Building a part of the city,

A study into the architectural management of a large

residential construction project.
Professional Case Study
Submitted in Partial Fulfilment of the
APEAS Examination in Professional Practice & Management (Part III) 2008

Valentin Hunzinger
Oberlanders Architects LLP
16 Melville Street
Edinburgh EH3 7NS
Building a part of the city,
Architectural management of a large residential construction project

2
 Acknowledgments

Acknowledgements
I appreciate the assistance of all who have contributed to this case study.
I would like to thank the staff at Oberlanders Architects LLP for their
assistance in my research and access to project information. In particular
I would like to express my gratitude to Andrew Wilmot (the partner
responsible for the project) for his excellent leadership qualities, my
employment mentor, Marion Ross Leitch (senior associate architect
responsible for overseeing the project) for her continued guidance and
support, for which I am extremely grateful, Andrew Lee (the project
architect whom I have been helping and shadowing closely) whose
advice is always helpful and our Quantity Surveyor, Bruce Cargill for his
insights of which I am most appreciative.

3
Building a part of the city,
Architectural management of a large residential construction project

4 fig.3 - Aerial photo showing the Fountain North site boundary


Contents
Part 1 RIBA Workstages A - G
1.0 - Executive summary pg.9
2.0 - Introduction pg.11
2.1 - A brief timeline of the project pg.12
3.0 - Project Environment pg.14
3.1- Architects office pg.14
3.2 - Client pg.15
3.3 Inception pg.15
3.4 Appointments pg.16
3.5 The Design team pg.20
4.0 - Regulatory Issues pg.23
4.1 - Outline Planning Application pg.23
4.2 - Public Realm Application pg.31
4.3 - Detailed Planning Application pg.31
4.4 - CDM regulations pg.34
4.5 - Building regulations pg.35
4.6 - DDA provisions pg.36
Contents
Part 2 RIBA Workstages H - K
5.0 - Procurement pg.37
5.1 - Tender pg.38
5.2 - Contracts, how the works start pg.42
6.0 - Post mobilisation pg.45
6.1 - Health and Safety pg.45
6.2 Quality Control pg.45
6.3 Variations pg.47
6.4 - Value Engineering pg.47
6.5 - Subcontractor designed portions drawings approvals pg.49
6.6 Issues of Delay pg.51
6.8 Project Completion and handover pg.55
7.0 - Conclusion pg.55
Bibliography pg.58
Appendix 1 Fee Matrix pg.61
Appendix 2 Project Team pg.62
Appendix 3 Developer Contributions pg.64
Appendix 4 Contract Particulars pg.66
5
Building a part of the city,
Architectural management of a large residential construction project
List of Illustrations
pg.1 - Sketch computer model by author of Block B3 in context
pg.2 - Visualisation by author for the planning application update February 2007
pg.4 - fig.3 - Aerial photo with addition of Fountain North site boundary by author
pg.7 - fig.4 - Visualisation by author for the planning application update February 2007
pg.8 - fig.5 - EDAW and Oberlanders masterplan overlay onto aerial map.
pg.10 - fig.6 - Extract from Building Design Issue 1763, Friday March 23rd 2007
pg.11 - fig.7 - Historical aerial photo, Pg.21 Old Edinburgh views form above
John A jones Stenlake Publishing Glasgow 2002.
pg.11 - fig.8 - EDAW and Oberlanders masterplan with phases highlighted.
pg.11 - fig.9 - Sketch computer model by author of Block B3 in context.
pg.12 - fig.10 - Sketch computer model by author of Block B3 in context.
pg.12 - fig.11 - Underlay, Oberlanders and EDAW production information.
pg.15 - fig.12 - Photo of St.Vincent Place comissioned by Oberlanders
pg.13 - fig.13 - Oberlanders initial masterplan proposal.
pg.15 - fig.14 - Visualisation by CGI Media Ltd of Outline Planning proposal.
pg.21 - fig.15 - Photo by author of Edinurgh springside cab.
pg.22 - fig.16 - City of Edinburgh Council Development Brief extract
pg.23 - fig.17 - Photo by author of tenement on Fountainbridge
pg.23 - fig.18 - EDAW montage of proposed impact on Fountainbridge
pg.24 - fig.19 - Extract of EDAW and Oberlanders master plan
pg.25 - fig.20 - Outline Application sketches by EDAW
pg.26 - fig.21 - Photo by contractor on site February 2007
pg.26 - fig.22 - Photo by contractor on site March 2007
pg.26 - fig.23 - Photo by contractor on site April 2007
pg.26 - fig.24 - Photo by contractor on site August 2007
pg.27 - fig.25 - Photo by contractor on site december 2006
pg.27 - fig.26 - Photos by contractor of Upper Grove Place
pg.28 - fig.27 - Extract of EDAW and Oberlanders master plan
pg.29 - fig.28 - Outline Application sketch by EDAW
pg.30 - fig.29 - Visualisation by the author for the planning application
pg.31 - fig.30 - EDAW Public Realm Application drawing.
6
pg.33 - fig.31 - Visualisation by CGI Media Ltd of block A2.
pg.34 - fig.32 - Panoramic view of site by contractor 5th May 2007
pg.36 - fig.33 - Panoramic view of site by contractor 5th May 2007
pg.40 - fig.34 - The demolition in progress on site 1st of January 2007
pg.40 - fig.35 - Photo by contractor on site 7th August 2007
pg.40 - fig.36 - Photo by author on site 17th August 2007
pg.41 - fig.37 - Photo by author on site 17th August 2007
pg.42 - fig.38 - Photo by author on site 7th September 2007
pg.43 - fig.39 - Photo by contractor on site 5th November 2007
pg.44 - fig.40 - Photo by contractor on site 14th December 2007
pg.46 - fig.41 - Photo by author on site 9th february 2008
pg.46 - fig.42 - Photo by author on site 22nd february 2008
pg.46 - fig.43 - Photo by author on site 28th february 2008
pg.47 - fig.44 - Photos by author on site 28th february 2008
pg.48 - fig.45 - Photo by author on site 22nd february 2008
pg.48 - fig.46 - Photo by author on site 28th february 2008
pg.49 - fig.47 and 48 - Photos by author on site 14th November 2008
pg.50 - fig.49 - Photo by contractor on site September 2008
pg.51 - fig.50 - Photo by author on site 25th July 2008
pg.51 - fig.51 - Photo by author on site 19th August 2008
pg.51 - fig.52 - Photo by author on site 28th October 2008
pg.52 - fig.53 - Photo by author on site 20th October 2008
pg.54 - fig.54 - Photo by author on site 24th November 2008
pg.55 - fig.55 - Photo by Oberlanders on site 20th October 2008
pg.56 - fig.56 - Visualisation by author for the planning application
pg.57 - fig.57 - Visualisation by author for the planning application
pg.57 - fig.58 - Photo by Oberlanders on site 14th November 2008
pg.61 - fig.59 - Fee spread sheet extract from job files
pg.64 - fig.60 - Extract of City of Edinburgh Council Tram Developer
Contributions
 Acronyms

Acronyms
AMA AMA (New Town) Ltd
ARB Architects Registration board
CDM Construction (Design & Management) Regulations 2007
DDA Disability Dicrimination Act 1995
HSE Health and Safety Executive
JCT SBC/Q/Scot Joint Contracts Tribunal Standard Building Contract With Quantities for use in Scotland
LLP Limited Liability Partnership
NHBC National House-Building Council
NJCC National Joint Consultative Committee for Building
PAN Planning Advice Note
PEDR RIBA Professional Experience and Development Record
RIAS Royal Incorporaton of Architects in Scotland
RIBA Royal Institute of British Architects
RICS Royal Institution of Chartered Surveyors
SCA/2000 Scottish Conditions of Appointment of an Architect 2000 [RIAS, 2000]
SUDS Sustainable Urban Drainage Systems
Workstage As per the RIBA Outline Plan of Work

7
Building a part of the city,
Architectural management of a large residential construction project

Haymarket

e
Bridg
n tain
Fou

ad
Ro
ch
oa
pr
Ap
n
t er
es
W

Bruntsfield

8 fig.5 - Outline application proposal

 Section 1 - Executive Summary

1.0 Executive summary

The objective of this case study is to form an investigative
report, recording, analysing and drawing personal conclusions
on the methods employed during an active contract for a large
and complex urban residential project with an experienced and
demanding client.

I intend to analyse the project through RIBA work stages A-K

and explore the chosen procurement route, appointment
documentation and administration strategy, questioning whether
the decisions made were the most appropriate solutions with
regard to best practice.

Through these investigations two main topics arose:

The complex process of navigating a project of this size through

statutory requirements.

