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Diagnosis and Repair of Water Seepage (Part 3 of 3)Evaluation of Various Seepage Repair Methods through a Post-Repair Survey
Sr Matthew TM ChanMBA, MHKIS, PFM
Sr Danny PM ChengFHKIS, RPS(BS), AP(Surveyor)
BACKGROUND
Seepage can come rom dierent sources and exist in variousorms, including foor seepage due to waterproong ailure,external wall seepage due to rain penetration, internal wallseepage through bathroom dry wall partitions, embeddedpipe leakage, etc. Among the various orms o seepage,loor seepage usually presents the greatest problem, as itinvolves upper and lower fats, while disturbing recticationworks are oten required or the upper lat instead o thecomplainants fat.
There are three comparatively common seepage repairmethods in dealing with loor seepage. These methodsare tanking (a complete re-laying o the waterprooinglayer), chemical injection, and deep penetration chemicaltreatment. All have been used or many years. In theollowing paragraphs, we shall look at the specications andeectiveness o each repair method.
SPECIFICATION OF THE REPAIR METHODS
The recommended specications or the three methods aredescribed below:
(a) Tanking system
- Fast-setting character or occupied fats;- cementitious system, coating, or screeding type is oten
needed or ast-setting purposes and or existing dampsubstrate; thereore, those cold cure fexible membranetypes are not suitable or seepage cases;
- existing foor drains, i removed, should be replaced bywell-tted replacements;
- the proprietary waterprooing system should havea waterprooing layer or it should penetrate andcrystallize into the substrate capillaries/pores and blockthe passage o water;
- suitable or verticalsuraces i appliedto walls;
- capable o sealingstatic cracks andcapillaries;
- compatible andbonds well with allsuraces; and
- complies with Air
Pollution Control(VOC) Regulations.
(b) Chemical Injection
- Polyurethane or other suitable resin;- reacts with water;- i polyurethane is used, it shall oam up to ll in voids/
cracks and the oam shall be o a closed cell structure;- able to seal hairline cracks smaller than 0.5mm;- viscosity should not exceed 700mPas at 20 degrees;- minimal shrinkage or elastic injection materials and no
shrinkage or semi-rigid or rigid injection materials;- non-fammable and can be painted on;- non-toxic and does not constitute a saety hazard to
operatives and occupants;- or crack repairs, drill holes beside the cracks at 45
degrees inclined rom the crack surace to a depth ohal the thickness o the ceiling slab and at intervals oabout 150mm c/c;
- or porous concrete repairs, drill holes vertically atintervals o about 100mm c/c and at a depth o hal thethickness o the slab; and
- apply the second injection ater the rst injection unless
otherwise recommended by the manuacturer.
Waterproong layer to the foorand skirting o a toilet
(c) Deep penetration chemical treatment
- For waterproong materials based on Silane/Siloxane/Silicone technology (perhaps in combination witha silicate penetrating material), the recommendedminimum content o Silane should be at least 35% (useo Trimethoxysilane is not permitted);
- water-based, odourless, and o low VOC not exceeding
100g/L;- suitable or tiled and slightly damp suraces;
Injection packers drilled into the concrete on both sideso the identied crack
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EVALUATION OF THE EXISTING SEEPAGE REPAIR
METHODS
In order to systematically appraise the perormance othese three common methods, a large scale evaluation wasconducted in 2010 by re-visiting some 255 fats with repairs
done in the immediate past our years and recording thedampness readings with moisture meters. This large scaleevaluation covered 61 estates and 255 fats.
EFFECTIVENESS OF THE VARIOUS REPAIR METHODS
First, it is necessary to dene the term success rate, whichis quoted in the evaluation results below. The rate excludesall moderate and serious seepage cases, but include verymild seepage cases, since very mild seepage is unlikely toproduce any visible deect or nuisance to tenants due to theminute amount o moisture present in the concrete, whichnormally could only be detected with a moisture meter.Based on the large scale survey results, the ollowing ndings
are revealed:
(a) The tanking method, with a success rate o about 80%,is regarded as a practical and comprehensive repairchoice although there is certainly room or improvement,as we ound that many unsuccessul cases were likelyrelated to poor workmanship and diiculty in treatingthe waterproong around the pipe penetrations or foordrains, even i the material actor could not be excluded.
