Claim No.

3 : Changes in the Employers Requirements

Details of Changes in the Employers Requirements

General explanation of Changes to internal layouts. The internal layout designs as set out in the contract comprised that depicted on drawings DB324/2e and DB324/3e, subject to further modification as would have been necessary to accommodate the fire fighting staircase and smo e lobby provisions indicated in the !ontractor"s #roposals$ The !ontractor also needed to detail the applicable compartments for the e%uipment intended to be accommodated within the &ower 'round (loor$ )ccordingly, some redesigning would have necessary and it was clearly the responsibility of the !ontractor to carry out such$ *owever, given that the !ontractor"s #roposals were based on an enlarged building footprint and that further space was available due to the omission of the &ift motor +oom, the redesigning cannot be regarded as a particularly demanding or time consuming process$ *ence, the !ontractor had been entitled to ma e provision for being in the position to agree the ,fro-en" internal layout designs and to, thereupon, commence design development within a wee of ta ing possession of the site$ The issue of drawing DB324/2g, immediately prior to the Date for #ossession, entirely altered the above.indicated situation$ /t should first be noted that whereas revision ,e" had shown the layout of the 'round (loor and 0pper 'round (loor, revision ,g" showed the layout of the 'round (loor and &ower 'round (loor$ But, it also substantially varied the layout of the 'round (loor 1including removing all details of the &ounge and 'reat +oom2 and introduced rooms at &ower 'round (loor level$ 3urprisingly, drawing DB324/2g disregarded the s etches contained in the !ontractor"s #roposals in respect of the e4tended building footprint, the fire fighting and smo e lobby arrangements to !ores 5 and 3 and the omission of the store to !ore 5$ *owever, conversely, it utili-ed the space on the 'round (loor provided by the omission of the lift motor room$ )ccordingly, the issue of this drawing had, at a stro e, confused what had been a fairly straightforward issue$ (urthermore, it introduced matters that needed to be resolved before the design could be ,fro-en" and, obviously, delayed commencement of the normal design development processes$ 3oon after the Date of #ossession, it became evident that the !ontractor would not be afforded the dimensions of the site as ascertained from the ,approved boundary" shown on the drawings DB/324/2e$ 6/ncidentally, the ,approved

boundary" as shown on drawing DB324/2e was identical to that on drawing DB/3242g$7$ /n essence, the width of the &ocal )uthority"s paving, e4ternal to the site, had been increased along the northern and eastern boundaries and occupied areas that should have formed part of the site, i$e$ within the ,approved boundary"$ This meant that there was insufficient space to construct the eastern fire fighting staircase and smo e lobbies as shown in the !ontractor"s #roposals$ 8or was it possible to achieve the precise building footprint, as depicted in the drawings contained in the 9mployer"s +e%uirements$ /n addition, the !ontractor had to contend with the re%uirements of drawing DB324/2g$ The comple4ities of accommodating the re%uired number of bedrooms, etc$ within a smaller building footprint cannot be understated$ *owever, the difficulties were compounded because the potential for alteration to the &ocal )uthority"s paving widths needed to be e4plored and, until that issue was resolved, the actual e4tent of the reduction to the footprint could not be defined$ :oreover, the internal layout of the building as per drawing DB324/3e had generally already been designed to the limits of the *oliday /nn 94press Technical :anual/#rototype /nformation 1as also included in the 9mployer"s +e%uirements2 and, therefore, there was limited scope for modification in that respect$ 8evertheless, the !ontractor prepared schemes and options for the 9mployer"s consideration$ ;ne of these proposed to reduce the number of guest rooms, but such was unacceptable to the 9mployer$ )nother, included reduction to corridor widths which the 9mployer initially rejected, but later relented$ /t was apparent that the 9mployer regarded the problems of achieving a defined boundary/ final building footprint and the redesigning of the internal layouts to be matters for the !ontractor to resolve$ 9vidently, the 9mployer did not see need to ta e responsibility himself for negotiating any modification to the pavement widths with the &ocal )uthority or to give the !ontractor any instructions in connection with the redesign of the <or s$ )ccordingly, in order to fulfil his primary obligation to complete the design and to progress and complete the <or s, the !ontractor was compelled to negotiate directly with the &ondon Borough of *ac ney to achieve a wor able solution with regard to the interfaces between the proposed building and surrounding pavements$ The final building footprint, as first agreed with the !ouncil and then accepted by the 9mployer, was set out on the !ontractor"s =>>> revision D$ 63ee 9)!/ 8o$ 37$ The solution involved a reduction in the overall length of the building from that indicated in the !ontractor"s #roposals, a reduction in the width of the building towards the east end of the site, a reduction in the overall plan dimensions of the east turrets and a series of projections or ,pinch points" into the paving areas abutting the northern building line$

*aving resolved the footprint issue, the !ontractor was able to set about the presentation of construction drawings showing redesigned internal layouts$ /n order to mitigate delay, the preparation thereof had been progressed, at his own ris , ahead of and concurrent with the negotiations with the &ocal )uthority$ *is proposals incorporated a rearrangement of the upper floors by stac ing li e bedroom types above each other and the reduction of corridor widths$ /n addition, the proposed layouts accommodated the fire fighting staircases and smo e lobbies and redesigned the ,!ore 2 staircase" to overcome the infeasible arrangement shown on drawing DB324/2e$ The 9mployer has issued no formal instructions in any of these respects$ )s the problem of the ,!ore 2" staircase had not been recogni-ed by either the 9mployer or the !ontractor prior to the Date for #ossession, the necessary modifications, including its effect on the respective floor plan layouts, should be dealt with as a ,!hange"$ !lause 2$4$5 of the !onditions applies$ <ith regard to the layouts of the 'round (loor and &ower 'round (loor, the !ontractor"s drawing =>>5 revision B showed the provision of compartments for plant and e%uipment at basement level$ This drawing also accommodated the additional re%uirements of drawing DB324/2g, together with modifications thereto as re%uested by the 9mployer$ These involved the relocation of the &inen 3tore from 'round (loor to &ower 'round (loor level, the repositioning of the 3taff Toilets, the creation and repositioning of a <or shop in lieu of a +epair/3tores area, the creation of a 3taff !ommon +oom, the provision of a ramped access from the &ower 'round (loor to the e4ternal street level, the repositioning of the :ale, (emale and Disabled Toilets and the repositioning of the !addy 3tore area$ /t should be noted that layout drawing =>>5 revision B was subse%uently subject to further and ongoing modification as a conse%uence of further instructions, decisions and information from the 9mployer$ These modifications are shown on drawings =>>5 revisions ! to 3 inclusive$ /n some cases these modifications were inevitable$ (or e4ample, given that drawing DB324/2g had omitted the layout of the ,(it ;ut" area, such could only be reintroduced when the 9mployer made his re%uirements nown with regard to the e4penditure of the applicable #rovisional 3um$ *owever, it most cases, the revisions were brought about by one or other of the aforementioned initial methods used by the 9mployer to procure ,!hanges"$ )ttention is drawn to the !ontractor"s ,3chedules of !hanges", as contained in the )ppendi4 of this submission$ These trac the introduction of the 9mployer"s re%uired modifications to the layouts of the building throughout the redesign and design development processes$ /t is suffice to confirm that following the issue of drawing =>>5 revision B, further modifications were re%uired by the 9mployer and these instructions themselves e4tended beyond the Date for !ompletion$ The modifications

necessitated ongoing change to and updating of previous construction drawings$ /n the process, the arrangement of the &ower 'round (loor and 'round floor changed entirely from that shown on drawing DB324/2g and that, in itself, had significantly changed the layout of the 'round (loor from that agreed under the contract$ /t is submitted that all of the redesigning underta en by the !ontractor is in its own right a ,!hange in the 9mployer"s +e%uirements"$ The design is regarded as having been ,fro-en" on 22nd 3eptember 5??@ i$e$ the date upon which The Design Buro first responded formally to the !ontractor"s redesign proposals$ )t that stage, as an e4ample, drawing =>>5 revision ( had been issued$ This ,free-e" date is important in that it signifies the point at which the !ontractor should have been able to concentrate on coordinating and detailing the individual elements of the structure without encumbrance of ,!hanges"$ This, in fact, proved not to be the case and ,!hanges" had to be accommodated on an ongoing basis until completion of the <or s$ /t is further submitted that where changes in the layout of the &ower 'round (loor and 'round (loor caused previously completed construction drawings to be modified, the evaluation of the redesigning should include for the abortive designs previously issued$ (urther ,!hanges" were also re%uired with regard to the upper floors, including the 0pper 'round (loor$ /n the main these were introduced by drawings issued by The Design Buro and are detailed later in this submission$ )s stated in the previous section of this submission, the !ontractor had allowed for traditional bathrooms 1as opposed to pods2 to the eastern turrets and, elsewhere, the !ontractor"s #roposals had defined that pods would ,be utilised where possible"$ )s a conse%uence of the revised building footprint and the modification of the ,!ore 2" staircase, it was necessary for the !ontractor to install traditional bathrooms in lieu of pods in the central turret rooms$ This must in itself be regarded as a ,!hange" in the 9mployer"s +e%uirements$ )s stated previously, a significant part of the 'round (loor comprised the ,(it ;ut" area for which a #rovisional 3um had been allowed within the !ontract 3um with regard to its finishes and joinery$ The 9mployer engaged Darby )ssociates to produce the applicable interior designs$ )ny drawings produced by the interior designer and subse%uently issued to the !ontractor must be regarded as ,!hanges in the 9mployer"s +e%uirements"$ That these designs were provided later than was necessary is dealt with later in this submission$ The 9mployer"s +e%uirements do not precisely define term ,finishes" as used in connection with the ,(it ;ut" wor s and some debate too place in this respect during the currency of the contract$ The !ontractor submits that he is entitled to rely on the generic meaning as, indeed, he applied within the !ontractor"s

#roposals with regard to all areas other than those comprising the ,(it ;ut" wor s$ )ccordingly, the !ontractor maintains that he made no separate allowance within the !ontract 3um for any of the below.listed elements, deeming them to be covered by the #rovisional 3umA (loor finishesA !arpets$ !eramic tiling$ <all finishesA Decorations$ !eiling finishesA 3uspended ceilings$ That the interior designer showed the foregoing items on his drawings is ta en as evidence that the !ontractor was not e4pected to ma e separate provision for such, despite the 9mployer"s )gent"s assertions to the contrary$ /n this respect, references within the !ontractor"s #roposals, to #rime !ost 3ums for wall, floor and ceiling finishes obviously relate to all locations other than the ,(it ;ut" area$ &i ewise, with regard to suspended ceilings, references in the !ontractor"s #roposals to ,public areas and meeting rooms" relate to those situated outside the ,(it ;ut" area$ /t is further submitted that the 9mployer"s +e%uirements do not precisely define the area of the ,(it ;ut" wor s$ The !ontract 3um )nalysis specifies that the #rovisional 3um applies to ,+eception, 9ntrance (oyer, +estaurant 1and2 :eeting +ooms"$ /t has been previously identified that differing terminology is used in the 9mployer"s +e%uirements to describe the same area i$e$ 'reat +oom 1+estaurant2$ )lso references are made to areas that clearly form part the ,(it ;ut" wor s that are not specifically identified under the #rovisional 3um i$e$ Bar and &ounge$ :oreover, whereas the #rovisional 3um was intended to apply to a large part of the 'round (loor, confusion is generated because there were also meeting rooms on the upper floors$ ;n the other hand, one of the meeting rooms on the 'round (loor is referred to as the 3yndicate +oom$ (or the avoidance of doubt, the !ontractor hereby sets out that he regards the #rovisional 3um to apply to the whole of the 'round (loor e4cept the Bac of *ouse areas, toilets and public corridors$ !onversely, he does not believe the meeting rooms on the upper floors to have ever been intended to form part of the ,(it ;ut" area$ This latter point is also born out by the fact that Darby )ssociates did not prepare drawings in respect thereof$ 6By others B see 3ection 2 of the 'eneral +e%uirements and #reliminaries7$

