“The site is in a very prominent position at the southern end of Blackpool Promenade, which is overlooked [to the north and east] by residential properties. This is also a very exposed position with the site being prone to high winds, salt spray and wind driven sand. So, as well as meeting the visual requirements for this facility, great attention is required as to material suitability, robustness, fixing and future maintenance requirements.”
“the site is in a … very exposed position with the site being prone to high winds, salt spray and wind driven sand. So, as well as meeting the visual requirements for this facility, great attention is required as to material suitability, robustness, fixing and future maintenance requirements”
“In developing the detailed design for the depot the Contractor shall ensure that: “all elements of the Works should be suitable for the environment within which they are to operate. Where equipment or components are exposed to the elements they should be capable of delivering the required functionality and/or safety within the weather conditions generally experienced within the Blackpool area and particularly on the Site.”
“multi-bay duo pitch with a lightweight trapezoidal insulated roof system to suit the local environmental conditions” (again the performance obligation and the suitability obligation applied) and to be “supported by purlins spanning between the portal frames”
“The design life of the building structure shall be a minimum of 50 years [142]”
“All structural elements shall be designed using their appropriate current UK design codes”
“The structural elements of the Maintenance Workshop Building shall be designed for 1 hour fire resistance at the building perimeter” but again there was no express reference to what those structural elements might be, particularly in the context of the further statement that: “The building elements will be designed to 1 hr fire resistance at detailed design stage to Building Regulations, Part B compliance”
“When interpreting a written contract, the court's task is to ascertain the objective meaning of the language which the parties have chosen to express their agreement. It does so, having regard to the meaning of the relevant words in their documentary, factual and commercial context. That meaning has to be assessed in the light of: (i) the natural and ordinary meaning of the clause; (ii) any other relevant provisions of the contract; (iii) the overall purpose of the clause and the contract; (iv) the facts and circumstances known or assumed by the parties at the time that the document was executed; and (v) commercial common sense; but (vi) disregarding subjective evidence of any party's intentions. See: Arnold v Britton[2015] UKSC 36 per Lord Neuberger at paras. [15] to [23]; Wood v Capita Insurance Services Ltd[2017] UKSC 24 per Lord Hodge at paras. [8] to [15].”
“Aluminium experiences uniform and localised corrosion. The corrosion rates shown in this table are calculated as uniform corrosion. Maximum pit depth or number of pits can be a better indicator of potential damage”
“In my view the more appropriate way to address this issue is that if Cumbria accepts, as it does in its pleaded case, that each patch has a service life, then by making a claim for the full cost of replacement or repair at a point along the continuum between the date it was laid and the end of the service life, Cumbria is required to give a credit for the fact that at the point of replacement or repair one is getting the benefit of a new patch or a newly repaired patch, with the benefit of a new service life, for an old one with a reduced service life. That approach seems to me to be consistent with the principles which ought to be applied in a case such as the present, and which I have taken from the authorities, particularly the Voaden case to which I have already referred.”
“As to the pleaded defect regarding the foam profile fillers at the eaves, the Defendant has made repeated offers to carry out remedial works in relation to the same. Paragraph 33 of the Defence is repeated. To the extent that the Claimant’s refusal to accept these remedial proposals has increased the severity of the corrosive environment, the Defendant is not liable for additional corrosion caused by ingress of seawater air and salty air in the building roof.”
“2.8 It is my opinion that the amount of surface area that has blisters present is less than 1% on the majority of more severely affected panels, which represent a small number out of the total number of panels. 2.9 The less severely affected panels show less than 0.5% of the total area showed blistering. 2.10 The overall level of blistering is therefore in the order of less than 0.1% on average, when the unblistered panels are taken into account.”
“Washing: rainfall alone is often sufficient to keep exterior surfaces looking clean and bright. However, to achieve maximum life from the Kingspan product, it is important that accumulations of dirt and debris which are not removed by normal rain washing are removed regularly by cleaning. This reduces the risk of ‘wet poultice’ corrosion. Areas of cladding that lie beneath overhanging building details, such as those beneath gutters, for example, are particularly susceptible to a build-up of dirt. Such accumulations may hold water and pollutants, which can lead to ‘wet poultice’ corrosion. Washing may be carried out with a hose and a soft bristle brush, using fresh water …”
“6.14.6 When assessing the suitability of touch-up or re-coating, the ability to access all affected surfaces for surface preparation and coating application must be assessed. Where there are joints and seams it may not be possible to carry out such operations adequately, resulting in the premature failure of the remediation. This may result in replacement being the preferred option, particularly at higher corrosion categories.” “7.13 I do not consider touch-up or recoating to be the preferred remedial option for the wall cladding panels due to the current extent of blistering to the external face, the need to enhance the performance of the internal 15 µm coating and the difficulties in adequately preparing the substrates and applying the coatings in-situ.”
“State: - rust stains round the doors’ perimeter come from the corrosion of the steel frame. The doors are made from an aluminium alloy with an organic coating, paint or a powder-applied polyester. Opinion: - The organic coating has been detached in a few places from the aluminium alloy door leaves, but the exposed alloy has a high resistance to marine corrosion and has suffered little loss. The steel frame has not received a coating system with enough durability for the environment. Defective.”
“During an early inspection it has been noted that there are some minor components showing signs of rust. i.e. M12 nuts and diagonal tie wires. Although these are structurally sound, they are not aesthetically pleasing to the BBC. We have already agreed with VF that we will "without prejudice" and as a gesture of good will replace the affected items, given the opportunity to do”