• Skip to primary navigation
  • Skip to main content

Construction Defect Management System | ACCEDE

  • Features
    • Overview
    • Data Capture
    • Control Centre
  • Resources
    • Success Stories
    • Downloads
    • Webinars
  • About
    • Our Company
    • Services
    • Blog
  • Contact
  • Login
  • Free Trial

Featured Posts

Construction defect cases: It comes down to evidence

ACCEDE - Tom McKillop
Thomas McKillop, Special Counsel, Thomson Geer

In this article, we talk to Thomas McKillop, Special Counsel specialising in Construction and Infrastructure at Thomson Geer, about the scenario all parties want to avoid – construction litigation – specifically around construction defects in commercial and infrastructure projects.

Construction disputes in Australia typically fall into one of three categories: disputes around time, cost and quality. Here, we take a deep dive into quality – an area where solicitor Thomas McKillop says that 99% of disputes involve construction defects or allegations of defective work.

“There can be disputes around whether alleged defects are actually defective according to the construction contract,” Thomas said. “But the most common disputes relate to responsibility for defects. For example, there’s a hole in a wall, a cracked concrete slab, or water ingress. It’s difficult to say those things do not amount to an actual defect – but there are typically questions around the chain of responsibility. The builder might ultimately be responsible to the client, but will usually seek to close the risk gap by assigning blame to the relevant subcontractor or trade, or a subcontractor who was working adjacent to the area and potentially caused the issue.”

Quality evidence is the key (to winning and keeping costs down)

Thomas says that for both the owner and the builder, tracking defects systematically makes sense for two reasons:

  1. It is more likely to achieve a good quality build for the owner and the end users.
  2. If there are quality issues and a contractual dispute materialises, “From the legal standpoint, nothing is better, and cheaper, than readily-available contemporaneous evidence,” he said.

To put this more simply:

“The party with the most bits of paper tends to win the fight.”

A tale of two approaches

Let’s illustrate the concept of ‘contemporaneous evidence’ by comparing two examples. The defect in question is water leaking through the window on level 10 of a multi-storey building.

ACCEDE - Construction - Leaking Window

Example 1: Correspondence and affidavits

Thomas works on many cases that involve sifting through correspondence to find mentions of a particular defect. Often the defect will be referenced among many other topics in the same email or letter – a “by the way there is a leaking window, have you looked at it yet” type of comment.

Stumbling across references to a particular defect in the context of a massive construction project is unlikely. So the lawyer needs to work harder, and for longer, to find them.

Because project correspondence often only contains passing references to the defect in issue, the evidential gaps need to be closed by obtaining oral evidence from key people. Typically this involves taking witness statements from multiple parties, like the head contractor, the superintendent, employees and so on. “This might take weeks of work to assemble the evidence relating to a single defect,” Thomas said. “It’s inefficient, expensive, and often people can’t fully remember all the details – the quality of the evidence isn’t great.”

Example 2: A systematic approach

If the builder (or owner) is using specialist construction defect software like ACCEDE to record defects during regular quality inspections, there will be a record of the first time the water leak is noticed – this is a permanent and contemporaneous record of fact. If there is a dispute in six months, or three years, there is no contest about this fact – and there is photographic evidence recorded. This defect remains open until it is communicated with the responsible party, rectified and quality checked. “What you’re left with is a complete evidential story of the defect that you can print out and get into evidence in 10 minutes,” Thomas said.

ACCEDE - Construction Defect Report
A typical construction defect report

“From a legal standpoint, we think about documentation – the whole data trail that records the story of the defect across every important date, party and milestone. If there’s a dispute about a defect and one party produces an affidavit years after the fact that’s based on memory – that is evidence – but it will never trump a contemporaneous record of fact produced by a software system designed for recording the existence of defects.”

Benefits for the owner/developer

The owner or ultimate client of the construction project stands to gain in two areas by using software to track defects. Firstly, they are more likely to end up with a better-quality product (and reduce complaints from the end user of the construction). Secondly, if there are quality issues, they are armed with the best possible evidence to convince the builder to return to resolve defects. Often the final defect list is discussed during a meeting towards the end of the defects liability period and prior to the release of final security. “If you go into this meeting with a solid, non-biased, defect report, you’re more likely to come to an agreement faster and avoid a dispute all together,” Thomas said. “And if you do end up in a dispute, you’re armed with excellent evidence that will put you in a better position to negotiate out of it, or win it.”

