Build Magazine September 2015

CDM 2015 Series & the Homeowner / Avoiding Company Disputes Within Construction and Building

BIM & the Legal Implications Follow the discussions around BIM Level 2 and how this affects publically procured projects.

Access Granted: The vital role of building security from anti-intruder to health and safety.

Also in this month’s issue...

6 Steps to Secure a BIM Ready Build How is the Construction Industry Taking the Lead in Energy Efficiency?

Hosking Associates Talk Homeowner Health and Safety Build Magazine Issue Five: September 2015

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Editor’s Letter

Welcome to the September Issue of Build Magazine.

BIM technology is our key issue this edition as we explore the UK Government’s Level two mandate.

Louise Hosking of Hosking Associates takes a look at the personal responsibility homeowners have to the construction taking place on their property following the introduction of new legislation.

Home security is featured here as we look into how new rules have changed the way this service is provided.

Company disputes with regards to construction can be costly and time consuming. Helen Hall advises on how to avoid such issues and how best to handle them should they arise.

Finally Phil Foster of Love Energy Savings discusses how the construction industry is blazing a trail for energy efficiency.

We hope you enjoy the issue.

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Contents 4. News

Inside the Industry 12. The BIM countdown has begun!

A new chapter for the British construction industry, effectively integrating BIM formatting for all future government projects.

14. Six Steps to a BIM Ready Manufacturer from Richard Wilks, Technical Adviser for Aggregate Industries 18. Avoiding Company Disputes

Within Construction and Building The Diverse impacts construction disputes have on business cash flow along with reputational damage.

22. Access Control: Getting It Right Where people are granted or denied entry to certain zones at different times, is the important element of building security

Eco Building 26. The Construction Industry

Leads on Energy Efficiency Becoming more energy efficient is certainly a top priority for building firms to hit government targets by 2050.

Regulation 32. BIM and the Legal Implications Since the UK Government first announced its intention there has been much discussion around BIM and its capacity to transform the construction industry

Real Estate 38. CDM 2015 Series & the Homeowner

By Louise Hosking Director at Hosking Associates Ltd

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News AMF Fastigheter Secures Largest Letting For Urban Escape Stockholm

Karolin Forsling, Chief Development Officer at AMF Fastigheter, comments: “As our flagship urban development, this is a strong base for Roschier to continue to grow its operations in Sweden. Urban Escape Stockholm has been designed for the workforce of the future, where the divide between professional and personal lives is blurred and people are encouraged to interact with a dynamic and diverse network. We have curated a space for a business community that thrives on ideas, co-creation and innovation.”

Urban Escape Stockholm is being developed in line with LEED, the world’s most widely deployed systems for environmental certification of buildings.

Leading Nordic law firm Roschier takes 4,000 sq m (43,000 sq ft) at AMF Fastigheter’s futuristic mixeduse redevelopment in the Swedish capital.

AMF Fastigheter has let over half of the T32 office block to Nordic law firm Roschier, marking the largest commercial letting now secured for the 130,000 sq m (1,400,000 sq ft) city centre regeneration project Urban Escape Stockholm.

Norwegian hotel operator Petter Stordalen secured the first Urban Escape lease in 2014, to deliver two hotel anchors extending over 30,000 sq m (323,000 sq ft) and taken on a 20-year lease term.

Stordalen is set to create two distinct concepts, a business and a luxury boutique brand, providing a total of 540 rooms at Urban Escape.

Following a ground-breaking ceremony in August 2015 that saw the construction launched simultaneously in virtual reality via Minecraft as well as on the ground, Urban Escape Stockholm is now on site and is due to complete in 2019.

Celebrating ten years in Stockholm, Roschier is moving its Swedish base to a new 4,000 sq m (43,000 sq ft) office set out over the top five floors of T32, located at the heart of the leading Swedish property developer and investor’s flagship mixeduse scheme.

Urban Escape Stockholm, which will comprise five buildings, will be built along four streets with two public squares and a unique rooftop garden, 3,450 sq m (37,135 sq ft) of public space connecting three buildings at roof-level. Anchored by two hotels, a conference facility and Epicenter – the pioneering innovation hub for Stockholm’s booming tech community – Urban Escape Stockholm blends retail, office and leisure space with a wider, yet closer network of businesses and people to encourage creativity, collaboration and knowledge-share.