/rrespective of his failure to issue an instruction in writing, or that the !onditions do not e4pressly empower him to issue such an instruction, the 9mployer re%uired the !ontractor to obtain competitive tenders for the joinery wor s to the ,(it out" area$ These were to be based on Darby )ssociates" drawings$ /t is well understood that the 9mployer wished to ta e advantage of the lowest possible price for these wor s$ *owever, the imposition of a formal tender process within the confines of the contract period undermined the !ontractor"s control with regard to the !ompletion Date$ (or e4ample it denied the !ontractor the opportunity to ,save time" through direct negotiations with a specialist joinery firm$ 'iven that the !ontractor duly complied with the 9mployer"s instruction, it is submitted that it constitutes a ,!hange in the 9mployer"s +e%uirements" and should be valued as if it were a #rime !ost 3um i$e$ affording mar up for overheads, profit and attendance$ /n respect of the ,(it out" area and with regard to the joinery only, the drawings of Darby )ssociates were conceptual and, it was left to the !ontractor, through his specialist joinery sub.contractor, to complete those designs$ )ccordingly, notwithstanding that the specialist joinery sub.contractor carried out those designs, the aforementioned mar up should also ta e account of the !ontractor"s liabilities in connection therewith$ )lthough not entirely in eeping with the logic used above with regard to the ,(it out" area, it should be noted that Darby )ssociates" brief appears also to have included or was e4tended to include the internal design of the :ale, (emale and Disabled Toilets$ Cet these areas had been within the !ontractor"s direct responsibility under the contract$ )ccordingly, any drawings prepared by the interior designer with regard to these toilets and issued to the !ontractor must be regarded as ,!hanges in the 9mployer"s +e%uirements"$ General explanation of Changes associate su"#station. !ith the intro uction of the

9)!/ 8os$ =, ? and 52 comprise the instructions which enabled the !ontractor to place an order with the electricity supplier$ The !ontractor"s #roposals state: The costs for the supply and connection of gas, water and electricity are covered by client provisional sum (71,5 !s, but have included for the associated builders wor" including a substation in the basement with internal access#$ /t is suggested that the intention of this te4t was to convey that the cost of the ,associated builders wor " would be valued together with the cost of the incoming supply/connection$ The 9mployer"s +e%uirements refer to &D electrical supply only$ Cet, the reference in the !ontractor"s #roposals to ,a sub.station" would indicate that there

would be an *D supply$ /t follows that the parties had agreed that the 9mployer would instruct the !ontractor in respect of an incoming *D electricity supply and the associated builders wor $ /t seems, therefore, that an incoming *D supply with a sub.station housed within the &ower 'round (loor was a late inclusion within the scope of wor s that had not been defined in the 9mployer"s +e%uirements$ <ith regard to the incoming supply, the parties should have been aware that the electricity supplier would have a set of re%uirements in terms of the housing, security and safe operation of its e%uipment$ )lthough there can be no suggestion that either party would have nown what the precise re%uirements would have been at the time the !ontract 3um was agreed$ )ccordingly, where those re%uirements would have varied the <or s as set out in the 9mployer"s +e%uirements and !ontractor"s #roposals, a ,!hange" instruction would have been necessary$ Cet, those re%uirements would not necessarily constitute ,builders wor "$ Builders wor is a generic term used for the provision of building fabric sundries such as trenches, pipeways, holes, chases, covers and supports for services and is normally associated with activities such as cutting away for or the building in of pipes, cables and the li e$ /t does not e4tend to the provision of additional elements of the building that are made necessary due to the e4istence of particular services$ To put the foregoing into conte4t, attention is drawn to &ondon 9lectricity letter dated 2@th Eune 5??@ which encloses its ,/nner &ondon 3econdary 3ubstations design guide and information pac "$ /t specifies the need for cable ducts to be installed from the public highway to the sub.station and identifies its re%uirements with regard to access for cable entry into the building$ /t is submitted that such comprises the full e4tent of builders wor and, in accordance with the !ontractor"s #roposals, should have been instructed by the 9mployer and valued under the #rovisional 3um$ *owever, there are further re%uirements set out in the design guide and information pac that constitute elements additional to those defined in the 9mployer"s +e%uirements which also re%uire ,!hange" instructions$ /t is noted that the !ontractor has not been paid for any of the builders wor or other items specified in the aforementioned &ondon 9lectricity design guide and information pac $ 8or did the above.indicated 9)!/"s include for attendance on the electricity supplier$ Cet, there is nothing within the contract to imply that the !ontractor had allowed or should have allowed for the conse%uences of a future instruction for electricity supplies$ )ccordingly it is submitted that the following constitute ,!hanges in the 9mployer"s +e%uirements"A

5$ )ccess for cables, including pipe ducts and floor ducts with covers$ 2$ The provision of a 4 hour fire rated enclosure for the transformer, switchgear, etc, including secondary escape door painted as specified$$ 3$ 3trengthening of the floor of the Transformer +oom to accommodate the weight of the electrical plant and e%uipment 1)ppro4imately 4 tonnes2$ 4$ ) pair of e4ternal steel doors with specified loc ing system, including steel frame all painted as specified plus a concrete threshold$ =$ #rovision of steel louvred ventilators, painted as specified$ F$ )ttendance on the electricity supplier$ /n addition to the foregoing, the electricity supplier re%uired the installation of permanent lifting beams above the e4ternal doorway for the purpose of getting the e%uipment into the building and possible future replacement$ This is recorded under the unconfirmed ,!hanges" to the 0pper 'round (loor$ (rom the aforementioned design guide and information pac , it is also apparent that the headroom of 2$@@= metres as re%uired by the electricity supplier was in e4cess of what could be accommodated within the 2$5@4 metre storey height of the &ower 'round (loor$ *ence, in order to comply with the defined re%uirements it would have been necessary to increase the height of the &ower 'round (loor for at least the area of the Transformer +oom$ /t is submitted that the storey height had been fi4ed under drawing DB324/Fa 1one of the drawings incorporated in the 9mployer"s +e%uirements2 and any modification thereto would be a ,!hange" to the 9mployer"s +e%uirements$ Due to the reduced footprint, the need to redesign the ,!ore 2" staircase and the changed layout of the 'round (loor as per drawing DB324/2g, the !ontractor was already wrestling with the problem of fitting in all of the re%uired rooms$ :oreover, drawing DB324/2g had introduced 3taff Toilets and a +epair/3tores area on the &ower 'round (loor, which in themselves created difficulty in terms of the limited storey height of 2$5@= metres and the routing of cables and pipe across them from the plant on the &ower 'round (loor to the 'round (loor$ )ccordingly, the !ontractor proposed to increase the storey height of the entire &ower 'round (loor and, thereby, accommodate the height of the sub.station, overcome the difficulty of passing pipe wor , etc$ through the rooms introduced by drawing DB324/2g and, further, create the opportunity to relocate some of the 'round (loor facilities at basement level$ /t was, in fact, the only practical solution$ )s in so many situations in connection with this project, the 9mployer refused to give an instruction with regard to this matter$ *e had no objection to it and,

subse%uently, too advantage of it by instructing the relocation of rooms as the !ontractor had suggested$ The 9mployer simply regarded it as the !ontractor"s responsibility to overcome all design problems regardless of howsoever they were caused$ /n order to comply with his obligation to complete the design and the construction of the <or s, the !ontractor lowered the basement floor to increase the storey height to 2$4> metres$ This was the minimum headroom he had subse%uently negotiated with &ondon 9lectricity with regard to the Transformer +oom$ /t is submitted that such should be treated as a ,!hange" made necessary by discrepancies within the 9mployer"s +e%uirements, including any ,!hange" thereto$ The discrepancies are those created by instructions forA a sub.station that proved incapable of being accommodated within the storey height$ the provision of rooms under drawing DB324/2g that would obstruct pipe routes between 'round (loor and &ower 'round (loor$ *aving regard to all of the foregoing, the !ontractor submits that the following also constitute ,!hanges not otherwise confirmed"A @$ )bortive design wor associated with lowered floor to transformer room as per drawing =>>5 revision B$ G$ (oundation and structural modifications associated with increasing the storey height of the &ower 'round (loor to 2$4> metres$ ?$ (urther builders wor in connection with pipe and cable routes through the additional rooms subse%uently instructed on the &ower 'round (loor$ 63ee 9)!/"s nos$ 4, F and @7$

General explanation of Changes to mechanical an electrical ser$ices. /t may be deduced that the !ontractor was intended to provide electrical and mechanical services throughout the building and that, insofar as it had been defined in the 9mployer"s +e%uirements or was capable of being inferred therefrom, the !ontract 3um included for power and lighting, water, gas and drainage supplies$ Therefore, the !ontractor made allowance within the !ontract 3um for such, provided he had some information upon which he could calculate a price$ This applied where it was reasonably apparent that services would be re%uired, even though precise details may not have been given in the 9mployer"s

+e%uirements$ *ence, for e4ample, in that the *oliday /nn 94press Technical :anual/#rototype contained bedroom data sheets depicting the lighting and power for Double +ooms, Twin +ooms and Disabled +ooms, but not for 3pecial +ooms or upper floor :eeting +ooms, the !ontractor nevertheless allowed for electrical services to all of these guest rooms$ /n this respect, the 3pecial +ooms were priced similarly to the other bedrooms, whereas the price for upper floor :eeting +ooms presumed there would be no des s or beds and had, therefore, e4cluded provision for lighting points thereto$ /n a similar manner, the !ontractor made provision for installing services as reasonably appropriate to the &ower 'round (loor, ,Bac of *ouse" rooms, public toilets, corridors on the 'round (loor and 0pper 'round (loor, corridors and lobbies on upper floors and staircase areas, regardless of any lac of defined specified re%uirement$ ;f course, some judgement needs to be applied where detailed re%uirements were subse%uently issued to the !ontractor that e4ceeded the allowance made$ *owever, with regard to the ,(it out" area, the !ontractor only made allowance for the provision of the necessary mechanical and electrical infrastructure to suit whatever the 9mployer would subse%uently define$ The reasons for this wereA 8o details had been provided in the 9mployer"s +e%uirements for this area save for in the broadest terms$ There are references within the 9mployer"s +e%uirements to the !ontractor being obliged to design or comply with ,interior design concepts", ,the /nterior Design" and ,/nterior Designer"s specification"$ /t was, therefore, evident that insofar as such information had not been provided in the 9mployer"s +e%uirements, it would be given under instruction during the currency of the contract$ /t was, therefore, presumed that the 9mployer would define his re%uirements under an instruction with regard to the e4penditure of the #rovisional 3um and such would include an interior designer"s specification and concept drawings$

)ccordingly, the !ontractor had not allowed within the !ontract 3um for completing the designs and carrying out the wor s to the ,(it ;ut" area, because he understood that such would be instructed under the #rovisional 3um$ /n the event, the designs of Darby )ssociates, defined the full re%uirements for the ,(it ;ut" area save that the designs for the joinery alone were of a conceptual nature$ (or the avoidance of doubt it is submitted that all the power soc ets, electrical connections to fittings, fi4tures and e%uipment, lamps and lighting fittings and water and waste supplies subse%uently defined on, or inferred from, Darby )ssociates" drawings constitute ,!hanges in the 9mployer"s +e%uirements"$

/n this respect, the !ontractor had made no provision for the services re%uirements to the e%uipment to be installed by the 9mployer"s specialists within the ,(it ;ut" area$ 3uch comprises the Drin s 3ervery, TD/Drin s 0nit, 3ervice 3tand, Bac Bar, Bar 3ervery, /ce :achine and *ot Drin s :achine$ ;n a similar basis to that applying to the ,(it ;ut" the !ontractor made no allowance for the services to the Hitchen, as there was no information available upon which to base any prices and it was presumed that the 9mployer would define his re%uirements during the currency of the contract under an instruction relative to the #rovisional 3um for itchen e%uipment$ During the currency of the contract further ,!hanges" were made to the 9mployer"s +e%uirements which had a direct impact on the mechanical and electrical services allowed by the !ontractor$ These includedA The revised internal floor layouts generally$ 3pecific alterations to the layouts of the respective types of bedrooms and central turret rooms$ :odifications re%uired by the 9mployer"s specialist direct contractors$

