     

    Template contracts are available to purchase

    If you are employing a contractor to carry out all the work for you then a JCT (Joint Contracts Tribunal) contract might be suitable. They provide a whole range to suit different types of jobs, and a Minor Works contract might be suitable for a fairly standard scale of build. You can buy a pre-printed contract from them and fill in the gaps with your name, price, etc. JCT also produce a Homeowner contract which might be suitable for a renovation, refurbishment or extension of a property, rather than a new build.

    Professional bodies such as RIBA and RICS publish contracts covering consultant appointments.

    Supply-only and labour-only contracts which have been legally tested can also be found online.

     

    Contracts will have a provision for dispute resolution

    Ideally you will be able to solve any issues directly with your contractor, but if this is not possible then in the UK there is an obligation under statute to go to adjudication. Steven explains that “in the self-build environment, the issue at large shouldn’t be that large, complex and costly as to warrant anything more than a simple adjudication.” This would need to be paid for and should take around a month with an independent adjudicator deciding the case on its merits.

    If adjudication failed then the case would need to be settled in court.

     

    Find out more

    Visit the RICS website

    Follow RICS on Twitter

     

    Transcript

    Download a transcript of the interview with Steven Thompson.

     

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  • HPH207 : Opening our tender returns – with Ben and Kay Adam-Smith

    HPH207 : Opening our tender returns – with Ben and Kay Adam-Smith

    Chris Parsons from Parsons+ Whittley outlines a traditional procurement route. And Ben and Kay Adam-Smith receive their tender returns.

     

    Ben and Kay Adam-Smith are building a family home to Passivhaus standard and have hired architecture firm Parsons + Whittley to design this house. In episode 205, Technical Director Dan Higginbotham explained how the tender package was put together. Now five shortlisted contractors – sourced mainly through recommendation – are quoting for the work.

     

    What is a traditional procurement route?

    This is when the architect, working on behalf of the client, produces a comprehensive specification and a highly detailed package of drawings. Potential contractors then use this information to price up the job. The more detail there is, the more realistic the pricing will be (and like for like comparisons then become possible).

     

    The contractors submit only the headline figures

    For this tender process the contractors have been asked for the contract sum, how soon they could start and how long they would take to carry out the work.

    Chris has also asked for a detailed price specification, although he is aware that the contractors may not produce this (perhaps because they’ve priced it in a different way and can’t easily produce the document).

    However Chris says: “The sceptic in me thinks that by holding it back, if they get a telephone call from me today asking for their price specification, they get an early indication that they’re in the running.”

     

    A code of practice governs this process

    In order to make this fair, a procedure is laid down of how to invite and receive tenders, what must be done once they are opened and how errors might be adjusted, etc.

    On top of this, a company’s professional reputation would be at stake should any foul play go on!

     

    Everything remains confidential until the contract is awarded

    The client will generally be the one to open the envelopes (again, to see that everything is above board).

    All these numbers will be kept confidential until one contractor has been engaged.

    Only then will the figures be released, so as to give the contractors feedback on their pricing.

     

    Ben and Kay’s tender returns

    After waiting for the clock to strike midday, Kay opened the returns that had come in.

    The budget of £400,000 was quickly blown out of the water!

     

    Contractor 1 – £612,234 (39 weeks)

    Contractor 2 – £885,871 (35 weeks)

    Contractor 3 – £744,385 (35 weeks)

    Contractor 4 – withdrew due to family illness

    Contractor 5 – disqualified (submitted a day late; £664,000)

    Some contractors may drop out

    Despite working hard to make sure the contractors were a good fit and wanted to price the job, one still withdrew.

    And another had to be disqualified after it arrived late.

    Chris commented: “I’m pleased that we had a reasonable sized list, so we were not left with limited choice.”

    Next steps

    Look at Contractor 1’s pricing in more detail and explore what savings can be made through value engineering.

     

    Find out more

    Visit the website of Parsons + Whittley

    Follow Chris Parsons on Twitter

    Watch Ben’s vlog

    As this podcast is somewhat behind the actual timeline, Ben is actually underway with his build!

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