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Management of the Holyrood building project (PDF ... - Audit Scotland

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4.27 The architects had accepted<br />

responsibility for completing all<br />

aspects <strong>of</strong> <strong>the</strong> design. But from 2000<br />

<strong>project</strong> management, on <strong>the</strong><br />

construction manager’s<br />

recommendation, increasingly<br />

adopted trade contractor design for<br />

some key works packages. Under<br />

this approach <strong>the</strong> architects remained<br />

responsible for most <strong>of</strong> <strong>the</strong> concept<br />

design, but trade contractors took<br />

greater responsibility for developing<br />

<strong>the</strong> detailed design information<br />

necessary for construction.<br />

4.28 This provided <strong>the</strong> opportunity to<br />

enhance <strong>the</strong> ‘buildability’ <strong>of</strong> <strong>the</strong><br />

detailed design and speed up<br />

completion <strong>of</strong> <strong>the</strong> work. Trade<br />

contractors brought <strong>the</strong>ir own<br />

designers in to supplement <strong>the</strong><br />

architect’s resources. They could<br />

provide design solutions to <strong>of</strong>ten<br />

complex requirements that <strong>the</strong>y<br />

were more confident <strong>the</strong>y could<br />

build. But this approach carried a<br />

hidden extra cost. The mixture <strong>of</strong> <strong>the</strong><br />

commercial approach adopted – such<br />

as <strong>the</strong> use <strong>of</strong> two stage tenders and<br />

provisional sum allowances – and<br />

uncertainty about <strong>the</strong> scope <strong>of</strong> <strong>the</strong><br />

work had <strong>the</strong> result that for a great<br />

part <strong>of</strong> <strong>the</strong> work <strong>the</strong> final price was<br />

set by negotiation with a single<br />

contractor not by a competition<br />

(although <strong>the</strong> contractor had usually<br />

been selected by competition at an<br />

earlier stage).<br />

4.29 To meet <strong>the</strong> programme <strong>the</strong><br />

construction manager developed a<br />

tender event schedule to drive along<br />

<strong>the</strong> process <strong>of</strong> trade contractor<br />

selection and award. The schedule<br />

set out key milestones in <strong>the</strong> overall<br />

procurement process <strong>of</strong> each trade<br />

package, from pre-qualification stage<br />

to agreement <strong>of</strong> bid lists, preparation<br />

<strong>of</strong> tender enquiry documents,<br />

obtaining tenders, tender<br />

recommendations, contract awards<br />

and start on site.<br />

Part 4. The reasons for increased costs 59<br />

4.30 To meet <strong>the</strong> required<br />

programme packages went out to<br />

tender generally at <strong>the</strong> dates required<br />

in <strong>the</strong> tender event schedule, even if<br />

<strong>the</strong> amount <strong>of</strong> design information<br />

was less than would normally be<br />

expected. The fur<strong>the</strong>r advanced <strong>the</strong><br />

design is prior to tendering, <strong>the</strong><br />

greater level <strong>of</strong> cost certainty that<br />

can be achieved. But as shown in<br />

Part 3 late and incomplete supply <strong>of</strong><br />

design information was a significant<br />

factor in many <strong>Holyrood</strong> contracts.<br />

4.31 Based on data in <strong>the</strong><br />

construction manager’s tender event<br />

schedule <strong>the</strong>re was a long period<br />

between <strong>the</strong> initial tender and <strong>the</strong><br />

subsequent start on site in 11<br />

contracts examined (Exhibit 35<br />

overleaf). The time between approval<br />

<strong>of</strong> <strong>the</strong> tender recommendation and<br />

<strong>the</strong> subsequent start on site strongly<br />

suggests that <strong>the</strong> design was not<br />

sufficiently detailed at tender stage<br />

and that design input was required<br />

from <strong>the</strong> trade contractor. It was<br />

almost as if, once a package had<br />

been awarded, it <strong>the</strong>n had to wait for<br />

<strong>the</strong> design to catch up.<br />

4.32 Tendering work with an<br />

uncertain scope adds to overall cost<br />

because it reduces <strong>the</strong> level <strong>of</strong><br />

competitiveness in achieving<br />

eventual price certainty. The cost risk<br />

lies with <strong>the</strong> client and not <strong>the</strong> trade<br />

contractor. The trade contractor is in<br />

a very strong position to set <strong>the</strong> final<br />

cost <strong>of</strong> <strong>the</strong> provisional, undefined<br />

items. Costs are subject to review<br />

and approval by <strong>the</strong> construction<br />

manager, <strong>the</strong> cost consultant and<br />

<strong>project</strong> management. But <strong>the</strong> scope<br />

for controlling costs for <strong>the</strong>se<br />

elements <strong>of</strong> <strong>the</strong> work is inevitably<br />

compromised in <strong>the</strong> absence <strong>of</strong> a<br />

competition. If <strong>the</strong>re was<br />

disagreement with a supplier about<br />

costs, <strong>the</strong> client could in <strong>the</strong>ory<br />

terminate <strong>the</strong> negotiation and seek<br />

ano<strong>the</strong>r supplier. But programme<br />

pressures meant this was not an<br />

attractive option.<br />

4.33 The trade contractor can also,<br />

through pricing levels, ensure that<br />

any risks on costs taken to win <strong>the</strong><br />

contract can be absorbed or<br />

eliminated in <strong>the</strong> subsequent design<br />

development. The trade contractor<br />

does not need to go out to a range <strong>of</strong><br />

material suppliers or sub-contractors<br />

to achieve favourable prices within its<br />

cost allowances, as <strong>the</strong>re is no<br />

competition.<br />

4.34 The inevitable consequence <strong>of</strong><br />

letting packages before <strong>the</strong> design<br />

had been fully developed was<br />

<strong>the</strong>refore a loss <strong>of</strong> true<br />

competitiveness. Instead <strong>of</strong> securing<br />

as large a proportion <strong>of</strong> <strong>the</strong> overall<br />

costs as possible on a fixed price<br />

basis, design uncertainty led to large<br />

provisional items, which led to a<br />

much greater degree <strong>of</strong> negotiation<br />

than was desirable. In <strong>the</strong><br />

consultant’s opinion seven <strong>of</strong> <strong>the</strong> 20<br />

trade contracts reviewed were<br />

tendered when design was not as far<br />

advanced as <strong>the</strong>y would normally<br />

expect. Whilst <strong>the</strong> rationale for<br />

awarding <strong>the</strong>se packages in this way<br />

was driven by programme, it had an<br />

inevitable impact on cost (Exhibit 36<br />

overleaf).<br />

4.35 On 18 <strong>of</strong> <strong>the</strong> 20 packages<br />

reviewed trade contractors had some<br />

design responsibility. On four <strong>of</strong><br />

<strong>the</strong>se packages <strong>the</strong> trade contractors<br />

were required to finalise <strong>the</strong><br />

development <strong>of</strong> <strong>the</strong> concept in<br />

addition to <strong>the</strong> detailed design,<br />

subject to final design team approval.<br />

While specialist trade contractor<br />

design input was necessary to<br />

develop certain elements <strong>of</strong> <strong>the</strong><br />

design this input ideally should have<br />

been separated from <strong>the</strong><br />

construction works, which should<br />

have been separately competitively<br />

tendered once <strong>the</strong> design reached<br />

<strong>the</strong> required stage. This did not<br />

happen at all in <strong>the</strong> <strong>Holyrood</strong> <strong>project</strong>.

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