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Hospitals & Institutional

Client: Owner of Residential Care Home
Situation: The Residential Care Home owner had commissioned architects to redesign, extend and upgrade her existing care home. The architects prepared a design and administered the construction contract through to completion. On completion the local authorities refused to register many of the rooms due to their poor and inadequate size. Probyn Miers was commissioned to investigate the situation and to consider the performance of the architects.
Action: We reviewed the design and found that a number of rooms were indeed: undersized. We prepared an alternative design which could have been produced at the time, and which would have provided the same accommodation at no significant cost and with no undersized rooms.
Result: The dispute was not settled and went to trial resulting in a substantial award of damages for our client.

 

Client: Consultant Engineers
Situation: This case concerned a District General Hospital where the Hospital Trust was bringing an action against all of the consultants including Project Manager, Project Architect and Engineers. We were employed as expert architects to review the performance of the architects.
Action: Particular issues of concern were the entitlement to extensions of time granted to the main contractor, and various other technical matters, in particular the integration of the mechanical and electrical works and the provision of co-ordinated drawings. We gave expert evidence at the trial on this matter.
Result: As a result the matter went to trial and a judgement was handed down.

 

Client: PFI consortium
Situation: An NHS Trust refuses to accept Practical Completion of a building produced as part of a large PFI hospital scheme, on the basis that it is not in accordance with contract requirements. Probyn Miers is required to give independent advice as to whether the building complies with contract requirements.
Action: An NHS Trust refuses to accept Practical Completion of a building produced as part of a large PFI hospital scheme, on the basis that it is not in accordance with contract requirements. Probyn Miers is required to give independent advice as to whether the building complies with contract requirements.
Result: Probyn Miers provided an expert opinion on the matters in dispute .

 

Client: Solicitors for the building owner
Situation: Completion of the £15M new building required a variety of additions and modifications which substantially increased the contract sum.  The building owner wished to ascertain the degree to which the architect as lead consultant and contract administrator might be held responsible or liable for these increases.  Twenty representative individual issues were selected for a preliminary analysis.
Action: Probyn Miers visited the site, examined documents and drawings relevant to the selected issues, and produced a report.  The architect’s professional handling of the project was found to be deficient in some respects, but several other factors such as QS mis-measurement and the consequences of client-directed variations were also found to have contributed to the cost overrun.
Result: Probyn Miers provided an expert opinion on the matters in dispute.


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