EWJ August 62 2025 web - Journal - Page 58
However, for expert witnesses instructed in such cases
often involving buildings completed 10, 20, or even
30 years ago, writing a report has its challenges.
incomplete or might even include for a different type
of cladding to that that was found to be installed when
you visit site.
Even when writing a report for a building which may
be just 5 years old, there are invariably gaps in
documentation and with a building 10, 20, or even 30
years ago, there will be ever diminishing information.
When records are absent you will have to carry out an
intrusive investigative survey.
Where ‘as built drawings’ are available you will still have
to carry out an intrusive investigative survey to assess
whether the as built drawings reflect the as built
condition.
As a Chartered Architect I am aware of what information should have been provided on a project by the
contractor and the professional team but records are
often not available.
Where there are gaps in evidence, it is important to
flag this up early with the instructing solicitor so that
searches can commence to obtain the information.
When I have compiled Health and Safety Files for
projects under the Construction (Design and Management) Regulations, consultants and contractors
alike have often pleaded: ‘Oh, but no one ever looks
at the information’, or ‘why do we need to’? Sometimes I
felt it was it was a bit like a school child saying, ‘Why do
I have to do my homework?’. Many consultants and
consultants never saw the point.
It is also important to attend site as early as possible,
particularly if any essential remedial works are taking
place or about to take place, so that you can observe
the condition of the building before it is remediated.
Intrusive inspections are essential and cladding
panels on the outside will need to be removed to
observe cavity barriers, sheathing boards, fixings and
to try and identify the insulation and send it off for
testing. Internally also sections of plasterboard may
need to be removed and window jamb and heads
opened up to view cavity barriers where there is a
claim they are missing.
Apart from the lack of information actually being
provided, where records had been provided they
might no longer be available due to insolvency where
key contractors or developers no longer exist, or the
records were never properly compiled, or they were
stored in proprietary digital formats which are now
inaccessible or corrupted, or they were just inadvertently thrown away or perhaps not passed to the new
owner when the building changed hands.
Opening up does have its difficulties. I have not yet
met a resident who likes to be disrupted and or to have
a section of their plasterboard removed. A borescope
can of course be used to investigate but sometimes
opening up a section (s) of the wall is the only way to
obtain a true picture of what is hidden behind the wall.
Opening up walls, however, has its limitations and
residents will require notice to access their flat and
some residents will refuse access point blank.
Information that is frequently missing includes for:
Building manuals.
O&M manuals.
The health and safety file.
Fire strategy reports.
Early design drawings.
Design and access statements.
Building control correspondence.
Specifications.
As-built architectural and M&E drawings.
Safety data sheets and product data sheets.
Warranties and guarantees.
Building control completion certificates.
Site inspection notes.
Design criteria.
When opening up a wall is required, it is important to
be as targeted as possible in relation to areas that are
to be opened up and again, having as built drawings
that help you identify where you will need to be
opening up.
I am often asked whether a design met Building Regulations at the time of construction or whether a material or product was properly installed or certified. It
is exceptionally important to have as much information as possible when asked to do this.
Even where ‘as built drawings’ are provided, on
reviewing them you might find that they are
Bernadette Barker
Chartered Architect, Chartered Arbitrator, Accredited Adjudicator
& Accredited Mediator
BA (Hons) Dip Arch RIBA MSc (Construction Law & Arbitration) FCIArb C.Arb DiplCArb MIFireE
Her scope of work includes:
Appointments as Principal Designer and Client Advisor under the Construction (Design and Management) Regulations.
Contract Management Support/Advice to Architects/contractors and Clients.
Development of health and safety documentation.
Health and Safety construction site audits. External wall surveys, Defect analysis
Risk assessment of buildings in occupation. Risk assessments for construction and maintenance work.
0208 874 7000 - Mobile: 07885 059618
bernadette@barkerconsultants.com - Website: barkerconsultants.com
Address: Barker Consultants, 20 Kendal Place, Putney, London, SW15 2QZ
Tel:
Email:
EXPERT WITNESS JOURNAL
56
AUGUST/SEPT 2025
