Royal Industrial Estate, South Tyneside
Dispute about the cause of the failure of a repair to the roofs across a large industrial estate
Highlights
Client: South Tyneside Council
Location: Royal Industrial Estate, Jarrow, South Tyneside.
Brief: Act as an expert witness to determine the cause of the failure of the roof covering and provide advice for the repair. Provide an expert witness report compliant to the pre-action protocol for court and collate expert testing results from laboratories for the most likely cause for the defect. Establish whether there had been any negligence by the manufacturer or the installer of the product.
Role: Expert Witness.
Outcome: We helped the parties reach a conclusion to agree a most likely cause for the failure and then negotiated a suitable repair. It was agreed that the contractor would undertake work to remedy the issue using an alternative design to provide a roof covering that is less susceptible to failure due to workmanship and weather-related issues. Our role then extended to being the Clerk of Works on behalf of the Council to inspect the works every two weeks to ensure that what was agreed occurred on site. The project lasted approximately six months, and we helped deal with small variations that were required once on site.
About South Tyneside Council
The Council had limited budgets to resolve this issue. They had already spent a significant sum on the initial solution to repair these industrial units for individual tenants.
The Challenge
The initial project, which involved a liquid applied system onto an old, profiled metal roof system, failed with various defects showing. These included blistering and flaking of the paint covering within two years of the application. The challenge arose to determine whether this was due to a defect in the work undertaken by the contractor or a failure of the product itself. We also had to determine whether the old roof covering created was appropriate for the product chosen in the first place and whether it was an inherent issue. The specification used was reviewed and examined to see whether it was appropriate for this type of roof. As part of the instruction, we involved specialist paint chemists to determine whether there could have been a chemical reaction between the old roof covering and the new product used. We also reviewed historic logs of timings of when the work was undertaken and established what the likely temperature and dewpoint would have been at that moment in time when the liquid coating was applied. This is particularly relevant as liquid applied systems cannot be applied in cold temperatures, where there is a risk of condensation.
Our Approach
We looked at what brief was given to the parties involved. Once this was made clear, we looked at the specification that was drafted and agreed and provided a view on whether this was appropriate. We reviewed all documentation from site audit logs and photographs taken during the works. We also undertook a very detailed survey of the roof, taking samples of areas which have failed and involving labs to test the products to establish the thickness and chemical make up.
What We Delivered
- A very detailed expert witness report logging our approach, our findings and conclusion.
- Joint expert witness inspection with the expert acting on behalf of the contractor.
- Joint expert witness statement stating what elements were agreed.
- Assistance to solicitors to agree a settlement agreement, having advised on the relevant clauses for how the works needed to be managed for remedial elements.
- Fulfilling the roles of Clerk of works and client’s representative to South Tyneside Council. This included agreeing the certificate of practical completion.
The Outcome
South Tyneside Council now has an industrial estate which has an acceptable roof covering and a guarantee. This will allow them to lease the units as planned.
The Value to South Tyneside Council
- Clear determination of defect to allow a robust argument being put forward by the solicitors during this litigation. Expert representation through discussions to agree a settlement agreement.
- Representation and regular review of workmanship and materials on site throughout the project.
- Arm’s length representation to sign the certificate of practical completion from a regulated firm of chartered surveyors with appropriate skills and experience.
Why South Tyneside Council Choose Method Building Consultancy
- Over 25 years’ experience was a key factor.
- Positive problem-solving attitude to resolve issues without unnecessary confrontation.
- £5,000,000.00 professional indemnity insurance cover.