(b) Chemical injection had an unexpectedly high successrate o 85%, suggesting that this method is reliable ithe situation is appropriate or employing it. The results
also showed that perormance did not deteriorate withtime (at least not during the our-year period). One
When considering which repair option to adopt, apart rompondering the eectiveness o each method, the extent andnature o the seepage (whether it is local or extensive) shouldalso be taken into account.
Tanking is more eective or generalized foor slab seepage,but involves more disruptive work. Localized seepagecould be resolved with less disturbing methods, includingchemical injection, deep penetration treatment, high lowgrouting around the pipe plinth/foor drain, the replacemento embedded leaking drains, etc. Diagnosing the sourceo seepage would help one select the most suitable repair
method and is the most important rst step in resolving theseepage nuisance.
Spray deep penetrating sealer on the existing mortar pointing
High fow waterproong grout
- achieves early waterprooing properties (appliedsurace should re-open in six hours) and displays earlyresistance to wash o;
- non-toxic and does not constitute a saety hazard to
operatives and occupants;- removes dirt, grease, and loose materials rom suracesto which it is applied;
- ixes cracks and tile joints made good by proprietarymaterial prior to its application; and
- is applied in two or three coats as per manuacturersinstructions.
possible reason or the high success rate could be thatsite inspectors precluded the use o this method orserious seepage cases. Despite the methods proveneectiveness at stopping water leakage rom above, any
trapped moisture above the grouted layer o the ceilingslab may lead to a deterioration o the concrete structurein the long term.
(c) Deep penetration treatment tends to be more eectiveat stopping wall seepage (94%) than loor seepage(67%). Among the three methods, this has been usedthe least, as the odour it produces oten leads occupantsto reject it. Since many suppliers now produce odour-ree alternatives, this method could be reconsidered ithe seepage is mild and the condition o loor inish issuitable or its application.
(d) The success rates o the various repairs should be taken
or broad reerence only, as they could have been aectedby many actors like workmanship, source o seepage,site restraints, etc. Since then, we have reviewed therepairs speciications and quality control veriicationrequirements and believe that the success rates will go upin the uture.
CONCLUSION
Apart rom the above three methods, other localized repairmethods have emerged in recent years. They include thepipe plinth jacket, which covers the pipe plinth with a layero high fow waterproong grout to seal up localized cracks
or gaps around pipe penetration areas.
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Interpretation of Construction Contracts:No New Thing under the Sun (Part II)
Mr Eric ChungBarrister-at-LawFHKIS, FRICSPast Chairman of the Quantity Surveying Division of HKIS
In the second part o his article below, Mr Chung continues
his analysis o the ollowing waiver provision:
SCC-20(6)(4) The Main Contractor also hereby irrevocably
waives any right to direct loss and/or expense and any
other claims (including claims or damages) arising
rom any circumstances or the rst 90 calendar days oextension o time granted by the Project Manager
The objective theory of English contract law
Unlike contract law in France and many other European
countries, English contract law is based on the objective
theory. This theory was trenchantly expressed by Lord
Homann in the recent case o Chartbrook Ltd v Persimmon
Homes Ltd[2009], 1 AC 1101, as one that:
mixes up the ascertainment o intention with the rules
o law by depersonalising the contracting parties and
asking, not what their intentions actually were, but
what a reasonable outside observer would have taken
them to be (emphasis mine).
Analyzing the language used
Mr Hon also relied on arising rom any circumstances
to support his opinion that only an EOT with an L&E
entitlement was contemplated by the rst 90 days by reading
these words as reerring back to [the waived] loss and/or
expenses.
I disagree. My rst observation is that the words used in theprovision are waives any right to direct loss and/or expense
and not the waived loss and/or expense. My second
observation is that I read the expression arising rom any
circumstances as reerring back to both limbs, namely the
direct loss and/or expense limb and the any other claims
(including claims or damages) limb, instead o just the rst
limb as Mr Hon suggested. I my readings are correct, the
Contractor should be taken to have waived any right to
direct loss and/or expense arising rom any circumstances
as well as any other claims (including claims or damages)
arising rom any circumstances or the rst 90 calendar days
o [the] extension o time granted.
In my view, the crucial words are or the rst 90 calendar
days o [the] extension o time granted because they
provide the proper context in which to construe what the
Contractor was being asked to waive be it the L&E or any
other claim arising rom any circumstance or the irst 90
calendar days o the EOT. The words or the 90 calendar
days o [the] extension o time are perectly plain andcontain no indication, one way or another, o which EOT
events should orm the subject matter o the rst 90 calendar
days o the EOT, as any permutation o EOT events will do.