The two stage tendering process and partnering philosophy of

procurement involved, and results of its use in practice.

9
Building a part of the city,
Architectural management of a large residential construction project

10 fig.6 - Building Design Issue 1763, Friday March 23rd 2007.


fig.7 - Historical aerial photo of
Fountain North site, August 1930.
fig.8 - Outline Application masterplan showing
Oberlander administered phases.
Block B3
fig.9 - B3 within the development.
Part 1 - RIBA workstages A-G Section 2 - Introduction
2.0 - Introduction
Background information
The development at 194 Fountainbridge in Edinburgh is a major project to
redevelop a large redundant industrial site previously owned by Scottish &
Newcastle (hereinafter S&N). The budget for the whole project was originally
approximately 200 million with roughly 12 million for the first construction
phase1 I will be looking at. Due to the current economic downturn originally
anticipated subsequent phases have been put on hold. The project as it stands
includes; 240 residences, a park space with a playground, fed by new tree lined
streets linking Fountainbridge and the Western Approach Road.
The focus of this study is on the contracts signed for Phase 3 and particularly,
Jex Blake House (block B3). This fragment of B block, a 6 storey residential
building, with a footprint area of 540 m, containing 45 flats of varying sizes. The
building has a concrete structure with post-tensioned floor slabs above ground
and steel frame on the fifth floor. The envelope is predominantly a lightweight
steel frame system inner leaf with brick outer leaf.
This case study employs two distinct methods of analysis, which will be
distinguished as follows:
Factual accounts of the development Written in Helvetica Neue Light
typeface.
Personal appraisal of outcomes, criticism or commentary Written in Helvetica
Neue Light Italic typeface.
1 The figure was estimated to be 10 million in the final cost plan however
once the tender quotes were received it was found to be 12 million. 11
Building a part of the city,
Architectural management of a large residential construction project

2.1 - A brief timeline of the project

December 2003 S&N market the site, seeking bids for developers either unconditional or
conditional to Outline Planning Consent.

12th January 2004 Oberlanders invited to be lead architect by the joint venture company of
Grosvenor and AMA specifically formed to respond to S&N.

4th February 2004 Oberlanders appointed by the joint venture to prepare the Outline Planning
fig.10 - Block B3 within the development Application on behalf of the joint venture and S&N after successful bid, interview process and
presentation.

14th of January 2005 Outline Planning Application submitted (ref: 05/00106/OUT).

4th December 2006 Demolition Works begun.

11th of December 2006 Outline Planning consent received.

13th December 2006 Submitted Road Construction Consent (RCC)2, Public Realm application
(ref: 06/05235/REM).

15th January 2007 Detailed Planning Application for block B, C and underground carpark
(Approval of Reserved Matters) submitted (ref: 07/00191/REM).

5th March 2007 submitted Staged Building Warrant application 1, substructure and piling.
2The Roads (Scotland) Act 1984
provides for developers to seek Road 19th March 2007 submitted Staged Building Warrant application 2, drainage.
Construction Consent (RCC) before
building new roads. Once RCC is
granted, the developer has a right to 2nd April 2007 submitted Staged Building Warrant application 3, superstructure.
have the road adopted by the local
authority.
pg.7 PAN 76 30th April 2007 submitted Staged Building Warrant application 4, envelopes and internal layout.
http://www.scotland.gov.uk/
Resource/Doc/76169/0019017.pdf 4th June 2007 Public Realm Planning application and landscaping application granted consent.

9th July 2007 Demolition works complete.

12
 Part 1 - RIBA workstages A-G Section 2 - Introduction

10th July 2007 Infrastructure works Phase 1, roads and utility services begun.

3rd August 2007 Detailed Planning Application for block B (Approval of Reserved
Matters) approved.

19th July 2007 Building Control approved Staged Building Warrant applications 1, 2
and 3.

17th September 2007 Phase 3A construction commences. Substructure and retaining

walls B3 and A2 started.

1st October 2007 excavations for underground Car park started.

21st January 2008 the Phase 3A contract signed.

1st May 2008 Building Control approved Staged Building Warrant application 4,
envelope and internal layout.

27th June 2008 sectional completion of superstructures of A2 and B3 for phase 3A.
Phase 3B (the envelope of blocks A2 and B3) begun. The underground carpark and
landscaping, also forming part of this contract are programmed for completion in March
2009.

20th October 2008 sectional completion of A2 for phase 3B (Including 2 week

extension of time).

17th of November 2008 sectional completion of B3 for phase 3B (Including 2 week

extension of time).

fig.11 - Ground floor plan of block B3 Phase 3C (the fit out of blocks A2 and B3) is due for completion in March 2009.

13
Building a part of the city,
Architectural management of a large residential construction project

3.0 - Project environment

3.1- Architects office: Oberlanders Architects LLP
16 Melville Street, Edinburgh, Scotland, EH3 7NS.

A medium sized RIBA chartered practice, established in 1983, now having built up
an extensive experience in health care, research, retail, leisure, student residences
and private homes with a list of happy, repeat clients. The practice became a
Limited Liability Partnership in 2005 thereby reducing the extent of liability of the
partners compared to the provisions of a partnership and improving the prospects
for potential new partners succession. The office turned over 1.52 million in
2007 and employs 21 people, including:

3 partners 3 4 RIBA Part II architectural graduates

1 senior associate 1 interior designer

3 The partners have decided to 2 associates 2 R.I.B.A. Part I architectural assistants

be known as such though the
provisions of the LLP legislation 4 architects 2 secretaries
formally describes them as
members of the LLP
4 We are not ISO 9001 accredited 1 senior architectural technician 1 part-time librarian
as the partners are of the view
this accreditation would require
more bureaucratic work than the The practice has a Quality Management System and Office Quality Policy Manual4.
benefits would warrant for our size The computer program, Archetype, is used as a quality management tool through
of practice and that the chartered
status of the practice already which all correspondence / drawings / minutes / Certificates, staff time sheets, site
provides ample quality assurance. visits, meeting rooms and office equipment bookings etc are recorded.

14

fig.12 - St Vincent Place, New Town
Edinburgh. The building on the left designed by
Oberlanders for AMA.
fig.13 - Initial Oberlanders proposal, the
crescent a historical nod to the route of the
train line
Part 1 - RIBA workstages A-G Section 3 - Project Environment
3.2 Clients: AMA (New Town) Ltd and Fountain North Ltd
Fountain North Ltd is a joint venture company formed by a consortium of RBS, Grosvenor
and AMA (New Town) Ltd specifically to develop this project. Grosvenor, established in
1677 from the estates of the Grosvenor family, is a group of privately-owned international
property development, investment and fund management businesses. AMA is a smaller
property development business, established in 1983 by the Afshar family and operating
principally in Edinburgh.
We have previously been employed by both parties, having completed Saint Vincent
Place and the Afshar house with AMA, and the Fleming Building at the Bush Estate with
Grosvenor.
3.3 Inception
Oberlanders were asked by AMA and Grosvenor who had been included on a short-list
of 5 parties, to attend an interview on the 12th of January 2004 and present proposals
to S&N for purchase of the site. Initial investigations of the site potential led to a proposal
which kept a third of the total land area green space and had a built area of 90,000 m
with a mix of:
Residential for sale: 53%
Affordable housing: 9% (25% of residential units)
Offices: 17%
Hotel, retail & leisure: 19%
Medical centre & crche: 2%
The clients bid to S&N for purchase of the site (conditional to obtaining Outline Planning
Application approval) was successful and we were appointed by FN Ltd on the 4th of
February 2004 through an exchange of letters to prepare the application.
15
Building a part of the city,
Architectural management of a large residential construction project

3.4 Appointments
Whatever the method of securing the commission, the importance of having an
agreement in writing cannot be emphasised enough. It is a requirement of both the
RIBA and ARB codes of conduct 5 Pg.13 - Architects Job Book, 8th Edition

When the job was originally acquired it would have been impossible to foresee how
it would pan out and so, the initial speculative work was covered by a time charge,
agreed by an exchange of letters:

Partner 75
Senior Associate 65
Associate 60
Architect 58
Architectural Graduate 45
Senior technician 65
Technician 50

These rates are comparable but lower than the indicative hourly rates mentioned
in the April 2000 edition of A Clients Guide to Engaging an Architect including
guidance on fees Published by the RIBA.

