Specialist consultants during construction

The correct lines of communication within traditional architect-administered contracts are:

• Client – architect – client
• Architect – specialist consultant – architect
• Architect – contractor – architect
• Contractor – subcontractor – contractor

While it is essential to maintain correct lines of communication, it is equally important to avoid unnecessary delays in processing instructions (including variations). In most cases, delays can be avoided by sending additional copies of the information and preliminary action direct to the party concerned, while still maintaining the lines of communication outlined above.

Standard variation pro forma may be supplied to the specialist consultant to complete and send to the architect when the specialist consultant wishes to initiate variations. The architect is the only authority to issue instructions or variation orders under the head contract.

Back to top

Claims for payment

Subcontractors' claims for payment should be made to the contractor, in accordance with a predetermined time schedule, for inclusion in the contractor's claims to the architect. The subcontractor should also send a copy of the claim to the specialist consultant for information. The claim should detail the work completed and list a progressive total of the value, set out to facilitate checking.

The specialist consultant should check the figures and make any necessary site inspections in order to issue to the architect a recommendation for certification. Both the specialist consultant and the architect have an obligation to expedite claims for payment.

If, when so requested, the contractor fails to produce satisfactory evidence of payment, under most contracts and subject to any procedures laid down in the contract, the owner may make a direct payment to the subcontractor of amounts which the contractor has failed to pay. If to be considered, the client should be advised to seek legal counsel.

Back to top

Statements of account

Where the architect is administering the head contract, the architect must remain informed about the financial position including variations proposed or priced on each subcontract to enable the preparation of regular statements to the client covering the whole contract.

Back to top

Variations and contingencies

The architect and specialist consultants aim to design the building, its structure and its internal systems so that there is minimal need to change the design during construction. However, it is not uncommon for building contracts to contain a contingency sum, to be expended by the contractor only on the written authority of the architect. It is important to differentiate between contingencies arising during construction and additional work requested by the owner. The latter items should be treated separately and not charged against the contingency sum.

Where the contract requires, the owner's written approval for variations should be obtained.

The architect and the client may sometimes agree that urgent on-site instructions can be prepared by the specialist consultant and given to the subcontractor, with a copy given to the architect and the contractor. The contractor must be immediately advised and the process of providing such instruction must remain within the terms of the contract.

Back to top

Inspections during construction

The extent of service for inspection during construction included in the established fee of either the architect or the specialist consultant should be made clear to the client. After each inspection of the work in progress by the specialist consultant a report should be prepared and forwarded to the architect.

Back to top

Completion inspections

This important procedure is usually divided into two stages:

1. Practical completion
2. Completion

Back to top

Certificates from authorities

The certificates required will depend on the classification of the project, and the authorities with jurisdiction over the building, services, equipment and other content. Where certificates or approvals by authorities are required for occupancy of the building and for use by the client of the various mechanical, electrical and lift installations, etc, provision should be made to obtain these. Specialist consultants should assist by specifying the details required of the subcontractor.

Back to top

Practical completion

Most forms of contract describe practical completion as 'the state of being substantially complete and fit for use and/or occupation by the owner', therefore all engineering systems and building work must be a complete 'going concern'. If agreed, minor items requiring adjustment or touching up during the defects-liability period may be included in the work so described. The contractor is generally responsible for ensuring that all testing has been carried out to the satisfaction of the specialist consultant and approval obtained for all systems. The importance of these inspections cannot be over-stressed as they will determine whether practical completion has been reached. It is the responsibility of the head contractor to provide sufficient advance notice to the specialist consultant and architect when inspection and tests are to be undertaken.

During the defects-liability period, minor (and sometimes major) defects may occur which require the specialist consultant's prompt attention.

Back to top