As such, the irst 90 calendar days must embrace both
entitling and neutral events.
I now turn to the words, any right to direct loss and/or
expense. I the EOT comprising the rst 90 calendar days,
properly construed, should include both entitling and neutral
events, the permutation o the rst 90 calendar days o the
EOT would not become known until the irst 90 days o
delay materialized, and neither would the question o the
Contractor's L&E entitlement. Any right to direct loss and/or
expense must thereore mean any right to direct loss and/
or expense that may arise.
Mr Hon's interpretation has an insurmountable hurdle. I
he is correct, then the words the irst 90 calendar days
o [the] time granted would have to be understood to
mean, in eect, the rst 151 calendar days o [the] time
granted based on what actually occurred (the rst 61 days
o the EOT being granted or inclement weather [a neutral
event] plus another 90 days yet to be granted [presumably
entitling event(s)]). This cannot be right.
The courts do not easily accept that people make
linguistic mistakes
Is there an answer available to the Employer or why the
language used in SCC-20(6)(4) ailed to relect what was
intended? As noted above, the question o what was
intended could only be determined by reerencing what a
reasonable person with the background knowledge would
have understood what the parties had agreed upon. In any
event, the courts would require a very strong case beore
they can be convinced that the words used by the parties do
not refect their agreement. In Chartbrook Ltd v Persimmon
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Homes Ltd[2009], 1 AC 1101, Lord Homann said:
[The courts] do not easily accept that people
have made linguistic mistakes, particularly in ormaldocuments.
Construction contracts are ormal documents. The courts
will not easily accept that waiver provisions, which are
intended to curtail or even extinguish a contractor's right to
compensation, do not mean what they plainly say.
To conclude, I read SCC-20(6)(4) as simply requiring the
Contractor to waive whatever right to the L&E he might
have or the irst 90 calendar days o the EOT granted or
whatever ground(s).
For the sake o completeness, I turn to a more delicate point.
Is the Contractor's understanding relevant to
interpretation?
I have said above (and in Part I) that what the Employer
intended SCC-20(6)(4) to mean is irrelevant to its
interpretation. How about the Contractor's understanding
o its meaning? The simple answer is also irrelevant.
But what the tendering contractors as a group understood
SCC-20(6)(4) to mean may not be irrelevant. In Investors,
Lord Lloyd1 particularly stressed two actors:
(i) the purpose o the document alling to be construed
and
(ii) the readership to whom the document was addressed.
The document in Investors was a claim orm. Its purpose
was to inorm the investor in relatively non-technical
language what his rights and liabilities were upon his receipt
o compensation. On readership, Lord Lloyd cited, with
approval, Lord Diplock's judgment in Porter v National Union
o Journalists [1980], I.R.L.R. 404:
The readership to which the rules are addressed consists
o ordinary working journalists, not judges or lawyers
versed in the semantic technicalities of statutory
draftsmanship (emphasis mine).
Is the reasonable man the same man in all cases?
The intended readers o SCC-20(6)(4) were those invited to
tender or the renovation contract, including the one who
won the contract. What they as a group understood about
the extent o the L&E entitlement which they were asked to
waive seems to me to be a relevant consideration. O course
I am not suggesting that the Contractor could call other
tenderers as his witnesses or the purpose o explaining to
the court their understandings o the clause. That would beinadmissible because they, too, would be giving evidence o
their subjective understandings o SCC-20(6)(4) and that
would inringe upon the objective theory o interpretation.
In my view, the court may be asked to consider what
a reasonable tendering contractor with the parties
background knowledge would have understood the clause
to mean. He would not be the same reasonable person
on the street, but one with all the attributes o the tendering
contractors.
The contra proferentem rule
Had SCC-20(6)(4) been ambiguous and capable o two
reasonable interpretations, the court would have had to apply
the contra proerentem rule and adopt the interpretation less
avourable to the Employer (on whose behal the ambiguous
waiver provision was drated), but I do not see any ambiguity
in SCC-20(6)(4).
For the above reasons, I would have placed my bet on the
Contractor's interpretation.