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ET Solar Connects 5MWp PV Plant in UK for Lightsource Renewable Energy ET Solar, a global leading energy solutions provider, has announced that ET Solutions AG, its wholly owned, turnkey solar-energy solutions provider, has switched on a 5MWp ground-mounted solar project in the UK for Europe’s largest solar company, Lightsource Renewable Energy.

With a large team of 350 full-time specialists, Lightsource can take care of the entire lifetime of a scheme, from design and planning through to installation and ongoing maintenance.

The company is Europe’s largest supplier of solar energy and is still looking for more sites to develop.

The scheme at Manor Farm in Eggington, near Leighton Buzzard in Bedfordshire, was successfully connected under Britain’s Renewables Obligation program.

All that is needed is more than 30 acres of land (including brownfield) that’s not within an Area of Outstanding Natural Beauty (AONB).

With a total installed capacity of 5MWp, the plant will supply enough electricity for around 1,400 homes, and save up to 2,362 tons of CO2 emissions each year.

Naturally well screened, the site creates minimum visual impact and will generate clean electricity for 25 years - after which the land will be returned to its normal use.

Kareen Boutonnat, Managing Director for Lightsource, commented on the project.

Kareen added: “Solar remains a viable option for landowners and forms an important part of the UK’s energy mix. We have an unrivalled track record in obtaining planning permission and securing connection and we would urge anyone interested in developing a site to get in touch.”

Dennis She, ET Solar’s President and CEO, said: “By developing and building many MW-scale solar power plants in the UK, we have established a strong market presence in this country. Together with Lightsource, our focus is on delivering turnkey solar energy solutions and green solar electricity to the UK market.”

“We were delighted to work with ET Solutions in building this 5MWp solar power project, the latest asset to our growing operational portfolio.”

Construction Sector Missing Out On £6.4bn a Year Due To Poor Management Poor management of people in the construction industry is hitting the sector hard, leading to an 8.2% efficiency gap, which equates to £6.4bn in lost output every year, according to a new study

by Investors in People and economic research consultancy TBR. The results indicate that recognising and rewarding performance and having a strong set of company values would have the biggest beneficial impact on outputs in the construction sector, helping to plug this efficiency gap.

The ‘Impact of investing in people’ report, based on research amongst 8,750 businesses and ONS data, was commissioned to identify the key management factors driving workplace performance across a range of industries. The study is the first of its kind to calculate the monetary benefits of implementing more effective people management approaches.

Paul Devoy, Head of Investors in People, explains: “It’s obvious that a skilled, confident workforce is essential to a productive enterprise. However, it is difficult to determine the true impact on the bottom line. This study provides the evidence that focusing on excellence in people management can lead to significant performance gains for the sector. The effect of this efficiency gap is hitting the construction sector hard and better people management should be recognised as a key mechanism by which the industry can address low performance.”

To make it easier to identify and compare approaches of the best performing firms, Investors in People has launched the first ever real-time ‘People Management Dashboard’. Anyone can now access a unique set of common metrics, showing the management performance of workplaces across the UK. It’s a simple way to see how well employers are leading and supporting their people.

This knowledge comes from working with thousands of top businesses across the country, from Allianz Insurance, McDonald’s restaurants, to Brompton Bikes. Hundreds of academics, business leaders, and industry experts were involved in the creation of the new sixth generation Investors in People standard, which launched this month.

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Highways England Goes Out to Tender on Construction Works Framework Agreement in the East Midlands Highways England has published a tender for a new framework agreement for construction works expected to be worth more than £250mn, and running for four years, in the East Midlands.

It is the second invitation to tender to be published under the new set of arrangements in the East Midlands, which sees Highways England making a change from its previous way of working, bringing key functions in-house to take direct control of its road network.

The framework is made up of 14 lots representing the disciplines of construction required to maintain, repair, renew and improve the strategic road network in the East Midlands.

In a change from previous arrangements, the new framework will see successful contractors having direct contact with Highways England, making it easier for them to showcase innovative materials, products and techniques.

Habitat for Humanity Partners with Huron Consulting Group for Weeklong Build Project to provide sustainable homes around the world as part of development plan.

