Chapter 50: Organisations involved in the refurbishment

¶50.1 In this chapter we describe the organisations principally involved in the refurbishment of Grenfell Tower and the people who acted on their behalf. The purpose of doing so is to provide a brief introduction to those engaged on the project and the nature of their involvement. A number of other organisations, not referred to here, played minor and uncontroversial roles of a kind that do not call for discussion at this stage. Their involvement will be described in later chapters as we come to discuss particular aspects of the work.

¶50.2 The refurbishment of a major building is a complex undertaking which requires the co‑operation of many different bodies, some with specialised skills and experience. In addition to the client, who ultimately controls the budget and determines the scope of the work, they usually include (and in this case did include) an architect, quantity surveyor, the principal building contractor and several sub-contractors. In this case other consultants were employed at different times and for different purposes. They included a mechanical and electrical services ("M & E") consultant, a fire engineering consultant, an employer's agent and a CDM co-ordinator. Others, such as the local authority building control office, were also directly involved in the project, although in a different way. Building control, in particular, had a responsibility to the public to ensure that those involved in the project complied with the requirements of the Building Regulations.

The client: Kensington and Chelsea Tenant Management Organisation

¶50.3 Although Grenfell Tower was owned by the Royal Borough of Kensington and Chelsea (RBKC), it was managed by the Kensington and Chelsea Tenant Management Organisation (TMO) under a modular management agreement. Although the decision to refurbish the tower was taken by RBKC, which provided the funds required for that purpose, the TMO acted as the client and in that capacity procured the services needed to carry out the project and oversaw its execution. The circumstances in which the TMO procured the services of the architect and the main contractor are discussed in Chapters 51, 52 and 53.

¶50.4 As client the TMO also incurred certain obligations under the CDM Regulations 2007 and 2015. They included ensuring that all designers were competent and adequately resourced.⁷⁹⁷⁹ CDM Regulations 2007{INQ00011315/4-5}Regulations 4 and 9; Approved Code of Practice to Construction (Design and Management) Regulations 2007, Managing Health and Safety in Construction (HSE) {INQ00013936/15-17} paragraphs 43 and 49-52; CDM Regulations 2015{INQ00011316/5-6} Regulation 4; Approved Code of Practice to Construction (Design and Management) Regulations 2015 {HSE00000003/16-18} paragraphs 29-36.Show full note

¶50.5 The people principally involved in negotiating the contracts for the refurbishment on behalf of the TMO and overseeing the project were: Mark Anderson Peter Maddison Paul Dunkerton David Gibson Claire Williams.

¶50.6 Mark Anderson was an architect by profession with experience of private practice before he became involved with social housing.⁸⁰⁸⁰ Anderson {TMO10048968/1} page 1, paragraph 6. He was appointed by the TMO as interim Director of Asset Investment and Engineering in March 2011 and following a redesignation of his role served as interim Director of Assets and Regeneration from April 2012 until January 2013.⁸¹⁸¹ Anderson {TMO10048968/1} page 1, paragraph 5. Mr Anderson was not employed as an architect by the TMO. He was responsible for the early stages of the refurbishment project which he later handed over to Peter Maddison when the latter was appointed to succeed him.

¶50.7 Peter Maddison was appointed by the TMO to the post of Director of Assets and Regeneration from January 2013.⁸²⁸² Maddison {TMO00000892/1} page 1, paragraph 2. In that role he took over primary responsibility for organising the refurbishment project at a strategic level for the TMO, including overseeing the engagement of consultants and the selection of the main contractor.

¶50.8 Paul Dunkerton was a freelance project manager for the TMO between late 2010 and early July 2013.⁸³⁸³ Dunkerton {TMO00000885/1} page 1, paragraph 5. He initially reported to Mark Anderson and later to Peter Maddison, taking on a more active role when he had no senior manager to whom to report.⁸⁴⁸⁴ Dunkerton {Day51/11:4-15}.

¶50.9 David Gibson was Head of Capital Investment at the TMO from February 2013 until the end of June 2016, reporting to Peter Maddison.⁸⁵⁸⁵ Gibson {TMO00000887/1-2} pages 1-2, paragraphs 2 and 8. As such he was responsible for assisting Mr Maddison in the development and delivery of the refurbishment project. Mr Gibson had been a registered architect between 1987 and 1991 and had had some previous experience of regeneration projects in the social housing sector.⁸⁶⁸⁶ Gibson {Day53/11:15-23}; Gibson {TMO00000887/1-2} pages 1-2, paragraphs 5-7; Gibson {TMO00879742/1} page 1, paragraph 3.

¶50.10 Claire Williams joined the TMO in September 2013 as project manager for the Grenfell Tower refurbishment. Once the work began, she became the primary point of contact with the main contractor. One of her tasks was to communicate with the residents of Grenfell Tower,⁸⁷⁸⁷ Williams {TMO00840364/4} page 4, paragraphs 18-19. having been appointed for her particular skill and experience in resident relations.⁸⁸⁸⁸ Williams {TMO00840364/2} page 2, paragraph 11; Williams {Day54/87:12}-{Day54/88:1}. She considered herself to be the TMO's project manager for the refurbishment,⁸⁹⁸⁹ Williams {Day54/80:23}-{Day54/81:9}; {Day54/101:7-12}. although there was some confusion about who, if anyone, was formally acting in that capacity.

The architect: Studio E

¶50.11 The architectural practice known as "Studio E" was appointed by the TMO for the Grenfell Tower refurbishment and provided professional services in respect of the project from about February 2012 to July 2016.⁹⁰⁹⁰ Kuszell {SEA00014271/9-10} page 9-10, paragraph 35; Sounes {SEA00014273/30} page 30, paragraph 58; Studio E {SEA00014232/2} page 2, paragraph 3.1. In Chapter 52 we describe the circumstances in which it came to be appointed, but for present purposes it is necessary to refer in a little more detail to the origin and structure of the practice.