16
 Part 1 - RIBA workstages A-G Section 3 - Project Environment

3.4.1 - Outline planning application appointment

Unless they are inappropriate, use the RIBA forms of Appointment

6 Pg.9 - Owen Luder, A Guide to Keeping Out of Trouble

Unfortunately the clients did not wish to use the RIBA Standard Conditions of
Appointment as they regard them as being biased in the architects favour. A
bespoke appointment document (vaguely based on the RIAS SCA/2000) was
issued by the client, who suggested it would be used as a basis to be adjusted to
describe the various services later when their extent became known.
On reviewing this document we sought advice from both our RIAS Insurers and
our legal advisor, who suggested amendment of clauses, for example advising us
that one of the advantages of the LLP is the corporate status allowing the name
Oberlanders Architects LLP and no mention of the individual members necessary.
The appointment required a 12 years liability period with a minimum cover of 5
million Professional Indemnity Insurance.

The agreed fee for the job was 4.2% of contract value. This fee covers the
various work stages as set out in the RIBA Outline Plan of Work 2007.

Whereas the RlBA Plan of Work Stage Proportion of 100% fee recommends
only 25-35% for G-L tender and construction7, Grosvenor demanded a
split of 50% up to completion of the construction drawings and 50% after
commencement on site, a fee matrix can be found in Appendix 1.

To take the project to Outline Planning Consent was seen to equate to Workstage
C (Detailed Planning Application at Stage D and the Building Warrant at Stage E),
on the 5th of April 2004 it was agreed to charge a lump sum fee of 250, 000 for
the outline application.

7 Pg. 8 - A Clients Guide to Engaging an Architect 2004 Edition 17

Building a part of the city,
Architectural management of a large residential construction project
8 The NHBC is the
standards setting body for
the new homes industry and
independent warranty provider
for new and newly converted
homes in the UK.
9 Page 2 First recital of Phase
3A JCT SBC/Q/Scot 2005.
18
3.4.2 - Detailed planning application appointment
Having obtained Outline planning consent we were sent an adjusted generic appointment document by the
client for the first phases, with an agreement that Oberlanders would get the lions share of future phases.
Again we sought advice both from our insurers and legal advisor, there was concern about the wording of
a clause, indicating that the architect is to ensure that NHBC8 cover is obtained for each unit, which was
removed as this could be out with the architects control. On the 6th of July 2006 the schedule of services
was agreed and the documents were signed and formally confirmed.
3.4.3 Construction phase appointment:
Due to the size of this project the work has been split into various phases. Contract Administration for
the first 2 phases, demolition, infrastructure and utilities was undertaken by the projects engineering
consultants Goodson Associates and Goodson Cole.
The phase 3 construction contract was administered by Oberlanders. This phase was further fragmented
after Grosvenor received profit risk assessments from head office and decided they could not afford to
carry on investing as planned. AMA essentially stepped in to take charge of most of the project which was
split into phases facilitating the project continuity.
Phase 3A (Contract sum: 9,011,089.72) involving: The construction of the underground car park, piling
to blocks A2, B2, B3 and C2 substructure of B2, the concrete frames of A2 and B3, part of the West
pedestrian retaining wall and all associated drainage works and public realm landscaping9, is covered by
a bespoke appointment as described above with Fountain North Ltd signed on the 26th of April 2008 for a
3.75% fee.
Phase 3B (Contract sum: 3,221,800.58) involving: The complete building envelope of blocks A2 and B3
and internal pre-cast stairs, is covered by a similar bespoke appointment with AMA signed on the 12th of
May 2008 also for a 3.75% fee.
Phase 3C, the fit out of A2 and B3, our appointment with AMA remains unsigned, though fit out production
information is being progressed.
 Part 1 - RIBA workstages A-G Section 3 - Project Environment

3.4.4 - Appraisal of Appointment

The amount of future work involved due to the large size of the project
was very attractive to Oberlanders. This enthusiasm was reflected in the
competitively low fees10. Estimates with reference to data from smaller but
similar projects were employed to ensure the fees would cover expenses and
provide a reasonable profit. Given the clients propensity to tough negotiation
its my perception that Oberlanders did well in agreeing on these fees. Project
Resource planning sheets could have been employed to further test whether
this income was a realistic prediction.

The fee situation became more complex when the work was split by
construction phases rather than individual buildings as we had been calculating
the fees during outline application on construction costs of each building, not
fig.14 - Visualisation of final outline proposal massing phase.
Residential
We receive payment regularly from the clients as programmed instalments
Commercial / office agreed on fee matrix charts covering all the phases. However the reality is not
always as simple as the theory and as the contract has progressed the clients
Student residences have changed some of the work, for instance requesting a nominal element
Retail of construction above ground for C2 (nicknamed the golden brick) to be laid
before a certain date, in order to obtain a benefit, in this case a tax concession,
requiring the piling and foundations to be transferred to the 3A contract.
These kinds of changes result in complicating the process of invoicing our fees
appropriately and could lead to loss of fees if not carefully controlled. Fees have
to be constantly reviewed, reconfigured and renegotiated to reflect the shifting
work.

10 Being much lower than the 5.9% shown on the indicative percentage fee
scales: classic service graph from the RIBAs A clients guide to engaging
an architect including guidance on fees of April 2000, indicative fees are no
longer published by the RIBA.
19
Building a part of the city,
Architectural management of a large residential construction project

3.5 The Design team

The following is a list of the consultants involved with Springside, for further details about these
firms please consult Appendix 2.

Quantity Surveyor: CBA Quantity Surveyors Limited

Structural Engineer: Goodson Associates Limited

Road and highways consultants: Goodson Cole Transportation Associates Limited.

Mechanical and Electrical Engineer: Blackwood Partnership

Landscape Architect: EDAW PLC

Main contractor: BAM Construction UK Ltd (Before rebranding on October 7th

2008 known as HBG Construction Scotland Ltd)

CDM coordinator: Peter Graham & Partners

Acoustic Consultant: Robin Mackenzie Partnership

Fire Engineering Consultant: JGA Fire Engineering Consultants

Security consultants: SES Strategies Limited

20
 Part 1 - RIBA workstages A-G Section 3 - Project Environment

As the final details of the clients purchase agreement with S&N were being completed, at the outset of
the project, the client appointed the full design team. The appointment of other consultants separate
from our own appointment is not uncommon for a development of this size where the client wants
access to impartial information, for instance regarding cost. As Chappel and Willis point out;

It is better for the architect if the consultant is employed directly by the client, because there is a direct
contractual link established between consultant and client. 11 Pg 129, The Architect in Practice 9th Edition.

Because the consultants are legally accountable to the client the architect is not normally held
responsible for their performance. However it is crucial that as lead consultant the architect knows who
is assigned to do what, so as to avoid overlapping work. In this case we didnt expect to be finding
ourselves designing the below podium slab drainage layout, not being experts on the matter, but
Blackwoods and Goodsons had written it out of their appointment and although it wasnt specifically
mentioned in ours someone had to do it.

The clients also appointed other consultants who cannot strictly be classified as members of the design
team but still had a role to play, including; Hoop Associates (marketing consultants), Savills (estate
agents), CGI Media Ltd (visualisers) and Weber Shandwick (public relations consultants).

Ideally, meetingsshould be concentrated, focused and quite intense, so that all participants are aware
of the value (and cost) of the event and what needs to be achieved as outcomes
12 pg.23 A guide to working with consultants, Neil Parking

The large number of consultants on this project was sometimes very demanding, with many meetings
counting 20 heads, it was crucial to make sure all people attending had a purpose and a good agenda
was in place, allowing all attendants the means of voicing their concerns and adding their value to the
proceedings.
fig.15 - Edinburgh
springside cab

21
Building a part of the city,
Architectural management of a large residential construction project

22 fig.16 - Development brief extract

 Part 1 - RIBA workstages A-G Section 4 - Regulatory Issues

4.0 - Regulatory Issues

4.1 - Town Planning

Planning is fundamental in shaping our cities, towns and rural areas. It also has a pivotal role
in achieving the five objectives of a wealthier and fairer, healthier, safer and stronger, smarter
and greener Scotland.
13 http://www.scotland.gov.uk/topics/built-environment/planning

To avoid piecemeal development S&N assisted the City of Edinburgh Council by partaking
in commissioning and resourcing of the Fountain Area Framework led by GVA Grimley
(property advisors) and Allan Murray Architects Limited who released a master plan and
Development Brief in April 2004.

4.1.1 Outline and Public Realm Applications

The Development Brief was a useful document as it listed information required to augment the
Outline Planning application, such as maximum levels of floor space/units, zoning and building
heights, where it envisaged respect for the tenemental scale of existing surrounding residential
fig.17 - Tenement on streets. Historic Scotland were keen to point out the value of the neighbouring Frederick
Fountainbridge Pilkington designed, 1864 tenement and that development should ensure that their current
prominence is not diminished 16 pg.25 Outline Planning Application approval document.