Habitat for Humanity Taos today announced that Huron Consulting Group, a provider of business consulting services, will participate in a weeklong Habitat for Humanity Global Village build in Taos.

“We are thrilled to partner with Huron and appreciate their dedication to make a difference in the community building affordable homes with partner families.”

Global Village is Habitat for Humanity’s international volunteer travel program engaging volunteers to build and renovate homes and to help create decent, sustainable communities around the world.

“Habitat for Humanity welcomes Huron for their weeklong build in Taos,” said Cynthia Arvidson, executive director, Habitat for Humanity of Taos.

“We are thrilled to partner with Huron and appreciate their dedication to make a difference in the community building affordable homes with partner families.”

In Taos, 90% of residents cannot afford homes of their own. Habitat for Humanity Taos takes on this challenge by building wood-frame or adobe block houses. Volunteers help in all aspects of new construction: digging foundations, framing, roofing, installing windows and doors, appliances, insulation, sheet rock, painting and finish work.

David Poole, director for commercial and procurement, commented: “This represents a real step change for Highways England and the way it has previously managed contracts. This new way of working in Area 7 demonstrates Highways England’s commitment to enhancing the way it operates the strategic road network over the next five years.”

The framework agreement will be in place from 1 April 2016, and it is expected that the total value of contracts to be awarded through the framework could be more than £250 million.

The new contract arrangements in the East Midlands bring with them new employment opportunities, with Highways England looking to boost its in-house capability through the recruitment of new staff - with a significant number expected to transfer from the current Area 7 provider Aone+.

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“I am proud to be part of an organization where employees volunteer a week of their time to give back to the community. It is a testament to our employees’ dedication and is what makes Huron special,” said Mark Hussey, chief operating officer and chief financial officer, Huron Consulting Group.

“We are proud to work with Habitat for Humanity and help achieve their goal of creating affordable housing.”

Huron employees have participated in numerous Habitat for Humanity community service activities across the country since 2009. Huron provides time off and travel arrangements for employees who take part in the build. Habitat for Humanity is one of Huron’s civic partners, which the company supports through matching gifts, sponsorships and employee volunteerism.

Huron’s ongoing commitment to the community brings employees together by helping others through its Huron Helping Hands program. In addition to the community service projects that Huron participates in throughout the year, the company also coordinates an annual Day of Service where employees receive the day off to participate in philanthropic service projects. As part of the 2015 Day of Service, Huron and its employees partnered with more than 60 different charitable and nonprofit organizations in more than 25 locales around the world.

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News

How to Make Your Home More Efficient We all like to think we are savvy at saving energy.

We know it’s good for the environment and can save us money. We drive diesel cars and fly with eco-friendly airlines. At home we check the energy rating of our electrical appliances and choose the greenest utility suppliers. But what more can we do to make our homes even more efficient?

Start small Every journey begins with a single step and simply switching to LED light bulbs will cut energy wastage and save around £6 of electricity per bulb in a year.

Small gains to be sure, but they will add up over the lifetime of the bulb.

Going solar Look around any street in the UK and you will see at least one house with solar panels on its roof. They are easy to install, don’t look horrendous and will function even in the UK’s temperamental climate.

Better yet, they massively reduce carbon emissions and could save you over £500 per year. The downside? They can cost around £7000 to install.

It pays to insulate Insulating the loft is an easy and affordable way to make your home more efficient. 25% of heat can escape through the roof but insulating, or upgrading old insulation to a thickness of 270mm, will retain warmth and save around £100 per year in energy costs.

It’s a similar story with cavity walls. All new homes in the UK are built with their walls already filled but those of us in older properties will save energy and money by installing insulation.

A window to savings New energy-efficient windows prevent draughts, eliminate condensation and prevent noise all while keeping warmth in. All admirable qualities but when you also consider they are made from greener materials and reduce heating bills they are a great way to increase the efficiency of your home.

Doing away with convention The boiler can use over half of the energy in a typical property so it makes sense to ensure yours is as efficient as possible. A combination boiler is compact, heats water instantly, and doesn’t don’t require a storage tank. It could also save you £100 a year compared to older conventional appliances.