General explanation of Changes to layout of Guest Rooms The layouts of the respective types of guest rooms were subject to clarification or amplification through drawings issued by The Design Buro during the currency of the <or s$ The Design Buro room layouts either amended those in the *oliday /nn 94press Technical :anual/#rototype /nformation or provided layouts where none had been given$ These set out the arrangement of furniture, fi4tures and e%uipment to be supplied by the 9mployer and, where applicable, fi4ed by the !ontractor$ 63ee 3chedule 5 of the 'eneral +e%uirements and #reliminaries and item 5$2= of the #articular #erformance 3pecification7$ These drawings constitute ,!hanges in the 9mployer"s +e%uirements" and their implications are set out in the ,3ummary of drawings and instructions issued by The Design Buro" as given later herein$ (urther ,!hanges" had to be incorporated and these are included in the ,3ummary of !ontractor"s confirmations of instruction"$ (or the avoidance of doubt it should be noted that guest room furniture, fi4tures and fittings were supplied by the 9mployer"s direct suppliers and !ontractor"s responsibilities in respect thereof are defined in item 2$2 of the 'eneral +e%uirements and #reliminaries$ The !ontractor had particular difficulties with ,!hanges" affecting the east and central turret rooms$

<ith regard to the east turret rooms it should be noted that their dimensions had been reduced from those derived from drawings DB324/2e and 3e as a conse%uence of the revised building footprint approved as per the !ontractor"s drawing no$ =>>> revision D 63ee 9)!/ 8o$ 37$ *ence the turrets had been constructed in accordance with those revised dimensions$ *owever, The Design Buro"s drawing of the east turret rooms failed to reflect those reduced dimensions$ :oreover, the !ontractor did not recogni-e the anomaly at the time of issue$ )lthough this is hardly surprising given that the drawings were not dimensioned and, although stated as drawn to scale, were issued in fa4 form only$ 0n nown to the !ontractor, The Design Buro drawings had also been used by the 9mployer to procure the furniture$ !onse%uently, some of the manufactured furniture would not fit the east turret bedrooms$ /t is evident that the 9mployer intends to rely on the third paragraph of item 5$2= of the #articular #erformance 3pecification to attribute blame on the !ontractor with regard to the incorrect si-e of furniture$ This states that he is re%uired to % ensure %that the room si&es%will allow for the integration of all such e'uipment#$ The e4act meaning of this is unclear$ The !ontractor could hardly amend the room si-es and had nothing at all to do with the supply of the furniture$ 8evertheless, item 5$2= would seem to imply some obligation on the !ontractor to reconcile the dimensions of the furniture against those of the room$ This is surely how the anomalies became apparent$ 63ee !ontractor"s fa4 to The Design Buro dated 5Fth December 5??G7$ Therefore, any further instructions necessary to facilitate the integration of the furniture within the room, that alter previous instructions, must constitute a ,!hange in the 9mployer"s +e%uirements$ *ence, drawing DB324/2>5 revision D was issued to the !ontractor on G th Eanuary 5???, closely followed by revision 9 on 55th Eanuary 5??? and the 9mployer"s )gent"s letter dated 2=th Eanuary directed the !ontractor to instruct the 9mployer"s furniture supplier to alter the goods he had manufactured$ The additional wor involved was confirmed by the !ontractor on !;/ 8o$ 3> on 5st (ebruary 5???$ <ith regard to the central turret rooms, it should be noted that they were assigned as :eeting +ooms in the 9mployer"s +e%uirements$ The Design Buro drawings changed them into :eeting/Bedrooms$ The layout of these rooms proved difficult to achieve because the 9mployer had left it to his furniture supplier to produce a detailed design for foldaway beds$ The 9mployer"s )gent had also insisted that the !ontractor should co.ordinate with the supplier with regard to the electrical arrangements and any non.standard situations in these rooms$ 63ee 9mployer" )gent"s letter dated 55th Eanuary 5???7$ :oreover, the 9mployer gave direct instructions modifying the layouts as confirmed on !;/"s nos$ 35, 32 and 34$ %ummaries of Changes in the Employers Requirements.

These are set out in the following sub.sections and divided into the below.listed groupingsA 5$ 9mployer"s correspondence 2$ 9mployer"s )gents instructions (urther sub.divided intoA 5$ 9mployer"s )gent"s !onfirmations of /nstruction 2$ 9mployer"s )gents correspondence 3$ Drawings and instructions issued by The Design Buro 4$ !ontractor"s confirmations of instruction (urther sub.divided intoA 5$ !ontractor"s !onfirmations of /nstruction 2$ !ontractor"s correspondence =$ ,!hanges" not otherwise confirmed (urther sub.divided intoA 5$ 3taircases 2$ Drainage 3$ &ower 'round (loor 4$ 'round (loor 1Bac of *ouse2 =$ 'round (loor 1(it ;ut )rea2 F$ 'round (loor 1;ther #ublic )reas2 @$ 0pper 'round (loor

G$ 0pper (loors F$ ;ther ,!hanges" This section pic s up sundry variations not otherwise addressed and also acts as a receptacle for the collection of complete ,!hanges" where items concerning the subject matter have been included in more than one of the preceding summaries$ <here this occurs, the items in the preceding summaries ma e reference to being dealt with under the ,3ummary of other !hanges"$ The summaries have been further sub.divided where applicable, numbered and listed in an appropriate way$ <here no applied numeric se%uence e4ists for individual items, one has been added to produce an overall numbering system covering all ,!hanges" for ease of reference$ ) simple tic chart has also been provided to correspond with and identify the items that had effect in terms of cost and/or time$ 3ome items have been duplicated in terms of a particular instruction$ (or e4ample an instruction confirmed on a !;/ may have been later covered by an 9)!/$ /n such instances reference is made to the applicable item under which the matter is dealt with$ The tic list then applies to the appropriate item and ignores the other$ /n the case of items collected under the ,3ummary of !hanges", the tic list ignores the corresponding item in the preceding summary in respect of cost, but indicates time effect$

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&. %ummary of Employers correspon ence

&. Employers fax ate 'n (pril &))*. /nstruction to redecorate the sample Double +oom$ 63ee also !;/ no$ F7$ '. Employers faxes ate '+th (pril &))* an &3th ,ay &))*.

The initial re%uirement for an office//T room on the 'round (loor had been replaced with a specialist /T +oom on the &ower 'round (loor$ )lthough no details were given in the 9mployer"s +e%uirements with regard to the electrical, etc$ services to the original office//T room, the !ontractor had made some allowance for electrical soc ets outlets for power, telephone and other data e%uipment$ The location of the /T +oom was confirmed under 9)!/ 8o$ F$ ) document containing details of the configuration, including the re%uirement for dado level electrical trun ing, was issued to the !ontractor on 22nd )pril 5??G and the cable runs and soc et power points were indicated on a s etch enclosed with the 9mployer"s fa4 dated 24th )pril 5??G$ This was duly confirmed under 9)!/ 8o$ 5?$ The 9mployer subse%uently modified the cable re%uirements in a fa4 dated 53th :ay 5??G$ /n essence, the !ontractor was re%uired to provide trun ing 1with two compartments2 which ran along three walls and contained the necessary power soc ets and outlets for other cables$ The provision of this trun ing with an additional vertical length to and including a high level distribution bo4 is clearly a ,!hange" from that allowed in the !ontract 3um$ +efer to ,3ummary of other !hanges" for complete item for valuation purposes$

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3. Employers fax ate '*th ,ay &))*. 9nclosed s etch with ,suggested" power point locations to the )dministration ;ffice, 'eneral :anager"s office and Director"s ;ffice$ This must be ta en as an instruction to provide specific power points within these redesigned areas$ These were incorporated onto a drawing endorsed 3H5@ sheets 5 and 2 63ee !;/ no$ 5>7$ 8oteA 3ee #articular #erformance 3pecification item 2$5F$=$ 8o /nterior Designer"s specification contained in 9mployer"s +e%uirements$ 3ome provision allowed in the !ontract 3um, but less than the 9mployer"s revised re%uirements$

+. Employers fax ate &-th .une &))*. 9nclosed s etch with ,suggested" computer data point locations to the )dministration ;ffice, 'eneral :anager"s office and Director"s ;ffice$ This must be ta en as an instruction to provide specific power points within these redesigned areas$ /ncorporated onto drawing endorsed 3H5@ sheets 5 and 2 63ee !;/ no$ 5>7$ 8oteA )djust relative to item 2$2F of #articular #erformance 3pecification$

/. Employers fax ate &0th .une &))*. 3pecifies locations of fire alarms and the control panel$ +egarded as amplification of the 9mployer"s +e%uirements$ 8ot considered to involve adjustment to the !ontract 3um$

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'. %ummary of Employers (gents instructions.

&. Employers (gents Confirmations of 1nstruction.

&. E(C1 No. & ate ''n (ugust &))2. /nstruction for water connections$

'. E(C1 No. ' ate '3r %eptem"er &))2. /nstruction for gas supply$

3. E(C1 No. 3 ate &*th No$em"er &))2 &. : Re Dra!ing &-&0*#/--- re$ision D. /nstruction only confirms acceptance of the building footprint that the !ontractor had negotiated with the &ondon Borough of *ac ney$ /t may be ta en as an appropriate heading under which to value the redesigning, including preparing schemes and options, to achieve a wor able solution to overcome the inability of the 9mployer to provide the !ontractor with the site to which he was entitled$ *owever, it cannot necessarily be construed as an instruction to carry out the conse%uential redesigning of the internal layouts$

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-3. E(C1 No. 3 ate &*th No$em"er &))2 3cont 4 '. Re: ,inimum corri or !i ths an a o rails.

)s a conse%uence of the above.indicated solution, corridor widths to bedroom areas needed to be ept to a practical minimum of 53=> mm$ There was some suggestion in correspondence from the 9mployer"s )gent that such was contrary to *oliday /nn <orldwide re%uirements and such would be permitted provided the !ontractor installed dado rails at his own cost$ (or the avoidance of doubt, the proposed minimum corridor width was not in conflict width the *oliday /nn 94press manual or any other specification within the 9mployer"s +e%uirements and the !ontractor is entitled to be paid for the dado rails he has installed$ -+. E(C1 No. + ate &*th No$em"er &))2. This instruction confirms the wor associated with the relocation of the &inen )rea and &inen !hute to the &ower 'round (loor and the re.arranged layout of the !lean &inen area on the 'round (loor, all as ultimately shown on drawing =>>5 revision H$ !hanges to services installations, corridor protection along the ramped access, e4tended chute and additional hopper should be valued under this instruction, together with the provision of a drain point within the &inen )rea$ 8oteA )dditional services dealt with under 9mployer"s )gent"s fa4 dated 24th (ebruary 5??G and !ontractor"s fa4 dated 53th ;ctober 5??G$ -/. E(C1 No. / ate '*th No$em"er &))2. /nstructions with regard to the *D electricity supply$

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0. E(C1 No. 0 ate &0th .anuary &))*. This instruction confirms the situation with regard to the layout of rooms as shown on drawing =>>5 revision &$ &. Re: 5or6shop The wor associated with creation of a <or shop on the &ower 'round (loor$

The abortive design in connection with the creation of a +epairs/3tores area as per drawing DB324/2g, the provision of a <or shop in lieu of a +epairs/3tores area as per drawing =>>5 revision B and the relocating of the <or shop as drawings =>>5 revisions D and ( to be valued as part of the overall redesign costs$ 63ee ,3ummary of other !hanges"7

'. Re: %taff Common Room The wor associated with the relocation of the 3taff !ommon +oom on the &ower 'round (loor$

The abortive design in connection with the omission of this room as per drawing DB324/2g and its reintroduction on drawing =>>5 revision B should also be valued as part of the redesign costs$ 3. Re: 17 Room The building wor associated with the creation of a specialist /T +oom at &ower 'round (loor level$

+. Re: %taff 7oilets8Changing Rooms The wor associated with the relocation on the &ower 'round (loor$ The introduction of showers should also be valued under this instruction$