Benefits for the builder

Legally, tracking defects properly protects the builder in two ways. It provides contemporaneous evidence about the defect itself and its handling. If there is a dispute, the builder can prove the defect was closed and the quality manager accepted its closure. Alternatively, the builder can also follow the defect down the chain to find out which subcontractor caused the defect, and hold it accountable. In these ways, the builder can resolve the problem or otherwise close the risk gap by pursuing the responsible party – while also reducing the costs incurred in doing so.

Filed Under: Featured Posts

Free Punch List Template: Download today and save time and money on your next construction project!

Have you considered using a free punch list template to produce Punch Lists when managing quality control in the close out stages of construction projects?

Download Now

if this looks familiar you need a defect management system The manual generation of Punch Lists often incorporates hand written notes transposed into excel spreadsheets which are sorted and emailed to responsible sub-contractors with clumsily attached and poorly referenced photos. This manual re-handle of defect information gives rise to a surprisingly high and often little known cost, borne mostly by the main contractor.

Research led by Professor Marton Marosszeky at the Australian Centre for Construction Innovation (University of NSW) identified the following in respect of the impact of defects:

  • On average, the total cost of defect rectification ranges between 4% and 6% of construction expenditure.
  • The rectification process is highly management intensive due to the requirement for checking, recording, coordinating, reporting and signing-off reworked activities.
  • The indirect management costs are as much as direct rectification costs.
  • The administrative cost is substantially borne by head-contractors while the subcontractors bear the direct cost of rework.

In summary, the average cost of defect rectification using traditional methods is 5% with half of this (2.5%) borne by the main contractor in administrative burden.

ACCEDE

Consider a $20M construction project; total cost of defect rectification is (on average) $1M with the main contractor’s cost being (on average) $0.5M. This is a significant cost but one that is rarely costed into the closing stages of a project leading to project handover and completion.

Adopting new quality processes is challenging for most construction companies, as usually the change requires embracing new technology and possible unforeseen expenses. Whilst most main contractors claim to encourage innovation, many managers are cautious when it comes to approving expenditures on new construction quality systems, especially when it involves technology they may not be familiar or comfortable with.

Tablet-based defect management systems are widely available but many main contractors are reluctant to implement this time saving technology and persist with manual punch listing processes regardless of the demonstrated productivity benefits and associated cost savings.

We have often speculated the reasons for this and have concluded they most likely are:

  • Cost of the new technology/system
  • The time/hassle associated with managing change
  • Lack of familiarity with the new technology.

This got us thinking of what we could do to overcome these legitimate obstacles.

In our first white paper, we provide you with a free Punch List Template, complete with easy to follow instructions, that will speed up the process of transposing your hand-written notes into a usable Excel Punch List.  Given the popularity of and familiarity with Excel, especially in existing manual defect management processes, we considered this the best way forward to give main contractors a taste of the new technology with no cost or risk.

free punch list template incorporating Excel userforms

Our solution incorporates Excel-based data entry userforms that:

  • contain the key defect item elements you should be capturing
  • have a similar look and feel of the ACCEDE Agent (iPad app)
  • improve data entry productivity
  • generate a simple punch list
  • capture data in appropriate formats for direct upload to the ACCEDE Defect Management System should you wish to progress to a free trial
  • require minimal change to existing manual punch listing processes.

Unfortunately, our free Punch List Template focuses more on generating rather than managing Punch Lists so the productivity gains from its use are not as great as those you will get from using a tablet-based defect management system. The good news though is it’s free, simple to use and will save time should you wish to proceed with a free trial of ACCEDE.

Download Now

Filed Under: Featured Posts, White Paper

Guest Blog: Do you know the true cost poor quality adds to your construction project?

Will your construction project be 100% complete when it’s finished?

Well that appears to be a stupid question? If a construction project’s complete, that means it’s finished? Yet many contractors finish a construction project – hand it to the owner, but then spend months, maybe even years, completing snags and defects. They tell everyone the project is finished, but it’s not.

Many years ago, while on business, I stayed at a hotel which had just been constructed for a major hotel chain. I was surprised to see so many construction workers still working in and around the hotel. Later that night as I showered I was dismayed that water from the shower ran across the whole bathroom floor, soaking everything in its path. I tried to form a dam with the towels and bath mat to keep the water in the shower, but without much success.

Over the course of the next 18 months I stayed at the hotel on many occasions while visiting my own construction project, which we completed in this time. I stayed in many different rooms and most had a similar problem with the shower, together with other snags or punch list items. Over time the number of workers from the original contractor diminished, but there were still some repairing defects when I last stayed there. The construction period for the hotel had been less than 18 months, but here they were still repairing defects 18 months after the hotel had been opened! Imagine what that cost?