The Internet of Things There is nothing especially new about home automation but the fall in hardware prices and advances in cloud technology means it is now practical to efficiently control your home from a Smartphone.

Apps can optimise thermostat settings reducing energy wastage and costs, whilst remote control means appliances and services can be turned on or off even when you are away from the house.

Big gains Whilst it is quite possible to make your home more efficient is it really worth the hassle? It is. Apart from reduced utility bills and more money in your pocket, figures released by the government in 2013 revealed a properties resale value could increase by up to 16%. Incentive enough for everyone to join the drive for greater home efficiency.

By Craig Ellyard, Makeurmove.

Lenscap Photography / Shutterstock.com Build Magazine

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Osaka Gas to Establish Energy Service Joint Venture in Thailand with PTT New partnership will provide industrial customers in Thailand with fuel conversion energy services.

Osaka Gas (Thailand) Co., Ltd. a subsidiary of Osaka Gas Co., Ltd. will establish OGP Energy Solutions Co., Ltd. a company that will provide fuel conversion energy services to industrial customers in Thailand, through a joint investment with PTT Retail Business Co., Ltd. a subsidiary of PTT Public Company Limited.

In its mid-term business plan, “Catalyze Our Dreams,” the Osaka Gas Group aims to expand its downstream business outside Japan. This has already resulted in gas sales business in Singapore through City-OG Gas Energy Services Pte. Ltd., energy service business in Thailand through OGT and cogeneration/on-site business in Thailand through NS-OG Energy Solutions (Thailand) Ltd., a company jointly invested with Nippon Steel & Sumikin Engineering Co., Ltd. Prior to establishment of this joint venture, our energy service business in Thailand focused primarily on Japanese companies. However, OGPS will be able to target both non-Japanese and Japanese companies in Thailand to expand energy service business by leveraging engineering strengths of Osaka Gas Group and the credibility and brand familiarity of PTT, Thailand’s largest corporate group operating energy businesses ranging from importing to retailing of natural gas.

Santa Cruz County Partners Install Intelligent Energy Storage System Cities and Counties throughout California are working with Green Charge Networks to reduce environmental impact and promote sustainable energy.

Green Charge Networks, the largest provider of commercial energy storage in the U.S., has partnered with the County of Santa Cruz to install a state-of-the-art energy storage system at the County’s largest administrative building. This is the first energy storage installation in the County and largest installation at a County facility in Northern California. Energy storage highlights advancements in conservation efforts, reduced environmental impact, and the promotion of clean energy. Officials from Santa Cruz County and Silicon Valley-based Green Charge Networks took part in an unveiling ceremony today that featured a live demonstration of real time energy usage, operational impact, utility bill savings, and a tour of the installed system.

“Santa Cruz County is a leader in sustainability including coastal restoration, clean air initiatives and transportation measures. The installation of the County’s first energy storage system is a practical and exciting step to further reduce our impact on the environment,” Board of Supervisors Chairman Greg Caput said.

“Working with an experienced organization like Green Charge made the installation of energy storage a smooth and seamless process. The newest addition to our environmental efforts will help our community move to a new way of saving money, more importantly will have a big impact on helping the environment,” Supervisor John Leopold said.

Based on an MOU concluded with PTT on information exchange and joint study regarding liquefied natural gas (LNG) as well as natural gas supply, Osaka Gas Group has for some years been stepping up cooperation with the PTT Group through operational and technical support for PTT’s LNG receiving terminal. The establishment of OGPS will serve as an opportunity to explore the possibilities of further expansion of the joint energy business between PTT and OGT in Thailand and development of a broader range of business activities outside the country.

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Cities and counties throughout California including the City of Redwood City, the City of Santa Clara, Santa Barbara County and the City of Lancaster are working with Green Charge to reduce environmental impact and promote sustainable energy with energy storage. Green Charge will showcase their energy storage solution at the California League of Cities Conference September 30th – October 1st, 2015 in booth 1127 in San Jose, Calif.

The Green Charge energy storage equipment and installation came at no cost the County including installation, maintenance and a 10 year warranty. The Green Charge intelligent energy storage solution is a scalable, modular system with a smart controller and sophisticated software that monitors facility loads on a second-by-second basis. The cloud-based software counteracts the peaks and valleys by discharging and charging from the lithium ion storage system. The system stores energy during off-peak hours and allows the County to use that energy during peak hours. It reduces energy costs and puts more taxpayer dollars back into the county.