The clients did not issue a formal brief themselves, but through correspondence it became
clear their priority was maximising developable quantity, with as much high quality residential
for sale as possible. The clients had employed marketing consultants and estate agents who
advised the housing should be aimed at young professionals with a mix of different unit sizes
with a high proportion of 1 and 2 bed flats.
fig.18 outline proposal
massing photo montage
23
Building a part of the city,
Architectural management of a large residential construction project

24 fig.19 - Fountain north site Oberlanders and EDAW Outline Application master plan

fig.20 - Outline Application
sketch
14 A section 75 Agreement
is a bespoke legal document
employed by the council to
articulate project specific
requirements.
Part 1 - RIBA workstages A-G Section 4 - Regulatory Issues
In terms of land use the council planning department encouraged a
balanced, broad mix of uses with approximately 50% residential. Each new
residential development must provide a certain percentage to be affordable
housing, dependent on the local council. In this case it should have been
25%, but was negotiated down to 22.5% by the clients on grounds of the
quality of the public realm proposed and the councils high aspirations for the
area.
Through discussions with City of Edinburgh Council Transportation the
design developed such that one, pedestrian friendly road designed to serve
and service the site, creates a loop from Upper Grove Place back round to
Brandfield Street, with the primary vehicular link positioned over the Lochrin
Sewer (for ease of its future maintenance) giving access onto the Western
Approach Road.
A Section 75 Agreement14 was attached to the Planning Consent and
included the developer contributions that the council requires. Charges
came to 1.2 million because the development is within 500 metres of
tram route line two and therefore comes under an extra levy, known as the
Tram Developer Contributions. Please see Appendix 3 for council map and
relevant legislation.
A firm of public relations consultants Weber Shandwick was employed
to deal with the community and explain and promote the development.
One neighbour still uses his own website to criticise the project, see www.
gardyloo.org. Oberlanders notified the neighbours of the planning application
submission by post, relevant objections were then published along with the
determination of the application (see the planning portal http://citydev portal.
edinburgh.gov.uk/portal/portal.jsp).
25
Building a part of the city,
Architectural management of a large residential construction project

fig 21 - Fountain north site February 2007 fig 22 - Fountain north site March 2007

fig.23 - Fountain north site April 2007 fig.24 - Fountain north site August 2007
26
 Part 1 - RIBA workstages A-G Section 4 - Regulatory Issues

4.1.1.2 - Environmental Sustainability

For a building project to take best advantage of the opportunities for environmental
and social enhancement these aspects are best placed on the agenda at the outset.
15 Pg.23 Green Guide to the Architects Job book 2nd Edition Sandy Halliday

An environmental impact report formed part of the submission. The client held
meetings to explore opportunities in relation to both construction and operational
performance issues. There was brief enthusiasm for a Combined Heat and Power
system feeding the whole development though it was later ruled out on grounds of
cost and client perception that common heating would not find favour with buyers of
individual flats.

Blackwoods commissioned Integrated Environmental Solutions (IES) Ltd to produce

site shadow analysis patterns for the developing proposals.
fig.25 - Fountain north site december 2006
Goodsons incorporated SUDS into the design of the Public Realm application. The
porous paving allows rainwater run off to be naturally filtered through pebbles and
in this case a large attenuation tank, before being allowed back into the drainage
network.

The existing stone buildings were deemed of not high enough merit to be refurbished.
During the demolition it was more economically viable to crush all the stone than
preserve it in blocks for reuse.

fig.26 - Upper Grove Place, existing wall removed carefully to make way for block B3
27
Building a part of the city,
Architectural management of a large residential construction project

28 fig.27 - Fountain north Outline application master plan detail extract, red boundary showing extent of construction phases 3, 4 and 5.

Fig.28 - Outline application sketch
Part 1 - RIBA workstages A-G Section 4 - Regulatory Issues
4.1.1.8 Appraisal of Outline Planning Application
On the 14th of January 2005 we submitted the application and received a letter
on the 11th of December 2006 informing us we had gained outline planning
consent. This tardy response had been expected as the approvals release was
subject to the signing of the Section 75 by the clients, who understandably had
been waiting till the last possible chance to release the sum attached to it, to pay
S&N for site purchase.
I feel that Oberlanders along with the rest of the design team did well in working
successfully through the vast amount of issues related to a development of this
size (which I merely touch upon given the required brevity of this document). That
the tenemental height was very slightly transgressed with a set back penthouse at
fifth floor level was regarded by the client as a huge success.
29
Building a part of the city,
Architectural management of a large residential construction project

30 fig.29 - Early visualisation from Fountainbridge

towards the western Approach Road

Fig.30 - Anticipated Public Realm
16 These parts of the project were all
Reserved Matters applications as they
came in line with the massing approved at
outline application, block A2 was different
as it exceeds the eaves height
Part 1 - RIBA workstages A-G Section 4 - Regulatory Issues
4.2 Public Realm Application
The Public Realm Application was submitted by EDAW upon granting of the Outline
Planning Consent. Many of the trees anticipated in the outline planning application
had to be omitted as they were seen by City of Edinburgh Council as being
obstructions to both lighting and fire services.
4.3 Full Detailed Planning Consent
There were a number of applications submitted covering the various blocks, as this
case study focuses on block B3 I shall describe the submission relevant to it, which
also includes the rest of B block, block C1 and the underground car park 16. At
regular intervals during the design development CBA were asked to produce cost
plans, initially these revealed the project to be out of line with the clients budgetary
requirements. The design was modified to suit and in this way the project developed
through a careful balance of quality and cost.
4.3.1 Neighbour objections
Weber Shandwick continued keeping neighbours informed on latest developments,
producing leaflets and convening community meetings. Neighbours directly adjacent
our proposed continuation of the street had to reposition their flue outlets adjacent our
new party wall, they were warned well in advance and the clients reimbursed them for
these works.
31
Building a part of the city,
Architectural management of a large residential construction project

4.3.2 - Environmental Sustainability

Fifty percent of all resources consumed across the

planet are used in construction, making it one of the
least sustainable industries in the world
17 Pg.3 Brian Edwards, Rough Guide to Sustainability 2nd Edition
RIBA Enterprises 2005 London

A full sustainability report from Blackwoods was commissioned to be the

principal influence on the detailed environmental design of the buildings.

Although we looked into numerous measures including passive solar gain,

rainwater harvesting and energy efficient building envelopes18 these failed to
materialise due to cost implications.

We have provided:

Minimised water consumption through aerated taps and showers, low

flow dual flush WCs.
Water filtration and attenuation reducing impact of water run off.
Lights and appliances achieving high energy efficiencies.
Priority to pedestrians and cyclists
The contractor is part of the Considerate Contractors Scheme.
Actively engaged in minimisation of negative effects on the environment
during construction.

18 the Ecodyn Ecohomes report recommended a

32 15% improvement to regulation U-values

fig.31 - CGI Media Ltds
visualisation of block A2
seen from over the Western
Approach Road
19 pg.9 - Homes for the future:
more affordable, more sustainable HMSO
2007, http://www.communities.gov.uk/
publications/housing/homesforfuture
Part 1 - RIBA workstages A-G Section 4 - Regulatory Issues
4.3.3 - Appraisal of Full Detailed Planning Consent
We submitted the final detailed planning application on the 15th of January
2007. Block B was approved at City of Edinburgh Council Committee on the 1st
of August 2007 with conditions, including:
The omission of single aspect flats to lower floors for replacement with
dual aspect, and re-run of the lighting simulations.
Adjustment to the composition and materials of block B3 Upper Grove
Place faade, to suit better the pattern of its tenemental neighbours, with
zinc cladding mimicking slate roof.
The outcome was very welcome and added quality to the project. I was
disappointed with regard to the implementation of sustainable ideas. As the
market becomes more environmentally friendly the marketing benefits of
healthier homes with cheaper running costs may become more recognised,
in the meantime it seems legislation is the best means of achieving client
commitment on these matters. We [the government] want all new homes to
be zero carbon from 2016. We will strengthen building regulations by 25% in
2010 and by 44% in 2013 to set the standards we need to help achieve this.19
Personally I believe more encouragement of the reuse of materials, as well as
minimised heat loss and CO2, would have aided the project even further.
33
Building a part of the city,
Architectural management of a large residential construction project

4.4 - CDM regulations

The CDM regulations, updated in 2007, devised by the government to curb the
large amount of injuries and fatalities to which the construction industry is prone, put
a number of obligations on all involved in the industry.