¶50.12 Studio E Architects Limited ("SEAL") was founded in 1994 by Andrzej Kuszell and two others. A separate body in the form of a limited partnership, Studio E LLP ("SELLP"), was established by Mr Kuszell and his partners in 2007 but did not start trading until 2011.⁹¹⁹¹ Kuszell {Day6/16:7-16}. Thereafter, between 2011 and 2014, SEAL was effectively dormant⁹²⁹² Kuszell {Day6/18:15-18}. but it was revived in 2014 when SELLP became insolvent and ceased trading. Throughout this report we refer to the practice simply as "Studio E", except when it is necessary to identify the particular legal entity involved.

¶50.13 After the principal contractor had been appointed Studio E's services were transferred to it under a separate agreement between them. We discuss the circumstances under which that occurred and the terms of the resulting contractual arrangements in Chapter 63.

¶50.14 Studio E was represented in relation to its work on the Grenfell Tower refurbishment principally by the following persons:⁹³⁹³ Others at Studio E were also involved in the Grenfell Tower refurbishment from time to time. Andrzej Kuszell Bruce Sounes Neil Crawford Tomas Rek.

¶50.15 Andrzej Kuszell is a registered architect and a founding director of SEAL.⁹⁴⁹⁴ Kuszell {Day6/10:17} – {Day6/11:2}; Kuszell {SEA00014271/2} page 2, paragraph 3. During his career he worked in various sectors, including defence, commercial development and education work with an emphasis on education, sports and leisure centres.⁹⁵⁹⁵ Kuszell {Day6/11:3-18}. Mr Kuszell did not have day-to-day involvement with the Grenfell Tower project,⁹⁶⁹⁶ Kuszell {SEA00014271/2} page 2, paragraph 4. although he oversaw the provision of resources and took part in design reviews. He did not have any personal experience of overcladding an occupied residential building and no personal experience of refurbishing a high-rise building.⁹⁷⁹⁷ Sounes {Day6/173:14-16}; {Day6/11:19-22}.

¶50.16 Bruce Sounes studied architecture at the University of Natal at Durban in South Africa between 1989 and 1994. He completed the RIBA Part 3 examination and became a registered architect in 2000.⁹⁸⁹⁸ Sounes {Day6/169:2-3}; He commenced work in the UK as an Architectural Assistant in 1998 at KSR Architects: Sounes {Day6/167:17}-{Day6/169:1}. Before 2000, his experience had been predominantly in education, sports, and leisure projects.⁹⁹⁹⁹ Sounes {Day6/166:13-23}. He joined Studio E in the role of architect in 2000 and was promoted to the role of associate in 2005.¹⁰⁰¹⁰⁰ Sounes {Day6/170:3-19}; Kuszell (Day6/104:21-24}. Mr Kuszell said that it was not unusual for an associate to lead a project and that for a commission with a construction value of £1 million or more either a partner or an associate would do so.¹⁰¹¹⁰¹ Kuszell {Day6/105:5}-{Day6/107:13}. From July 2014, Neil Crawford took over day-to-day responsibility for the project from Mr Sounes, although Mr Sounes remained responsible for it and for supervising Mr Crawford's work.¹⁰²¹⁰² {SEA00014276}; Kuszell {Day6/124:5-10}; Crawford {Day9/22:15-20}. Mr Sounes did not have any experience of overcladding an occupied residential building, although he had gained some experience of an overcladding project when working on the Watford Woodside Leisure Centre.¹⁰³¹⁰³ Sounes {Day6/174:21-25}.

¶50.17 Neil Crawford had a degree and a post-graduate diploma in architecture¹⁰⁴¹⁰⁴ Crawford {Day9/4:9-15}. Neil Crawford studied at the Mackintosh School of Architecture between 1991 and 1997. but was not a registered architect because he had not completed the Royal Institute of British Architects Part 3 examination.¹⁰⁵¹⁰⁵ He had studied towards the RIBA Part 3 examination in London in 2007 but had not completed it: Crawford {Day9/5:19-22}. Between 1997 and 2009 he had worked at Foster + Partners, initially as a Part 2 graduate and later as an associate.¹⁰⁶¹⁰⁶ Crawford {Day9/10:2-11}. He joined Studio E in 2009 and soon became an associate.¹⁰⁷¹⁰⁷ Crawford {Day9/21:19-22}. From July 2014, he took over day-to-day responsibility for the project from Mr Sounes, although Mr Sounes continued to lead it.¹⁰⁸¹⁰⁸ {SEA00014276/7}; Kuszell {Day6/124:5-10}; Crawford {Day9/22:15-20}.

¶50.18 Mr Crawford worked on the Grenfell Tower refurbishment on a day-to-day basis.¹⁰⁹¹⁰⁹ Crawford {Day9/23:25}-{Day9/24:8}. } By October 2015, he had been made the project architect.¹¹⁰¹¹⁰ {SEA00013508}. He had some limited experience of commercial projects involving cladding and curtain walling but had not previously been involved in the overcladding of a high-rise residential building.¹¹¹¹¹¹ Crawford {SEA00014275/9} page 9, paragraph 21; Crawford {Day9/19:20}-{Day9/20:5}.

