Barrow Hill major works project R104
Questions and answers June 2017
Dispute with Keepmoat
Q: What is the current status of the dispute with Keepmoat?
CityWest Homes has instructed the contractor, Keepmoat, to replace the windows installed as part of the major works project on the estate. Keepmoat dispute this and have put forward proposals to repair the windows.
CityWest Homes is unsatisfied with these proposals and the position remains unchanged. CityWest Homes is holding Keepmoat to account and is using the remedies set out in the contract to ensure they fulfil their contractual obligations.
Throughout this period, CityWest Homes has kept discussions with Keepmoat open.
Q: What has CityWest Homes done to try and resolve the dispute?
CityWest Homes has been gathering evidence to support its position, including:
- Conducting detailed internal surveys of 143 of the 174 properties (82%) and external surveys to all windows across the estate from July 2016 to January 2017.
- Instructing numerous tests by the Building Research Establishment (BRE) to simulate British Standards testing. The tests have involved air and water testing.
- Conducting destructive tests of both casement and sash windows to establish the component make up and build quality.
- Removing a sample of windows and French doors to establish quality of fixing details and damp proofing works.
- Instructing paint specialists to report on the type, thickness and application of the paint. These results have again been reviewed and reports prepared by the BRE.
CityWest Homes is in the process of pulling the final few pieces of information together to issue to Keepmoat by the end of June 2017. The whole process has taken considerable effort and time, not least because Keepmoat have been invited to witness each and every step of this process.
In conjunction with this, CityWest Homes has conducted on-going without prejudice meetings with senior members of the Keepmoat team.
Q: What are the next steps and possible outcomes?
CityWest Homes is holding Keepmoat to account and is using the remedies set out in the contract to ensure they fulfil their contractual obligations.
CityWest Homes must follow this process to try at resolve the dispute. This includes the requirement for mediation which CityWest Homes and Keepmoat are in the process of engaging in.
At the same time as the mediation process, CityWest Homes is preparing the final few pieces of evidence that it will issue to Keepmoat before the end of June 2017. This information will be accompanied by further instructions requesting that Keepmoat replace the windows throughout the estate. Keepmoat will have a minimum of 30 days to respond to the instructions.
There are three possible outcomes:
- Keepmoat return and to replace the windows.
- Westminster City Council litigate.
- Keepmoat make a commercial settlement with Westminster City Council over the cost of the windows installed and explore other options.
The possible outcome will be determined by Keepmoat’s response to the final submission of evidence in June 2017 and instruction to replace the windows across the estate. CityWest Homes will provide a further update for residents in September.
Q: What steps has CityWest Homes taken in the last 12 months?
Below is a summary of the onsite activity undertaken by CityWest Homes:
- All properties surveyed externally and 143 of 174 properties surveyed internally (82%).
- 1,114 windows surveyed internally.
- Over 130 quality management surveys undertaken, with 350 external and over 100 internal defects/ snagging items noted.
- Of these defects / snagging items, Keepmoat has completed 43 and the remaining are programmed to be completed within the next two months.
- Intrusive testing of 10 windows and one set of French doors by the Building Research Establishment .
- Removal of the scaffold netting.
- Removal of the scaffold in stages, with the final scaffold down in May 2017.
- Garden clearance and tidy up in June 2017.
- External window cleaning in June 2017.
Quality issues
Q: What is CityWest Homes’ positon on the windows installed as part of the project?
CityWest Homes believes that there are a number of defects and inconsistences with the construction and installation of the windows and French doors as installed.
Extensive surveys and testing has been undertaken to further identify these issues. This information is being disclosed to Keepmoat to try and resolve the dispute. CityWest Homes’ position in relation to the windows remains unchanged. CityWest Homes believes that the windows do not comply with the specification and that they need to be replaced.
Q: What defects have been identified with the windows during the surveys?
The issues with the windows include, but are not limited to:
- Dropping top sashes.
- Adhesion issues with astragal bars.
- Issues with the weighting of the sash windows.
- Issues with corrosion of the ironmongery/fittings/fixings.
- Paint finish.
- Seals coming off.