20 The original CDM Co-ordinators
Reiach and Hall architects (known
as PLanning Supervisors at the time
under the previous 1994 regulations)
were replaced with Peter Graham
and Partners after Outline Planning
application consent.
21 Job file email refering to the
Records of Wells from the
Geological Survey of Great Britain
1835 and a tunnel on the 1896 plan
A CDM coordinator was appointed at the outset of design20 to notify HSE, advise
the client on health and safety issues and cooperate with the design team.
Initial Health and Safety concerns ranged from the possibility of residual asbestos, to
pinpointing ventilation shafts of several disused wells on site 21.
At detailed design stage the onus was on the whole design team with ourselves as
lead consultants to eliminate, reduce, inform others about and control all risk within
the design. Health and Safety plans and reports were prepared for each of the
various demolition and construction phases. The site health and safety regimes are
touched upon in section 6.1

Upper Grove Place Site of block B3

34 fig.32 - Panoramic view of West side of site 5th May 2007

 Part 1 - RIBA workstages A-G Section 4 - Regulatory Issues

4.5 - Building regulations:

A Demolition Warrant was obtained by the
structural engineers for phase 1.

Each subsequent construction phase had its own

staged Building Warrant applications22. Block B3
has four separate submissions, 3 of these (The
substructure / piling, the drainage works and the
superstructure) are self certified by the engineers.
The submissions were split for flexibility and to speed
up the process, allowing work to progress on the
self-certified elements (approved early) while waiting
for consent of the internal layouts.

We requested relaxation of the regulations for a set

of automatically opening vent windows, less than 2m
away from neighbouring residents windows.

The car parks natural ventilation system had

to be supplemented with induced natural
ventilation (impulse fans) as it did not comply with
Building Regulations natural ventilation provision
requirements23. Additional ventilation voids in the
podium slab were not suitable as they would have
had visual, acoustic and exhaust fume implications
at entrances and main elevations.

22 The total fees due to Building Control for all the applications was 90 000
23 As shown by Strathclyde Universitys Computational Fluid Dynamics (CFD)
ventilation study, indicating unacceptably high C02 concentrations 35
Building a part of the city,
Architectural management of a large residential construction project

4.6 - DDA provisions:

The DDA Act 1995 makes discrimination against disabled
people illegal. Within the project the following provisions have
been made:

Level access to all ground floor residences and egress

space at escape stair.

Lifts providing access to all floors.

Doorways achieving a minimum 800mm clearance.

Visibly distinct entrances and tactile paving.

Though there are slight but distinct level changes through

the site, steps are supplemented with ramps and sloping
ground to allow access to all zones for all potential visitors
and habitants.

36 fig.33 - Panoramic view of the East side of site 5th May 2007
 Part 1 - RIBA workstages A-G Section 5 - Procurement

5.0 - Procurement
In choosing a procurement route, cost was the controlling factor but the quality of the
end product was considered important too. The clients considerable experience in
building procurement led them to dismiss the design and build option as it was not
seen to be in keeping with the fundamental requirement for quality. As cost certainty
was required prior to construction start, a management contract, where the cost is
not known until the last tender has been let, was also deemed unsuitable.

The traditional procurement route was chosen, by way of a lump sum contract
(where the amount is determined before the contract begins and is written into the
contract) allowing the key client requirement of cost certainty to be achieved and
maintaining control of the quality, through the design team.

The client ideally wanted all work designed, coordinated, billed, tendered, cleansed
and key subcontractors engaged prior to construction commencement, thereby
achieving a good degree of cost certainty. However with a tight programme from
approval of the planning applications to construction of the first phase, although the
construction information was in essence complete, many of the finer details remained
to be agreed / resolved.

Western Approach Road Site of block A2

37
Building a part of the city,
Architectural management of a large residential construction project
25 Covering pre-contract stage fees,
management structure details,
continuity of site personnel,
partnering agreements, examples
of pre/post contract involvement,
tender price versus final project
cost and negotiated versus
tendered work.
26 See section 6.4 Value engineering
38
5.1 - Tender
The Administrative burden of competitive tendering should be reduced as far as
is practicable, and accepted tendering procedures always followed. Two stage
tendering may be justified in some jobs...but the essentials of appropriate tender
documentation, adequate time, and short tender lists remain. 24 pg 31 - A guide to
Sound Practice Stanley Cox
The clients decided to take a two-stage tendering approach. A single main
partnering contractor was selected to engage with the Design Team very early, at
outline planning application stage, and was subsequently awarded the contracts
once the production information was progressed.
A questionnaire25 was issued in April 2004 and interviews held with 4 contractors
(BAM, Balfour Beatty, Sir Robert McAlpines and Laing ORourke) seen to be large
enough to handle the job.
In terms of cost, CBA advised that there was virtually nothing between the
candidates. In May 2004, the clients, taking into account the experience and
views of the team, decided that BAM were the preferred contractor.
Along with a large amount of demolition and infrastructure work, which had to
take place before any construction could begin. The advantages of having the
contractor on board so early, in theory26 , were:
1 - Time and cost savings through contractors assistance in developing the
design.
2 - Minimised risk through contractors advice on buildability and sequencing.
3 - A greater degree of transfer of risk to the contractor by involvement with
ground and site investigation.

Where partnering is used
over a series of construction
projects, 30% savings are
common and a 50% reduction
in cost and an 80% reduction in
time are possible in
some cases. Pg.12 The
Egan Report 1998, Rethinking
Construction
27 Pg 62,
Recommendation 19
The Latham Report
28 Pg.3 The JCT
Partnering Charter
(Non-Binding) 2005
Part 2 - RIBA workstages H-K Section 5 - Procurement
5.1.1 The Partnering Agreement
Any partnering arrangement should include mutually agreed and
measurable targets for productivity improvements. 27 The Latham report
BAM are a partnering contractor with the client, having everything in place
to carry on construction they will probably carry out all the subsequent
phases. However there is no real formal partnering document in place; it is
a gentlemens agreement, existing in exchanges of letters and in so far as
there is a signed common user services agreement between both parties.
There were no formal systems for monitoring how the work benefited from
this partnering, no targets in place or particular partnering objectives. To add
value for money the JCT Partnering Charter (Non-Binding), could have been
employed where:
The signatories agree to act:
in good faith;
in an open and trusting manner;
in a co-operative way;
in a way to avoid disputes by adopting a no blame culture;
fairly towards each other; and
valuing the skills and respecting the responsibilities of each other.28
The Charter is a formal document and provides for objectives being
measured against performance indicators. 28
39
Building a part of the city,
Architectural management of a large residential construction project

fig.34 - The demolition in progress on site1st of January 2007

fig.35 - Site 7th August 2007

fig.36 - Site 17th August 2007

40
 Part 2 - RIBA workstages H-K Section 5 - Procurement

5.1.2 Tender appraisal

The billing and tender packages issued before construction provided

the means of calculating the initial contract sum. The quantity surveyors
take information from billing drawings, in this case split into work
packages, and use the SMM7 (Standard Method for Measurement
published by the RICS) to calculate an approximate cost. Once this is
approved by the client, the drawings are marked tender and sent to
the contractor who (for phase 3) competitively tendered the work to a
number of subcontractors. The subcontractors that passed the tender
cleansing process29 became preferred sub contractors and were then
asked for an uplift quote for subsequent phases, making valuations
more accurate. Subsequent quotes can then be compared to the uplift
figure and, if found within the cost plan, accepted. This saves the work
of undergoing the tender procedure again. The tenders came in over
the cost plan budgets and cost savings were required by the client as
described later in section 6.4. Interviewing our quantity surveyor Bruce
Cargill I am of the understanding that an uplift quote was not given as
the contractors argued that it was impossible to predict an accurate
uplift under the market situation at the time (with steel and other material
price fluctuations), subsequent phases were priced through negotiation.

Phase 4 and 5 came in on budget apart from phase 5A, block C2.
Livingston Mechanicals quote for this block was much higher than
anticipated and a 100 000 saving was achieved when the work was
competitively tendered. The continued decline of the economic climate
may have had some part to play in this, as work becomes scarcer
contractors become more enthusiastic to obtain jobs.