¶50.19 Tomas Rek was a registered architect who was employed by Studio E between December 2011 and December 2013.¹¹²¹¹² Rek {Day12/5:5-9}. Before joining Studio E he had worked mainly in the education sector.¹¹³¹¹³ Rek {Day12/8:18-20}. He started work on the Grenfell Tower refurbishment project on 18 September 2013.¹¹⁴¹¹⁴ Rek {SEA00014278/4} page 4, paragraph 9. Under the supervision of Mr Sounes, he developed the National Building Specification (NBS) specification for the project and the architectural drawings intended to form part of the tender documents.¹¹⁵¹¹⁵ Rek {SEA00014278/5} page 5, paragraph 14; Rek {Day12/11:17-20}. (The NBS is a computerised system designed to assist architects and other building professionals in describing the materials, standards and workmanship required on a construction project.) Studio E drafted three versions of the NBS Specification dated 21 November 2013¹¹⁶¹¹⁶ {SEA00000152}., 29 November 2013¹¹⁷¹¹⁷ {RYD00001712}. and 30 January 2014.¹¹⁸¹¹⁸ {SEA00000169}. The second and third of those were sent to tenderers.

The quantity surveyor, employer's agent and CDM co‑ordinator: Artelia

¶50.20 Appleyards Ltd had been appointed by the TMO as a consultant on the KALC project and as a result the TMO appointed it as quantity surveyor, employer's agent and CDM co‑ordinator for the Grenfell Tower project. In March 2012, Artelia Ltd bought Appleyards and thereafter Appleyards traded in the name of Artelia until 30 June 2015, when its business was formally transferred to Artelia.¹¹⁹¹¹⁹ Artelia {ART00005764/2} page 2, paragraph 4. In this report we refer to both entities as Artelia, unless the context requires otherwise.

¶50.21 A quantity surveyor is a surveyor trained in the particular skill of calculating the quantity and cost of materials required to carry out, or that have been used in carrying out, the whole or a particular part of a construction project. They may be used to estimate the cost of work, help manage costs during the course of the work and participate in agreeing the final account.¹²⁰¹²⁰ Cash {Day48/2:9-13}. Artelia agreed to provide quantity surveying services, including preparing an initial budget to test feasibility, preparing regular monthly cost reports as the project progressed and advising the TMO of any decisions required.¹²¹¹²¹ Artelia Agreement 2014 {ART00005742/55-58}. Simon Cash was its project director and had overall responsibility for the whole of Artelia's involvement in the refurbishment.¹²²¹²² Save for a brief period at the end of 2015 to early 2016; Cash {ART00006544/2} page 2, paragraph 4. He was a trained quantity surveyor and a Fellow of the Royal Institution of Chartered Surveyors.¹²³¹²³ Cash {ART00006544/2} page 2, paragraph 5.

¶50.22 The function of an employer's agent is to perform on behalf of the client various administrative tasks that have to be undertaken by it in relation to a project.¹²⁴¹²⁴ The Building Contract between Rydon and the TMO envisaged that an employer's agent would be appointed {RYD00094235/22} Articles (conformed copy). Philip Booth acted as employer's agent from about April 2013 until June 2015.¹²⁵¹²⁵ Booth {ART00008527/3} page 3, paragraph 12; Booth {ART00008527/5} page 5, paragraph 22. He left Artelia in April 2016.¹²⁶¹²⁶ Booth {Day49/113:7-8}. Neil Reed succeeded Philip Booth as employer's agent in March 2015.¹²⁷¹²⁷ Reed {ART00006663/2} page 2, paragraph 8. In July 2015, Neil Reed left Artelia to start his own business, Re Sol Group Limited (Re Sol), but continued to provide the services of employer's agent under a subcontract with Artelia.¹²⁸¹²⁸ Reed {ART00006663/2} page 2, paragraph 6; On 10 July 20215, Neil Reed for Re Sol proposed to perform the services of employer's agent, as set out in the 2015 Agreement {ART00007552}. On 28 July 2015, Artelia appointed Re Sol on the basis of that proposal to start from 1 August 2015 and continue to the issue of the certificate of Practical Completion {ART00006674}. In effect, Neil Reed left his employment at Artelia but continued working the same capacity on the refurbishment through his own consultancy business.Show full note

¶50.23 CDM co-ordinator (CDM-C) is a statutory role under the Construction (Design and Management) Regulations 2007 ("CDM Regulations 2007").¹²⁹¹²⁹ {INQ00011315}. The regulations required the TMO to appoint a CDM co-ordinator (CDM-C) for the Grenfell Tower project because of its size.¹³⁰¹³⁰ CDM Regulations 2007, Regulation 2(3) {INQ00011315/4}; CDM Regulations 2007, Regulation 14(1) {INQ00011315/8}. The CDM-C is required to assist and advise the client on the appointment of competent contractors, ensure that health and safety matters are properly co-ordinated during the design process, help communication and co-operation between project team members and prepare the health and safety file.¹³¹¹³¹ Approved Code of Practice to the CDM Regulations 2007{INQ00013936/24} paragraph 84; CDM Regulations 2007 {INQ00011315/10} Regulation 20(1)(a); reflected in 2014 Agreement: {ART00005742/61} clause 3; CDM Regulations 2007{INQ00011315/11} Regulation 20(2)(e); reflected in 2014 Agreement: {ART00005742/62} clause 11. Keith Bushell of Artelia was appointed to that role. Following the introduction of the Construction (Design and Management) Regulations 2015 (CDM Regulations 2015), Artelia's appointment as CDM-C terminated on 6 October 2015. On 8 October 2015, Simon Cash wrote to Peter Maddison to confirm that Artelia's appointment as CDM-C had terminated.¹³²¹³² {ART00006244}.

M & E consultant: Max Fordham

¶50.24 The TMO appointed Max Fordham LLP as building services engineers with effect from the summer of 2012. Andrew McQuatt was the lead project engineer.¹³³¹³³ McQuatt {MAX00017292} page 5, paragraph 19. Matt Cross Smith was a building services engineer who worked on the Grenfell Tower project as a graduate engineer.¹³⁴¹³⁴ Cross Smith {MAX00017304} pages 1-2, paragraph 4.

