U FEATURE
34 | NORTHERN BUILDER MAGAZINE
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LEGAL ADVICE T
PATRICK FLEMING, CLEAVER FULTON RANKIN, EXPLORES THE DIFFERENCES BETWEEN DESIGN DEFECTS AND POOR WORKMANSHIP, AND THE EXTENT OF THE LEGAL OBLIGATIONS IMPOSED ON ARCHITECTS…
Liability of architects for design defects in construction projects
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he manner in which design defects are treated can give rise to challenges in construction projects. It is not always apparent whether the defect in question is a product of the architect’s poor design or the contractor’s workmanship. The boundary between a design and a workmanship defect can easily become blurred. Generally, workmanship defects relate to decisions such as the type of fixing method used to execute a design provided by another. Specialist details may sometimes be left to specialist sub-contractors who can make detailed ‘design’ decisions without referring to architect drawings for guidance. This would not amount to delegation of responsibility by the architect, as this aspect of design responsibility did not rest with him/ her in the first place. The design of temporary works is said to fall within the remit of the contractor, hence traditionally, the architect would not have been expected to intervene in the contractor’s choice of method in carrying out the works. Key points to note from the distinction between design and workmanship defects include: • • • •
A contractor may often not be liable for design defects. Standard form contracts may contain different provisions governing one form of defect to the other. Litigants, more often than not, must go on to distinguish between the causative effect of design defects or workmanship defects. However, the prospect of a successful appeal may be limited, due to the differing findings in facts and law. A cause of action may arise at different points in relation to defects, depending on whether there are design defects or workmanship defects.
The obligation on the designer is normally not an absolute obligation to provide a
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satisfactory result, but instead an obligation in contract and, usually in tort, to use reasonable skill and care in the provision of the design. The designer shall not automatically be liable merely due to the existence of design defects, even where the errors result from the designer’s own error. Generally, the error must be negligent before liability is established. However, the facts may lead to the implication of a term that the designer’s design would be reasonably fit for the purpose. The scope of a designer’s duty may be affected by the involvement of third parties, for instance:
The issue as to whether a contractor owes a client a duty in tort has been the subject of considerable debate, but, generally, the contractor does not owe such a duty in the absence of a special assumption of responsibility. For more information, contact Cleaver Fulton Rankin on 028 9024 3141 or visit the website at www.cfrlaw.co.uk
• The designer may have a duty to co ordinate or assimilate their design. • There may be an issue concerning the extent to which a designer may delegate any part of his/her duties to be performed by a third party to an extent that, should the delegated design contain defects, the architect is no longer liable unless he/ she acted negligently in delegating the work in the first place. The law is quite uncertain in this area. • Duties of care in tort derive from product liability cases in which the possibility of intermediate inspection by the client or a person retained by him/her may deny liability. • An architect may become liable in circumstances other than failure to use reasonable skill and care. For example, a failure to comply with the directions from the client or to inform the client where the designer intends to depart from those directions.
Patrick Fleming heads Cleaver Fulton Rankin’s Construction and Dispute Resolution teams. He specialises in both contentious and non-contentious construction law which sets him apart from most other lawyers in this jurisdiction. Patrick’s clients include project companies, banks, Government bodies, contractors and construction professionals. On the non-contentious side, Patrick has been involved in many high profile projects. For example, he was the lead advisor to Titanic Quarter Limited in the construction of the recently completed Titanic Film Studios and Patrick also advised Harcourt Construction (NI) Limited in its construction of the £90million iconic Titanic Belfast.
PLEASE NOTE, THE CONTENT OF THIS ARTICLE IS FOR INFORMATION PURPOSES ONLY AND FURTHER ADVICE SHOULD BE SOUGHT FROM A PROFESSIONAL ADVISOR BEFORE ANY ACTION IS TAKEN.
About the author
NORTHERN BUILDER MAGAZINE | 45
U TIMBER
QUALITY OF PRODUCTS FROM THE UNILIN RANGE HELPS TO BOOST SALES FOR MURDOCK BUILDERS MERCHANTS …
Murdock Builder’s Merchants
are floored by success of Quick-Step and Elka
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Quick Step Livyn flooring in Walnut Grey.
ince the introduction of both the Quick-Step and Elka flooring products into its portfolio, Murdock Builders Merchants (MBM) has made huge gains in the sales generated from the company’s flooring category. Throughout the tough trading conditions caused by the down turn in the construction industry, there could have been a reluctance for builders and consumers to make high end branded purchases. However, MBM focused staff on informing their customers about the benefits of purchasing both Quick-Step and Elka floors and how those customers would see the benefit in their projects longer term in both the appearance but, more importantly, the performance of their new floor. It was this approach that encouraged MBM customers to make the right decision for their project, based on quality and performance products over budget and less performing products. Both the Quick-Step and Elka brands are manufactured and supplied by Unilin, which has a head office for UK and Ireland in Newry, County Down. Part of the reason behind the success story in MBM’s flooring sales has been down to Unilin’s multi-category approach. Unilin’s reputation has been built on the manufacturing of high quality and innovative laminate floors that have been enhanced by the revolutionary ‘Uniclic’ locking system. Using the company’s vast experience in
“Offering customers a ‘one stop shop’ approach in relation to flooring projects.” 82 | NORTHERN BUILDER MAGAZINE
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SKILLBUILD T Claire McCollum presents the Overall Apprentice of the Year Award to SRC student Gary Doyle.
