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#1 Posted : 21 June 2006 14:41:00(UTC)
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Posted By biliath We have an adventure playground being built and almost complete. Part of the design allows for the users to access the roof as a terrace via what will be a grassed slopped embankment to one side. The slope/gradient to one side will be very steep leading into fairly sturdy trees with the concern being that the children will run or fall down the slope into the trees possibly sustaining nasty injuries. Cutting the trees back to level the slope out doesn't appear to be an option. Other ideas have included constructing a fence halfway up the slope to negate the lenghth of a potential fall or built up speed but would be very expensive (design and building already cost £1 Mil of public money), also considered planting shrubs and other plants on the slope to discourage children running down it but doesn't take away from the steepness of the slope. Any other ideas would be most appreciated Regards
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#2 Posted : 21 June 2006 15:02:00(UTC)
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Posted By Ian Mitchell Hi Biliath, Not much use now, but shouldn't this have been picked up at the design stage, as it would have been foreseeable due to knowing the position of the trees etc in advance? I take it they are pre-existing trees and not planted as part of the development? Cheers Ian M
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#3 Posted : 21 June 2006 15:54:00(UTC)
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Posted By Terry Price Hello Biliath, Ask the designer for his Design Risk Assessments for this feature which he has decided should be created. He should have listed the measures necessary to be put in place in order to control the residual risks of his design(both at construction and operational use stages throughout the life of the building/structure) Also ask the Planning Supervisor for copies of the minutes of his design co-ordination meetings with the designers where, from your description, this issue should have been discussed. Also ask the PC for the information which he as PC has inserted into his Construction Phase Plan and the PS for the information he has deemed necessary to be inserted into the Health and Safety File at the end of the job regarding this hazard.
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#4 Posted : 21 June 2006 16:10:00(UTC)
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Posted By Robert K Lewis I personally think you have a good case here for a breach of contract claim. Do you have a good construction lawyer? The designer and the PS really ought to have spotted this and modified the design early on. However the PC ought to have made some form of written response under his general duty as a competent contractor, but the end result is that you have a problem that is going to cost money to fix. Bob
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