The Green Charge intelligent energy storage system is installed at the Santa Cruz County Government Center. The energy storage system is interconnected with PG&E and also provides the added benefit of reducing stress on the electrical grid, therefore increasing the reliability of our power supply. The building houses many agencies including: the main administration, District Attorney, Planning Department, the Law Library, the main court system offices, Assessor’s office, Collections and the County Clerk.

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News

Quinn Radiators Expands its National Sales Support Team Leading heating manufacturer Quinn Radiators has expanded its national sales team with the addition of four new Regional Sales Managers (RSMs) – in a move to strengthen its customer support offering.

Mike Halliwell (North West), Steve Henney (North), Richard Hammerton (South Wales) and Mike Jones (London) have now joined the 12-strong regional sales team as the front-line contacts for local enquiries about Quinn Radiators’ market-leading pan-

el and design radiator portfolios. With a combined industry experience of more than 90 years, the new RSMs will provide expert specification and product application advice – as well as tailored sales support – for installers, specifiers and merchants at a regional level.

John Bradley, UK Sales Director at Quinn Radiators, says: “We’re very pleased to have welcomed our new colleagues to the UK sales team in what is an exciting time for the business. We’ve made it our mission to make Quinn Radiators the better choice – delivering the very best product quality matched with unbeatable customer service – so continuing to expand our expert team is key. With such strong industry knowledge, the new RSMs are a fantastic fit for the company and we look forward to them all having long and successful careers with the business.”

The expansion of the national sales team follows the relaunch of the Quinn Radiators business earlier this year, when the company’s new management team unveiled a fresh vision for the future after its acquisition. It is part of an ambitious growth strategy that focuses heavily on reaffirming Quinn Radiators’ position as a heating industry leader and a company with quality at its core.

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Inside the Industry

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The BIM Countdown Has Begun!

Are We Ready To Face It?

By Alexander Chervenkov Product Manager at coBuilder

April 1st 2016 – most of us have marked this date on the calendar as when BIM Level 2 is officially becoming mandatory in the UK. On this day, the “mighty” COBie, which is in fact nothing more than a sophisticated XML spreadsheet, is bound to open a new chapter for the British construction industry, effectively integrating BIM formatting for all future government projects.

ear not! This step comes as a natural reaction to the increasing demand of the business for more accurate and compatible data.

Owners and Facility Managers are pushing for “as-built” data collection during every step of the building process, which requires the development of a new generation of software solutions. The contractors on the other hand are struggling to meet these information requirements as it gets increasingly hard to collect and structure the data the way the clients want it. In this context comes COBie which is to help neatly organise this immense amount of information in a way that it can communicate with everyone involved in the building process.

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Luckily for us, COBie has been already tested on field for couple of years in the United States and did not cause any chaos there, so we shouldn’t panic too much about it here in the UK. It is all about software The new rules require a new approach, which means that the British contractors should consider implementing a BIM enabled software system. According to Nick Tune,

former BRE Group Director - Digital & Data, current CEO of coBuilder UK and an openBIM advocate – “The construction industry is striving for increased productivity from BIM, which is based on accurate information.

There is no way of achieving this goal without ‘as built’ accurate open DATA, that we can all understand” Yes, the trend is to develop software solutions integrated in every step of the building process, collecting detailed and structured product information during the course of the building of the project. These software tools support all major data types, which allows easy export to BIM formats such as IFC, COBie and others.

There are already pioneering companies in the construction software business developing such systems and platforms to offer to large contractors and manufacturers.

With the COBie deadline however, integrating such a system becomes more of a necessity rather than a choice for most of the companies in the British construction industry.

We got word from Alex Lubbock of Carillion who shared his experience: “Carillion provide facilities management functions across the world and it is vital that the data we receive and distribute during construction is accurate and can easily be used by our teams and our customers to manage their assets”.

