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Case Studies – Lessons and Pitfalls The Services have failed, again. Whose fault is it?” David Arnold, Troup Bywaters & Anders, Reading, United Kingdom [email protected] RAE Visiting Professor, London South Bank University [email protected] Simmons & Simmons and SWEP Seminar - Tuesday 22 November 2016 Heat Networks –Opportunities and Pitfalls

Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

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Page 1: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Case Studies – Lessons and Pitfalls

“The Services have failed, again. Whose fault is it?”

David Arnold,

Troup Bywaters & Anders, Reading, United [email protected]

RAE Visiting Professor, London South Bank [email protected]

Simmons & Simmons and SWEP Seminar - Tuesday 22 November 2016Heat Networks –Opportunities and Pitfalls

Page 2: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

The Services have failed, again. Whose fault is it?

Effect, Cause, Solution, Cost and Liability

Typical Cases

Case Study – Major Hospital

Lessons Learned

Page 3: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Lloyds Building London

Effect:

Water found dripping

from S/S cladding

Cladding was lifted to

Investigate……

Page 4: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Lloyds Building London

Page 5: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Lloyds Building London

• Cause – Cladding joints not watertight

Page 6: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Lloyds Building London

• Cost – As reported by BBC News

• The celebrated British architect, Lord Rogers, paid a heavy price for his iconic 1980s creation, the Lloyd's of London building.

• Lord Rogers - together with engineers (Arup) and builders - paid £12m to cover the cost of repairs to the towering glass and steel landmark.

• Initially applauded for its radical "inside-out" design - service pipes and other usually hidden features were clamped to the outside of the building - it was later struck by corrosion. Remedial work took 18 months to complete.

Page 7: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Green Building Bristol

• Bank wanted a new prestige low energy

– “Green Office Building”

• Architect wanted a “clean uncluttered ceiling”

• Engineer wanted to use low energy chilled beams

Page 8: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Green Building Bristol

• Effect:

– Contractor could not commission the system

– Not enough cooling available

Page 9: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Green Building Bristol

• Causes:

– Novel technique – chilled beam above ceiling

– Contractor had changed glass to save money!

Page 10: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Green Building Bristol

• Cost:

– Replacement glazing on three faces

– Additional AC as chilled beams inadequate

• Liability: contractor

Page 11: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Verizon Office Complex

• Office Complex of six interlinked buildings

• Built in two phases, Phase 1

– Three 3-storey office blocks

– Basement car park and energy centre

• Phase 2

– Three 4-storey office blocks

Page 12: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Effects

• Control valves failing after a few weeks

• Main chillers failed after 12 and 18 months

• Contractor investigated – did remedial works

• Remedial works failed to solve problems

Page 13: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Effects

Page 14: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Causes

Page 15: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Costs

• Replacement of four chillers

• Replacement of boilers

• Additional expansion vessels

• Complete replacement of heating and chilled water pipework on office floors

• Additional water treatment/cleaning

• Disruption to business

Page 16: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

District General HospitalPVC Pipe Failures

• Major Hospital Development – Scotland, 500 beds

• PFI Contract had clause re Structural Defects – 10 years

• Heat networks serving several hot water generators

• Scottish water aggressive to copper

• Pipes had to be either stainless or C-PVC

Page 17: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

District General HospitalPVC Pipe Failures

• PFI Contract had clause re Structural Defects – 10 years

• Structural Defect defined as:– (A) an inherent defect in the structural works of the New Build

Hospital…

– (B) the use of any Prohibited Materials…..

– (C) any other inherent defect in the Facilities,

Page 18: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

District General HospitalPVC Pipe Failures

• Trust expert argued serious H&S risk of pipe failures in ceiling voids during maintenance or modifications

• Polymer expert said pipe prudent to replace pipes after initial tests.

• A few incidents occurred causing some small bore pipes to fail.

• Trust expert said hot water pipework has become so brittle - serious risk to the operation of the hospital and replacement necessary.

• Trust expert said this was a “Structural Defect” i.e. Contractor liable

Page 19: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

District General HospitalPVC Pipe Failures

Page 20: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

District General HospitalPVC Pipe Failures

• Polymer expert pipe samples failed under a single impact: greater than allowed in BS EN 744:1996.

• Polymer expert said pipe failed to meet the manufacturers predictions of 50 years

• Polymer expert said cause was phthalate esters from fire collars.

• Trial date set for September 2015 – Polymer expert introduced new theory

• Trial date reset for July 2016

Page 21: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

District General HospitalPVC Pipe Failures

• Effect - some defective fittings installed originally that led to calling in expert;

• Cause – Mechanical properties of plastic pipe changes over time;

• Plastic pipe is less robust than metal

• Cost – Nil for remedial works – several £M for costs

• Liability – case dropped

Page 22: Case Studies –Lessons and Pitfalls november/david... · Simmons & Simmons and SWEP Seminar -Tuesday 22 November 2016 ... • Additional water treatment/cleaning ... the use of any

Lessons

• Design:

– Avoid over complicated designs

– Avoid innovative techniques without thorough testing

• Forensic analyses:

– Don’t speculate causes

– Don’t get hung up on initial theories

– Review design processes from beginning

– Analyse each stage of design process