architectural and design services

building surveys and defect diagnosis

contract administration and cdm

dilapidations

disputes and litigation

fire and flood damage

leasehold repairs and tenant alterations

party wall matters

project monitoring and clients representative

planned maintenance and repairs

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Although a full range of building surveyingservices are provided the practice's primeareas of expertise are in the fields of design and contract administration (whichincludes commercial, educational, andresidential buildings), the pre-purchasesurvey of commercial and higher valueresidential premises, party wall matters,and dilapidations.

Operating out of our South London officemost of our work is carried out withinLondon and the Home Counties but withoccasional projects undertaken elsewherein the UK.

The Chartered Building Surveying practiceof Orpwood Associates was founded byTrevor Orpwood in 1975 and has obtainedan enviable reputation for consistentlyapplying a high level of technical expertise,experience, and commercial awareness, toexecute client's building projects and toresolve their property problems.

All surveyors are members of the RoyalInstitution of Chartered Surveyors, buildingsurveying faculty and are trained to combine their academic and practical skillsto provide the correct technical solution,but at the same time being aware of theneed to protect or enhance asset value.

ABOUT US

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An important fundamental of anyconstruction project is an accurate sitesurvey which then forms the framework forany future design. The first advice given byOrpwood Associates on any architecturalproject concerns the procurement of a siteplan or existing floor plans. If the site orbuilding is of a simple nature then wewill produce the survey and drawings inhouse using traditional methods. However,if the site is large, irregularly shaped andthe ground undulating or the buildingparticularly large and complicated, then abrief will be prepared by us andquotations obtained from appropriategeomatic surveyors.

Following agreement of the client's brief,initial enquiries are made with the localplanning authority and, if required, aninitial budget cost is formulated. Initialscheme drawings are then prepared totest the feasibility of the design in termsof the constraints of the site, planningissues and the client brief. Once the optimalscheme has been achieved, a PlanningApplication is submitted together with anapplication for listed building consent,where appropriate. The drawings arethen further developed to incorporateall necessary constructional details andinformation provided by other professionals,

such as the structural engineer or buildingservices engineer, in order to create the'working drawings'. These are then submitted(together with any necessary calculationsor other information) for Building RegulationApproval to the local authority or ApprovedInspector. The approved working drawingsare then used as part of the contract documentation to obtain tenders for thework and for the contractor's use duringthe construction period.

All drawings are produced by 'Autocad'computer-aided drafting software andcan be provided in electronic format or intraditional paper prints.

Orpwood Associates have extensiveexperience in the design of many types ofbuilding including residential, commercial,industrial, and educational, covering avariety of building operations includingextensions and alterations, refurbishments,changes of use and new buildings.

For larger projects, we integrate the servicesof other constructional professionals, suchas structural engineers, building servicesengineers, acoustics and audio visualconsultants. We are also able to adaptour service to collaborate with the client'sown architect or interior designer.

ARCHITECTURAL AND DESIGN SERVICES

Orpwood Associates not only provide arange of surveys to suit a wide variety ofneeds, but also ensure that each surveyreport provides the vital information forthe client to base his or her decision toacquire, retain, or reject a building.

Building Surveys

Apart from the identification of structuraldefects, disrepairs, poor design andworkmanship, and a lack of compliancewith building legislation, we can assistclients on a range of issues relevant totheir acquisition such as:

• The provision of budget costs for repairs,alterations and to bring the building intostatutory compliance;

• Advise on the feasibility of adaptingthe building for a specific use or its suitability for extension;

• Advise on legislative concerns such asthe need for asbestos management,DDA Audit, or an Energy PerformanceCertificate (EPC).

We also provide advice on the need forspecialist inspections, for example of theelectrical installation by NIC.EIC and ECAapproved contractor, or the heating andplumbing installations by a CORGI registeredengineer.

Condition Surveys

Our service can record the condition of agroup of buildings for asset managementpurposes, to record the condition of abuilding prior to adjacent demolition ortunnelling operations commencing, or tolimit the extent of repairing obligationsunder a lease.

Defect Diagnosis

We have considerable experience in theinvestigation, and diagnosis, of construc-tional defects and disrepairs. In addition,we can advise on liability, and warrantyand insurance claims.

Feasibility Surveys

With our knowledge of architecturaldesign, construction legislation, buildingcosts, and construction techniques, weare ideally placed to advise clients on thefeasibility of a potential development.

BUILDING SURVEYS AND DEFECT DIAGNOSIS

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Some building owners are of the opinionthat once they have obtained theirPlanning Permission and Building RegulationApprovals and they have their builderlined up to start, that the appointment ofa building surveyor, or other constructionprofessional, is unnecessary. In the caseof small projects where the builder'scapability is known and where theemployer has some knowledge of buildingconstruction, this opinion may well bejustified. However, for the majority ofowners who have neither the knowledgenor the time to monitor the performanceof their contractor, it would be prudent forthem to employ an experienced ContractAdministrator.