Southern Regional College medal winners... OVERALL APPRENTICE OF THE YEAR • Gary Doyle GOLD • John Herron - Industrial Heating • Jordan Mark - Joinery • Jordan Jeffers - Painting and Decorating • Armondas Tamulis - Wall and Floor Tiling
also awarded to a number of SRC students, including Nathan Wilson for Cabinet Making, Deividas Neimontas for Industrial Heating and Jonathan Burrows, who completed a clean sweep for SRC in the Wall and Floor Tiling category. Brian Doran, CEO of Southern Regional College, said, “We at Southern Regional College are honoured to have been selected to host the prestigious National Finals of Skillbuild NI. I congratulate the competitors, many of who have travelled long distances to participate in the skills competition. For many this competition is an important stepping stone
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to future skills competition success through the UK Skills and World skills competitions. “The commitment and professionalism shown by our competitors in tackling complex skills tasks over the last two days demonstrates that the quality of construction skills and training in Northern Ireland is second to none. I wish all the competitors every success in the future and have every confidence that those selected to go forward to UK and Worldskills competition will continue the proud tradition of success at a national and international level.”
SILVER • Christopher Jeffrey - Cabinet Making • Matthew McCrum - Joinery • Brendan Magee - Painting and Decorating • Gavin Rice - Plumbing Pipework • Shaun Thornton - Wall and Floor Tiling BRONZE • Nathan Wilson - Cabinet Making • Deividas Neimontas - Industrial Heating • Jonathan Burrows - Wall and Floor Tiling
“For many this competition is an important stepping stone to future skills competition success through the UK Skills and World skills competitions.”
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U CLANMIL ASSOCIATES
TAL is one of Northern Ireland’s most successful and diverse construction firms, operating in the following sectors: • Social Housing • Private Housing • Ecclesiastic & Historical Buildings • Leisure, Education, Healthcare • Industrial, Commercial, Retail • Civil Engineering TAL has gained considerable recognition across these sectors with a number of award winning schemes.
TAL Limited TAL House, Lissue Industrial Estate East, Unit 1, 9 Lissue Walk, Lisburn, BT28 2LU T: +44 (028) 9262 2345 F +44 (028) 9262 0950 E: construct@tal.ltd.uk W: www.tal.ltd.uk
106 | NORTHERN BUILDER MAGAZINE
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PAVING T
HIGH QUALITY PAVING WITH TRULY SUSTAINABLE CREDENTIALS…
Premium Kin Stone paving offers high end quality
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&G (Acheson & Glover) has added to its extensive range with the outstanding, contemporary Kin Stone – a new bespoke paving product that will transform commercial and public realm projects. Ideal for creating variable and unique landscape designs due to its premium finish, Kin Stone can be laid as a single colour or three colour blends. “Available in both grey and sandstone options, Kin Stone offers professional designers the opportunity to specify a high quality paving system that recreates the realistic tones of natural stone,” explained Brian McConnell, Marketing Manager, A&G. “Made from locally quarried aggregates, Kin Stone’s surface is formed by blending fine
quartz materials, resulting in a truly exceptional paving product.” Kin Stone is perfect for use on slopes and areas of intense pedestrian and heavy vehicle traffic* thanks to a high level of slip resistance and consistent superior appearance. A hallmark of all A&G products, Kin Stone has industry leading sustainable credentials. 100% recyclable, Kin Stone is produced in the UK from locally sourced materials in a plant using 100% renewable energy and utilises up to 70% nonprimary materials. It also boasts a BREEAM** rating of A and A+ when used with a recycled sub-base. For more information visit www.acheson-glover.com/ kinstone or contact A&G on 028 8952 1275.
*DEPENDENT UPON SIZE SELECTED. **BUILDING RESEARCH ESTABLISHMENT’S ENVIRONMENTAL ASSESSMENT METHOD.
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NORTHERN BUILDER MAGAZINE | 113
U RSUA AWARDS
Giant’s Causeway Visitors’ Centre won three awards – the Liam McCormick Prize, DoE Planning Award and winner in the ‘Over £3million’ category.