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Inside the Industry

Mr.Tune from coBuilder UK shed more light on the topic by adding “Through our BIM enabled software we allow the construction industry to create, distribute and use the essential data or DNA of each building or infrastructure, so all actors in the supply chain are able to access the accurate information (data) they require, when they require it.” coBuilder UK is a sister company of the Norwegian-based coBuilder AS – a software company that has been long evolving around the BIM domain going all the way back to 1997. They say, their mission is to support manufacturers in sharing their product data in all BIM formats and help contractors in the collection and distribution of ‘as built’ product data with their supply chains and clients. The company is an international member of buildingSMART and relies heavily on openBIM standards to develop their software tools and solutions.

In the early summer, the company entered the UK market, engaging some of UK’s largest construction product manufacturers and contractors with trials of their prod-

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uct portfolio. The company works with open standards such as the buildingSMART Data Dictionary (bSDD) – which is a mapping tool for semantically defining technical terms in the construction industry. By using the bSDD it is possible for supply chains to understand different naming conventions regardless of language and to be able to freely and effectively exchange product data in common formats and based on a common technical language.

Since its launch on the British market in the beginning of the summer, the company has been pushing heavily to attract some of the largest contractors and manufacturers in the UK. “We are working with coBuilder to see how we can improve the collection and sharing of data with our supply chain partners, so that we can validate that what we have built actually meets our design specifications.”, said Neil Thompson of Balfour Beatty.

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6 Steps To Choosing A Bim Ready Manufacturer

By Russell Banfi And Will Cooper At Law Firm, Clyde & Co

With the introduction of the Government’s Building Information Modelling (BIM) legislation now less than 12 months away, many early adopters of information-rich BIM technology are on the lookout for manufacturing partners who can aid a smooth transition towards the new standardised codes of best practice.

ichard Wilks, Technical Adviser for Aggregate Industries, a company leading the way for the adoption of BIM in their sector, gives us his top six tips for choosing a BIM enabled manufacturer.

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For most companies, we are about to enter a period of ‘bedding in’ ahead of the BIM legislation coming into force, which is why it is important to select a materials supplier that is strategic and thorough in its implementation of BIM processes, passionate about supply-chain best practice and has its finger on the pulse when it comes to product trends within the market place.

Whether you want to continue to use your historical manufacturer of choice, or need to seek out more proactive suppliers who are ready to meet your BIM requirements immediately, choosing the right materials provider will not only assist a smooth transition to BIM, but will deliver cost and time efficiencies beyond the all-important implementation date too.

Here are six things to look out for: Do they promote a company-wide appreciation of BIM? Four years after the sector-wide introduction of BIM was first announced, it is now largely accepted amongst leading manufacturers, specifiers and industry bodies, that in order to successfully integrate

a company - and indeed the wider supply chain - into the standardised practices of BIM technology, a ‘whole company’ approach is required.

This isn’t to say that each team member needs to be an expert, but everyone from top-line management down should have an appreciation of BIM, its goals, timescales and benefits. Credit should also go to manufacturers that have enlisted the expertise of external experts in the quest to push forward their BIM preparations.

Leading manufacturers like Aggregate Industries have embraced this company-wide approach with the assistance of an external panel of professionals, and are more able to understand and assist their clients because of it. BIM will affect the entire Government funded construction sector, from schools and hospitals to roads, social housing and council buildings, so it is important to encourage a business-wide understanding in order to facilitate better communication and strong customer relationships.

Have they been strategic in the implementation of their BIM ready product portfolio?

For manufacturers with a vast portfolio of products, like Aggregate Industries, preparing for BIM is no mean feat and there is certainly more than a few ways to go about prioritising which products make the cut for the initial BIM enabled portfolio. It would be wise to ensure that your manufacturer of choice has strategically implemented its initial offering in response to thorough customer research and a deep understanding of market place trends.

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Inside the Industry

Aggregate Industries selected more than 220 products to launch as BIM enabled at the beginning of 2015, according to the commercial popularity of each material and its sustainability credentials. This way, the team could be confident of meeting customer demand as they switched over to BIM technology.

Whilst larger manufacturers have more products to convert, they also more often than not have extensive planning and personnel resources at their disposal than their smaller counterparts. This may reflect positively in how, why and when they make certain products in their portfolio BIM enabled. It could be said therefore, that for those specifiers who have been quick on the uptake of BIM technology, working with larger manufacturers who have been more strategic rather than administrative in their BIM implementation, might be a strong choice for ongoing product purchasing decisions.