Structural engineer: Curtins Consulting Ltd

¶50.25 Curtins Consulting Limited (Curtins) was the consultant structural engineer for the Grenfell Tower project. Its contract was novated to Rydon by an agreement dated 25 April 2016 following that company's appointment as principal contractor.¹³⁵¹³⁵ {TMO10013954}.

Fire engineer: Exova (UK) Ltd

¶50.26 Exova (UK) Ltd, trading as Exova Warringtonfire (Exova), is a company specialising in fire safety, fire engineering and related matters. It had been employed as a consultant by Studio E in connection with the KALC project,¹³⁶¹³⁶ Sounes {SEA00014273/36} page 36, paragraph 73. and as a result, it was approached by the TMO to advise on the Grenfell Tower refurbishment.¹³⁷¹³⁷ TMO's procurement of Exova's services in respect of the Grenfell Tower refurbishment is explored in Chapter 54. Although it was retained by the TMO, it continued to send reports to Studio E.¹³⁸¹³⁸ Ashton {Day17/20:1-13}. There was no fresh tender or procurement exercise for fire engineering services for the Grenfell Tower project. Exova was used because it was known and trusted as a result of its work on the KALC project.

¶50.27 The TMO appointed Exova to produce a fire safety strategy for Grenfell Tower in its existing state (the "Existing Fire Safety Strategy")¹³⁹¹³⁹ See fee proposal dated 11 June 2012 {TMO10003884}. and a fire safety strategy for the building in its refurbished condition (the "Outline Fire Safety Strategy").¹⁴⁰¹⁴⁰ See fee proposal dated 9 May 2012 {ART00000026}. Its appointment was not novated to Rydon after that company had been appointed as principal contractor and it therefore continued as a consultant to the TMO.¹⁴¹¹⁴¹ {ART00002255/4}; Ashton {EXO00001621/14} page 14, paragraphs 5.9 – 5.10; Ashton {Day16/117:2-10}; {Day17/185:2-3}; {Day16/117:2-10}; {Day17/187:7-10}. However, as discussed in Chapter 54, there was a confusion in some people's minds about Exova's position following Rydon's appointment that was never properly clarified.

¶50.28 In relation to its work on the Grenfell Tower refurbishment Exova was represented principally by the following persons: James Lee Cate Cooney Dr Clare Barker Terence Ashton Dr Tony Pearson.

¶50.29 For a brief period, James Lee was involved with the project until he left the company in late July 2012. He attended a design team meeting on 19 April 2012¹⁴²¹⁴² {TMO10001143}; {EXO00001740/2} page 2, paragraph 3.3. and visited the tower briefly on 29 May 2012.¹⁴³¹⁴³ Lee {EXO00001740/3} page 3, paragraph 3.6; {EXO00000802}. He provided Studio E with a series of marked-up drawings and comments in respect of the proposed refurbishment works¹⁴⁴¹⁴⁴ Lee {EXO00001740/3}; page 3, paragraph 3.7; {EXO00001750}. and prepared a fee proposal for Studio E for the production of the Existing Fire Safety Strategy.¹⁴⁵¹⁴⁵ Lee {EXO00001740/3}; page 3, paragraph 3.10; {TMO10037721}.

¶50.30 At the time Exova was appointed Dr Clare Barker was a principal fire engineer in Exova's Warrington office and a member of the Institute of Fire Engineers.¹⁴⁶¹⁴⁶ Barker {Day15/7:1-5}. She attended a project meeting on 26 July 2012,¹⁴⁷¹⁴⁷ Barker {EXO00001603/2} page 2, paragraph 3.4; {EXO00000242}; {EXO00001620} shortly before Exova was instructed to provide the Existing Fire Safety Strategy. She asked another employee, Cate Cooney, to prepare a first draft,¹⁴⁸¹⁴⁸ {EXO00001620/4}; Barker {EXO00001603/3} page 3, paragraph 3.10; Cooney {EXO00001590/2} page 2, paragraph 3.3; Cooney {Day14/27:15-21}; Barker {Day15/9:20-24}; {Day15/41:20-25}. which she later reviewed.¹⁴⁹¹⁴⁹ Barker {EXO00001603/3} page 3, paragraphs 3.13-3.14; Cooney {EXO00001590/3} page 3, paragraph 3.9.

¶50.31 Cate Cooney had joined Exova in 2011 after spending eight years working in building control. By 2012 she had reached the position of senior consultant. At the request of Dr Barker, she prepared the first draft of the Existing Fire Safety Strategy. She also provided some advice to Bruce Sounes of Studio E in relation to the refurbishment proposals.¹⁵⁰¹⁵⁰ {EXO00000655}.

¶50.32 Terence Ashton had joined Exova in 1989 as a principal consultant after 25 years in building control. He was based at Exova's London office, where he was an associate in the fire engineering department¹⁵¹¹⁵¹ Ashton {Day16/23:23-25}; {Day16/24:1-2}; {Day16/24:6-8}; Ashton {EXO00001621/2} page 2, paragraph 2.3. and acted as office manager.¹⁵²¹⁵² Pearson {Day19/4:5-10}. He had no formal qualifications in fire engineering. He had worked on high-rise residential buildings but had no experience of overcladding projects.¹⁵³¹⁵³ Ashton {Day16/29:1-8}. He did not have the expertise to carry out highly technical fire engineering analyses, such as determining how particular materials are likely to behave in a fire, and would have called on his colleagues in Warrington for assistance if had he been asked to do one.¹⁵⁴¹⁵⁴ Ashton {EXO00001621/3} page 3, paragraph 3.4; Ashton {Day17/94:7-20}. He said he would also have called on his testing colleagues within Exova if he needed further advice, for example, on a new type of insulation coming on to the market. He saw his primary role as being to ensure compliance with the Building Regulations.¹⁵⁵¹⁵⁵ Ashton {Day16/64:7-13}. Following James Lee's departure from the company in July 2012, Terence Ashton assumed overall responsibility for Exova's work on the Grenfell Tower refurbishment.