Let wiser heads settle it
I set out above what I understood to be the guiding
principles or interpreting commercial contracts by reerring
to some leading cases that were recently decided by the
highest courts in the UK. But these cases merely served
to underline the strength o the established principles and
demonstrated how they could apply to new circumstances.
But there is no new thing under the sun so ar as this area o
law is concerned. I hope these cases can assist the ordinary
quantity surveyor in drating and interpreting contractual
clauses.
In the course o illustrating the application o these cases,I adopted Mr Hon's case as a working example and put
orward my alternative opinions or readers consideration.
As Chie Justice Holt once said ater he had done research on
his own: I have stirred these points, which wiser heads in
time may settle.
1 Lord Lloyd was the dissenting judge in Investors, but this part o his
speech was not contradicted by the majority.
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Columbarium, Oh, ColumbariumMr WK ChungMHKIS, GPD
The irst time I came across the word columbarium outsideHong Kong was in a visit to Masada, the ormer KingHerods summer palace which was later turned into a Jewishrevolutionary base against the Roman Empire during the FirstCentury. It was built on a remote high ground overlooking theDead Sea in the distance and, given its topography, was an idealplace or a ortress. Inside the ortress, there was a little spacedesignated as a columbarium where pigeons were bred in theniches. Pigeons were a source o meat (protein), which wasparticularly important during the Roman siege o the ortress.When Masada nally ell to the Romans, they ound the placeempty and quiet, with only two women and ive children let
behind. The rest o the deenders knew too well the ate thatawaited them in the event o their capture and decided to endtheir lives violently on the night beore the Romans stormed theortress.
Over time, the niches became deposit places or humanremains. These are the catacombs. I would imagine that theyhave become popular because they take up less space and arean eective means o land utilization. Columbaria now assumedierent orms that oten refect the culture and history o theirlocales. The Columbarium o San Francisco, with its beautiularchitecture, is such an example. Some cultures may accepthuman ashes to be located close to living quarters, but othercultures treat them as unclean, although in terms o hygiene,they are not sources o disease, as the process o cremationinvolves the application o high temperatures. But cultureplays an important role in the planning or the location o acolumbarium.
In Hong Kong, columbaria are either provided by thegovernment or the private sector. Niches in public columbariaare neat and tidy and relatively inexpensive, whereasprivate niches sell such added values as good eng shui andmaintenance services, including certain religious rituals. Someprivate columbaria are run by non-prot organizations and arereligious. Notably, prices or private niches vary a lot. So ar,public niches are in short supply, while private niches are an
extremely lucrative business. That explains why even illegalniches sell at high prices. Those who buy them are runninga high risk o being denied access to their ashes once thegovernment reclaims the space. Moreover, the public mayeventually have to pay or putting things back in the right order.
As our population, prompted by the post-war baby boom, isageing rapidly, the demand or niches will escalate over the nextten to 20 years. The government should consider opening upthe market to more private participants. This may take on theorm o open competition through bids or some governmentsites suitable or such purposes and allowing or land exchangesor lease modications on private lands. There are sites alreadyzoned and marked or columbaria on town plans. No oneexpects that this will be an easy job because o NIMBY*. In the
meantime, the government should consider excising certainparcels o land within Wo Hop Shek Public Cemetery or suchpurposes pending new zoning or rezoning o suitable sites. Inplanning the ormer closed areas, such as Hung Lung Hangin the North District, the Government should consider zoningpart o these areas or columbarium purposes. In the long run,columbaria are a big industry.
"It is believed that the term, columbarium originates rom columbra, meaningdove in Latin. The niches are the dovecots where doves or pigeons were bred."
"Po Fuk Shan is an example o an in situ land exchange through whichthe Government disposed o a site or a private columbarium purposes.
The architecture is an imitation o that o the Tang Dynasty. Prices oniches vary with 'eng shui' and services."
The industry will grow as more private unds are poured in. Butthe above does not take away the governments responsibility toprovide basic niches. With the introduction o proper rules andregulations and an adequate supply o public and private niches,the market can more eectively regulate itsel.
The Government should not allow the problem to drit away. Atthe moment, grievances are mounting, as people nd nowhereto put their relatives ashes ater cremation and there is along queue or public niches. The success o a governmentsadministration is not only judged by what it has done or itspeople, but also by how its people are treated. This includestheir journeys to their nal resting places.
*NIMBY: Not In My Backyard
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