Calfordseaden was appointed to act as Employer’s Agent (Association’s Agent) for this Section 106 development, comprising a total of 149 apartments and 4 townhouses, as part of a larger scheme totaling 804 residential units.
Whilst the development agreement was drafted and negotiated by our client’s solicitor, we produced a succinct set of Association’s Requirements, which pulled together all of the client’s key performance/procedural requirements, including their standard requirements in relation to signboards, residents manuals, practical completion, defects handling, etc. to ensure their experience will be as closely related to one of their own ‘land-led’ projects. We also thoroughly reviewed the draft golden brick agreement/development agreement and provided a detailed list of comments based upon our experience on similar schemes and for taking forward as the document was fine tuned.
We also used our experience on other large S106 schemes where the cost the client is paying is based more on sales values than actual construction cost. We therefore advised on the format of the contract sum analysis based on our experience of similar projects and using BCIS indices standard weighting to split this cost down as a reasonable basis for monthly valuations throughout the project. There was also no agreed specification for the social rented units, so we used our experience of another project with the same contractor and client to agree the use of the same specification, which was a significant upgrade for the client at no additional cost. This meant that the higher quality materials would not only last longer for stock that the client will be responsible for, but also that the specification was standard across multiple developments making matters more straight forward for their asset management department.
Towards the closing stages of the project the contractor had a very ambitious and condensed completion programme, which also incorporated a lot of pre-handover inspections in a short space of time. Having had previous experience of the same contractor, calfordseaden were confident that they could achieve this. Nonetheless, the condensed programme would also entail additional resource being provided by calfordseaden to deal with the concentrated number of inspections. Fortunately, calfordseaden were also appointed by the client for clerk of works services. This therefore gave us the ability to call on additional resource for the inspections, knowing that we could rely on this support and that the inspections would also be undertaken to a very high standard, minimising the risk of defects existing between handover/practical completion and subsequently residents moving in.
In summary, our extensive knowledge of bespoke S106 agreements, including the client’s own requirements, our previous experience of the contractor and our shrewd negotiating skills led to a successful development that was delivered on time and on budget.