But now in the city where I live this almost seems to be the norm. We own an apartment in a large building, and it took 4 years for the builder to repair leaks on balconies, and 6 years after it was completed the owners are still battling with the builder to resolve the leaking swimming pool. A similar story is repeated in many other apartment blocks.

So where does it go wrong?

All parties to a construction project can negatively impact quality

The owner

Owners don’t help quality problems when they:

  • specify impossibly short construction project durations
  • select contractors based purely on the cheapest price
  • specify products based only on the fact that they are the cheapest
  • don’t manage their contractors properly

The designer

Designers exacerbate the problem by:

  • accepting the clients decisions even when they compromise their design
  • producing designs which are inappropriate to the level of skills available in that region
  • producing designs which are inappropriate – for instance I know that water creates many of the problems in buildings, yet designers continue to specify falls on roofs and balconies which don’t allow for the water to drain away
  • using designers who aren’t familiar with construction processes and what can go wrong on a construction project
  • not allowing for contractors that don’t (can’t) work in millimetres

The main contractor

Ultimately the quality of construction rests with the main contractor. But main contractors are often their own worst enemy. For example, some main contractors often:

  • accept unreasonable project durations which results in them throwing the project together and then suffering the consequences later
  • employ managers and craftspeople who don’t have the required skills
  • don’t manage the project properly
  • don’t institute the correct quality management systems
  • don’t take pride in their work

But it’s also more than this. Main contractors leave their snagging, or punch listing, to the end of the project, often asking staff to rectify mistakes made by others before them. For the duration of the construction project every one appears blind to the quality problems, accepting that if there’s a piece of paper ticked to say the item’s been inspected it must be ok. So the problem that occurs in apartment 1 probably is replicated through all the apartments to apartment 501! Furthermore the person who allowed the problem to occur in the first place doesn’t have to fix it, so is oblivious to the cost their carelessness has caused.

Do you know what poor quality costs your project and company?

Owners think that poor quality doesn’t cost them anything – after all, the contractor will rectify the problem. But it does cost the owner.

  • there is the inconvenience of having the contractor stay on well past the end of the contract
  • the contractor still has to be managed while they repair their defects
  • a repair of faulty work often results in a weakness which creates maintenance problems later
  • guests, visitors or clients are inconvenienced by the problem and the rectification of the problem (with the hotel problem I described above, think of the unsuspecting guest getting their clothes soaked on the bathroom floor – many guests might not return, or even avoid that hotel chain in other cities)
  • often there is disruption to processes while the problem is resolved (hotel rooms which could not be occupied while repairs are being done)
  • often owners give up in frustration and accept a substandard item

The contractor often does not even begin to understand the costs which are usually far more than just monetary.

  • there’s the actual cost of the repair
  • the cost of the overheads and supervision to do the repair
  • often in repairing the defect something else is damaged
  • harm to their reputation which might prevent them from getting another project (again think of my example of the hotel – if you stayed in the hotel and the bathroom flooded every time you showered would you consider employing that contractor for your project or recommending them to a friend?)
  • the disillusionment of the staff left to rectify someone else’s poor work; people in the construction industry generally want to be building new projects, not spending 18 months rectifying poor work; in many cases they will resign and join another contractor
  • the lost opportunity of having your workers repairing defective work instead of constructing your next project where they could be making money for your company
  • often, as long as there are items remaining to be rectified the contractor doesn’t get all of their retention money released or their sureties and bonds returned

All parties need to understand the true cost of poor quality on a construction project

Conclusion

The action of all parties can negatively impact quality. It’s in all the parties’ interests that they understand the actual costs of poor quality.

Snag, or punch list items should be attended to as the construction project proceeds, preferably by the person responsible for the defect. These items should be tracked so they aren’t repeated. They need to be closed out as soon as possible so the project is completed and staff can move off site.

Often the repairs aren’t managed well, and workers wander aimlessly through the project looking for the item, don’t have the right equipment to fix it, don’t understand what needs to be fixed, or don’t fix the correct item. Sometimes items aren’t repaired properly and result in a defect later or while repairing the item something else is damaged resulting in a new defect.

 

Written by Paul Netscher the author of the acclaimed books ‘Successful Construction Project Management: The Practical Guide’ and ‘Building a Successful Construction Company: The Practical Guide’. Both books are available in paperback and e-book from Amazon and other retail outlets. This article is adapted from information included in these books. To read more visit www.pn-projectmanagement.com.

© 2015 This article is not to be reproduced for commercial purposes without written permission from the author.

Filed Under: Featured Posts, Successful Construction Project Management: the Practical Guide

‘Cradle To Grave’ Approach For Quality Management Systems

Published in The Urban Developer on 19 June 2015.