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-0. E(C1 No. 0 ate &0th .anuary &))* 3cont 4 /. Re: 1nternal :asement4. Corri or 3Groun 9loor to

The wor associated with the introduction of an internal corridor to provide access to the &ower 'round (loor rooms and to accommodate difference in levels between 'round (loor and &ower 'round (loor$ 0. Re: ( %treet4. itional Corri or 3:asement to :oot

The wor associated with the creation of a ramped corridor around the Boiler +oom$ 2. E(C1 No. 2 ate &)th .anuary &))*. The wor associated with the creation of the :anger"s Bedroom as shown on drawing =>>5 revision 8$ *. E(C1 No. * ate 'n (pril &))*. !onfirmation of addendum to the party wall award, as had been agreed by the party wall surveyors on 5?th :arch 5??G$ 8ote that the instruction e4cludes paragraphs 3, 4 and G irrespective that the !ontractor had carried out such$ 63ee ,3ummary of other !hanges"7$ ). E(C1 No. ) ate 3-th (pril &))*. )djustment to instruction 9)!/ 8o$ =$

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&-. E(C1 No. &- ate 3-th (pril &))*. 5$ <or associated with the provision of wireways for 2 no$ internal !!TD dome type cameras$

2$ !hange from door bars to security chains to guest bedrooms$ 3$ 5> no$ additional !/3) loc s$ 4$ !onfirmation of budget cost for :anager"s Bedroom /t should be noted that the 9mployer"s )gent"s letter dated 2>th :ay 5??G amends the value of this item$ 69)!/ 8o$ @ deals with this item7$ &&. E(C1 No. && ate 3-th (pril &))*. <or in connection with site signboard$ &'. E(C1 No. &' ate '-th ,ay &))*. )djustment to 9)!/ 8o$ ?$ )ttention is drawn to the 9mployer"s )gent"s covering letter dated 2>th :ay 5??G which the !ontractor disputes$ 63ee ,3ummary of other !hanges"7$

&3. E(C1 No. &3 ate '-th ,ay &))*. #ainting in lieu of wallpaper to three walls in each guest room$

&+. E(C1 No. &+ ate '*th ,ay &))*. )djustment to electrical loading to Hitchen$

,
-'. %ummary of Employers (gents instructions -&. Employers (gents Confirmations of 1nstruction !ost 9ffect Time 9ffect

&/. E(C1 No. &/ ate ''n ,ay &))*. !onfirmation of acceptance of Timtec %uotation for the specialist joinery wor s to the ,(it ;ut" area$ 8oteA #rovisional 3um for finishes and joinery to the ,(it ;ut" area$ &0. E(C1 No. &0 ate '*th ,ay &))*. <or associated with the provision of a wall mounted air conditioning unit to the /T room, with condensing drainage$ &2. E(C1 No. &2 ate 'n .une &))*. !onfirmation of Hitchen layout$ 8oteA !onflict in contract documents$ !ontract 3um )nalysis shows #rovisional 3um for itchen e%uipment$ !onversely, item 5$2F of the #articular #erformance 3pecification states that a specialist company would be engaged by the 9mployer to supply and install such e%uipment$ )ccording to item 2$3 of the 'eneral +e%uirements and #reliminaries, wor underta en directly by the 9mployer during the currency of the contract is listed in 3chedule 2 thereof$ Cet, itchen e%uipment is not one of the items so listed$ /t should be noted that the 9mployer did directly engage a firm to supply and install the itchen e%uipment$ 3ee also ,3ummary of other !hanges"$

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&*. E(C1 No. &* ate 'n .une &))*. 5$ !onfirmation that the finishes to the ,(it ;ut" area

were to be in accordance with Darby )ssociates drawings 8os$ 32@.D.F>.>2, >3, >4, >F and >@ and 32@.&.>2.>5, >2 and >3$ 68oteA These drawings were subject to later revision$ 3ee ,3ummary of !hanges not otherwise confirmed" and ,3ummary of other !hanges"7$ 2$ !onfirmation of services installations 1to specialist"s e%uipment in the ,(it ;ut" area2 as per the preliminary services re%uirements schedule issued with the aforementioned drawings$ 6&ater revised see !;/ 8o$ ?7$ +efer to ,3ummary of other !hanges" for complete item for valuation purposes$

&). E(C1 No. &) ate 'n .une &))*. 5$ !onfirmation of the layout of the /T room$ 3ee also 9mployer"s fa4es dated 24th )pril and 53th :ay 5???$ +efer to ,3ummary of other !hanges" for complete item for valuation purposes$ 2$ #rovision of wor bench to /T room$ '-. E(C1 No. '- ate 'n .une &))*. #rovision of 3 no$ !/3) encoders for operation of the door ey system$ '&. E(C1 No. '& ate 'n .une &))*. #rovision of cable trays to accommodate TD aerial routes$

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''. E(C1 No. '' ate &2th .une &))*.

#rovision of cable trays to accommodate telephone system routes$ '3. E(C1 No. '3 ate '/th .une &))*. 5$ <or associated with the provision of storage cupboards to the west wing of the upper floors, including lighting thereto$ 2$ <or associated with the provision of storage cupboards to the central turret rooms, including provision for lighting$ '+. E(C1 No. '+ ate '/th .une &))*. #ainting and basic power and lighting to storage bays on the &ower 'round (loor$ '/. E(C1 No. '/ ate &+th .uly &))*. #rovision for increased e4tract ventilation to the Hitchen comprising transfer grille, connection to e4tract hood and increased e4tract fan si-e$

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'0. E(C1 No. '0 ate +th %eptem"er &))*. /nstruction only confirms that the !ontractor may proceed

withA 5$ 3uspended !eiling to the 'reat +oom 2$ +olling 'rille to Bar 3$ !urved suspended ceiling to TD !onsole$ +efer to ,3ummary of other !hanges" for complete item for valuation purposes$ '2. E(C1 No. '2 ate '-th ;cto"er &))*. 5$ /nstruction to provide power supply to Hitchen water softener$

2$ (i4ing of metal tissue bo4es in the pods$ 3$ (it coat hanger rings in bedroom wardrobes$ '*. E(C1 No. '* ate &*th No$em"er &))*. !onfirmation of further addendum to party wall award dated 22nd ;ctober 5??G$

-'. %ummary of Employers (gents instructions

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'. Employers (gents correspon ence &. Employers (gents letter ate '2th (ugust &))2. 9nclosed the initial party wall award$ 3hould have comprised a formal instruction to comply therewith$

'. Employers (gents fax ate '+th 9e"ruary &))*. *ot and cold water supply, sin and drainage point to &inen +oom$ 3. Employers (gents fax ate '3r (pril &))*. TD aerial soc ets to +esident :anager"s +oom, the <or shop and the 3taff !ommon +oom$ 8ote also e4tra wireways re%uired, +. Employers (gents fax ate '/th .une &))*. #rovision of basic light and power to the undefined 1unused2 bays on the &ower 'round (loor$ Duplication of 9)!/ 8o$ 24$ /. Employers (gents fax ate '+th .uly &))*. #rovision of )ntisun grey tinted gla-ing to turrets$ 0. Employers (gents letter ate '/th .anuary &))). )lteration of beds to east turret rooms$ 3ee ,'eneral e4planation of !hanges to layout of 'uest +ooms"$ 8ote also the Design Buro fa4es dated Gth and 55th Eanuary 5???$ Dealt with under !;/ no$ 3>$

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3. %ummary of ra!ings an instructions issue "y

7he Design :uro.

General Notes: The Design Buro acted on behalf of the 9mployer with regard to all design matters$ They prepared the initial or concept designs for the project$ /t is their drawings that are incorporated into the contract i$e$ with prefi4 ,DB"$ They also undertoo the 9mployer"s obligations with regard to the procedure for e4amining the !ontractor"s construction drawings as set out in item 4$5 of the #articular #erformance 3pecification$ /t is evident that the 9mployer re%uired the !ontractor to comply with instructions, directions and drawings issued by The Design Buro$ )s stated hitherto, drawing DB324/2g fundamentally changed the layout of the 'round (loor and introduced rooms onto the &ower 'round (loor$ This drawing was not issued in any formal way and it is %uite possible that it was intended as a basis for introducing re%uired ,!hanges" upon which the !ontractor was e4pected to produce proposals in the form of construction drawings$ 8evertheless, its issue to the !ontractor, the incorporation of its contents in the !ontractor"s drawings and the subse%uent acceptance thereof re%uire it to be treated as a ,!hange" instruction$

-3. %ummary of ra!ings an instructions issue "y 7he Design :uro

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&. 7he Design :uro ra!ing D:3'+8'g

The !ontractor received this drawing on 53th Eune 5??@$ /t should be noted that the building footprint indicated thereon is identical to that shown on drawing DB324/2e and, therefore, disregards the previously accepted e4tended footprint re%uired by the !ontractor"s #roposals$ The east wing on the drawing shows the &ower 'round (loor level, whereas on DB324/2e the 0pper 'round (loor is indicated$ )lso, 3taff Toilets and a +epairs/3tores area are introduced on the &ower 'round (loor$ The blue, grey and red coloured internal areas are believed to indicate those for which finishes would be instructed under the #rovisional 3um$ The remaining ,Bac of *ouse" and public areas shown vary the corresponding locations on drawing DB324/2e and were later subject to significant further modifications$ )lthough this drawing completely revised drawing DB324/2e it, in turn, has been totally altered by subse%uent instructions$ 8oteA 3ubse%uent instructions and items relating to the final layouts are therefore deemed to be those recording ,!hanges in the 9mployer"s +e%uirements"$

-3. %ummary of ra!ings an instructions issue "y 7he Design :uro

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'. Reference: 7he Design :uro fax &))2.

ate

&) th %eptem"er

5$ DB324/2>5A 8on.standard double bedroom arrangement for ,3pecial +ooms" to turrets to east end of the building$ There had always been a re%uirement for ,3pecial +ooms", but no furniture or electrical co.ordination

layouts had been included in the 9mployer"s +e%uirements$ *owever, this drawing reflects what reasonably could have been e4pected and no adjustment to the !ontract 3um is proposed$ 2$ DB324/2>2A 68oteA 2>2 received, but 2>2/) indicated on fa47$ Double bedroom arrangement for the central turrets$ This introduced a change in concept from that envisaged in the 9mployer"s +e%uirements in which they had been allocated as :eeting +ooms$ 3uch was irrespective of item 2$2G of the #articular #erformance 3pecification, in which the !ontractor had to ma e provision for future conversion into bedrooms, or drawing DB324/2e which indicated bathrooms thereto$ The drawing refers to this room type as ,:eeting/Bedrooms"$ )s with drawing 2>5, no furniture or electrical co.ordination layouts had been given in the 9mployer"s +e%uirements$ *owever, in this instance, any fi4ed bedroom furniture or electrical connections for and wiring to such would clearly involve an addition to the !ontract 3um$ 3. Reference 7he Design :uro fax ate '3r (pril &))*. DB324/2>3A Double bedroom arrangement for ,3pecial +ooms" to turrets at west end of the building$ !omments as those in respect of drawing 2>5 above$

-3. %ummary of ra!ings an instructions issue "y 7he Design :uro

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+. Reference: 7he Design :uro fax ate &&th ,ay &))*. Drawing 8o$ DB324/3e showed twenty sets of interconnecting doors$ The corresponding locations were reflected on the !ontractor"s construction drawings$ These positions were revised by means of the above.indicated fa4$ The principle of changing location of interconnecting doors is

not considered to involve amendment to the !ontract 3um in terms of wor content$ /. Reference 7he Design :uro fax ate '0th ,ay &))*. 5$ DB324/2>=/)A &ayout for double and twin bedrooms with full height bay windows$ There was always a re%uirement for bedrooms with bay windows, but no layout had been included within the 9mployer"s +e%uirements$ *owever, this drawing reflects what reasonably could have been e4pected and no adjustment to the !ontract 3um is proposed$ 2$ DB324/2>2/9A +evised layout for the central turret :eeting/Bedrooms$ /t provides for a furniture store within the room, replaces a luggage rac and double hanging rail with a wardrobe and replaces a combined des /TD console with separate corresponding units$ This drawing varies drawing 2>2 and involves further amendment to the !ontract 3um$ 68oteA (urniture stores dealt with under 9)!/ 8o$ 237$