When Orpwood Associates act as ContractAdministrators we:

• Check that the contract drawings, specification, and sub-contractors andsupplier's quotations are sufficientlydetailed and appropriate for theproposed works;

• Obtain prices for the work from the clientsor our own approved list of contractors,either by competitive tender or by negotiation;

• Advise on the appropriate form of building contract to be used and theextent and nature of insurance cover tobe provided;

• Monitor the work in progress to ensurethat the work is being carried out using thecorrect materials and to the appropriatestandard or workmanship, that adequateprogress is being made and to answerthe contractor's queries and requests forfurther information;

• Agree and certify interim payments, vetand agree extras and claims;

• Provide and issue all certificates andother notices required under the contract;

• Negotiate and agree the contractor's finalaccount;

• Inspect the work at the end of thedefects liability period and issuing anynecessary instructions.

CONTRACT ADMINISTRATION

Wherever a leasehold interest exists somight a claim for dilapidations. Put simplya dilapidations claim is a liability, whicharises from failing to comply with thelease obligations to put or keep premisesin a certain state of repair and redecorationand to return them to the landlord in thiscondition at the end of the lease, usuallywith any tenant's alterations or additionsremoved.

The intention of the law and practicerelating to dilapidations is to retain thevalue of the landlord's investment bymaintaining the income stream and keepingvoid periods to a minimum. It also existsto protect tenants from false claims.

The landlord's dilapidations claim is normally prepared by his surveyor whoproduces a priced schedule of defectsand a statement of the landlord's loss,which is served on the tenant by thelandlord's solicitor.

The tenant may then respond to the claimin various ways e.g. by challenging itsvalidity, carrying out the repairs, or makinga payment to the landlord in compensationof the losses he has incurred as a resultof the failure to repair. In the case of thelatter, this payment may include, rent,rates, and service charges, incurred bythe landlord whilst the building is beingput back into repair.

It will be appreciated from the above briefsummary that "dilapidations" is a complexsubject, which requires knowledge ofrepair and maintenance, building costs,valuations, and dilapidations law. It isalso the case that no two dilapidations

matters are ever exactly the same, andeach case must be considered on its ownmerits and with a strong focus on thelandlord's true loss.

Orpwood Associates are used to acting ondilapidations matters for both landlordsand tenants on commercial, industrial, andresidential premises, and in complyingwith the Property Litigation Association's"Dilapidations Protocol".

DILAPIDATIONS

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Orpwood Associates can provide practicaland legal advice in dealing with propertyand construction related disputes. Althoughwe encourage the settlement of disputesby negotiation, mediation, and arbitration,in some cases litigation is necessary eventhough this may not result in the mattercoming to court.

We act for both claimants and defendantsas single joint experts in the CountyCourt, or as part of the client's litigationteam acting as independent experts inaccordance with the civil procedure rulesand the mandatory guidance notes foracting as an Expert Witness as set downby the Royal Institution of Chartered Surveyors, and in dilapidations claims inaccordance with the protocol of the Property Litigation Association (PLA).

We have acted on the following matters:

• The quality and value of building works;

• Negligent or defective building works;

• NHBC warranty claims;

• Party Wall and Neighbourly matters;

• Professional negligence claims arisingfrom building surveys and works;

If you are involved with a dispute wewould be pleased to provide initial advicefree and without obligation.

DISPUTES AND LITIGATION

A fire or serious damage by other insuredperils including subsidence, high winds,flooding, or the impact of vehicles can bea traumatic experience for most propertyowners, and fortunately one in which theyare unlikely to have previous experience.

In cases such as fire and flood, your firstpoint of call will be the emergency author-ities, but in others such as subsidence, thedamage may only become apparent overa period of time. However, in all casesyou will need to consult your insurancecompany or broker to find out what youshould do next.

Orpwood Associates have considerableexperience in dealing with propertyinsurance claims and have repaired manybuildings following the effects of fire, floodand subsidence. In particular, we can:

• Assess the extent of the damage andarrange for any necessary temporaryprotection or support;

• Assist you in submitting your insuranceclaim;

• Meet and agree the scope of the neces-sary repair works, with the loss adjusterappointed by your insurance company;

• Prepare a detailed specification ofworks and submit for competitive tenderto suitable builders;

• Submit the tender results to the lossadjusters, and agree the contract sumand the contractor to be appointed;

• Administer the building contract checkingon work standards, and progress, andnegotiate and agree the contractor's finalaccount.

We would point out that we are approvedby the regulation section of the RoyalInstitution of Chartered Surveyors to pro-vide advice on insurance related matters.

FIRE AND FLOOD DAMAGE REINSTATEMENT

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The management of residential blocks isoften a thankless task and one which islikely to be particularly arduous whencarried out by inexperienced "volunteers"on behalf of resident-managed blocksand Residents' Associations. Amongst theproblems which commonly arise are thedifficulties of balancing the need foressential repairs with the budget available,differentiating between repairs andimprovements, ensuring that the works areproperly carried out and value for moneyobtained, and in some cases, decidingwho has the responsibility to execute orpay for the repairs.

