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3. DirApp - Construction Contract Quality Monitoring - FINAL - 03-05-24

North Ayrshire Council · 30 May 2024
Back to Audit and Scrutiny Committee — 30 May 2024 and its agenda

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NORTH AYRSHIRE COUNCIL
30 May 2024                                                                                                                                                            
Audit and Scrutiny
Title: Construction Contract Quality Monitoring
Purpose: To update the Audit and Scrutiny Committee on the Council’s
approach to Construction Contract delivery.
Recommendation: It is proposed that the committee note the contract
administration processes in place and the key risk and
mitigation measures noted in the report
1. Executive Summary
1.1 The Audit and Scrutiny Committee have requested information be provided regarding
the Council’s construction contract management procedures following on-going water
ingress to a sheltered housing unit which had previously undergone a refurbishment
project.
1.2 The cause of the particular issue highlighted has been found to be as a result of the
interface with a section of the building which was not refurbished and a requirement to
clear leaf-debris from the area, rather than a specific flaw in the contract
administration process. 
1.3 A suite of procurement, contract administration and governance measures are in place
to ensure the Council’s construction contracts and associated risk are managed
appropriately; a summary is provided in the report. 
2. Background
2.1 The Audit and Scrutiny Committee have requested information be provided regarding
the Council’s construction contract management procedures, in particular in relation to
construction quality and the sign-off / acceptance of completed works. 
2.2 The question was posed following on-going water ingress to the roof of Connel Court
Sheltered Housing Unit in Kilbirnie. This property underwent a significant
refurbishment between 2018 and 2020 The works were designed, and project
managed by the Council’s Property Management and Investment (PMI) team. The
construction contract was carried out by McLaughlin Construction limited. 
2.3 Investigation of the water ingress highlighted that blocked rain-water outlets in a flat
roof cause the inlets to become overwhelmed and let-in water.

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2.4 The work carried out at the time of the refurbishment included the application of a
liquid applied roofing membrane to the area of flat roof and the installation of brush
gutter-guard system to prevent leaves blocking outlets. The roof-deck and outlets
were not replaced. 
2.5 The extent of the works was governed by the need to maintain a habitable
environment for residents during the course of the project. It was also believed the
liquid applied coating and outlet guards would be sufficient to ensure the roof
remained serviceable moving forward. 
2.6  Following completion of the works, the contract administrator was not made aware of
any water ingress during the one-year Defect Liability Period. It is assumed therefore
that the subsequent water ingress issues have arisen as a result of an excess of leaf
debris blocking the outlets. The underlying roof-deck also appears to have been
compromised by the water ingress. As a result:
• Building Services have agreed to undertake regular clearance of the roof and
outlets.
• A project to undertake a replacement of the roof is being progressed by PMI. 
2.7 A summary of the Council’s construction contract management procedures is set out
below.  
2.8 The majority of the Council’s construction contracts are managed by Property
Management and Investment. This includes Housing and non-housing (General
Services) projects, all non-housing maintenance and all Housing capital lifecycle
investment programmes. 
2.9 This encompasses a huge array of projects and works undertaken which vary greatly
in scope, from small repair works at almost de-minimis values, to educational
community campuses costing tens of millions of pounds. 
2.10 Quality processes associated with construction work therefore also varies accordingly,
relevant to the scale and complexity of the project and works undertaken. 
2.11 All contractors however are subject to procurement processes designed to ensure
people undertaking work have the sufficient knowledge, qualifications, experience and
financial capacity. 
2.12 In order to submit a compliant tender for any construction work, bidders must
demonstrate relevant and recent technical experience for the proposed construction
activities. 
2.13 Tenders are evaluated against the set criteria, which will also vary according to the
nature of the works prescribed in the contract. Often, detailed operational information
must be provided, for example, lists of proposed sub-contractors, traffic management
plans, plant and equipment operating plans etc.  
2.14 When awarded, contracts will be administered by PMI (or appointed external
consultants, depending on the chosen procurement route for the project). 
2.15 Construction works can be extremely complex and carry risk, both operationally and
commercially. Construction contracts are also complex and can give rise to
disagreement and dispute over the reasons for issues such as delays, inappropriate

