Hi All,
Long time reader, first time poster:
Having purchased a site with FPP I am now at the point where I am hoping to start the build. I will be employing a builder to build a new house (don't have the time or knowledge to go the direct labour route). I have engaged an engineer to complete the structural drawings/foundation design etc. This engineer will also inspect and certify the build as it progresses.
While I am hoping the situation will not arise, I'm trying to figure out if a "major structural defect" is detected late in the project or after the property has been handed over to me, who would be responsible for correcting this? Is it the builder or the engineer?
Apologies if this has been covered already in the forum....I've searched but not found the answer.
Thanks for your input,
S
My other comments on engineers in my other posts to date refer.
Engineers are competent to design and certify structures, which is about 1/3 the cost of a house.
Look at the recent embarrassment in Balgaddy, where two award-winning schemes have developed widespread outbreaks of mould and damp.
This may not be a structural defect - it probably affects Part C of the Building Regulations, not Part A - so what liability will attach to an engineer then?
My best advice to you is that you should use both an architect and an engineer.
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In the matter of certification, Professionals Design in compliance and Contractors build in compliance - or they should.
Where trades people are producing a building using traditional building methods, details and materials, the onus rests on the Contractor.
Even where specialist design has been undertaken, professionals do not provide supervision on site - they undertake limited inspections only.
Thus they cannot see everything that goes on during the works, or know the pouring and placement of every piece of concrete, brick, timber or block.
That is why professionals' limit themselves to certifying to the standard of "visual inspection only" and specifically exclude opening up works or works uncovered save where explicitly referred to.
The professionals provide the design, the contractor provides the building and the essence of what you are worried about may rest on the definition of the terms Patent Defects and Latent Defects.
If its a Patent Defect, its obvious, and shouldn't normally be certified.
If its Latert Defect, its hidden and may be certified along with other works.
http://en.wikipedia.org/wiki/Latent_defect
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Professionals should attend regularly on site AND TAKE RECORD PHOTOGRAPHS to keep the Contractor on his toes.
They will do this by ensuring that there is a visible high level of monitoring going on.
Since the foundations are of key importance, the engineer should investigate the ground conditions using a Trial Pit and design the structure accordingly.
He should attend just before the pour and walk the trenches to get the feel of the groud.
He should make sure all hollows are filled in and all soft spots tamped down and filled and that no organic material is present wither in the foundation trenches or the bases of the slabs.
Samples of pured concrete should be sent off for testing and analysis and a careful inspection and recrod of all goods delivered ot site should be made.
Apart from keeping and eye on the workmanship, materials and components must be carefully stored, off wet ground and kept covered until built in.
The works themselves should be protected rfom inclement weather - the cold and the wet and the heat all affect materials adversely.
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Further terms come into play under the building contract, including Major Items and Minor Items, and both the Contract and Architect's Opinions may refer to Major Snag Items and Minor Snag Items.
Where Opinions of Compliance are issued, these offer assurances of Compliance with Planning Permission and Compliance with the Building Regulations.
Minor Items and Snag Items which are so minor as to not give rise to enforcement action by the Local Authority usually do not prevent certification, in fact the Archtiect's Cert normally excludes the latter, viz. -
"... saving and excepting such minor snag items as would not, in the opinion of the Architect, give rise to enforcement action by the local authority..."
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Major Items and Items of Non-Compliance should - but sometimes do not - prevent Certification.
If a Professsional has knowingly Certified a Major and evident defect, they they may be culpable along with the Contractor
Remedies could include excluding defective elements from the Opinions and refusing to certify monies sought for them by the Contractor.
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However, many defects, particularly if they are of a structural nature, may take time to exhibit themselves. These are known as Latent Defects.
Unelss they are known about they may be undetectable, and a Professional may issue Opinions based on visual inspection in good faith without knowing about them.
The RIAI forms of contract include a Defects Liability Period.
This period commences on or after the Date of Practical Completion and continues normally for about 1 year or 12 calender months.
Within this period, all the outstanding snag items must be made good and any latent defects which subsequently become apparent must be remedied.
HTH.
ONQ.
[broken link removed]
All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.