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0. Reference 7he Design :uro fax ate 3r .une &))*. 5$ DB324/2>5/BA )mends the layout of the east turret bedrooms by the addition of 2 no$ bedside lights 1re%uiring electrical connections2$ This is deemed to be a variation to drawing 2>5 involving additions to the !ontract 3um$ )lso, this drawing specifies the positions of the heating unit 1radiator2 and vent$ These are not considered to amend the !ontract 3um$

2$ DB324/2>2/'A (urther modified layout of the central turret :eeting/Bedrooms that introduced identical e4tra items as per drawing 2>5/B above with corresponding effect on the !ontract 3um$ 3$ DB324/2>3/)A (urther modified layout of the west turret bedrooms that introduces identical e4tra items as per drawing 2>5/B above with corresponding effect on the !ontract 3um$ 4$ DB324/2>4/)A &ayout for disabled bedrooms$ This replaces corresponding arrangement given in the *oliday /nn 94press Technical :anual/#rototype$ )lthough furniture positions are rearranged, such does not reflect a re%uirement for amendment to the !ontract 3um$ =$ DB324/2>=/!A (urther modified layout for double and twin bedrooms with full height bay windows that introduces identical e4tra items as per drawing 2>5/B above with corresponding effect on the !ontract 3um$ F$ DB324/2>F and 2>@A &ayouts for double and twin bedrooms relative to central and offset window positions These replace corresponding arrangements given in the *oliday /nn 94press Technical :anual/#rototype and, although furniture positions are rearranged, such do not re%uire amendment to the !ontract 3um$
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2. Reference 7he Design :uro fax &))*.

ate

3& st %eptem"er

:odifications to non.pod shower roomsA The 9mployer"s +e%uirements state that pod bathrooms should include ,!orian" vanity units to corner wash basins$ /t should be noted that the !ontractor"s #roposals contained a s etch of the east end of the building depicting a modified layout to incorporate the fire fighting staircase and smo e lobbies$ This also indicated that the bathrooms to the adjacent turret rooms would be traditionally constructed and the arrangement thereof showed standard shape basins, as opposed to corner type$ /t was evidently considered that a

vanity unit was not necessary given a larger standard basin$ )s stated previously in this submission, pods could not be accommodated in the upper floor central turret meeting rooms and the !ontractor"s construction drawings showed traditional bathrooms in lieu, with a similar arrangement as that proposed for the east turrets$ )ccordingly, vanity units had li ewise been omitted$ /n this respect, the !ontractor had clearly allowed for corner vanity units within the !ontract 3um and, if the 9mployer re%uired standard ones, they could have been incorporated without any problem$ The Design Buro drawing DB324/2>5, including revision B and drawings DB324/2>2 including revisions 9 and ' corresponded with bathroom arrangements shown on the !ontractor"s drawings, albeit that 2>29 reversed the positions of the wash basin and w$c$ The Design Buro fa4 dated 35st 3eptember 5??G modified the bathroom layouts to the east and central guest rooms by re%uiring compliance with *oliday /nn <orldwide fa4ed options ) and B$ The re%uirements thereof reintroduced ,!orian" units and other adaptions$ 63ee also !;/ no$ 2F7$

-3. %ummary of ra!ings an instructions issue "y 7he Design :uro

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*. Reference 7he Design :uro faxes .anuary &))).

ate

*th an

&&th

Drawings DB324/2>5/D and 9A (urther amendment to the layout of the east turret bedrooms$ 3ee ,'eneral e4planation of !hanges to layout to 'uest +ooms$ 8ote also 9mployer"s )gent"s letter dated 2=th Eanuary 5???$ Dealt with under !;/ no$ 3>$

!ost 9ffect

Time 9ffect

4$ %ummary of instruction.

Contractors

confirmations

of

&. Contractors Confirmation of 1nstruction sheets. &. C;1 No. ' ate 2th No$em"er &))2. 5$ 3teps to /nternal !orridor 1'round (loor to &ower 'round (loor2$ 8oteA 0rgently needed information$ Dealt with under 9)!/ 8o$F dated 5Fth Eanuary 5??G$ 2$ #rovision of wall mounted handrails to both sides of last$ 6These were subse%uently omitted7$ '. C;1 No. 3 ate 'n Decem"er &))2. !hange to veneer specifications to bathroom pod doors and bedroom doors$ 3. C;1 No. + ate 'n Decem"er &))2. &3( twin and earth cabling to bathroom pods in lieu of conduit$ #ods to be rewireable$

-+. %ummary of Contractors confirmations of instruction -&. Contractors Confirmation of 1nstruction sheets

!ost 9ffect

Time 9ffect

+. C;1 No. / ate ')th No$em"er &))2. <or as set out in the e4change of letters between the party wall surveyors over the !hristmas 5??@ period$ This e4change of letters acts as an addendum to the party wall award and is additional to the wor otherwise confirmed in 9)!/"s$ /t is also additional to that set out in item >3 on the ,3ummary of other !hanges"$ /. C;1 No. 0 ate &)th .une &))*. +edecoration to sample Double +oom as described$ 6Dealt with under 9mployer"s fa4 dated 2nd )pril 5??G B 3ee ,3ummary of 9mployer"s correspondence"7$ 0. C;1 No. 2 ate &)th .une &))*. Data points to the 'eneral )dministration )rea etc$ 6Dealt with under 9mployer"s fa4 dated 5> th Eune 5??G B 3ee ,3ummary of 9mployer"s correspondence"7$ 2. C;1 No. * ate '/th .une &))*. 5$ !onfirmation that above ceiling crawlways/access platforms not re%uired$ 6:erely clarification B never a contract re%uirement7$ 2$ !onfirmation with regard to 'reat +oom ceiling i$e$ lay.in grid and tiles in lieu of plaster$ 3ee ,3ummary of other !hanges" for full item for valuation purposes$ 3$ <arm air curtain above each set of main entrance doors$ 68ote power supply only installed7$ 4$ 3and blasted bloc s to full curvature of panel between grid lines 5F and 5? on ;ld 3treet and Boot 3treet elevations$

-+. %ummary of Contractors confirmations of instruction -&. Contractors Confirmation of 1nstruction sheets

!ost 9ffect

Time 9ffect

*. C;1 No. ) ate '0th .une &))*. 5$ +evised e%uipment schedule for services$ 6)mends 9)!/ no$5G7$ 3ee ,3ummary of other !hanges" for complete item for valuation purposes$ $ 2$ !onfirmation of Darby )ssociate"s design for the cashier"s front office des arrangement$ +efer to item >5$>=$>5 of ,3ummary of other !hanges"$ 3$ !onfirmation of instruction to place a sub.contract with !ontinental 3hutters &td$ for the roller shutter to the bar$ Dealt with under ,3ummary of other !hanges"$ ). C;1 No. &- ate 3-th .une &))*. !onfirmation of revised 9mployer"s +e%uirements with regard to 'round (loor electrical and water supplies$ 63ee !ontractor"s letter dated 3>th Eune 5??G and drawings endorsed 3H5@ sheets 5 and 27$ 8oteA services to ,(it ;ut" area revised further 63ee !;/ no$ 5@7$ +efer to "3ummary of other !hanges" or full item for valuation purposes$ &-. C;1 No. && ate &-th .uly &))*. 5$ !onfirmation of approved <!$ partitions and colour choices$ 2$ 9mployer"s re%uired ,Bac arrangements$ of *ouse" loc suite

&&. C;1 No. &' ate ''n .uly &))*. !urtain battens to be as sample room$

-+. %ummary of Contractors confirmations of instruction

!ost

Time

-&. Contractors Confirmation of 1nstruction sheets

9ffect

9ffect

&'. C;1 No. &3 ate ''n .uly &))*. &evel of dado rail$ &3. C;1 No. &+ ate '+th .uly &))*. !onfirmation of type of wor top$ &+. C;1 No. &/ ate ')th .uly &))*. 5$ )pproval of sand blasted glass bloc s$ 2$ +edecoration to sample twin room$ &/. C;1 No. &0 ate ')th .uly &))*. )ntisun glass to corner and central turrets$ 6+ecorded on 9mployer"s )gent"s fa4 dated 24th Euly 5??G B 3ee section hereof relating to 9mployer"s )gent"s /nstructions7$

-+. %ummary of Contractors confirmations of instruction -&. Contractors Confirmation of 1nstruction sheets

!ost 9ffect

Time 9ffect

&0. C;1 No. &2 ate &+th (ugust &))*. 1refA ,(it ;ut" )rea$ Eoinery, ceiling and services dealt with under ,3ummary of ;ther !hanges"2$ 5$ +e%uest for %uotation for veneered :D( ceiling to +eception area$ 2$ /nstruction to locate light fittings as Darby )ssociates revised reflected ceiling plan$ 3$ 94posed grid tile ceiling in lieu of plasterboard to main entrance lobbies$ 4$ !onstruct nib at rear of itchen service island$ =$ #rovide plywood bul heads over windows$ F$ ;mit 3 no$ down lights from under wall cupboard to TD console and add 3 no$ down lights in :D( ceiling above TD !onsole$ @$ 3witch panel by door D'2G as shown on Timtec drawing no$ 4>5>F.5$ G$ /nstruction re%uiring all Timtec drawings to be sent direct to Darby )ssociates for comment/approval$ ?$ #ositions of services had been confirmed and mar ed on drawings for construction$ To be subse%uently recorded on the !ontractor"s services construction drawings$ 8ote amends drawing endorsed 3H5@ sheets 5 and 2 63ee !;/ 8o$ 5>7$
!ost 9ffect Time 9ffect

5>$ /nformation re%uired with regard to light dimming$ 55$ 3mo e detector to be relocated by reception des $ 52$ !onfirmation of locations and levels of water services$
-+. %ummary of Contractors confirmations of instruction -&. Contractors Confirmation of 1nstruction sheets

&2. C;1 No. &* ate &+th (ugust &))*.

3upply and fi4 noggins to partitions as shown on Timtec drawings$ &*. C;1 No. &) ate &)th (ugust &))*. 5$ &uminaires to the ,(it ;ut" area to be procured as per Darby )ssociates" schedule$

2$ Dimming facility to be on &D$ D!$ &uninaires only$ 3$ 3witching/dimming controls to be located in the )dministration ;ffice$ These items dealt with in ,3ummary of other !hanges"$ &). C;1 No. '- ate &)th (ugust &))*. )dditional cable tray to /T +oom$ '-. C;1 No. '& ate 2th %eptem"er &))*. 5$ ;mit 2> amp power supplies to /T +oom and replace with 53 amp$ 6#rovision of 2> amp supply had not been done7$ 2$ #rovide twin soc et outlets in the Bar 3tore$ 3$ #rovide 5=mm cold water supply to the Bar 3tore$

-+. %ummary of Contractors confirmations of instruction -&. Contractors Confirmation of 1nstruction sheets

!ost 9ffect

Time 9ffect

'&. C;1 No. '' ate )th %eptem"er &))*. 5$ !onfirmation of re%uired colour and specification of rendered panels to ;ld 3treet and Boot 3treet elevations$ 2$ +e%uired decoration to dummy beam below last$ 3$ )pproval of proposed paneling to main entrance screens ''. C;1 No. '3 ate 3-th %eptem"er &))*. )dditional wor to 3taff +oom as shown on s etch$ 8oteA <alls had been plastered prior to instruction$ 5$ Bul head$ 2$ Hitchen units$ 3$ #ower supplies, including switches$ 4$ #ipe bo4ing$ =$ <all tiling$ 8ote 'leeds letter dated @th ;ctober 5??G which rescinds this instruction and was later withdrawn$

-+. %ummary of Contractors confirmations of instruction -&. Contractors Confirmation of 1nstruction sheets