¶50.33 In 2013, Mr Ashton was aware that Approved Document B contained an express warning that the use of combustible materials in cladding systems and the existence of extensive cavities might present a risk to health and safety in tall buildings.¹⁵⁶¹⁵⁶ Ashton {Day17/87:3-8}; {CLG00000224/95} page 95, paragraph 12.5. Although he was aware of the existence of BR 135, he had not read it from cover to cover and it did not occur to him to read it before starting work on the Grenfell Tower project.¹⁵⁷¹⁵⁷ Ashton {Day17/77:14-19}. Mr Ashton was aware that serious fires had occurred both in the UK and overseas as a result of the use of inappropriate materials (although he was not aware of the fire at the Lacrosse Building in Melbourne) and was therefore aware that combustible cladding should not be used on high-rise buildings.¹⁵⁸¹⁵⁸ Ashton {Day18/82:1-10}. He had not encountered the use of composite metal panels, apart from one particular composite panel with a polyethylene core.¹⁵⁹¹⁵⁹ Ashton {Day17/88:1-7}. However, he did not envisage that material of that kind would be used on high-rise buildings. He knew that polyethylene was a highly combustible substance and was aware, at least subconsciously, that panels containing polyethylene could exacerbate the spread of fire over the exterior wall of a building.¹⁶⁰¹⁶⁰ Ashton {Day17/89:2-7}.

¶50.34 Dr Tony Pearson joined Exova in 2008 as a graduate. In 2013 he was promoted to senior consultant¹⁶¹¹⁶¹ Pearson {Day19/3:2-5}; Pearson {EXO00001753/2} page 2, paragraph 2.2. and remained in that role until he left the company in January 2016.¹⁶²¹⁶² Pearson {EXO00001753/2} page 2, paragraph 2.2. Before he started working on the Grenfell Tower project Dr Pearson had had no experience of refurbishing high-rise residential buildings and very little experience of overcladding projects.¹⁶³¹⁶³ Pearson {Day19/7:17-25}.

Clerk of works: John Rowan & Partners

¶50.35 The TMO engaged John Rowan & Partners to provide a limited range of clerk of works services during the refurbishment. John Rowan is a construction consultancy offering a variety of services to the construction industry, including site monitoring and supervision or clerk of works services.¹⁶⁴¹⁶⁴ Virdee {JRP00000333/2} page 2, paragraphs 7-8; Virdee {Day43/4:14-21}. Those principally involved were Gurpal Virdee, the managing partner since August 2016,¹⁶⁵¹⁶⁵ Virdee {Day43/3:2-8}. and Jonathan ("Jon") White, who was an experienced clerk of works.

¶50.36 The functions that John Rowan were required to perform were more limited than those that would be performed by a traditional clerk of works.¹⁶⁶¹⁶⁶ Virdee {JRP00000333/2} page 2, paragraphs 11-12; Virdee {JRP00000333/3} page 3, paragraph 17; Virdee {JRP00000333/5} page 5, paragraph 24; Virdee {JRP00000333/7} page 7, paragraph 28; Virdee {JRP00000333/8} page 8, paragraph 32; Virdee {JRP00000333/12-13} pages 12-13, paragraph 51; White {JRP00000330/2-3} pages 2-3, paragraphs 13-17; White {JRP00000330/5} page 5, paragraph 43. See also oral evidence, Virdee {Day43/19:7}-{Day43/20:1}; with which Claire Williams agreed, Williams {Day55/202:5-22}.Show full note In effect, they were employed to act as site inspectors or site monitors¹⁶⁷¹⁶⁷ White {JRP00000330/2} page 2, paragraph 13. and were expected to focus a lot of attention on the residents.¹⁶⁸¹⁶⁸ White {Day42/173:7-10}; Williams {Day56/35:9}-{Day56/37:14}; {Day56/45:16}-{Day56/47:9}.

The principal contractor: Rydon

¶50.37 The TMO appointed Rydon Maintenance Ltd ("Rydon") as principal contractor under a contract on the JCT Design and Build Contract form 2011 with amendments.¹⁶⁹¹⁶⁹ {RYD00094235} (conformed copy). As principal contractor, Rydon was responsible for all aspects of the refurbishment project, including its design, compliance with the Building Regulations and other statutory requirements. The refurbishment division of Rydon, led by its Refurbishment Director, Stephen Blake, was responsible for the project. We describe the circumstances in which Rydon came to be appointed in Chapter 53.

¶50.38 Those principally involved in the refurbishment on behalf of Rydon were: Stephen Blake, the Refurbishment Director Simon Lawrence, one of the contract managers Simon O'Connor, a project manager David Hughes, a site manager Gary Martin, a site manager Daniel Osgood, a site manager Zak Maynard, the commercial manager.

¶50.39 Stephen Blake was Refurbishment Director throughout the project.¹⁷⁰¹⁷⁰ Blake {Day28/4:10-11}. He assumed the role of contract manager in October 2015 following the departure of Simon Lawrence to see the project through to completion and was the most senior Rydon employee to be directly involved in the Grenfell Tower refurbishment.¹⁷¹¹⁷¹ Blake {RYD00094225/7} page 7, paragraph 4.8.

¶50.40 Simon Lawrence was the contracts manager responsible for the refurbishment from its inception until October 2015. As such he was the most senior Rydon employee with day-to-day involvement in and responsibility for the project.¹⁷²¹⁷² Lawrence {Day22/16:3-9}. When he left Rydon in 2015 Stephen Blake took over his role.

