Case Studies
J.S. Held was engaged as an independent expert architect in a dispute between a developer and contractor over alleged defects in the external wall systems of a residential development. This development was designed between 2001 and 2004 and consists of 479 apartments over seven blocks. The defects were identified in 2019 following site investigations. The contractor retained our team, and the dispute was resolved in an arbitration hearing in London, where our lead expert provided evidence and was cross-examined over two days.
The alleged defects concerned missing cavity barriers or fire breaks and combustible insulation in the render system, timber cladding, and fiber cement cladding. Our team provided an independent opinion on the architect’s performance and whether their design complied with the applicable building regulations and guidance during design and construction.
We analyzed the architect’s appointment and construction contract to determine the contractor’s reliance on its sub-consultant. Additionally, we examined the alleged defects in each type of external wall system.
Our team reviewed the architect’s appointment and construction contract to establish their design, coordination, and inspection responsibilities. The architect was novated to the contractor. We also reviewed inspection reports and comments relevant to the alleged defects to understand if these were highlighted during construction.
Our analysis for each type of external wall system involved technical research of historic manufacturer’s literature, BBA certificates, and guidance. We provided an analysis of the architectural drawings and specifications. Not all buildings were over 18 meters in habitable height. Our analysis and opinion considered the height of the buildings concerning compliance with the applicable building regulations at the time of design and construction. We then advised if the architect’s design of the external wall systems would have been considered compliant at that time, and we opined whether the architect had acted reasonably when carrying out design and inspection duties.
Mark Phillips
Senior Managing Director
Construction Advisory Practice
+44 20 4576 0174
[email protected]
Joan Kennedy
Senior Consultant
Construction Advisory Practice
+44 20 4576 0173
[email protected]
> Forensic Architecture
Our expert forensic architects investigate issues involving building assemblies, roofing systems, building envelope, waterproofing and flashing, building materials, and other related components in construction claims and disputes.
> Dispute Resolution & International Arbitration
Our experts support clients in the resolution of challenging issues that can arise in engineering and construction projects, through all forms of dispute resolution. We have an unwavering commitment to delivering the news in clear, defensible analysis and testimony addressing the issues at hand.