Liability: BS or B.S.? - Rod Appleyard’s day in the life of a fenestration surveyor

The world of wood has gone completely wacky, or should I say the frame manufacturers have. You will no doubt by now have read the many column inches from like fenestration surveyors of how the big bad BWF are playing low and fast with the current British Standards.

I know that many of you think that codes of practice and British Standards are just guidance and that with a bit of B.S. you can get round it. Well can you? Very seldom actually, and that depends on the circumstances. Standards refer to the minimum standard of either work or material that can be expected by the public or an employer. This means nothing less, not nearly, but MINIMUM. Unfortunately the BWF has taken the stance that it matters not one jot what these Standards say, because the BWF makes its own standards which are in reality anything they want them to be.

Legislation that can hurt

Creeping up behind you are two bits of legislation that will really hurt, especially if you carry out newbuild or local authority work. The first is ‘life costs’: Often in contracts hidden under the preambles will be a life cost figure, 20 years is not uncommon. These take on board British and European Standards and use them in their calculations.

If you are a glazier you are the person that carries that risk and it is one, make no mistake, as has been realised by many to their cost.

It is not easy some 10 years later to fight a liability lawsuit. I have had to work on such cases and unless paperwork and your memory is up to scratch, you lose. It’s hard out there but if you get it right the rewards can be high. If you purposely get it wrong the results can follow you to the grave.

Now to the second, and this is where we get a dirty great conflict. How often will you see in a contract or even on your own paperwork ‘all work to current British Standards & Codes of Practice’. If you are in FENSA you sign to that effect. This is bound within the contract and as such this forms part of the contract.

I know you all do this anyway, since every product you make is to the highest standard and every installation is likewise.

Unless you are a BWF Manufacturer, that is. I currently have two cases and I know of another half dozen around the country where the poor old glazier is carrying the can for substandard timber frames.

What should be provided:

1). Tape glazed frames must have a minimum upstand and glazing platform 18mm and 35mm respectively;
2). The rebate must be free from contamination;
3). The frame must allow a drained system to be used;
4). The beads must be either primed or sealed.

What do we get?

1). 10mm and 25mm if we are lucky;
2). Frames that are wet, oily and dirty (odd bit of brick dust, cement and sand) in. A site agent that requires the glazing to be carried out off ladders in pouring rain and of course just above freezing, or get off the job and we will get someone who will;
3). Oh and drainage! What’s that to do with you, you’re a glazier not a ground worker;
4). And let’s not forget that it should have been done yesterday as the painter is working on the frame you have just glazed because you’re late according to the agent.

Yes, I have been there many times. I have even stood on a site and told a very big national housebuilder that I could not guarantee the glazing, as the frames were inadequate. He did not jump in his helicopter and fly over the trees out of sight, but we never worked for him again after that, I don’t know why!

I later found out that the company taking our place went out of business due to the high number of remedial callbacks. That was 20 years ago, and have things changed? Not on your life, except that main contractors are better at ambushing subcontractors.

The BWF are saying that although all members comply with all current British Standards and it is part of membership, according to their governing committee it’s not compulsory in reality, but a choice. Sorry BWF, your members are supposed to be better than that so don’t tell the world that wood is best – it’s not, you are seeing to that.

When challenged the reply is always the same: Change, what for? Why should we when the glaziers cop for it, or with a bit of luck they can B.S. their way out of it.

Watch the small print and don’t put your company in the line of fire for another companies’ bad practice and inability to comply. The latest game on the block by contractors, clients, and suppliers alike is passing the risk (liability) down the chain, so just make sure that you are not the weakest link. In my own house I have had DG units in for 20 years and they have stood the test of time. But then the frames (wood) were correct to start with.