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A. The visual signs of concrete deterioration are cracks, spalls and rust stains. It is important to determine the cause of deterioration and likely consequences before deciding on the type and scale of remedial works.

Deterioration can be caused by:

• original design faults: poor detailing, unsuitable materials, shoddy workmanship, and lack of maintenance;
  
• permeable concrete or low cores caused by high water to cement ratios, low cement contents, inadequate curing and poor compaction due to water reaching the surfaces of roof slabs, columns and beams or the lack of an effective protective membrane, blocked drainage and leaking expansion joints
  
• concrete containing high alkali content, reactive aggregates and sufficient moisture. This type can be at risk from alkali-silica reaction (also known as 'concrete cancer');
  
• frost damage and leaching, the most common causes of surface deterioration.

You should get the building properly inspected by a structural expert to check whether it has deteriorated to the point where it would be prohibitively expensive to repair. In this situation, there is another difficulty. A repair will generally not be guaranteed for long (perhaps less than 20 years) so the structure has a limited lifespan. You may have to consider demolition, and starting again.

Q. I am starting a construction project and would like to know if CDM Regulations allow me to appoint another party to carry out my duties as a client?

A. You can appoint an agent to act on your behalf as client if you wish. If you appoint an agent, you should ensure that they are competent to carry out your duties. Your agent must send a written declaration to HSE, which should:

• state that the appointed agent is acting on your behalf;
  
• give the name and address of the agent;
  
• give the exact postal address of the construction site;
  
• be signed by or on behalf of your agent.

For further details and the latest information, please contact the HSE directly.

Q. When a tender is received should all additional costs (eg VAT) be added to the tender in order to arrive at the final figure?

A. Our legal team's view is that if the two parties to the contract are experienced construction professionals, then it will probably be an implied term that VAT is chargeable in addition to a quote, notwithstanding the absence of VAT in the tender.

However, where one of the parties is a private individual, then it is more likely that a Court would hold that a tender not mentioning VAT is an inclusive price.

Lancaster v Bird confirmed that although there was an industry custom that prices were VAT exclusive, that did not apply to contracts with consumers.

Q. I am part of a contracts management team, involved on a multi-disciplinary project. Could you clarify Testing, Commissioning and Performance Testing for me?

A.
Testing:
During the services installation there will be 'static testing'. This testing is normally undertaken to prove the quality and workmanship of the installation. After such work, a certificate is issued to 'liven' services whether electrically or otherwise. Examples are: pressure testing ductwork and pipework, resistance checks on cabling.

Commissioning:
Upon completion of the static testing, dynamic testing - or commissioning -commences. You should bear in mind that commissioning proves that the systems operate and perform to the design intent and specification. This work is extensive and normally commences by issuing a certificate permitting the installation to be made 'live' (ie electrical power on). After initial tests of phase rotation on the electrical installation and checking fan/pump rotation (in the correct direction), the more recognised commissioning activities of balancing, volume testing, load bank testing, etc. begin.

Performance Testing:
Upon completion of the commissioning, performance testing can commence. It is worth distinguishing the difference between commissioning plant as individual systems and undertaking tests of all plant systems together, known as performance testing. Sometimes this performance testing is undertaken once the client has occupied the facility.