!ost 9ffect

Time 9ffect

'3. C;1 No. '+ ate 3-th %eptem"er &))*. 5$ :etal tissue bo4es for pods$ 6Dealt with under 9)!/ 8o$ 2@7$

2$ !hange 3apele hardwood door thresholds to <hite ;a $ 8oteA (loors 5 and 2 plus =>I of (loor 3 had been installed in 3apele prior to instruction$ 3$ !oat hangers to bedroom furniture$ 6Dealt with under 9)!/ 8o$ 2@7$ 4$ !onfirmation of 3 no$ doors being hung on opposite side to that shown on construction drawings$ '+. C;1 No. '/ ate 3-th %eptem"er &))*. !onfirmation that the !ontractor had commenced the demolition and rebuilding of the chimney stac to the party wall on the understanding that the applicable addendum was in place$ '/. C;1 No. '0 ate 'n ;cto"er &))*. :odifications to non.pod shower roomsA Dealt with under The Design Buro"s fa4 dated 35st 3eptember 5??G$ '0. C;1 No. '2 ate &/th ;cto"er &))*. 5$ )dditional floor tiling on 'round (loor as per Darby )ssociates" fa4 dated ?th ;ctober 5??G$ 2$ 3upply and fi4 sin s and taps to the Bar area as per Darby )ssociates" fa4 dated 54th ;ctober 5??G$

-+. %ummary of Contractors confirmations of instruction -&. Contractors Confirmation of 1nstruction sheets

!ost 9ffect

Time 9ffect

'2. C;1 No. '* ate &3th No$em"er &))*. )daptions to joinery in the ,(it ;ut" area as per Darby )ssociates" fa4 dated =th 8ovember 5??G$ Dealt with

under ,3chedule of other !hanges$ '*. C;1 No. ') ate &0th .anuary &))). )daptions due to incorrect length of des unit to bow windowed rooms$ 1Des units were 9mployer"s direct supply items2$ /tem re%uired modification to electrics$ '). C;1 No. 3- ate &st 9e"ruary &))). 5$ )daptions to bedheads and nightstands in east turret rooms$ 2$ 3imilarly, adaptions in :anager"s Bedroom in &ower 'round (loor$ 3$ )dapt wardrobes to fit recesses in east turret rooms, including infill strips and notching over s irtings$ 3ee ,'eneral e4planation of !hanges to layout of 'uest +ooms", 9mployer"s )gent"s letter dated 2=th Eanuary 5??? and The Design Buro fa4es dated G th and 55th Eanuary 5???$ 3-. C;1 No. 3& ate &&th 9e"ruary &))). +evisions to layout of central turret rooms, including modifications to furniture and wiring$ 3ee ,'eneral e4planation of !hanges to layout of 'uest +ooms"$

-+. %ummary of Contractors confirmations of instruction -&. Contractors Confirmation of 1nstruction sheets

!ost 9ffect

Time 9ffect

3&. C;1 No. 3' ate '0th 9e"ruary &))). (urther modifications to central turret rooms, including adaptions in connection with lighting and switching arrangements, provision of down lights and fascia and bed

wing units in lieu of mobile nightstands$ 3ee ,'eneral e4planation of !hanges to layout of 'uest +ooms"$ 3'. C;1 No. 33 ate '0th 9e"ruary &))). :odifications to power supply routes and switching arrangements in the vicinity of the free standing des in central and west turret rooms$ 33. C;1 No. 3+ ate '0th 9e"ruary &))). )dditional wor associated with transferring the loading of the folding beds in the central turret rooms$ 3+. C;1 No. 3/ ate 'n ,arch &))). !onfirmation of flooring to /T +oom$ 3/. C;1 No. 30 ate 3&st ,arch &))). 5$ Hey switches to e4ternal doors$ 2$ Door stops to all interconnecting doors$

-+. %ummary of Contractors confirmations of instruction -&. Contractors Confirmation of 1nstruction sheets

!ost 9ffect

Time 9ffect

30. C;1 No. 32 ate &0th (pril &))). :irrors to tiled surfaces in Disabled and 3taff Toilets$ 5$ (i4 hand dryers to :ale, (emale, Disabled and 3taff

Toilets$ 8oteA 3upplied by the 9mployer$ 2$ )dditional spy hole units, at low level, to entrance doors to Disabled Bedrooms$

Note: /tems 3= and 3F above were carried out in areas in the 9mployer"s possession$

-+. %ummary of Contractors confirmations of instruction

!ost 9ffect

Time 9ffect

'. ;ther correspon ence from the Contractor.

&. Contractors fax to the Employer ate +th .une &))*. 5$ <indow to 'eneral :anager"s ;ffice$ 63ee also !ontractor"s fa4 to the 9mployer dated 53th )ugust 5??G7$ 2$ +epositioned Dry 'oods 3tore door$ 3$ )mendment to line of splayed Hitchen wall$ '. Contractors letter ate &-th .uly &))*. :odification to electrical power soc ets to Hitchen$ 63ee also 9)!/ 8o$ 5@7$ Dealt with under ,3ummary of other !hanges"$ 3. Contractors letter ate &+th .uly &))*. 3urface mounted isolator and concealed 3<) cable for dishwasher in itchen$ +. Contractors fax to the Employer ate &3th ;cto"er &))*. 4 no$ three phase electrical supplies to washing machines and dryers in the Dirty &inen room$

!ost 9ffect

Time 9ffect

/. %ummary of Changes not other!ise confirme

%pecial Note: The !ontractor hereby records that the items contained in this 3ummary were underta en in compliance with 9mployer"s instructions given otherwise than in writing$ The 9mployer is therefore re%uested to regulari-e the situation by giving written confirmation of those instructions$ &. %taircases &. Core &< inclu ing fire#fighting staircases< smo6e lo""ies a =acent corri ors on all floors an the store on Groun 9loor. :odification to the construction of the <or s as derived from the comparison between the drawings contained in the e4ecuted contract documents 1particularly the s etch contained in the !ontractor"s #roposals2 and the final ,as built" drawings$ The above modifications arose as a conse%uence of revisions contained on drawing DB324/2g and the amended building footprint as per drawings =>>> rev$ D$ These were reflected on drawing =>>5 revisions B and !$ The Design Buro comments on drawing =>>5 rev$ (, etc$ led to subse%uent modifications shown on drawing =>>5 revisions HJ & # and +$ The additional/abortive design wor to be valued as part of the overall redesign costs$63ee ,3ummary of other !hanges"7$ 8oteA 3tores to west wing on upper floors are dealt with by 9)!/ 8o$ 23$

-/. %ummary of Changes not other!ise confirme -&. %taircases

!ost 9ffect

Time 9ffect

'. Core '< inclu ing staircases on all floors an the >o""y an >uggage %tore at Groun 9loor le$el. :odification to the construction of the <or s, including the provision of a &uggage 3tore, as derived from the comparison between the drawings contained in the 9mployer"s +e%uirements and the final ,as built" drawings$ 8oteA &ighting re%uired to &uggage 3tore 63ee Darby )ssociates" fa4 dated 25st Euly as attached to the 9mployer"s )gent"s fa4 of the same date7$ This is dealt with under ,3ummary of other !hanges"$ The above modifications arose as a conse%uence of flaw in ,going" of stairs on drawing DB324/2e and revisions shown on drawing DB324/2g, as corrected/reflected in drawing =>>5 revision B$ The Design Buro comments on drawing =>>5 rev$ (, etc$ led to subse%uent modifications shown on drawing =>>5 revisions / and H$ The additional/abortive design wor to be valued as part of the overall redesign costs$ 63ee ,3ummary of other !hanges"7$

-/. %ummary of Changes not other!ise confirme -&. %taircases

!ost 9ffect

Time 9ffect

3. Core 3< inclu ing fire fighting staircases an smo6e lo""ies on all floors. :odification to the construction of the <or s as derived from the comparison between the drawings contained in the e4ecuted contract documents 1particularly the s etch contained in the !ontractor"s #roposals2 and the final ,as built" drawings$ The above modifications arose as a conse%uence of revisions contained on drawing DB324/2g and the amended building footprint as per drawings =>>> rev$ D$ These were reflected on drawing =>>5 revisions B and further amended by revisions !, *, 8, #, K and + thereto$ The additional/abortive design wor to be valued as part of the overall redesign costs$ 63ee ,3ummary of other !hanges"7$ +. %tair +< inclu ing Groun 9loor Corri or. 5$ :odification involving repositioning of the staircase, including the omission of one pair of doors, as derived from the comparison of drawing =>>5 rev$ B with drawings DB324/2e and DB324/3e$ 2$ )dditional modification with regard to the second pair of doors, as derived from comparison between drawing DB3242e and drawing =>>5 rev$ +$ 3$ :odification re%uiring suspended ceiling and lighting as shown on drawing &.>2.>29 in lieu of compliance with the #articular #erformance 3pecification$

-/. %ummary of Changes not other!ise confirme

!ost

Time

9ffect

9ffect

'. Drainage

:odification to the construction of the <or s as derived from the comparison between drawing 3H? 1as incorporated in the !ontractor"s #roposals2 and drawing D5 revision ($ The additional/abortive design wor associated with the production of drawing D5 and revisions ) to ( thereto made necessary by modifications to the internal layouts of the building to be valued as part of the overall redesign costs$ 63ee ,3ummary of other !hanges"7$

-/. %ummary of Changes not other!ise confirme

!ost 9ffect

Time 9ffect

3. >o!er Groun 9loor

*D electrical supply to the building$ 8oteA "'eneral e4planation of !hanges associated with the introduction of the sub.station"$ The following items are listed thereinA 5$ )ccess for cables, including pipe ducts and floor ducts with covers$ 2$ The provision of a 4 hour fire rated enclosure for the transformer, switchgear, etc, including secondary escape door painted as specified$$ 3$ 3trengthening of the floor of the Transformer +oom to accommodate the weight of the electrical plant and e%uipment 1)ppro4imately 4 tonnes2$ 4$ ) pair of e4ternal steel doors with specified loc ing system, including steel frame all painted as specified plus a concrete threshold$ =$ #rovision of steel louvred ventilators, painted as specified$ F$ )ttendance on the electricity supplier$ @$ )bortive design wor associated with lowered floor to transformer room as per drawing =>>5 revision B$ G$ (oundation and structural modifications associated with increasing the storey height of the &ower 'round (loor to 2$4> metres$ ?$ (urther builders wor in connection with pipe and cable routes through the additional rooms subse%uently instructed on the &ower 'round (loor$ 63ee 9)!/"s nos$ 4, F and @7$
Time 9ffect -/. %ummary of Changes not other!ise confirme -3. >o!er Groun 9loor

!ost 9ffect

&. :oiler Room 5$ Dentilation duct to Boiler +oom made necessary

by ,!hange" re%uiring ramped corridor access to Boot 3treet$ 63ee 9)!/ no$ F B ,!orridor &ower 'round (loor to Boot 3treet"7$ 2$ :odifications to Boiler +oom construction in accordance with drawing =>>5 revisions ' and &$ '. Gas ,eter Room 'as :eter +oom in lieu of cupboard$ +ef$ Drawing =>>5 revision$ D$ 3. ,o ifications ma e after the respecti$e issues of E(C1s nos. +< 0 an 2 as follo!s: 5$ ;mission of interloc ing door between &inen )rea and what had been designated as &inen 3tore$ 6ref$ Drawing =>>5 revision &7$ 2$ :odification to :anager"s Bedroom involving provision of riser access door as per drawing =>>5 revision #$ )dditional to 9)!/ no$ @$ 3$ 9nlargement to &inen !hute enclosure as per drawing =>>5 revision K$ )dditional to 9)!/ no$F$ 4$ <or associated with the provision of a central corridor from east to west on the &ower 'round (loor$ This corridor e4cluded from 9)!/ 8o$ F$ 8oteA include for vinyl flooring$

-/. %ummary of Changes not other!ise confirme -3. >o!er Groun 9loor

!ost 9ffect

Time 9ffect

+. ?n er %tair + !reation of storage cupboard under 3tair 4 as shown

on drawing =>>5 revision +$ 8oteA &ighting to be dealt with under ,3ummary of other !hanges"$ /. 17 Room Bul head 1ceiling tiles and grid2 to enclose cable tray in /T +oom$