An innovative “cradle to grave” approach in quality management is set to fire up the entire building industry into a rethink.

cradle to grave quality management system

While quality management systems, such as WicketWork’s ACCEDE, have traditionally been used in the defecting and handover phases of a project, technology now enables such a product to benefit all phases of the project lifecycle. It just needs the industry to step back a little and rethink the potential of these systems.

Much like the early adoption of Design and Construct contracts which has proven a successful model in recent years, early adoption of a quality management system would prove beneficial not only to builders and owners, but further down the track to include property funds/owners and property managers. This approach could potentially see quality management systems such as ACCEDE enjoy a lifelong association with a development and smooth out its journey.

“ACCEDE has enormous scope to track issues in all phases of the lifecycle and needs to be considered more than just a tool managing construction defects. It can be used from project inception through design, construction, operation and beyond. For instance, whether it be an issue during the design phase, a blocked floor waste during construction, a tenant reporting a maintenance problem, or a property management inspection, ACCEDE efficiently tracks any item or issue that needs follow-up and closure,” said Brian McKillop, WicketWorks Development and Support Director. “It really is a cradle to grave proposition.”

ACCEDE is a tablet-based on-site quality management system that enables the quick capture of inspection-related data in the field. Functionality includes the mark up and annotation of photos taken in the field using the tablet or iPad’s integrated camera. Data is easily uploaded from the field to the cloud-based back end to generate project punch lists/snag lists.

ACCEDE offers flexible project structure configuration and item categorisation to suit a wide variety of projects. Lists of new, updated and overdue items are automatically emailed to responsible parties according to a schedule determined by the project, removing the need for error-prone manual dissemination of notifications. Distribution of management reports and analytical charts may also be automated. ACCEDE facilitates a closed feedback loop regarding item status via responsible parties marking items as rectified prompting the originator to reinspect and close if appropriate.

Quality management system dashboard report

Integrated quality assurance (check listing) and defect rectification has massive potential to streamline the various commissioning and certification processes throughout construction and the practical completion and handover phase. However, ACCEDE’s capability extends further than practical completion. Property funds/owners managing a portfolio of numerous commercial properties would benefit from simple but widespread reporting functionality as would property managers involved in the day-to-day management and maintenance of buildings.

On board with this idea is Kevin Granger, Project Manager at Gallagher Jeffs Consulting, an independent construction project management and property advisory practice, who agrees the industry needs to revisit the potential of quality management systems.

“Thinking of a project as a whole and not as individually-managed fragments; from new build to the property manager’s role and beyond, is an exciting concept. A quality management system that allows such broad scope is a valuable tool which benefits the entire gamut of property stakeholders,” Mr Granger believes. “Using the same quality assurance system throughout the entire life of a building, from footings to later managing new tenant builds and even base-building refurbishments years down the track, is remarkable and realistic.”

“Collaboration and early adoption of different skillsets isn’t a new concept in the building industry. Look at the marked increase in popularity of Design and Construct contracts which has proven a successful model in recent years. The benefit of construction expertise earlier on in the design process leads to better built and more cost effective buildings. Unfortunately, the back end project delivery isn’t as progressive as the front end and hasn’t enjoyed the same benefits as yet. The bane of every builder, project manager, developer and ultimately prospective tenant and owners is a delayed settlement process due to protracted defect rectification,” Mr Granger said.

iPad Quality Management System App

However, ACCEDE aims to change this and is inherently a collaborative system providing a platform for builders, subcontractors, project managers and developer/owners alike to interface and effectively manage their individual project drivers, using the same information. ACCEDE‘s detailed data collection (both written and photographic) and live reporting functions are key to developing and maintaining solid commercial relationships.

Using the same system with its invaluable vast array of data that has been captured from a building’s inception, through construction and to completion and then pushing through even further into the operational phase of the building, is an efficient and cost-effective tool. ACCEDE can realise this quality control and reduce time and cost pressures across the board.

Annotate images using mobile quality management system

Filed Under: Featured Posts, From the top men

Before Footer

Contact Us

Software

  • Features
  • Desktop
  • Tablet
  • Client Login
  • Free Trial

Resources

  • Success Stories
  • Downloads
  • Webinars

Company

  • About
  • Contact
  • Services
  • Blog
  • LOGIN
  • FREE TRIAL

2021 © WicketworksPrivacy | Terms & Conditions | Disclaimer | Acceptable Use

WEBINAR
Defect differently with ACCEDE

Construction Defect Masterclass: How to Stay One Step Ahead on Cost, Quality and Claims

Watch Now