Design T DELIGHT for Giant’s Causeway Visitors’ Centre TRIPLE SUCCESS FOR HENEGHAN.PENG AS TOURIST ATTRACTION TAKES THE TOP PRIZE AT THIS YEAR’S RSUA DESIGN AWARDS… 114 | NORTHERN BUILDER MAGAZINE
he Giant’s Causeway Visitors’ Centre collected a hat-trick of accolades at the prestigious RSUA Design Awards in Belfast recently. The Royal Society of Ulster Architects (RSUA) bestowed the night’s top award, the Liam McCormick Prize, as well as the DoE Planning Award on the beautifully constructed tourist centre alongside the top prize in the ‘Over £3million’ category. For the project architect, heneghan.peng, and main contractor, Gilbert-Ash, this triple success is further recognition of their work for the National Trust to create a visitors’ centre that would further enhance the visitor experience at Northern Ireland’s only UNESCO World Heritage site. The 1,800sqm building includes a café, retail area and interactive exhibition, not to mention a grass-topped roof that provides panoramic views of the coastline – all set within a building that is inspired by the famous hexagonal stones yet has become a natural addition to the local landscape. It certainly impressed the judging panel of respected design professionals Robin Mandal (Chair), President, Royal Institute of the
Architects of Ireland, Karen Latimer, Medical & HSC Librarian at Queen’s University, Belfast and Clyde Markwell, Partner at architects, Knox and Markwell. The judges’ citation for the Liam McCormick Prize states, “Without doubt, this building will serve its function for many years to come. It has an ethereal beauty that is timeless. Along with its masterful use of materials and the complexity of its service facilities, it stands as an example of great architecture.” While the focus will quite rightly be on the Giant’s Causeway Visitors’ Centre, the list of winning projects illustrates the diverse nature of work carried out by local architects and the high standards of design. Once again, the awards have fulfilled the mission set by the RSUA when they were initiated in 1998 – namely to raise awareness of architecture and the built environment in the towns and cities across Northern Ireland and also to help raise the standard of architecture. For more information on the RSUA, telephone 028 9032 3760, e-mail info@rsua.org.uk or visit the website at www.rsua.org.uk
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HEALTH & SAFETY T
LIGHTEN THE LOAD AND AVOID LOST WORKING DAYS BY TAKING ADVICE ON MANUAL HANDLING IN CONSTRUCTION FROM THE HSENI…
Better backs in construction
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anual handling is one of the top five health risks arising from construction work, and this year it is is a priority issue for the Health and Safety Executive for Northern Ireland (HSENI). During site visits inspectors from HSENI’s Construction Division will be discussing the manual handling of kerbs, building blocks, panel products such as plasterboard and bagged aggregate. Manual handling accounts for a high proportion of non-fatal injuries in construction. Many construction workers suffer from musculoskeletal disorders, in particular back problems. This leads to lost working days due to ill health and injury, and is also a reason why many people eventually stop working in construction. Working in construction should not be about lifting and carrying materials that are heavy – there are many things that can be done to eliminate and control this. Companies should follow the following essential health and safety measures, even if they don’t directly employ the people working on site • Keep the work area tidy to avoid extra trip hazards when manoeuvring materials. • Eliminate the need for manual handling by preventing unnecessary lifting and carrying. For example, use a machine to position loads and plan where they need to be put. • Avoid heavy materials that could cause problems if they need to be moved by hand. • Choose lighter materials - order smaller bags of cement and aggregates, and keep materials such as concrete blocks dry. • Use simple mechanical aids and make sure they are well maintained. • Improve posture during the laying of bricks by using safe working platforms for laying bricks above chest height. • Consider hiring lifting equipment at a daily rate to lighten the load.
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If manual handling is unavoidable, reduce it as far as possible. For example, deliver blocks close to the point of use, use the lowest weight for the required performance and provide lifting aids where this can effectively reduce handling. You should also allow a reasonable time for the job, because a safe rate of work will reduce the likelihood of injury. Blocks with a maximum weight of 20 kilograms will typically be laid at a rate of up to 20 to 30 units per hour. Allow more time for awkward jobs such as low-lying blocks. If the job still requires manual handling, you should consider whether some training and/or information would reduce the risk to employees. Training should aim to give employees the necessary skills to identify, assess and control risk at their work.
Top tips • • • •
Plan and prepare for deliveries. Find out how much commonly used items weigh. Use simple lifting and moving aids. As a team do not try to handle items heavier than 100 kilograms or use teams of more than four people.
Find out more by visiting the ‘Better Backs in Construction’ website at www.hse.gov. uk/Construction/campaigns/betterbacks/ index.htm or call HSENI’s freephone helpline on 0800 0320 121.
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