Do they have a carefully considered ongoing expan-

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sion plan?

As manufacturers continue to convert their existing portfolio over to BIM, alongside any new product launches or development changes, it is important for specifiers to feel confident that the materials they may need going forwards will be available to them in the right modelling format.

Aggregate Industries, for example, is combining ongoing customer feedback with market research to identify which products should be next in line to receive the ‘BIM treatment’, ensuring that the most regularly used products are converted first, rather than the materials which would be easier or quicker to process.

Do they have a flexible approach to meeting

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Inside the Industry

customer demand?

Despite the best efforts of manufacturers to introduce their BIM offering in a logical order according to market demand, it is inevitable that there will always be a requirement for materials which have not yet been prepared for use on BIM software.

Make sure that your supplier of choice is willing and can be flexible when it comes to requesting BIM files that are not already in existence – especially if you have a tendency to work on more unusual projects.

As part of AI’s preparations, we have implemented business processes which allow us to deliver this flexibility to our customers should the need arise.

Is their BIM documentation portal accessible and reliable?

Whilst the industry is changing its processes to accommodate the legislative changes of 2016, many companies worldwide are also tackling the ever increasing need for an effective online presence.

Never has this been more important for our sector than now – with an easy-to-navigate and reliable website being the simplest way to access BIM files.

When selecting a BIM enabled manufacturer, this is arguable one of the most crucial elements to investigate. Without a user-friendly, mobile ready website which is capable of handling the download of BIM files, accessing these important documents could delay projects and cause unnecessary inconvenience to busy specifiers Are they leading the way for product transparency?

There is an increased demand for product transparency among specifiers and building owners alike, and it is important to ensure that your manufacturer of choice is prepared to invest in the research, administrative processes and resulting product development changes involved in meeting the industries thirst for this level of knowledge.

its most popular commercial concrete products, to complement its wider BIM offering.

These materials are now verified under the Swedish Environdec Scheme and the International EPD system, which display data gathered from relevant production facilities relating to energy, waste, water and other input and output streams during the manufacturing of each product. This transparent data is declared as a unit of 1m3 which makes comparing materials during the decision making process quick and easy.

By choosing a manufacturer who is conscious about the environmental impact of all its products, you can rest assured that its ongoing product development programme, includes provisions for ‘greener’ methods of manufacturing, processing and transportation – an important consideration in a construction industry which is moving in favour of materials which boast minimal ‘whole-life’ carbon consumption.

The Government has set a target that all publically-funded construction projects will be conceived, designed, built, maintained and eventually demolished using BIM as a central portal for information sharing by 2016 – and meeting this target will be a notable achievement for the construction sector. By working together towards this common goal, specifiers and manufacturers can ease the transition to BIM best practice – but only if they embrace the step change, implement strategic new business processes and maintain solid working relationships.

About Aggregate Industries Aggregate Industries quarries, manufactures and supplies a wide range of materials to the construction industry. Through Aggregate Industries for example, has published continued innovation and investment it has Environmental Product Declarations (EPD) for six of been certified The Responsible Source™ and offers a diverse portfolio of sustainable solutions to complement its traditional product offering. Operating across the UK, Channel Islands and northern Europe, Aggregate Industries is a BES 6001 accredited member of the Holcim Group.

For more information on Aggregate Industries’ BIM enabled product portfolio, visit the dedicated section on www.aggregate.com For further press information, please contact: Claire Gething or Sarah Kent Whistle PR. 0121 6297797, claire@whistlepr.co.uk

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Avoiding Company Disputes Within Construction and Building Disputes with suppliers, clients, customers or business partners can be costly, time consuming and stressful. A dispute can also have adverse impacts on your business cash flow if payments are withheld, and can cause reputational or other damage to the business if details are made public.

hose involved in the construction and building industry have possibly more than their fair share of disputes. The nature of the industry, and uncertainties in many building contracts where unforeseen events arise, make disputes as to what may or may not be included in any terms agreed for payment or for delays in projects more common than in many other contractual relationships. There are many instances when it is necessary to establish who is at fault and/or how and when a right to terminate and seek damages may arise.

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It is also far from uncommon for more minor and domestic building contracts to be sparse on detail.

