The survey was required to provide an objective record of the existing condition of the adjacent public highway and footways before construction activity progressed and to support the highway-related requirements of the project's Section 106 Agreement.
Construction activity can give rise to uncertainty over whether damage to the surrounding highway is pre-existing or has resulted from the works. A clear and auditable baseline was therefore needed to protect the interests of the client, contractor and highway authority, support compliance with the Section 106 requirement and provide a reliable basis for any later comparison or reinstatement discussion.
The survey also required careful coordination of the inspection limits and access arrangements so that the relevant carriageways, footways, kerbs and associated highway features could be recorded consistently and in sufficient detail.
Mayer Brown's highway engineers planned and completed a systematic visual inspection of the agreed survey area, following a logical route so that the condition record was complete, consistent and easy to review. Our role included:
The completed report was issued to the Client for submission to the Council. It provided a clear and concise record of the surveyed highway and footways, reduced exposure to claims relating to pre-existing defects, supported the project's planning obligations and created a clear basis for any future post-construction survey.
For further information, please contact Adrian Barnley at abarnley@mayerbrown.co.uk.
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