3.4.2 It is the unequivocally held view of the Inquiry that there were fundamental and widespread failures of the quality assurance processes of the various contractors and sub-contractors, who built or oversaw the building of the PPP1 schools, to identify and rectify both defective construction of the cavity walls and the omission of the proper incorporation of required masonry restraints and secondary steelwork.
3.4.3 Given the widespread nature of the presence of the same defective construction which was the primary cause of the collapse of the wall at Oxgangs school, in terms of varying cavity width and lack of embedment of wall ties, the Inquiry can only conclude that those responsible for the supervision and quality assurance of this work either did not inspect the work adequately or did inspect it and failed to take appropriate action to have it removed or remedied.
3.4.4 The significant number of defects reported in the surveys of fire-stopping in the PPP1 schools, which surveys were undertaken during the period of this Inquiry, raise further concerns as to the degree of scrutiny applied to the quality of construction, particularly in relation to such a critical aspect of construction.
3.4.5 The Inquiry is of the view that it was insufficient for public sector clients, with a responsibility to protect the safety of the communities they serve, to so largely rely on the quality assurance processes of contractors for confirmation that key aspects of the building impacting on the safety of users have been properly constructed. An appropriate level of independent scrutiny was missing.
3.4.6 It is completely possible and practical for appropriate levels of independent scrutiny, provided by a range of professionals, especially the use of Clerks of Works, to be incorporated into the more recent procurement methodologies used to procure public buildings. As will be expanded upon further, the role of Independent Certifier, certainly as undertaken on the PPP1 projects, did not provide the level of independent scrutiny of the quality of construction that this Inquiry considers both appropriate and prudent for clients to require.
3.4.7 From evidence provided to the Inquiry, it was clear, however, that misplaced assumptions were made by the Council and other parties regarding the level of assurance one could place on the quality of construction as a result of the role undertaken by the Independent Certifiers.
3.4.8 The appointment of the Independent Certifiers is a joint appointment between the parties to the Contract. How this role is undertaken in practice can vary significantly from project to project but as generally practised it in no way replicates the level of close on-going independent scrutiny or inspection of construction that is provided by a Clerk of Works service which, as circumstances would indicate, was required on these sites. Visits by Independent Certifiers to site and time spent by them on site are much less frequent and shorter than that provided by a project Clerk of Works and do not have the same detailed focus on the quality of construction.
3.4.9 Information provided by several Local Authorities in Scotland indicated that they had retained Clerks of Works to provide independent inspection of their PPP programmes for new schools. Several of those organisations who used Clerks of Works on their school building programmes expressed the benefits of doing so in their responses to the Inquiry. Edinburgh Council, in common with probably a significant majority of public sector clients undertaking PPP projects, did not appoint Clerks of Works to provide inspection services on the PPP1 schools.
3.4.10 While the presence of Clerks of Works cannot guarantee the absence of defects in building construction, there is no doubt in the view of the Inquiry that the use of experienced and properly resourced high quality Clerks of Works results in a much greater likelihood of defective work being identified before it is closed in. Secondly, the Inquiry is also of the opinion that the awareness by site operatives of the presence of Clerks of Works on site can impact positively on their approach to the quality of their work.