¶50.41 Simon O'Connor was project manager for the refurbishment until September 2015.¹⁷³¹⁷³ O'Connor {RYD00094221/1-2} pages 1-2, paragraph 3. He had worked for Rydon since September 2002, progressing from foreman to site manager and then to project manager.¹⁷⁴¹⁷⁴ O'Connor {Day26/3:19} The Grenfell Tower refurbishment was the first project for which he had taken on the role of project manager.¹⁷⁵¹⁷⁵ Blake {Day28/29:19-22}. It was his task to manage the day-to-day running of the project on site.¹⁷⁶¹⁷⁶ O'Connor {RYD00094221/1-2} pages 1-2, paragraph 3.

¶50.42 David Hughes was employed by Rydon as a site manager for the Grenfell Tower project from October 2015 until its completion.¹⁷⁷¹⁷⁷ Hughes {RYD00094213/5} page 5, paragraph 22. He had worked for Rydon since November 2001, after graduating with a degree in civil engineering from Plymouth University.¹⁷⁸¹⁷⁸ Hughes {Day27/3:19-22}.

¶50.43 Gary Martin was employed by Rydon as a site manager on the Grenfell Tower project from May 2014 until its completion. Before joining Rydon he had worked for another company as a site manager on residential refurbishment projects.¹⁷⁹¹⁷⁹ Martin {Day30/4:4}.

¶50.44 Daniel Osgood had joined Rydon in March 2014, starting in the role of temporary site manager.¹⁸⁰¹⁸⁰ Osgood {RYD00094212/1} page 1, paragraph 3. He was employed by Rydon as a site manager on the Grenfell Tower refurbishment from April 2015 until July 2015, when he was moved to work on a different project.¹⁸¹¹⁸¹ Osgood {RYD00094212/1} page 1, paragraph 3; Osgood {Day30/100:3-5}. At the time of the Grenfell Tower project, he had worked as a site manager for over 10 years.¹⁸²¹⁸² Osgood {Day30/94:14-16}.

¶50.45 Zak Maynard was Rydon's commercial manager, responsible for all financial aspects of the project,¹⁸³¹⁸³ Maynard {Day31/7:9-14}. including the management of a team of several surveyors, the allocation of work packages to subcontractors, controlling budgets, assessing the financial implications of changes to the works and liaison with the employer's agent.¹⁸⁴¹⁸⁴ Maynard {RYD00094346/1} page 1, paragraphs 4-6; Maynard {Day31/7:7}-{Day31/18:11}.

¶50.46 Although it took responsibility for all aspects of the design and execution of the works, Rydon did not employ within its organisation people with all the skills and expertise required to discharge its contractual obligations. As is common in the construction industry, it preferred to delegate the discharge of its responsibilities to a host of subcontractors, regarding itself as little more than the conductor of a large and varied orchestra of players. Later in the report we shall refer to the following subcontractors who were employed by Rydon on the refurbishment: Harley Curtain Wall and Harley Facades J S Wright & Co Ltd S D Plastering Ltd S D Carpentry Ltd.

The facade sub-contractor: Harley

¶50.47 Harley Curtain Wall ("Harley CW") was established in 1996 by Ray Bailey to carry on the business of designing and installing facades of buildings under construction. By 2013, Harley employed about 16 people,¹⁸⁵¹⁸⁵ Ray Bailey {HAR00010184/3} page 3, paragraph 9. but none of them had any formal qualifications in facade engineering.¹⁸⁶¹⁸⁶ Ray Bailey {Day32/11:16-20}. Mr Bailey had been involved in several projects on high-rise residential buildings which had used ACM rainscreen panels before Harley undertook the work on Grenfell Tower.¹⁸⁷¹⁸⁷ Ray Bailey {HAR00010184/3} page 3, paragraph 10 and Ray Bailey {Day32/13:20}-{Day32/14:12}. Premier House, Castlemaine Tower, Clements Court, Ferrier Point, Chalcots Estate and Little Venice. It was Harley's practice to subcontract much of the work it undertook, including design, manufacture and the installation of the facade itself.¹⁸⁸¹⁸⁸ Ray Bailey {Day32/12:11}-{Day32/13:5}.

¶50.48 Harley Facades was established in 2000, also by Ray Bailey. He had originally intended to use the two Harley companies on separate projects,¹⁸⁹¹⁸⁹ Ray Bailey {HAR00010184/2} page 2, paragraph 7. but in the event Harley Facades remained dormant until 2015 when Harley CW went into administration. At that point it took over the work on the Grenfell Tower project.¹⁹⁰¹⁹⁰ Ray Bailey {HAR00010184/2} page 2, paragraph 7. In Chapter 65 we describe how Harley came to be appointed and the key terms of its contract with Rydon. For present purposes it is sufficient to say that Harley was contractually responsible to Rydon for all aspects of the design and construction of the facade of Grenfell Tower, including the cladding, insulation, window frames, window infill panels, glazing and cavity barriers.

¶50.49 The people principally involved in the project on behalf of Harley were: Ray Bailey Mark Harris Mike Albiston

¶Daniel Anketell-Jones Ben Bailey.

¶50.50 Ray Bailey was the founder of the Harley companies and was in overall control of the business. Mr Bailey graduated with a degree in civil engineering from Salford University in 1981 following which he worked for a number of companies in which he gained experience of all aspects of building envelopes, including design, manufacturing and installation.¹⁹¹¹⁹¹ Ray Bailey {HAR00010184/1-2} pages 1-2, paragraph 4. He had no formal qualifications in facade engineering.¹⁹²¹⁹² Ray Bailey {HAR00010184/2} page 2, paragraph 5.