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material use, incorrect installation methods etc. PMI have an experienced team of in-
house Architects, Surveyors, Project Mangers to manage these risks; also utilising a
range of external consultants and advisors to ensure contracts are delivered using
best practice methodologies. 
2.16 To assist in the process also PMI have a central database of contract administration
documents outlining key processes such as, standard meeting agendas, change
control / variation instructions, risk registers, inspection record pro-formas, hand-over
procedures. These documents are used by both Housing and non-housing teams as
appropriate to the contract in-hand. 
2.17 Prior to commencing works, a pre-start meeting will be held, chaired by PMI. The
purpose of the pre-start meeting is to ensure contractors are aware of requirements
such as the quality expectations of the Council in relation to works undertaken,
contract administration and health and safety requirements. 
2.18 In most capital projects, a Clerk of Works will be assigned to the project. The clerk of
works role is to inspect, record and report on the operational delivery of the works to
the contract administrator. Relevant site observations, issues with performance,
adherence to design / specification, health and safety and other matters arising can
then be addressed by the contract administrator. 
2.19 During the course of a contract, regular progress meetings take place (generally on
monthly basis) chaired by the contract administrator. The purpose of these meetings is
to monitor the progress of work against the contractor’s programme and to ensure that
the work being carried out is in accordance with the design and specification.  
2.20 As work progresses on-site, interim payments for work carried out are made, usually
on a monthly basis. The value to be paid is measured by the project Quantity Surveyor
and reflects the progress of works on-site. A monetary retention (normally 5%) is held
on each of these payments. This sum is partially released when works are complete,
the remainder being released after the end of the defects liability period. 
2.21 As a project approaches completion, it is common for sections of the works to be
offered by the contractor for inspection by the Council’s Clerk of Works and / or
contract administrator. Before offering works for inspection, it is incumbent on the
contractor to ensure all works have been carried out in accordance with the contract
documents. 
2.22 Where works are complex or of a specialist nature, specific design consultants such
as Mechanical and Electrical Engineers and Structural Engineers will be required to
carry-out their own inspections and confirm work have been completed to their
satisfaction. 
2.23 In some circumstances, specialist reports will be commissioned into specific building
elements, particularly where quality issues have been identified during the
construction phase. 
2.24 In the very largest of projects an Independent Tester is also appointed. This is a
relatively new role within the construction project environment. The independent tester
verifies the various testing and commissioning certificates required are received and
they will certify completion of the project in accordance with defined project completion
criteria.

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2.25 Separate Quality Meetings will be held on larger projects, this allows specific areas of
focus to be identified and tracked throughout the construction period and ensure input
by the relevant parties to monitor compliance with specification and desired standards. 
2.26 The majority of projects also require Building Warrant approval to ensure works are
designed and constructed in accordance with the prevailing Building Standards. This
is separate from the contractual process. Upon completion of works, a Building
Standards Completion Certificate will be accepted, following inspection and other such
reasonable enquiry by Building Standards during construction. In larger projects, this
can be carried out on a staged basis, with relevant approvals relating to specific
aspects of the work. 
2.27 When inspected, it is also common for a list of items which are not to the required
standard to be identified by the Council’s Clerk of Works, the Contract Administrator,
or their representative. 
2.28 Significant issues identified prior to hand-over have the potential to preclude the
Council accepting the works as complete. Less critical items (generally referred to as
“snagging” items) will be reasonably assessed on their merits to determine if the
building can be accepted while the contractor continues to address them. 
2.29 There have been several examples where non-compliance with completion criteria
requirements has resulted in a delay to hand-over, often in the face of significant
pressure from contractors to accept the works. This includes a current high-profile
major capital project and previous campus projects.
2.30 When the Contract Administrator is satisfied that works have been completed to an
appropriate standard, this is confirmed by the issue of the Certificate of Practical
Completion (PC). As noted above, achieving Practical Completion also triggers the
release of 50% of the retention. Upon Practical Completion, the Council then take
possession of the works and are fully responsible for all operational elements, such as
utility costs, insurance, statutory compliance checks, health and safety of occupants,
etc. 
2.31 Following Practical Completion, projects enter a Defect Liability Period (DLP), this is
generally for a one-year. During this time, the principal contractor is responsible for
remedying all defects which arise in the contracted works. PMI have dedicated
Contract Quality Officers to oversee this period. Their main responsibility is to manage
defects which arise during the DLP and ensure they are rectified by the contractor. 
2.32 Once the DLP has expired, a final inspection of the works is caried out and, subject to
any outstanding contractual works or defects being resolved, a Certificate of Making
Good Defects (MGD) is issued. This also triggers the release of the remaining
retention. 
2.33 Following the resolution of all known defects and the issue of the MGD certificate,
latent defects which arise, where these are not covered by specific guarantees,
require to be pursued as a claim outwith the construction contract. There is a
maximum 12 year period, dependant on contract type, where defects which arise can
be considered in this way. Any claim for against a latent defect must be raised within 5
years of it becoming apparent.