29 Consisting principally of CBA

and BAMs own quantity
surveyors qualifications.
fig.37 - 17th August 2007 Britains biggest 41
piling rig commences work on block B3
Building a part of the city,
Architectural management of a large residential construction project
fig.38 - 7th September 2007
Unless there are inescapable
reasons to start work on site
before a contract has been
finalised, advise your clients
very strongly against issuing
letters of intent. However
well drafted, these
can soon become the
meat for lawyers, who will
scrutinise their precise
meaning and what
should be paid if, for
whatever reason, a formal
contract is not agreed.
Pg 40. Small Practices, A guide to
keeping out of trouble, Owen Luder
RIBA Publications 2001.
31 Pg 23. Small Practices, A guide
to keeping out of trouble, Owen
Luder RIBA Publications 1999.
42
5.2 - Contracts, how the works start
Contract- (n.) A formal writing which contains the agreement of parties, with the terms and
conditions, and which serves as a proof of the obligation. 30 The Oxford Dictionary
Each phase has its own contract. Phase 1, the demolition and 2, the utilities and
infrastructure, administered by Goodson Associates and Goodson Cole, were completed in
October 2007.
All Construction Information for phase 3 was issued on the 10th of September 2007.
Construction for Phase 3A commenced on the 17th of September 2007. However, it was not
until the 21st of January 2008 when the superstructures were nearly complete, 4 months later,
that the contract (JCT 2005 SBC/Q/Scot (Revised May 2006)) covering the work was signed.
Our production information and the contractors construction work was carried out initially
under Letters of Intent from the client. This is not best practice, as Owen Luder points out,
Many contracts are started before the final contract documents are agreed, let alone signed
a situation that can lead to arguments later. Not to be recommended unless unavoidable.31
The problem being that cost and programme and all the other items covered by a contract
are not formally agreed and therefore not necessarily legal obligations as recognised in a court
of law. As far as I can gather the clients do not want to sign the contract until all work has
been tendered and sum completely finalised. On work of this size, and with late variations,
some work was not let immediately. Also, I believe, that with both client and contractor being
experienced builders, the amendments initially made by the client to achieve a better deal,
are subject to lengthy negotiations involving legal advisors on both sides, with neither party
willing to sign until they are fully satisfied over the terms of the final contract.
JCT contracts are intended to be read as a whole, and ill conceived amendments can
produce unintended results when construed at law. Ad hoc amendments should be avoided
as far as practicabledone only with appropriate professional advice 32 Pg.8 Deciding on the
appropriate JCT contract Practice Note 2007

fig.39 - 5th November 2007
33 The conractor receives 5% of the
subcontractors fee.
34 Pg.6, Para 9.5 - NJCC Code of
Procedure for Two Stage Selective
Tendering
35 Building magazine
Procurement: Two-stage tendering
2006 issue 19, Davis Langdon, Simon
Rawlinson
Part 2 - RIBA workstages H-K Section 5 - Procurement
A similar contract has only recently been signed for phase 3B (the shell and envelope of
blocks A2 and B3) between BAM and AMA.
The contract was supplemented with a Schedule Part 9 incorporating Amendment 1,
April 2007, updating the contract to take into account the new CDM regulations, and
also has a number of other amendments to the standard form, including those of most
interest listed in Appendix 4.
5.2.1 - Appraisal of Procurement
Given the clients principal criteria for cost certainty, phased traditional contracts with
lump sum fixed prices perform well, allowing fully designed contract documentation,
with high quality specification, to be developed with tight cost control prior to contract
acceptance. The staged contracts allowed the flexibility that the client fully took
advantage of in completing work seen to be most valuable/necessary at the time. As
it turned out, with the work packages being separately billed and tendered, the project
proceeded in a not too dissimilar way to a Management procurement route. The
true cost was not known until all work had been tendered. It is hard to say whether
better value for money may have been achieved through requirements for more use of
competitive tendering, however the system as it was/is provided little incentive for the
contractor to achieve low quotes.33
The JCT Code of Procedure for Two Stage Selective Tendering states It should
be noted that designs developed to suit one contractor may not suit others, and
the advantages of collaboration may be lost34 if the preferred contractor were not
to receive the second stage contract. In this way the in-situ contractor maintains
considerable leverage providing limited ability for the employer to negotiate the terms of
the final contract or to force the contractor to agree a guaranteed maximum price. 35
As the amount of work was changed through the contract a guaranteed maximum price
would not have been practicable in this case. However, as the last contracts for the
final phases are started there is no guarantee of future work to act as a carrot and the
contractor may endeavour to recoup all he can out of the current contract.
43
Building a part of the city,
Architectural management of a large residential construction project

fig.40 - Site 14th December 2007

44
 Part 2 - RIBA workstages H-K Section 6 - Post mobilisation

6.0 - Post mobilisation

6.1 Health and Safety

The early appointment of the CDM co-ordinators ensured that the health and safety
plans were detailed enough to provide the rigorous measures necessary to protect
everyone on site.

As the site is so large an extensive health and safety regime is in place. Grosvenor
requested all Oberlanders staff to be CSCS Construction Skills Certification Scheme
registered and BAM require all visitors to complete a formal site induction before being
allowed on the site.

6.2 Quality Control

The main method of administration and monitoring of the site work is through fortnightly
technical and progress meetings. Perhaps unusually for a job of this size, a site based
Clerk of Works was not employed. Sample panels of certain important elements are
provided for inspection and regular site inspections are conducted.

The contractor put in place an electronic data management system (EDMS) for the
job, through which all drawings are issued. The system also stores common project
information, correspondence (i.e. Meeting Minutes, Reports, letters, faxes), contractor
Confirmations of Verbal Instruction (CVIs) and Requests for Information (RFIs).

Certificates and Architects Instructions are uploaded onto the EDMS but also require
a paper copy to be issued to the Client, Contractor and Quantity Surveyor. Interim
certificates are derived from valuations prepared by the Quantity Surveyor on a monthly
basis and account for the increasing contract sum due to additions to the contract.

45
Building a part of the city,
Architectural management of a large residential construction project

fig.41 - 9th february 2008 - Underground car park and A2 lift shaft

fig.42 - 22nd february 2008 view from A2 over B3 first floor slab and car park

fig.43 - 28th february 2008

46
 Part 2 - RIBA workstages H-K Section 6 - Post mobilisation

6.3 Variations
The client imposed a procedure for the project whereby anybody requiring to
make a variation circulates this around the whole team using a VAR form so that
everyone has the opportunity to pass comment on the variation which can be clearly
monitored and costed appropriately. An Architects Instruction should only be issued
subsequent to everyones approval of the VAR.

6.4 - Value Engineering

There were value engineering decisions taken post competitive tender to omit
screed, thin down steel section sizes of the balustrades, remove timber packers and
simplify the canopy roof detail due to tenders coming in over budget as mentioned
in section 5.1 and 5.1.2. The balustrade metal sizes, as advised by the structural
engineers were reduced after a sample panel was agreed by the whole team to
be oversized and hazardously heavy. The other decisions could have been flagged
up earlier by the contractors within their advisory role at the first stage of their
employment, pre-tender. They demanded substantial revision work and put us on
the back foot with regards to issue of this information. To make matters worse we
did not properly fee these additional services (Clause 15 Additional Services of
our appointment does provide for additional work to be remunerated but only to
an agreed limit). The ongoing work and goodwill towards the clients in the hope of
attaining future phases and projects went some way in allowing us to subsidise the
extra work ourselves. However I feel that these cost saving exercises did not achieve
as much of a saving as they might, had they been anticipated earlier and been
competitively tendered.

To avoid these problems:

A full Value Engineering exercise should not be left later than stage E and ideally
performed by an independent consultant.

Oberlanders should have a stricter system in place to control the extra cost that
fig.44 - Post tension details variations entail.
47
Building a part of the city,
Architectural management of a large residential construction project

fig.45 - block B3 22nd february 2008 fig.46 - block B3 14th March 2008

48
 Part 2 - RIBA workstages H-K Section 6 - Post mobilisation

6.5 - Subcontractor designed portions drawings approvals.

To save time in resolving discrepancies it was agreed that the metalwork and
window sub-contractors could liaise directly with the architect (instead of via the
main contractor) allowing order deadlines to be met more efficiently. As it turned
out a window type (affecting ten windows) slipped through our approval procedure
and was manufactured to the width of the lintel above, 300 mm wider than the brick
opening already constructed. It became clear that other than to knock down and
rebuild the walls, the only remedy was to relocate the windows elsewhere and order
replacements immediately.

This brought up contractual complication as the windows were going to have to be

repositioned on block B2 which is covered by a different contract. Fortunately the
clients were quite relaxed about it and the exchange went ahead without too much
difficulty.
Although it could be argued that the contractor has all the information to determine
if the windows fit, they would argue the architect has to take these responsibility (as
it involves checking for Building Control compliance). To avoid a repeat of this, the
windows for future blocks have been triple checked however in my opinion it wouldnt
do any harm for the fitters to check manufacturers drawings too.