-/ %ummary of Changes not other!ise confirme

!ost 9ffect

Time 9ffect

+. Groun 9loor 3:ac6 of @ouse4

&. General ( ministration (rea 3replacing 'n 17 Room8;ffice an ;ffice4 :odification as derived by comparison between drawing DB324/2e and drawing =>>5 revision +$ The additional/abortive design wor arising from modifications shown on drawing DB324/2g 1as reflected in drawing =>>5 revision B2 and Design Buro comments on drawing =>>5 revision ( 1as reflected in drawing =>>5 revision /2 to be valued as part of the overall redesign costs$ 63ee ,3ummary of other !hanges"7$ '. General ,anagers ;ffice 3formerly Dry %tore on ra!ing D:3'+8'e an calle Directors ;ffice on ra!ing D:3'+8'g4. :odifications as per drawing =>>5 rev$ + involving increase in area and provision of partition, etc$ 68ote internal windows to partition dealt with under !ontractor"s fa4 to the 9mployer dated 4th Eune 5??G B 3ee sub.section ,;ther correspondence from the !ontractor7$ 3. Directors ;ffice 3formerly part of the Aitchen on ra!ing D:3'+8'e an calle %taff Dining on ra!ings D:3'+8'g an /--& re$ision :4. :odifications as per drawing =>>5 revision + including provision for door through to 'eneral :anager"s ;ffice$

-/ %ummary of Changes not other!ise confirme -+. Groun 9loor 3:ac6 of @ouse4

!ost 9ffect

Time 9ffect

+. :ar %tore. +elocation and arrangement as per drawing DB324/2g

as modified by provision of additional doorway 6ref$ Drawing =>>5 revision +7$ /. Aitchen. :odifications, as introduced on drawing DB324/2g and reflected on drawing =>>5 revision B, including subse%uent reduction in si-e to accommodate increase in area of the 3tore$ 0. Clean %tore !reation of !lean 3tore$ 1located in part of area occupied by the Bar 3tore on drawing DB324/2e2 and reduced in si-e on drawing =>>5 revision &$ 2. ( itional corri ors

!reation of !orridors to Bac of *ouse, as introduced on drawing DB324/2g 1and reflected on drawing =>>5 revision B2 and further modified on drawing =>>5 revision +$

-/ %ummary of Changes not other!ise confirme -+. Groun 9loor 3:ac6 of @ouse4

!ost 9ffect

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*. (

itional %tore

!reation of 3tore, as introduced on drawing DB324/2g 1when referred to as Dry 3tore2 and increased in si-e as shown on drawing =>>5 revision +$ ). 1ncrease in the o$erall floor area of :ac6 of @ouse compare !ith the 9it ;ut area. The Hitchen, )dministration area, etc is longer than that shown on drawing DB324/2e$ *ence, a portion of the floor and ceiling finishes that was initially within the ,(it ;ut" area and therefore would have been valued under the #rovisional 3um, is now within the areas of the !ontractor"s direct wor s and an appropriate adjustment should be made$

-/ %ummary of Changes not other!ise confirme

!ost 9ffect

Time 9ffect

/. Groun 9loor 39it ;ut (rea4 &. :ar an Reception (rea. 9)!/ no$ 5G too account of Darby )ssociates" designs prevailing at issue of drawings D.F>.>29 and D.F>.>3B$ 8o further 9)!/ issued$ Therefore no instruction confirmed in writing with regard to e4penditure against the #rovisional 3um in respect of

modifications arising from Darby )ssociates" drawings, etc$ D.F>.55, D.F>.3 5, D.F>.>5B, D.F>. >2! and D.F>.>3!, all as completed by Timtec drawings, 4>5>F.5), .2) and B3), 4>5>F.5B, 4>5>F. 4 to B5> and 4>5>F.G) to B5>)$ +efer to ,3ummary of other !hanges" for complete item for valuation purposes$ 8ote provision of sin units and taps in Bar 3ervery recorded under !;/ no$ 2@$ 8ote also !;/ nos$ ?, 5@ and 2G$ '. %er$ice 1slan Counter an %creen 9)!/ no$ 5G too account of Darby )ssociates" designs prevailing under drawings D.F>.>4)$ 8o further 9)!/ issued$ Therefore no instruction confirmed in writing with regard to e4penditure against the #rovisional 3um in respect of modifications arising from Darby )ssociates" drawings D.F>.>4B, as completed by Timtec drawings 4>5>F.55) to 5F), 4>5>F.55B to 5FB, 4>5>F.5F! and 4>5>F.5FD$ +efer to ,3ummary of other !hanges" for complete item for valuation purposes$

-/ %ummary of Changes not other!ise confirme -/. Groun 9loor 39it ;ut (rea4

!ost 9ffect

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3. Ben ing (rea 8oteA &ift :otor +oom shown on drawing DB/3242e, but superseded by the !ontractor"s #roposals which made provision for a :onospace lift, freeing the area for other undefined purposes$ 5$ :odifications to the construction wor s as derived from comparison between drawing DB324/2g and drawing =>>5 rev$ /$

2$ 9)!/ no$ 5G did not ta e account of Darby )ssociates" designs relating to the Dending )rea and no further 9)!/ issued$ Therefore no instruction confirmed in writing with regard to e4penditure against the #rovisional 3um in respect of modifications arising from Darby )ssociates" drawing D.F>.>= and D.F>.>=), all as completed by Timtec drawings 4>5>F.25 to 2=, 4>5>F.25) to 2=) and 4>5>F.2=B$ +efer to ,3ummary of other !hanges" for complete item for valuation purposes incorporating this item$ 3$ )dditional enclosure and adaptions adjacent to coffee dispenser$ 3ee !ontractor"s fa4 dated 22 nd ;ctober 5??G for details$ The additional/abortive design wor arising from the omission of store ne4t to Disabled Toilet and replacing with vending unit as per drawing DB324/2gJ the creation of a vending area in accordance with Darby )ssociates" initial draft s etch as reflected by drawing =>>5 revision$ ' and further modification as per later revised Darby )ssociates" s etch 1as reflected by drawing =>>5 revision /2 to be valued as part of the overall redesign costs$ 63ee ,3ummary of other !hanges"7$

-/ %ummary of Changes not other!ise confirme -/. Groun 9loor 39it ;ut (rea4

!ost 9ffect

Time 9ffect

+. 7B Console< %er$ice %tan s an :uffet Counter 5$ 9)!/ no$ 5G too account of Darby )ssociates" designs prevailing under drawings D.F>.>4B$ 8o further 9)!/ issued$ Therefore no instruction confirmed in writing with regard to e4penditure against the #rovisional 3um in respect of modifications arising from completion of the design as set out on Timtec drawings 4>5>F.32) to 3=), 4>5>F.35), 35B, 33!, 34B and 3F$

+efer to ,3ummary of other !hanges" for complete item for valuation purposes incorporating this item$ 8ote also items under !;/ no$ 5@ 2$ )lterations in connection with coffee machines$ 3ee !ontractor"s fa4 dated 53th ;ctober 5??G for details$ /. Drin6s %er$ery 8o reference on 9)!/ no$ 5G to Drin s 3ervery and no further 9)!/ issued$ Therefore no instruction confirmed in writing with regard to e4penditure against the #rovisional 3um in respect of wor s arising from Darby )ssociates drawing D.F>.>3!, as completed by Timtec drawings 4>5>F.5@ to 2> and 4>5>F.5@) to 2>)$ +efer to ,3ummary of other !hanges" for complete item for valuation purposes incorporating this item$ 8ote also !;/ no$ 2G$

-/ %ummary of Changes not other!ise confirme -/. Groun 9loor 39it ;ut (rea4

!ost 9ffect

Time 9ffect

0. ,eeting Rooms< inclu ing %yn icate Room 5$ )dditional double doorway to :eeting +oom as per drawing DB324/2g 6see item 2c on page 4 of 3chedule >57 and drawing =>>5 rev$ B$ 2$ !reation of lobby to 3yndicate +oom as shown on drawing =>>5 rev$ B$ 3$ TD aerial soc ets$ 63ee !ontractor"s letter dated 54th :ay 5??G7$

8oteA (loor, wall and ceiling finishes included in ne4t two items following$ 2. 9loor an generally< 5all 9inishes to 9it ;ut area

9)!/ no$ 5G too account of Darby )ssociates" designs prevailing under drawing &.>2.>5!$ 8o further 9)!/ issued$ Therefore no instruction confirmed in writing with regard to e4penditure against the #rovisional 3um in respect of further modifications incorporated in Darby )ssociates" drawings &.>2.>5D, &.>2.>59 and drawing &.>2.>4$ +efer to ,3ummary of other !hanges" for complete item for valuation purposes incorporating this item$ 8ote also !;/ nos$ 5@ and 2@

-/ %ummary of Changes not other!ise confirme -/. Groun 9loor 39it ;ut (rea4

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Time 9ffect

*. %uspen e Ceilings 9)!/ no$ 5G too account of Darby )ssociates" designs prevailing under drawing &.>2.>29$ 8o further 9)!/ issued$ Therefore no instruction confirmed in writing with regard to e4penditure against the #rovisional 3um with regard to further modifications incorporated in Darby )ssociates" drawings &.>2.>2( and '$ +efer to ,3ummary of other !hanges" for complete

item for valuation purposes incorporating this item$ 8ote also !;/ nos$ G, 5@ and 5?$

-/ %ummary of Changes not other!ise confirme

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0. Groun 9loor 3;ther Cu"lic (reas4 &. Disa"le 7oilet (loor finishes in accordance with drawing &.>2.>59 in lieu of compliance with the #articular #erformance 3pecification$ )dditional/abortive design associated with relocations of toilet as shown on drawing =>>5 revisions B and ( to be valued as part of the overall redesign costs$ 63ee ,3ummary of other !hanges"7$

:odification to services due to relocation$ Dealt with under ,Drainage" and ,3ummary of other !hanges"$ '. ,ale an 9emale 7oilets 5$ :odifications to lobbies as shown on drawings =>>5 revisions$ B and ($ 2$ )dditional sanitaryware, plumbing and services etc$ to internal layouts as derived from comparison between drawing DB324/2e and drawing =>>5 rev$ ($ 3$ :odifications incorporated into the wor s relating to wall and ceiling finishes and light fittings pursuant to drawings D.F>.>?, &.>2.>= and D.F>. >?)$ 3uch replaces the !ontractor"s compliance with the #articular #erformance 3pecification$ 4$ (loor finishes in accordance with drawing &.>2. >59 in lieu of compliance with the #articular #erformance 3pecification$

-/ %ummary of Changes not other!ise confirme -0. Groun 9loor 3;ther Cu"lic (reas4

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3. Ca

y %tore

;mission of the !addy 3tore$ Drawing DB324/2e shows a !addy 3tore within the 'round (loor #ublic )reas$ There is no other reference to it within the 9mployer"s +e%uirements and it is presumed that it was intended to be an 9mployer"s direct supply item$ !addy 3tore was omitted as a result of Design Buro comments on drawing =>>5 rev$ ( and substituted by under stairs luggage area$ 63ee item under ,!ore 2" staircase above7$

)bortive design wor associated with repositioning !addy 3tore as shown on drawing DB324/2g and drawing =>>5 revision$ B to be valued as part of the overall redesign costs$ 63ee ,3ummary of other !hanges"7$ +. Entrance oors #rovision of 5G> degree swing to main entrance doors as shown on drawing =>>5 rev$ 3 in lieu of ?> degree as per drawing DB324/2e$

-/ %ummary of Changes not other!ise confirme

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2. ?pper Groun 9loor &. ,o ifications to layout. The layout of the 0pper 'round (loor was subject to ongoing revision$ )lthough individually not significant, collectively they are indicative of the nature of the redesigning process$ 5$ )bortive design wor in connection with changing from single doors to double doors on standard riser cupboards as per drawing =>>5 rev$ B, then reverting bac to single doors on drawing =>>5 rev$ K$

