FIELDEN MARSHALL GLOVER STRUTT
We received a Part 35 Instruction to provide evidence in respect of a claim being made by a property owner under a Building Warranty
Director, Phil Howden BEng (Hons) CEng FICE FIStructE IMaPS received a Civil Procedure Rules, Part 35 Instruction to provide evidence in respect of a claim being made by a property owner under a Building Warranty
The property had been converted from a historic listed institutional building of four storey height. The original floors and internal timber stud walls had been lost to infestation and the redevelopment had involved reforming internal walls and floors using a metal studding and joist system. The design/ construction had failed to recognise the need to afford adequate restraint to the external walls by the new internal superstructure and one external wall had suffered significant outward movement. The Warranty provider had proposed the installation of remedial (Cintec) wall ties but these were not proposed to be fixed to the internal structure.
Phil gave evidence that the proposals by the Warranty provider were inadequate, would not provide the restraint required to arrest movement and failed to deal with Aesthetic matters, as the wall was badly distorted. The Warranty provider capitulated and agreed to take down the wall and rebuild plumb, tying the new construction to the internal modern superstructure. The work was completed under the supervision of a Chartered Engineer appointed by the Warranty Provider and was subject to both Building Regulation and Listed Building Consent Applications.