49
Building a part of the city,
Architectural management of a large residential construction project

fig.49 - block A2 and B September 2008

50

fig.50 - block A2 and B3 25th July 2008
fig.51 - block A2 and B 19th August 2008
fig.52 - block A2 and B 28th October 2008
36 Pg.34, JCT SBC/Q/Scot 2005
Part 2 - RIBA workstages H-K
6.6 Issues of Delay
On the 27th of June 2008 we received a letter from BAM citing a potential 8 week
delay to cill and flashing work packages. Relevant event no.6 (clause 2.29) was cited
any impediment, prevention or default, whether by act of omission, by the employer,
the Architect/Contract Administrator 36. The late issue of a flitchplate detail, revised
timber cladding and delay in production of metal window flashing drawings were all
referred to and the contractor asked for the phase 3B Sectional Completion dates to
be extended by a fortnight.
The issue of late information was eventually accepted. Although it was at first argued
against; Clause 2.29.6 goes on to say except to the extent caused or contributed by
any defaultof the contractor or any of the contractors persons. As these drawings
had to be produced in conjunction with the window sub-contractors, it could be
argued the delay was the contractors own fault. Oberlanders pointed out, in a letter
to the contractors dated the 16th of October 2008, we had only received shop
drawings for comment and approval 3 days before we received the letter citing critical
information delay (a week is usually regarded as reasonable time). As Birkby and
Brough point out, the phrase late information has been considered by the courts
which held that it meant in reasonable time, not necessarily in time to avoid delay
(Percy Bilton vs GLC) 37. They go on to say The fact that a contractor had said that
he required the information by a certain date is not conclusive that there would be
delay if it was not provided on that date37 As such we could also have argued that
because the contractor did not warn us the information was going to cause a delay
it falls outside terms of clause 2.29.6. However, in reality contractual arguments are
37 Pg.38 and 41 Extensions of time
Explained, Gillian Birkby and Paul Brough. 51
Building a part of the city,
Architectural management of a large residential construction project

52 fig.53 - block A2 and B 20th October 2008


38 Pg36 Latham Report
39 Pg.293 Keating on Construction
Contracts, Stephen Furst and Vivian Ramsey.
40 Pg. 53 Extensions of time Explained,
Gillian Birkby and Paul Brough.
Part 2 - RIBA workstages H-K Section 6 - Post mobilisation
detrimental to good team working relationships involving trust, respect and friendship,
and therefore the work and are best avoided, as the Latham report points out During
successful projects the contract document is left in the drawer.38
We issued a two week extension of time confirming the contractor was currently
reporting no loss and expense cost implications to the contract. A principle reason
for the inclusion of an extension of time clause in the contract is to allow the employer
to recover liquidated and ascertained (L&A) damages should works not be completed
by the predetermined completion date. Extensions of time do not automatically entitle
the contractor to loss and expense, these are applied for separately under clause
4.23 at the time they are incurred, as Keating points out damages are to compensate
for actual loss and must be proved39. The extension of time we granted was based
on Clauses; 2.29.1 - variations, 2.29.6 - late information, and 2.29.8 - exceptionally
adverse weather conditions (August 2008 saw record breaking rainfall).
The contractor agreed this would not add any extra cost as overheads are covered by
the ongoing work with the rest of the block envelope and fit out contracts following on. If
we had not responded the contractor may claim time has become at large so that he
is obliged only to complete within a reasonable time.40
53
Building a part of the city,
Architectural management of a large residential construction project

54 fig.54 - block A2 and B 24th November 2008

 Part 2 - RIBA workstages H-K Section 7 - Conclusion

6.7 Project Completion and handover

The sectional completion dates for Phase 3A have been successfully met, at
the time of writing block A2 has been handed over for the fit out contract and it
seems very likely Phase 3B will finish on time.

7.0 - Conclusion
I first became involved with Oberlanders at an interesting juncture when this
project landed on the offices desks, I feel my professional development has
benefited immensely from it and the many knowledgeable people involved in it.
Through the course of its ups and downs, it has been a real eye opener into the
nature of the industry and its wider context within the economy of the nation.
fig.55 - block A2, 20th
October 2008 The project was of course tough for Oberlanders, the large developer clients
could be very demanding, BAM is a massive organisation, with huge resources
and can sometimes be quite aggressive. However through good teamwork
the individuals involved made it come together successfully with only minor
problems. The opportunity for continual improvement in efficiency through the
phases is realising, achieving a high quality standard, to the clients satisfaction.

55
Building a part of the city,
Architectural management of a large residential construction project

56 fig.56 - block A2 and B 28th visualised February 2007


fig.57 - Detailed planning application
visualisation February 2007
fig.58 - Block B3, viewed from Upper
Grove Place, 14th November 2008
Part 2 - RIBA workstages H-K Section 7 - Conclusion
That the work was staged helped us greatly, we would have had to
become a much bigger practice had it all been procured in its entirety, with
one contract.
Within the parameters of this study the project was subject to close
scrutiny. That so few deviances from best practice were found, shows that
the job was run very professionally and I believe the large number of very
experienced personnel got things right. The two recommendations I would
highlight are:
Given the nature of the job and bearing in mind the buoyant market at the
time, the two stage tendering was a good solution ensuring contractor
commitment. However the partnering agreement remained somewhat
ambiguous and more value for money may have been gained had formal
empowerment, for instance through the use of the JCT Partnering Charter
(Non-Binding) including gain sharing / painsharing and performance
indicators.
Efforts to involve more sustainable design or materials were largely not
realised due to their initial cost. I would call for them being more highly
valued within the cost saving exercises.
What is certain however is that after dealing with disrupting variations in
the initial phase, subsequent phases are now being constructed at an
accelerating pace and soon a new part of the city will exist.
57
Bibliography
References
Pg.11 - pg.7 Old Edinburgh views form above, John A Jones,
Stenlake Publishing, 2002. Pg.21.
Pg. 12 - pg.7 PAN 76
http://www.scotland.gov.uk/Resource/Doc/76169/0019017.pdf
Pg.16 - pg.13 Architects Job Book, 8th edition R. Dalziel and N.
Ostime, RIBA Publications, 2008.
Pg.16 - pg.13 A clients Guide to Engaging an Architect including
Guidance on Fees, Updated April 2000, RIBA Publications.
Pg.17 and pg.40 - pg.9 Small Practices, A guide to keeping out of
trouble, Owen Luder RIBA Publications 1999.
Pg.17 - pg.8 A clients Guide to Engaging an Architect, Revised
May 2004, RIBA Publications.
Pg.17 - RIBA Outline Plan of Work 2007, RIBA Publications 2007
Pg.18 and pg.34 - JCT SBC/Q/Scot 2005
Pg.19- pg.9 A clients Guide to Engaging an Architect including
Guidance on Fees, Updated April 2000, RIBA Publications.
Pg.21 - pg.129 The Architect in Practice, 9th edition, Chappell, D.
& Willis, C. Oxford: Blackwell Science, 2005.
Pg.21 - pg.23 Small Practices, A guide to working with
consultants, Neil Parkyn, RIBA Publications 2000.
Pg23 - http://www.scotland.gov.uk/topics/built-environment/
planning.
Pg23 - pg.25 Outline Planning Application approval document,
Issued 6th December 2006 (CEC ref: 05/00106/OUT).
Pg.37. - pg.23 Green guide to the Architects Job Book, 2nd
edition, Sandy Halliday, RIBA Publishing 2007.
Pg.32 pg.3 Brian Edwards, Rough Guide to Sustainability
2nd Edition RIBA Enterprises 2005 London and The Ecodyn
Ecohomes report
Pg.33 pg.9 - Homes for the future: more affordable, more
sustainable HMSO 2007, http://www.communities.gov.uk/
publications/housing/homesforfuture
Pg.36 The DDA Act 1995
Pg. 38 - Small Practices, A Guide to Sound Practice. Stanley
Cox RIBA Publications 2002.
Pg.39 and 53 - pg 62 and pg.36 Constructing the team Sir
Michael Latham, Final Report July 1994, HMSO, Referred to
as The Latham Report

Pg.39 - pg.3 Deciding on the appropriate JCT contract, JCT
Practice Note 2007.
Pg.42 - pg.23 Small Practices, A guide to keeping out of
trouble, Owen Luder RIBA Publications 1999.
Pg.42 - pg.40 Small Practices, A guide to keeping out of
trouble, Owen Luder RIBA Publications 2001 Edition.
Pg.42 - JCT 1998 PN 4/01 Practice Note 4 Partnering Joint
Contracts Tribunal Limited 2001
Pg.43 - NJCC Code of Procedure for Two Stage Selective
Tendering, RIBA Publications 1996
Pg.43 - Building Magazine 2006 Issue 19, Davis Langdon,
Simon Rawlinson, article titled Procurement: Two-stage
tendering. Also on the internet at http://www.building.co.uk/
story.asp?storycode=3067103
Pg.51 and 53 - Extensions of time Explained Gillian, Birkby and
Paul Brough RIBA Press 1999.
Pg.53 - Keating on Construction Contracts, Stephen Furst and
Vivian Ramsey, London 2006.
Bibliography
Project related
Along with emails, letters and the drawings in the job files,
disucsisons with Andrew Wilmot and Marion Ross Leitch of
Oberlanders Architects LLP and interview with Bruce Carhill of CBA
on the 22nd of October 2008. I also referred to the following project
documentation:
The Development Brief.
The Contract - JCT SBC/Q/Scot 2005 - Joint Contracts Tribunal
Standard Building Contract With Quantities for use in Scotland
2005 edition (Revised May 2006)
Schedule Part 9 and Appendix 4 (client amendments)
The appointment documents.
Ecodyn Ecohomes report.
Planning and Building Warrant approvals.
The Architects Instructions.
The Interim and Practical Completion certificates.
59
Building a part of the city,
Architectural management of a large residential construction project

Other Publications Contracts

APEAS Examination in Professional Practice and Management JCT SBC/Q/2005 - Joint Contracts Tribunal Standard Building
(Part 3) Guide for Condidates, 5th edition, APEAS 2008. Contract With Quantities Revision 1 2007.