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2.34 In addition to the contract administration processes noted above, relevant projects and
capital investment programmes are subject to the Council’s internal governance
procedures. Projects are reported to the relevant Service / Directorate Project Board,
chaired by a Head of Service or Director. Major projects are also subject to a further
level of scrutiny through regular ELT reporting.
2.35 Although the contract procurement, administration and governance process noted
above aim to mitigate against the risks of undertaking construction work, contract
disputes and construction quality issues can occur; leading to issues such as cost and
programme over-run and service impacts. 
2.36 Common risks, issues and mitigations in the construction contract environment are
noted below:
Common issues / examples Mitigations
Health and Safety during
construction 
Construction operations can present
risks to the Health and Safety to site
operatives or others in close proximity
to construction activities. 
Designers, specifiers, contractors, and
clients must carry out their
responsibilities in accordance with the
Construction Design Management
Regulations 2015. 
Risks in relation to the tasks to be
undertaken must be identified and
managed accordingly. 
Works must be carried out in
accordance with appropriate method
statements and safe working practices. 
Ground conditions / site location 
Ground conditions and site location
can impact on the design and cost of
key elements such as building
structure, services infrastructure, traffic
and pedestrian access, etc.   
Undertaking feasibility reports, based on
the high-level project brief as soon as
practical in the development process. 
Undertaking: site investigations to
determine ground conditions, potential
contamination etc; utility investigations
to determine if services can be delivered
to a site; other environmental studies
such as ecology, traffic management
etc. 
Work in existing buildings. 
Undertaking work within existing
buildings can result in previously
unknown defects in structure /
construction requiring to be added to
the scope of works. This can increase
programme and cost. 
Review of information held on record,
for example existing drawings, condition
surveys, asbestos registers etc. 
Surveys of existing building elements
carried out prior to finalisation of
contract documents.

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The interface of existing building
elements with new installations can
also give rise to technical challenges
and potential disputes over liability. 
Work in occupied buildings. 
Working within an occupied building
can result in operational difficulty for
services, or significant disruption for
residents including utility disruptions,
noise, access restrictions etc.   
Careful project planning to ensure the
interface between the contractor, their
work and building users. 
On-site communication between the
design team, contractor, client and
building occupants. 
Changes to brief and scope of
project. 
Due to the evolving needs of services,
and the time required to properly
scope, design, procure and undertake
a construction project, the project brief
can change between inception and
works being carried out-site. Changes
to a design, particularly during the
construction phase can extend project
timescales and increase costs. 
Robust project briefing and client sign-
off of projects at relevant gateway
review points. 
Use of change control process to ensure
good project governance and
appropriate level sign off of changes. 
Contract monitoring and reporting
throughout the project lifecycle. 
Insufficient budget to deliver
preferred scope 
The ability to deliver all intended
outcomes of any investment will be
limited by the value of the available
budget. 
During the design process, the project
scope and specification will be
developed to ensure the maximum
benefit is achieved and the priorities can
be delivered; cost checks are
undertaken during the project
development phase.   
Contracts cannot be accepted unless
there is sufficient budget to deliver the
project. 
Project reporting and governance
procedures are in place. 
Contractor Performance 
Contractor performance may not meet
our expectations, for example:
inadequate supervision of works on-
site; using inexperienced /
underqualified staff /sub-contractors;
substituting specified materials, etc.   
Robust procurement process to ensure
appropriate contractors are appointed. 
Appropriately qualified design and
contact administration team, including
inspection / sign-off process.

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The contractual risk and high values
involved can result in a combative
approach by some contractors, seeking
to maximise their financial gain. 
Appropriate contract management
procedures. 
3. Proposals 
3.1  It is proposed that the committee note the contract administration processes in place
and the key risk and mitigation measures noted in the report. 
4. Implications/Socio-economic Duty 
Financial 
4.1 There are no financial implications arising from this report. 
Human Resources 
4.2 There are no human resources implications arising from the report. 
Legal 
4.3 There are no Legal implications arising from this report. 
Equality/Socio-economic 
4.4 There are no equality implications arising from this report. 
Climate Change and Carbon 
4.5 There are no implications in relation to climate change and carbon arising from this
report. 
Key Priorities 
4.6 The processes set out in the report support the Council’s Key Priorities of:   
• Places and public spaces across North Ayrshire are well maintained and accessible.
• Our places encourage strong inclusive communities and respect the local environment
and cultural heritage. 
Community Wealth Building 
4.7 There are no Community Wealth Building implications arising from the report.

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5. Consultation 
5.1 The Corporate Procurement Unit, Legal Services and Building Standards have been
consulted on the content of this report. 
Russell McCutcheon
Executive Director (Place) 
For further information please contact Laurence Cree,  Senior Manager, Property
Management and Investment , on 01294 324463. 
Background Papers
N/A