Orpwood Associates can provide expertadvice on such matters to both professionalmanaging agents and Residents' Associationsand have experience of dealing with blocksand estates of all sizes, ages and construc-tion. In particular assistance can be givenwith the preparation of the annual mainte-

nance budget, planned maintenance,and the specification and procurementof major repairs.

In both commercial and residential prem-ises, tenants will from time to time wantto carry out alterations to their part ofthe premises, and although they may haveobtained the appropriate Planning andBuilding Regulation Approvals, they may beunaware that their lease requires them toobtain a 'Licence for Tenants Alterations'from their landlord. Orpwood Associatescan assist both tenants and landlords inthis situation, helping tenants to providethe right information to the landlord andnegotiating the conditions of the licence,and on behalf of the landlord, we can vetthe tenant's proposals to ensure thatthey are not of detriment to the buildingand other residents, and that the worksare carried out in conformity with theLicence.

LEASEHOLD REPAIRS AND TENANT ALTERATIONS

Although the Party Wall etc. Act 1996extended the scope of party wall legisla-tion to the whole of England and Wales,similar legislation has been in place inLondon for over 100 years, and OrpwoodAssociates has over 30 years experience inacting in this type of work.

We at Orpwood Associates deal with PartyWall matters on a daily basis and have anin-depth knowledge of the workings of theParty Wall etc. Act 1996, which, coupledwith our broad experience of constructiontechniques, gives us the ability to resolveyour party wall dispute. Thus, whether youare a developer contemplating the rede-velopment of a city centre site or ownerconcerned about the possible effect of aneighbour's extension on your house, wewould be pleased to hear from you.

This legislation has two main purposes.The first is to enable building work anddevelopment to be carried out incongested urban environments, and thesecond to provide some protection to theowners and occupiers of adjoining landand buildings which may be affected bysuch work.

As its name suggests, the Act covers workto "Party Walls" (i.e. essentially those wallswhich separate the buildings of differentowners, and/or which sit astride theboundary between two properties), but alsodeals with walls built up to the boundary,and excavations which are lower than theadjoining owner's foundations and withina prescribed distance from them.

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PARTY WALL MATTERS

We would define Project Monitoring as'protecting the client's interests by identifying and advising on the risksassociated with acquiring an interest ina development that is not under theclient's direct control'.

Our surveyors have experience of projectmonitoring in the residential, commercial,and health care sectors, acting for banksor funding institutions and tenants orpurchasers who have entered into a commitment to lease or purchase a propertyon completion.

The extent of the service provided variesfrom project to project but will generallyinclude providing advice on the followingmatters:

• Land and property acquisition matters;

• Statutory consents;

• The competency of the developer, its teamand any proposed project managementsystems;

• Development, finance, consultancy andconstruction agreements;

• Construction costs and programmes;

• Design and construction quality.

In our experience, the appointment of aproject monitor (or client's representative)is of considerable value to directors andmanagers in companies and organisationswho have little or no property or construc-tion expertise. In this case, the projectmanager acts as an 'interpreter' and a'mediator' between the developer andclient thus ensuring both parties have abetter understanding of the other'srequirements, objectives, and limitationsand helping to minimise the expectationgap between the parties.

PROJECT MONITORING AND ACTING ASCLIENTS REPRESENTATIVE

When it is important to keep a building ingood repair, to provide adequate financialfor future cyclical or major repairs, and toensure that the maintenance funds orservice charges are used wisely, then aplanned maintenance programme is required.

Orpwood Associates have prepared main-tenance programmes for many residentialapartment blocks and institutional buildings.Commonly extending over a 10-year period,the preparation of the plan commences witha detailed survey of the property, usuallyaccompanied by the inspection of thecommunal building services such as lifts,hot and cold water supplies, heating, ven-tilation and drains by specialist contractors.

Following the inspection, the cost ofeach repair is estimated and prioritised inrespect of their urgency, their overalleffect on the building and its occupants,and the availability of funds. A programmeof repairs is then prepared, taking intoaccount such matters as the frequencyof cyclical repairs, the need to makemaximum use of scaffolding, and the needto avoid undue fluctuations in the servicecharge or annual expenditure budgets.

The preliminary programme is thendiscussed with the clients, to ensure thattheir own priorities and management criteria are taken account of and then afinal programme is produced on an Excelspreadsheet, enabling the programme to berevised on an annual basis as repairs arecarried out, quotations received and sub-stituted for estimated figures, or to adjustfor changes of inflation in building costs.

The plan can also incorporate advice oncompliance with new statutes, health andsafety issues, and energy saving proposals.

Once the plan is adopted, we can alsoassist with its implementation, either byrecommending suitable contractors orpreparing specifications for the work,obtaining tenders, and carrying out thecontract administration process.

PLANNED MAINTENANCE

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Trevor Orpwood FRICSAlan Long MRICS

Orpwood Associates Ltd15 West HillLondon SW18 1RB

Tel: (020) 8877 0777Fax: (020) 8877 5789surveyors@orpwood.co.uk