Rough Guide to Sustainability, 2nd edition, Brian Edwards,RIBA JCT SBC/G Standard Building Contract Guide
Enterprises, 2005.
JCT contract Practice Note 2007 Deciding on the appropriate,
Part 3 Handbook, Stephen Brookehouse. RIBA Publishing 2007. Sweet & Maxwell Limited 2007.

JCT 2005 Partnering Charter Non-binding (PC/N) Sweet & Maxwell

Limited 2005.
Professional Appointments & Codes
ARB Code of Professional Conduct & Practice Legislation and statutes
ARB Publications 1999
Disability Discrimination Act 1995 (c. 50)1995 Chapter c. 50
RIAS Code of Professional Conduct & Practice
RIAS Publications 1997 Managing Construction for Health & Safety:
Construction (Design & Management) Regulations 2007, HSE
RIBA Code of Professional Conduct January 2005 Books. 2007.

Scottish Conditions of Appointment of an Architect 2000 http://www.scotland.gov.uk/topics/built-environment/planning

SCA2000 (January 2003 revision)
RIAS Publications 2003 S26 Town and Country Planning (Scotland) Act 1997.

RIBA Standard Conditions of Appointment for an architect (CA-S-

07-A) RIBA Publishing 2007.

60
 Appendix 1

fig.59 - Oberlanders fee split matrix march 2008, these types of charts were revised and reissued every month. 61
Building a part of the city,
Architectural management of a large residential construction project
Appendix 2

Appendix 2 - Project Team

Quantity Surveyor: CBA Quantity Surveyors Limited

CBA is a large Quantity Surveying practice with offices in Edinburgh and Glasgow
employing over 40 staff. We have previously worked with them on Silvermills and
Drumbrae Leisure Centre, in Edinburgh.

Structural Engineer: Goodson Associates Limited

A medium sized firm formed in Edinburgh in 1993 and now operating three offices
nationwide with a turnover of 3.15 million in 2007. We have a lot of previous
experience with them on numerous jobs including the Centre of Sport for Scotland.
They employed Ethos Environmental Ltd, a specialist health, safety and environmental
consultancy

Road and highways consultants: Goodson Cole Transportation Associates Limited.

A division of Goodsons and their fourth office, in Edinburgh, deal specifically with
transportation matters.

Mechanical and Electrical Engineer: Blackwood Partnership

A small to medium sized consultancy firm, employed the following sub-consultants:
Ecodyn, a multi-disciplinary environmental consultancy.
Integrated Environmental Solutions (IES) Ltd, develop software simulation tools.

Landscape Architect: EDAW PLC

A large international design and planning company, its European division has offices in
London, Manchester, Edinburgh and Belfast.

62
 Appendix 2

Main contractor: HBG Construction Scotland Ltd (Re-branded BAM Construction

UK Ltd On October 7th 2008)
A large construction and property company (part of the Royal BAM Group), they
employ around 2,500 people around the UK. Turnover for 2007 was 1,043.3
million with profit of 48.7million. We have previously worked with them on the
Technopole Fleming Building and Saint Vincent Place.

CDM coordinator: Peter Graham & Partners

A medium sized Project Management/Quantity Surveying and Planning Supervisor
firm set up in 1961.

Acoustic Consultant: Robin Mackenzie Partnership

Scotlands largest acoustic consultancy, with headquarters in Edinburgh.
Established in 1969, now operates as an acoustic consultancy division of Napier
University.

Fire Engineering Consultant: JGA Fire Engineering Consultants

JGA are a large firm formed in 1993 with offices in London, Dublin, Belfast and
Edinburgh.

Security consultants: SES Strategies Limited

Security consultants offering independent risk management and security advice.

63
fig.60 - Extract of City of Edinburgh Council Tram Developer Contributions
document showing areas affected by the tram levy. The green dot shows
the location of the project.
 Appendix 3

Appendix 3
The city council planning department is the foremost way through which the
government controls development in the UK. The national planning framework and
Scottish Planning Policies (updating National Planning Policy Guidelines as they
are released) instigate broad spatial strategies, effecting how development plans
for particular localities are articulated, these development plans affect the statutory
permission required for any carrying out of building, engineering, mining or other
operations in, on, over or under land, or the making of any material change in the
land use 1 S26 Town and Country Planning (Scotland) Act 1997.

SPP1 gives support (Paragraph 41) for using supplementary planning guidance
to set out requirements for development contributionsThe finalised Edinburgh
and Lothians Structure Plan 2015 (approved on 17 June 2004) states in paragraph
5.10 The construction of a tram system in Edinburgh is crucial to the success of
the development strategy. Policy TRAN 5 requires local plans to include policies
to ensure that new development, inter alia, encourages travel by public transport
and contributes to the cost 2 Pg.1 CITY DEVELOPMENT PLANNING DEVELOPMENT QUALITY
HANDBOOK Tram Developer Contributions Approved 8 September 2004 http://download.edinburgh.gov.uk/
DQ_Guidelines/Tram_Developer_Contr.pdf

SPP1 is the first in a new series of planning policy documents to be issued by the
Scottish Executive and updates NPPG1: The Planning System published in 2000.
Existing NPPGs have continued relevance to decision making, until such time as they
are replaced by a SPP. 3 Pg1. NPPG 1 The Planning System (with changes tracked) revised April 06,
2006. http://www.scotland.gov.uk/Resource/Doc/47007/0026444.pdf

65
Building a part of the city,
Architectural management of a large residential construction project

Appendix 4
The contract particulars

Named parties in the Articles of Agreement:

Fountain North Limited and HBG Construction Limited are the
employers, Oberlanders are Architect/Contract Administrators, CBA are
the Quantity Surveyors and Peter Graham Partners CDM coordinators.

The contract has been modified with an accompanying document,

schedule part 9. Notable client specifications and deleted sections
include:

The fifth recital (to do with the employer releasing an Information

release Schedule) has been deleted.

The Contract Particulars allow for sectional completion in the Sixth

Recital

The seventh Recital refers to Appendix 4 Contractor Design

Portion which cites the piling and post tensioned slabs as Contractor
Designed Portions and affirms that the contractor is to carry out
elements of detail design and specification for proprietary products and
manufacturing drawings for comment of the architect.

Article 8, Arbitration is deleted

Clause 1.1 states the Base date as the 6th of August 2007

66
 Appendix 4

Dates for completion of sections:

Section 1 (block A2 frame) and section 2 (B3 frame), 27th June 2008,
section 3 (remainder) May 6th 2009.

Clause 1.8 Electronic Communications refers to the Electronic Data

Management system in place (explained later in 6.2).

5,000 a week rate of liquidated damages. For section 1

9,000 a week for section 2
10, 000 a week for remainder of the works

Clause 2.38 Standard 12 month rectification period applies.

Clause 4.19 Contractors retention bond does not apply. This is due to
the fact that the superstructure will be completely covered by the time
the envelope and fitout are complete

Clause 6.4.1.2 Contractors Insurance is 10 million.

Clause 6.7 Insurance option B was chosen where employer takes out
and maintains a joint name policy.

Part 2 - third party rights and collateral warranties definitions of

purchaser and tenant have been deleted and replaced with first party
who shall acquire heritable interest in the whole works or ten or more
residential units Collateral Warranties extend the contractual obligations
so that the third party is granted rights to enforce. All parties seem to
have been reluctant to sign up to these documents as they carry a
heavy liability.
67
Building a part of the city,
Architectural management of a large residential construction project

The Oberlanders team, from left to right; Shane Murphy, Andrew Wilmot, Marion Ross Leitch, Charlotte Newton, Andrew Stevens, Andrew Lee and the author

68