Problems on site
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If serious problems occur on site, immediate actions underaken by an architect might include:
- Stop the work
- Ensure that the contractor has notified the employer
- Ensure that the contractor does not repair/do any work until the insurers/survey have/is carried out their investigation
- Notify the CDM co-ordinator
- Instruct the structural engineer to carry out a structural report
- Assess measures to be taken to restore the site to a safe condition
- Ask the quantity surveyor to go to site and value the damages
- Ensure that the contractor has disclosed all of the facts to the insurer
Contractual situation 1: Example - collapsed wall
- A full investigation must be carried out to determine who’s fault it was (eg design fault / contractors fault / specified peril such as a flood)
- Contact professional indemnity insurer to notify them of a circumstance that may lead to a claim
- Advise other consultants to do the same
- If the damage was caused by a specified peril, it will be covered by works insurance
- If it was a design fault, will be covered by PI insurance
Contractual situation 2: example - a fire
- The contractor will restore the damaged work, restore and repair any site materials damaged and proceed with carrying out the completion of the works
- The restoration of the loss or damage shall be treated as if it were a variation required by an architects instruction
- The contractor may be entitled to an extension of time and loss and/or expense
Contractual situation 3: example - archaeological items found
- All items found on site are the property of the employer
- The architect should contact the archaeology department of the borough or county council to inform them of the discovery and ask for advise.
- The architect shall issue instruction as to what is to be done, which may require that the contractor permit the examination, excavation and removal of the items by a third party
- The architect shall ascertain any entitlement the contractor has to loss and/or expense
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