Report ID: 911

Published: Newsletter 58 - April 2020

Report Overview

Concerns are raised about where designers duties lie in certain contractual relationships.

Report Content

A reporter is involved with replacing MDF ceilings (15mm thick heavy panels) on a 30+ storey UK tower block. The work was triggered by fears following a few loose panel falls, in one case resulting in a minor injury. What emerges says the reporter is:

1. Ceiling detailed design is typically a contractor/installer designed portion (CDP).
2. Typical generic manufacturers’ details need modifying to suit a given building.
3. There is effectively no structural engineer involvement, with the architect being expected to define the characteristics and the sub-contractor expected to complete the design and installation. The checking duties of the architect of the CDP are unclear.
4. Services access panels can be removed and not reinstalled properly (there can be landlord's common area services and leaseholder flat owners who have different companies doing maintenance).

When the reporter has queried in the past with quantity surveyors about what they need to do with CDPs, for example CDP for steel connection design, they are told to do nothing, seemingly because when a CDP is identified in a Joint Contracts Tribunal (JCT) contract, it is a way of packaging up design development/cost/risk. The JCT/CDP seems to ignore a designer’s legal duties defined in their agreement.

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