¶50.51 Mark Harris was a self-employed consultant in the field of commercial glazing and cladding appointed by Harley to assist with the Grenfell Tower project.¹⁹³¹⁹³ Harris {HAR00010159/2} page 2, paragraph 7. He had been working exclusively for Harley since about 2011 and his experience lay mainly in the field of sales and developing business connections.¹⁹⁴¹⁹⁴ Harris {Day43/9:16-20}; Harris {HAR00010159/2} page 2, paragraph 8. By the time he became involved in the refurbishment of Grenfell Tower Mark Harris had been involved in several projects on which ACM panels had been used.¹⁹⁵¹⁹⁵ Harris {HAR00010159/2} page 2, paragraph 9; Harris {Day34/34:23}-{Day34/35:19}. Mr Harris told Bruce Sounes at Studio E in an email: "Over-cladding tower blocks is very much what we do…". He attached project information sheets for Castlemaine Tower, Chalcots Estate and Clements Court {SEA00007603} dated 25 April 2013.

¶50.52 Mike Albiston was Harley's senior estimator for the Grenfell Tower project. His main contribution was assisting in the production of Harley's tender for the work of designing and constructing the facade, which began in December 2013.¹⁹⁶¹⁹⁶ Albiston {HAR00010151/3} page 3, paragraph 9.

¶50.53 Daniel Anketell-Jones had been engaged by Harley as a project engineer in November 2006¹⁹⁷¹⁹⁷ Anketell-Jones {Day35/114:4-11}. and had been promoted to the role of design manager by the time Harley began work on the Grenfell Tower project.¹⁹⁸¹⁹⁸ Anketell-Jones {Day35/114:4-11}. His main duties were to appoint a designer and monitor the progress of the design work until a project manager had been appointed. Between 2014 and 2017, while employed by Harley, he obtained an MSc in structural engineering and began studying for an MSc in facade engineering,¹⁹⁹¹⁹⁹ Anketell-Jones {HAR00010149/2} page 2, paragraph 7. but he had not received any instruction in the fire performance of facades until after he had left Harley and his involvement in the Grenfell project had come to an end.²⁰⁰²⁰⁰ Anketell-Jones {Day35/116:6-18}. During his time at Harley Daniel Anketell-Jones had been involved in a design capacity in two previous high-rise overcladding projects.²⁰¹²⁰¹ Anketell-Jones {Day35/143:16}-{Day35/144:3} Ferrier Point and Little Venice. While working on the Grenfell Tower refurbishment he also worked on two other Harley projects.²⁰²²⁰² Anketell-Jones {Day35/125:12-14}; Anketell-Jones {HAR00010149/2} page 2, paragraph 9. Trinity Square and Compass House.

¶50.54 Ben Bailey is the son of Ray Bailey. He was employed by Harley as project manager for the Grenfell Tower refurbishment but had not been involved in that capacity on any previous project.²⁰³²⁰³ Ben Bailey {HAR00010060/3} page 3, paragraph 9. He had worked for Harley from time to time while at school and university and had been taken on as a site manager following his graduation in 2013.²⁰⁴²⁰⁴ Ben Bailey {Day39/3:25}-{Day39/4:6}. Until about May 2017, Ben Bailey continued to be involved intermittently in the Grenfell Tower project when maintenance requests or problems with snagging required attention.²⁰⁵²⁰⁵ Ben Bailey {HAR00010060/3} page 3, paragraph 8. When he started work on the Grenfell Tower project Ben Bailey had no previous experience of managing the refurbishment of a high-rise residential building.²⁰⁶²⁰⁶ Ben Bailey {Day39/12:4-9}.

Harley's subcontractors

¶50.55 Harley engaged the following as sub-contractors: Kevin Lamb, to produce designs and construction drawings CEP Architectural Facades Ltd, to fabricate and supply ACM rainscreen cassette panels Osborne Berry Installations Ltd, to install the cladding.

¶50.56 Kevin Lamb was a self-employed designer of curtain walling and cladding, including glazing and rainscreen systems. He was engaged by Harley for the Grenfell Tower project in August 2014,²⁰⁷²⁰⁷ Lamb {HAR00010419/3} page 3, paragraphs 12-15. having previously worked for it on one other project as a freelance draftsman.²⁰⁸²⁰⁸ Lamb {HAR00010419/3} page 3, paragraph 12. Mr Lamb had previously produced preliminary schematic drawings for the Chalcots Estate refurbishment undertaken by Harley.²⁰⁹²⁰⁹ Lamb {Day37/67:6-14}; Lamb {HAR00010419/3} page 3, paragraph 12.

¶50.57 CEP Architectural Facades Ltd (CEP) was appointed by Harley as a subcontractor to fabricate and supply the rainscreen panels and glazing units for the Grenfell Tower refurbishment. Geof Blades was a director from 2004 until 2013, when CEP was sold.²¹⁰²¹⁰ Blades {Day41/5:12}. After that, he remained with the company as national glazing manager until 2016, when he became commercial projects manager. He retired in 2018.

¶50.58 CEP entered into six contracts with Harley between October 2014 and November 2015 for the fabrication and supply of rainscreen cladding panels and window units for Grenfell Tower.²¹¹²¹¹ {CEP000000447}; {CEP000000469}; attaching {CEP000000470}; {CEP000000471}; {CEP000000472}; {CEP000000492}; {CEP000000512}; attaching {CEP000000513}; {CEP000000527}; {CEP000000528}; attaching {CEP000000529}; {CEP00053848}; {CEP000005833}; {RYD00040435}; {CEP000000616}; {CEP000000617}; {CEP000007550}; {CEP000001124}; {CEP000001168}. In addition, after Harley Curtain Wall had gone into administration, in September 2015 CEP entered into a contract with Rydon for the supply of Reynobond PE 55 panels.²¹²²¹² {CEP000000693}.

