Question 4: Cost Liability

Who should cover the increased cost of the curtain walling?

The implementation of a curtain wall will have to be logistically reconsidered, along with the internal and external environmental impacts. Stacked arrangements are “most commonly installed from the inside of a building, which is approved. Application must state requested conditions.

a safer, more efficient and more cost effective.” (Lenmak, 2018). Curtain walling systems;

are installed from the outside of a “ (Lenmak, 2018) building using cranes or rigs. “ This will require greater safety considerations, supplementary equipment and therefore increased labour, material and time costs. Additionally, the contractor will need to If an application is denied, a completely new planning

account for the cost of engineering consultation as the two systems bear different levels of load on the building structure, which will need to be approved by a qualified engineer before any construction or product ordering commences. This alteration would need verification by the local planning authority under the classification of a ‘minor material amendment’ (Fig.8). This is defined as;

one whose scale and nature results in a “ development which is not substantially (Trafford Council, n.d.) been approved. “ The council would take a minimum of eight weeks to determine the outcome, delaying the project, resulting in cost implications (Fig.8).

This application can only be approved once a listed set of plans have been

Application to be made via planning portal website for an agreed fee. (Refer to appendix for MMA info).

Full plans and a Design and Access statement are required.

MMA’s can be applied to planning permissions, but not Listed Building Consent or Conservation Area Consents

The Planning Authority has 8 weeks to determine the application (13 weeks for a “major” application).

different from that which has permission for the proposal can be submitted.

Fig.8 Minor material amendment summary (Information courtesy of Trafford Council)

If planning is approved, the subsequent increased cost of the curtain wall system and its installation, will need to be covered by the contractor, as the client had not accepted the product and specification changes. However, if disagreements arise, mediation could occur to help the parties reach a mutual agreement. Mediation;

is a conference between opposing “ parties facilitated by a neutral, mutually agreed-upon mediator

(Novitski, 2008)

that, if successful, will lead to a signed agreement clearly outlining the updated responsibilities.

Following this, it is the contractors responsibility to provide a written notice to the employers agent/contract administrator stating the potential issues (Fig.9). They will then assess the claim and the work progress as carried out by the role of Clerk of Works. If the extension is not considered a ‘Relevant Event’ or a ‘Relevant Matter’ the contractor may be required to pay liquidated damages that are;

pre - determined “ damages set at the time that a contract is entered into based on a calculation of the actual loss the client is likely to incur if the contractor fails to meet (Designing Buildings, 2020) the completion date. “ However, if the extension is granted, the contractor is not legally obligated to complete the works by the pre-agreed date.

Fig.9 Extension of Time Process for scenario