- Compliance with British Standards.
- Leaks.
- Splitting to the bottom sash.
- Opening Joints.
Q: What was the outcome of the independent testing of the windows by the Building Research Establishment (BRE)?
The findings of the testing by the BRE are in dispute and form part of CityWest Homes’ action and therefore are subject to legal privilege. This means that the detailed findings cannot be shared with residents at this stage.
Q: What is the warranty on the windows installed?
Keepmoat has not provided valid warranties for the windows installed.
Q: What work is outstanding and when will this be completed?
Through the quality management surveys and resident feedback CityWest Homes has identified 350 external and over 100 internal defects/ snagging items. Of these defects / snagging items, Keepmoat has completed 43 and the remaining are programmed to be completed within the next two months.
Q: Now the scaffold has been taken down, will the brickwork be repaired and garden areas be made good?
Yes, CityWest Homes has complied a detailed defectssnagging list which includes brickwork repairs across the estate. These are programmed to be completed within two months.
Following the removal of the scaffold, the garden areas across the estate have been cleared of debris and rubbish. Once the compound in the middle of the estate has been removed, the area will be reinstated.
Q: There are trailing cables running across / along a number of blocks, will these be tidied up?
Yes, the defects / snagging list includes the trailing cables across the estate. Along with the other defects / snagging list, these are programmed to be completed within two months.
Q: What works are due in the car park areas?
CityWest Homes has ordered repairs to the car park areas. Once Keepmoat have left CityWest Homes will undertake a feasibility study to completely renew the car park tarmac. We have an approved budget to have this work undertaken and will discuss our proposals with residents once Keepmoat have left site.
Q: What quality management procedures have been put in place to sign of any work?
The Work undertaken by Keepmoat has been checked by the CityWest Homes’ Project Manager and Quality Manager.
As outlined above, quality management surveys have identified 350external andover 100 internal defects/ snagging items. Of these defects / snagging items, Keepmoat has completed 43 and the remaining are programmed to be completed within the next two months.
It is only when these defects and snagging items have been completed that the work will be signed off.
Q: When will compound in the middle of the estate be removed?
Keepmoat has said that the site compound in the middle of the estate will start to be removed from 26 June 2017. The area will subsequently be reinstated. However, the site office and hoardings on Newcourt Street will remain while Keepmoat work through the defects / snagging list.
Reporting immediate issues or concerns
Q: How do you report immediate issues with windows or any other parts of the work, including damp issues?
Please contact the CityWest Homes’ Customer Services Team on 0800 358 3783 or . CityWest Homes will log the issue and, where appropriate, instruct Keepmoat for rectification in the first instance as determined by the contract. If the issue is not related to the major works project the Customer Services team will assign it to the relevant team within CityWest Homes and keep you updated on progress.
Leaseholder charges
Q: Is CityWest Homes going to revise leaseholders’ estimated accounts to reflect the dispute over the windows?
Yes, as the window element is in dispute the costs of this element of the project is in abeyance until the dispute is resolved. CityWest Homes has updated leaseholders’ estimated accounts to reflect this.
CityWest Homes will write to all leaseholders this week to outline their original estimate, the revised estimate and the difference between the two. The costs for the windows will be billed to you at a later date and will reflect the outcome of the dispute resolution with Keepmoat.
Q: Will leaseholders have to pay for CityWest Homes legal fees and fees incurred for surveys and testing?
The costs of legal fees, surveys and testing will not be passed on to leaseholders.
Compensation
Q: What compensation can CityWest Homes offer residents?
CityWest Homes is sorry for the delay to the project and for the inconvenience and upset this has caused. CityWest Homes’ priority at this time is to resolve the dispute with Keepmoat and specific claims for compensation will be reviewed once the positon regarding the dispute is known. When reviewing claims for compensation, CityWest Homes will follow the guidance from the Local Government Ombudsman.
CityWest Homes would like to set up a community fund on the estate to carry out improvement works for the benefit of all residents. If you have any ideas about possible community projects Please contact the CityWest Homes’ Customer Services team on 0800 358 3783 or .
CityWest Homes will provide an update on these two points in September.
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