2$ )dditional/abortive design wor associated with the creation of a trolley store as per drawing =>>5 rev$ B, which was omitted on drawing =>>5 rev$ !, then reintroduced, including single doorway, by means of drawing =>>5 rev$ H$ Doorway increased for double leaves on drawing =>>5 rev$ & and, finally, trolley store is omitted and replaced by a trolley area as per drawing =>>5 rev$ #$ 3$ )dditional/abortive design wor associated with the introduction of double doors to corridor, adjacent to trolley store, as shown on drawing =>>5 rev$ B$ #osition of doorway changed on drawing =>>5 rev$ ! and doors amended on drawings =>>5 revisions ', * and E respectively and, finally, the doorway is omitted on drawing =>>5 rev$ +$

-/ %ummary of Changes not other!ise confirme -2. ?pper Groun 9loor

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&. ,o ifications to layout 3cont 4. 4$ )bortive design associated with the provision of double doors to standard riser within large riser cupboard in lieu of access panel as shown on drawing =>>5 rev$ !, then reverting bac to an access panel on drawing =>>5 rev$ &$ =$ )dditional design wor associated with the door to the large riser cupboard, as introduced on drawing =>>5 rev$ B, being reversed to swing outwards on drawing =>>5 rev$ H and its position change by drawing =>>5 rev$ 8$ F$ :odification to the construction wor s arising

from the creation of service riser compartments in turret bedrooms as per drawing =>>5 rev$ B and the addition of access doors in accordance with drawing =>>5 rev$ #$ @$ :odification to turret toilet doors as per drawing DB324/2>5 and drawing =>>5 rev$ &$ The above items should be considered under one overall ,!hange" relating to the redesign of the <or s 63ee ,3ummary of other !hanges" set out later7$

-/ %ummary of Changes not other!ise confirme -2. ?pper Groun 9loor

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Time 9ffect

'. Cro$ision of lifting "eams o$er @B 7ransformer Room This includes the structural modifications to the floor slab as shown on drawings @>=2/3B and 5=$ 63ee te4t under ,*D electrical supply to the building" B +ef$ &ower 'round (loor7$ 3. Relocation of >aun ry Chute. :odification to the construction wor s arising from the relocation of the &aundry !hute to the east wing$

-/ %ummary of Changes not other!ise confirme

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Time 9ffect

*. ?pper 9loors &. Effect of Core ' mo ification. <hereas the ,!ore 2" staircase was redesigned to correct the error on drawing DB324/2e and such was reflected on the layouts of the upper floors, the modifications to adjacent areas made as a conse%uence of that ,!hange" and/or revised building footprint are also ,!hanges" in their own right i$e$A 5$ :odification to the central lobbies$ 2$ +earranged layout of the upper floor meeting rooms, including traditional bathrooms in lieu of pods$

'. Effect of re$ise "uil ing footprint The positions of guest rooms as had been set out on drawing DB324/3e were generally rearranged as part of the process of fitting into the revised building footprint$ This is not envisaged to give rise to any adjustment to the !ontract 3um e4cept for the associated redesign costs$ 63ee ,3ummary of other !hanges"7$

-/ %ummary of Changes not other!ise confirme -*. ?pper 9loors

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Time 9ffect

3. Re uction in the num"er of Disa"le Rooms ;riginally there were to have been eleven Disabled +ooms$ The 9mployer wished to reduce the number thereof$ 63ee 9mployer"s )gent"s letter dated 5G th 3eptember 5??@ and 9mployer"s letter to the 9mployer"s )gent dated 2?th )ugust 5??@7$ The !ontractor duly discussed the matter with Building !ontrol and re%uested notification of the 9mployer"s revised re%uirements$ The !ontractor was verbally instructed to install si4 Disabled +ooms and to provide additional Double Bedrooms in lieu of the remaining five rooms$ +. ,o ifications to layout.

)s per ,0pper 'round (loor", similar ongoing modification to the layout design applied to the 0pper (loors$ These should be considered under one overall ,!hange" relating to the redesign of the <or s 63ee ,3ummary of other !hanges"7$

!ost 9ffect

Time 9ffect

-0. %ummary of other Changes

&. General items &. Re esigning of the internal layouts of the "uil ing. The design wor associated with achieving the revised layouts on each floor within the modified building footprint, including additional and abortive designs in connection therewith$ 63ee sub.section entitled ,'eneral e4planation of !hanges to internal layouts" and individual items referred to the summaries preceding this summary7$ '. 9urther !or6s to the party !all.

The elements of wor set out in paragraphs 3, 4 and G of the addendum to the party wall award dated 5?th :arch 5??G$ 6/ncorrectly e4cluded from 9)!/ 8o$ G7$ 3. Dra!ings 1ssue "y Dar"y (ssociates. These drawings constitute ,!hanges in the 9mployer"s +e%uirements"$ 63ee sub.section entitled ,'eneral e4planation of !hanges to internal layouts"7$ The cost effects are dealt with under other items as appropriate$ This item is intended to record that the timing of the issue of those drawings detrimentally affected the regular progress of the <or s$

-0. %ummary of other Changes -&. General items

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+. 5or6 associate ten ers.

!ith o"taining specialist =oinery

+efer to the sub.section of this submission under the heading of ,'eneral e4planation of !hanges to internal layouts"$ This item relates to the cost of the !ontractor"s site administration and other resources devoted to the procurement of specialist joinery tenders on the 9mployer"s behalf and the effect of introducing such a process into the se%uence of the <or s$ /. Completion of !or6s to the 9it ;ut (rea. This item collects together the ,!hanges" over and above those confirmed by 9)!/ 8o$ 5G with regard to finishes and joinery all as followsA 5$ 94tra over 9)!/ 8o$ 5= for further joinery wor s underta en by Timtec pursuant to revisions to those Darby )ssociates drawings upon which their %uotation was based$ This includes joinery wor

associated with !;/ nos$ G, 5@ and 2G and the drawings referred to in the ,3ummary of !hanges not otherwise confirmed" under section ,'round (loor (it ;ut )rea" items >5, >2, >3$>2, >4 and >=$ 2$ The suspended ceiling wor s referred to on 9)!/ 8o$ 2F 1/tems 2F$>5 and >3 on summary of 9mployer"s )gent"s !onfirmations of /nstruction2, !;/ nos$ G and 5@ and drawings referred to in the ,3ummary of !hanges not otherwise confirmed" under section ,'round (loor (it ;ut )rea" item >G$ 3$ The floor and wall finishes referred to in the ,3ummary of !hanges not otherwise confirmed" under section ,'round (loor (it ;ut area item >@$ 4$ The rolling grille to the Bar$ 3ee 9)!/ 8o$2F$

-0. %ummary of other Changes -&. General items

!ost 9ffect

Time 9ffect

0. Creliminaries< o$erhea s an profit on expen iture in connection !ith instructions pursuant to Cro$isional %ums. )lthough not a ,!hange", the 9mployer"s )gent"s interpretation of te4t in the !ontract 3um )nalysis ma es it appropriate for this item to be listed$ #rovisional 3ums are identified and said to be deemed to %have made due allowance in programming, planning, pricing of preliminaries and contribution to (ead )ffice overheads and profit for the e*ecution of the wor"s described#$ The 9mployer"s )gent interprets this to mean thatA the e4penditure against those #rovisional 3ums shall not be sub+ect to further preliminaries, overheads and profit %as%these cost elements are already included (within the ,rovisional -um!$$ 3ee 9mployer"s )gent"s letter dated 2>th :ay 5??G$ )lthough the 9mployer"s )gent is %uite clear on what he believes is meant by the te4t and, indeed, what may have been intended by the te4t, it is not what it says$ /t is evident that if the #rovisional 3ums included for such cost

elements, any evaluation of wor s instructed against those sums should correspondingly include them$ /t is, therefore, submitted that the 9mployer"s )gent"s interpretation is incorrect and that an allowance for preliminaries, overheads and profit must be added to the value otherwise ascertained$ 8oteA /nclude the above.indicated allowance on Timtec specialist joinery wor $ 63ee ,'eneral e4planation of !hanges to internal layouts"7$

-0. %ummary of other Changes

!ost 9ffect

Time 9ffect

'. %un ry ser$ices installations. &. %er$ices in connection !ith a itional an 8or relocate rooms on the >o!er Groun 9loor. 94tra over that allowed in the !ontract 3um for services to &ower 'round (loor arising from 9)!/ 8os$ 4, F and @$ /nclude also lighting to cupboard under 3tair 4$ But e4clude electrical services to /T +oom and &inen )rea$ 6Dealt with elsewhere7$ '. %er$ices to 6itchen equipment )ttention is drawn to comments relating to 9)!/ 8o$ 5@$ 63ee 3ummary of 9mployer"s )gent"s instructions7$ /tem 5$2F of the #articular #erformance 3pecification states that an indicative s etch of the scope and layout of the e%uipment would be provided within the 9mployer"s +e%uirements$ ;n the basis thereof, the !ontractor was to allow for accommodating the e%uipment, including the applicable services$ *owever, no indicative s etch was provided in the 9mployer"s +e%uirements and the !ontractor was unable to ma e provision for the applicable services within the !ontract 3um$ During the currency of the <or s, the itchen installer produced drawing !+9/)5/2?G5 revision )$ This was received on 4 th :arch 5??G and specified the re%uired services$ 3ubse%uently, the positions of electrical soc et outlets were modified as recorded on the s etch attached to the !ontractor"s letter dated 5>th Euly 5??G 63ee sub. section relating to !ontractor"s correspondence7$ /t is submitted that the !ontractor"s compliance with the aforementioned drawing and s etch constitutes a ,!hange in the 9mployer"s +e%uirements"$

-0. %ummary of other Changes -'. %un ry ser$ices installations

!ost 9ffect

Time 9ffect

3. %er$ices in connection !ith a itional an 8or relocate rooms on the Groun 9loor. 94tra over that allowed in the !ontract 3um for services to 'round (loor$ To include services to ,Bac of *ouse" and the remaining public areas$ 63ee also ,'eneral e4planation of !hanges to mechanical and electrical services", !;/ nos$ 5> and 5F7$ /nclude for lighting to &uggage 3tore$ But, e4clude services to ,(it ;ut" area, those re%uired by the specialist itchen e%uipment installer and those referred to on 9mployer"s fa4es dated 2Gth :ay and 5?th Eune 5??G$ 63ee other items in this section7$ +. Electrical ser$ices etc. to 17 Room. 94tra over allowance in the !ontract 3um for provision of services in accordance with 9mployer"s fa4es dated 24th )pril and 53th :ay 5??G and 9)!/ 8o$ 5?$ 8oteA <all mounted air conditioning unit dealt with under 9)!/ 8o$ 5F$ /. >ighting to 9it ;ut area. #rovision of all lighting to ,(it ;ut" area$ 63ee ,'eneral e4planation of !hanges to mechanical and electrical services" and !;/ nos$ 5@ and 5?$

-0. %ummary of other Changes -'. %un ry ser$ices installations

!ost 9ffect

Time 9ffect

0. Electrical ser$ices to 9it ;ut area< inclu ing to specialists equipment. 3ervices installations to specialist"s e%uipment$ 3ee ,'eneral e4planation of !hanges to mechanical and electrical services"$ #rovisions in accordance with 9)!/ 8o$ 5G and !;/ nos$ ?, 5> and 5@$ 2. 5ater ser$ices to 9it ;ut area< inclu ing to specialists equipment. 3ervices installations to specialist"s e%uipment$ 3ee ,'eneral e4planation of !hanges to mechanical and electrical services"$ #rovisions in accordance with 9)!/ 8o$ 5G and !;/ nos$ ?, 5@ and 2@$ *. ( itional external CC7B pro$isions.

94tra for wiring, etc$ to 5? no$ e4ternal !!TD camera positions in lieu of 55no i$e$ one to each set of e4ternal doors$ 63ee !ontractor"s letter dated ?th :arch 5??G7$ 8ote, !!TD part of 9mployer"s direct specialist"s wor $ 3ubse%uently cameras were not installed to all the positions provided for$