URL: https://councillors.knowsley.gov.uk/ieDecisionDetails.aspx?ID=8128

Decision Maker: Executive Director Resources & Partnerships (Stephan Van Arendsen) and Director Corporate Support (Justin Thompson)

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: The purpose of the report is to seek approval in accordance with Contract Procedure Rule 9.4.2 (3), to modify the contract with Marshall Property Construction Limited for the refurbishment of a vacant area of the school to create soft play area, sensory room, children’s toilets and accessible WC at Knowsley Central Primary School, Huyton byincreasing roof heights and replacing the defective roof decks and external wall.   The modification is justified as the following requirements of Contract Procedure Rule 9.4.2 (3) are met as follows:   (3) Unforeseeable circumstances - the circumstances giving rise to the modification (i)       could not reasonably have been foreseen by the contracting authority before the award of the contract and (ii)       does not change the overall nature of the contract.   Following strip-out and demolition, previously concealed defects were identified in both the timber and concrete roof decks, as well as an external timber wall with inadequate structural integrity, none of which could be fully assessed prior to demolition. When combined with very limited existing ceiling heights and the spatial requirements for M&E services and soft play equipment, the original approach of repairing and strengthening the existing structure is no longer viable. Increasing roof heights and replacing the defective roof decks and external wall provides a compliant, safer, and more practical solution, delivering minimum internal ceiling heights of 2.4m, simplifying the structural design by removing the need for substantial steel beams and columns, and reducing long-term risk.  

Content: The purpose of the report is to seek approval in accordance with Contract Procedure Rule 9.4.2 (3), to modify the contract with Marshall Property Construction Limited for the refurbishment of a vacant area of the school to create soft play area, sensory room, children’s toilets and accessible WC at Knowsley Central Primary School, Huyton byincreasing roof heights and replacing the defective roof decks and external wall.   The modification is justified as the following requirements of Contract Procedure Rule 9.4.2 (3) are met as follows:   (3) Unforeseeable circumstances - the circumstances giving rise to the modification (i)       could not reasonably have been foreseen by the contracting authority before the award of the contract and (ii)       does not change the overall nature of the contract.   Following strip-out and demolition, previously concealed defects were identified in both the timber and concrete roof decks, as well as an external timber wall with inadequate structural integrity, none of which could be fully assessed prior to demolition. When combined with very limited existing ceiling heights and the spatial requirements for M&E services and soft play equipment, the original approach of repairing and strengthening the existing structure is no longer viable. Increasing roof heights and replacing the defective roof decks and external wall provides a compliant, safer, and more practical solution, delivering minimum internal ceiling heights of 2.4m, simplifying the structural design by removing the need for substantial steel beams and columns, and reducing long-term risk.   (i)       That, in accordance with Contract Procedure Rule 9.4.2(3), the contract with Marshall Property Construction Limitedfor the refurbishment of a vacant area of the school to create soft play area, sensory room, children’s toilets and accessible WC at Knowsley Central Primary School, Huyton be modified by increasing the pricing by £0.156m; and   (ii)       That the Procurement Team be authorised to issue the relevant contract modification documentation.   Do Nothing: This option was considered and rejected because it would result in the project being unable to progress or be completed in its intended form. The newly identified structural defects and low ceiling heights mean the existing structure cannot safely or compliantly accommodate the proposed soft play area, sensory room and associated facilities. Not modifying the contract would leave the area vacant and unusable, deny pupils access to much-needed specialist provision, and undermine the educational and inclusion objectives of the scheme, while also risking ongoing health and safety and maintenance issues for the school.   Seek Competition (Quotation / Tender): This option was considered and rejected as undertaking a new competitive exercise is not appropriate at this stage of the project. Marshall Property Construction Limited is the incumbent contractor, is performing satisfactorily, and is already fully mobilised on site with detailed knowledge of the building, design development, and the unforeseen structural issues identified following strip-out. Re-tendering would result in significant delays, additional costs associated with remobilisation and re-survey, and potential abortive works, adversely impacting the programme and the delivery of essential facilities for pupils. Modifying the existing contract therefore represents the most efficient and proportionate approach.   Other options: Other options were considered but rejected. Delivering the works in-house was not feasible due to the specialist construction requirements, structural remediation, and the need for coordination with M&E services and soft play equipment installation, which exceed internal capacity and expertise. Modifying the existing contract with a different supplier was also not practical, as no other contractor is currently mobilised on site or familiar with the project, meaning this would cause delays, increased costs, and potential quality and safety risks. Therefore, proceeding with the existing contract with the incumbent contractor remains the most efficient and effective option.  

Date of Decision: March 23, 2026