¶50.59 Osborne Berry Installations Ltd was established by Mark Osborne and Grahame Berry in 2002 as a corporate vehicle for their business of installing windows and cladding on buildings under construction or in the course of refurbishment.²¹³²¹³ Berry {OSB000000084/1} page 1, paragraph 1. Osborne Berry had worked for Harley on many previous occasions and was engaged by Harley to install the facade, including the windows, cavity barriers, cavity wall insulation and the rainscreen panels.²¹⁴²¹⁴ Berry {OSB000000084/1} page 1, paragraph 3; Ray Bailey {HAR00010184/24} page 24, paragraph 97; Berry {OSB000000084/2} page 2, paragraph 9; Berry {OSB000000084/3} page 3, paragraph 12; Berry {OSB00000091/9} page 9, paragraph 15; Osborne {OSB00000090/8} page 8, paragraph 15. Osborne Berry's package of work did not include refurbishment of the internal window reveals/internal window trimming. That work was undertaken by SD Plastering. Osborne Berry was also instructed by Harley to undertake some measurements of Grenfell Tower – see Osborne {Day43/88:14-21}; Osborne {Day43/89:1}-{Day43/90:3}; Osborne {Day43/92:11}-{Day43/93:1}; Berry {MET00019985/1-2}; Osborne {OSB00000090/4} page 4, paragraph 7.Show full note The company engaged self-employed fitters to carry out the work.

¶50.60 There was no written contract between Harley and Osborne Berry²¹⁵²¹⁵ Berry {OSB000000084/3} page 3, paragraph 12; Ray Bailey {Day33/178:22-25}. Osborne Berry had never had any standard terms in the past that ever formed the basis of Osborne Berry's contracts with Harley, Berry {Day44/15:6‑13}. and no document exists which sets out the terms on which Osborne Berry was engaged to carry out the work, the scope and content of that work, the standard to be applied or any programme for the works. Grahame Berry said that there may have been some conversations with Ray Bailey about a programme of works, but not about the quality or the standard of workmanship.²¹⁶²¹⁶ Berry {Day44/13:4-19}; {Day 44/14:1-3}. Ray Bailey said that it was not uncommon for Harley to appoint subcontractors without any written contract.²¹⁷²¹⁷ Ray Bailey {Day33/179:2-4}.

Other sub-contractors of Rydon

¶50.61 SD Plastering Limited (SDP) was incorporated in 2002. It was a company that mainly provided dry-lining services.²¹⁸²¹⁸ Dixon {SDP00000196/2} page 2, paragraphs 6-7; Dixon {Day44/94:14-18}; Dixon {Day44/129:3-11}. Rydon sub-contracted a package of work to SDP, most of which comprised dry-lining, plastering, remodelling and ceiling works to the lower floors of the tower.²¹⁹²¹⁹ Dixon {MET00056695}; Dixon {Day44/100:10-14}. In about February 2015, Rydon asked SDP to assist in designing the internal window linings and to carry out the work on the refurbishment of the internal window reveals.²²⁰²²⁰ {RYD00032519}. Rydon subsequently sub-contracted the work on the internal window reveals of the newly refurbished windows to SDP.²²¹²²¹ Dixon {SDP00000196/4-5} pages 4-5, paragraphs 19- 20; Dixon {SDP00000196/5}; {SDP00000189}; Cole {SDP00000220/3} page 3, paragraphs 15-16.

¶50.62 Rydon employed J S Wright & Co Ltd to carry out the mechanical and electrical works which included the design and supply of a new smoke control and ventilation system for Grenfell Tower. J S Wright employed PSB UK Limited to design and install the smoke control and ventilation system.

Building Control

¶50.63 Building control functions were carried out by RBKC's building control department. John Allen had joined RBKC as an assistant district surveyor in 1996. By the time he became involved in the refurbishment in 2012, he was Head of Special Projects and was subsequently promoted to Building Control Manager in September 2013.²²²²²² Allen {RBK00033930/1} page 1, paragraphs 2-3; He took voluntary redundancy in early June 2017 but was asked to carry on his role after the fire before leaving RBKC 2018, Allen {Day47/4:24}-{Day47/5:13}. He was directly involved in giving advice on the refurbishment in 2012 and 2013 before any application had been submitted. John Hoban took over responsibility for Grenfell Tower in about December 2013.²²³²²³ {SEA00010232}. Between 2014 and 2016 as Mr Hoban's manager Mr Allen continued to be involved in the refurbishment and in due course the completion certificate for the refurbishment was issued in his name as Head of Building Control.²²⁴²²⁴ Completion Certificate {RBK00018811}; Allen {Day47/187:10}-{Day47/188:2}.

¶50.64 John Hoban was a senior surveyor in RBKC's building control department between 1986 and March 2017, when he retired.²²⁵²²⁵ {RBK00050415}. He holds BTEC ordinary and higher certificates in building studies. He worked as a junior technical officer in the Building Regulations division and from 1979 to 1986 as a technical assistant in the District Surveyor's office of the Greater London Council.²²⁶²²⁶ {RBK00050415}; Hoban {Day45/10:7-24}. At the time of the refurbishment he was an associate member of the Chartered Association of Building Engineers.²²⁷²²⁷ Hoban {Day45/12/24}-{Day45/13:9}. The refurbishment was the first project on which he had to deal with the overcladding of an occupied high-rise residential building.²²⁸²²⁸ Hoban {Day45/91/3-7}.

¶50.65 Paul Hanson was a senior building control surveyor (Fire Regulations) who acted as a consultant to the building control surveyors.

¶50.66 Jose Anon joined the building control department as a surveyor in 1989.²²⁹²²⁹ Anon {RBK00029897/2} page 2, paragraph 6. In 2013 he was promoted to Deputy Building Control Manager.²³⁰²³⁰ Anon {RBK00029897/2} page 2, paragraph 6. He was not involved in the refurbishment, save for one site visit on 17 April 2015.²³¹²³¹ Anon {RBK00029897/8-9} pages 8-9, paragraphs 37-44.