Construction disputes now form a separate branch of law due to the complexity of many large scale commercial construction contracts which involve multiple subcontractors and specific industry standard contracts which usually set out the obligations of the parties in great detail, and govern how any disputes that arise are to be dealt with.

The danger of clients, business partners or customers not paying because of insolvency and/or sometimes spurious disputes being raised in attempts to avoid payment are also prevalent. It is important to regularly have checks on solvency and possibly insurance (where this is not a professional requirement). Seeking guarantees where doubts as to solvency exist is also a consideration at the outset of any business relationship.

Once the relationship is on foot however, there are further other strategies and options to minimise the risk of a dispute escalating that can be considered.

If there are contractual terms that specify how a dispute should be dealt with, ensure these are followed so that there is no satellite issue as to whether the correct procedure has been followed;

• Try to avoid “knee jerk” reactions such as locking or ordering someone off site/withWhat steps can be taken to avoid disputes arising, drawing labour etc., as this can be costly or to deal with any disputes cost effectively, will if not considered and handled correctly. depend largely on the sector in which you operate.

It is not always as clear cut that there is a However, there remains no substitute for seeking breach of agreement sufficient to entitle advice at the outset of any relationship and ensuch actions. Many disputes arise as a resuring that agreed terms are reduced to writing so sult of a misunderstanding as to the rights obligations, expectations and timescales, as well as of the parties in this regard. payment terms, are clear.

• Seek advice early to ensure that you are dealing with the dispute from the correct legal standpoint and asserting the correct position and/or know what your rights and options are. This may avoid assumptions as to entitlements/rights that do not exist in law. Backtracking or changing your stance later can mean the other side has become less amenable to reaching a resolution; • Try to avoid inflammatory language when articulating your position or responding to any dispute intimated. Always bear in mind that communications sent by letter e-mail, text or otherwise are documents that have to be disclosed if court action is necessary –

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consider therefore if you are happy for a judge to see what you are saying in any communication.

• Any meeting arranged to discuss the issues should have a clear agenda and set out from each side what issues need to be considered/addressed and what you want to achieve. This will hopefully reduce and avoid minor issues or other matters clouding the real issues that need to be resolved.

• Seek to agree that the meetings to discuss resolution of any dispute are ‘without prejudice’. This may mean that the parties are more willing to have a frank exchange of views without any proposal later being used against them. However, making all communications ‘without prejudice’ does not protect you. Only genuine attempts to resolve a dispute that are reduced to writing can be withheld from disclosure if Court action is later necessary.

• Consider involving a third party to attend any meeting as an independent observer so there is less opportunity for misunderstandings or disagreements as to what has been said/agreed, and also to help try and keep matters civil.

• Do not undertake rectification work or seek to engage alternative contractors without ensuring there is a clear record of the condition of the works about which any issue has arisen and the other party has been given a right to insect; • Consider formal mediation. A mediator is trained to facilitate resolution. The fact that feelings and tempers are running high is often a bar to resolution. The process of mediation allows an exchange of views and more varied options for possible resolution to be explored in a format that will not allow feelings and emotions to take over. Mediation avoids confrontation whilst allowing the parties to fully vent their feelings and get points across to the mediator in closed sessions. It may also save money in the long run as mediation is cheaper than Court action.

Mediation is a particularly effective option and is encouraged by the Courts in smaller domestic building disputes.

• Consider and seek to agree to the appointment of a jointly instructed independent expert where issues as to quality of work or responsibility may need to be decided - so that the likelihood of further disputes on those issues is minimised.

You could ask for nominations from a professional body so there is no suggestion or perception of bias. It is sometimes also possible to agree that the findings or recommendations of the independent expert will be followed which can avoid further dispute.

• Construction and engineering disputes (which includes claims for negligence relating to construction professionals) have a pre-action protocol that is set out in the Court rules and that should be followed before any proceedings are issued. This is designed to try and resolve the dispute without the need for court action, or to at least narrow issues; • For certain construction disputes, there may also be the availability of adjudication under the Housing Grants, Construction and Regeneration Act 1996 which is often a swift method of obtaining a decision on a relevant dispute.

• Always have in mind that whatever the rights and wrongs, the costs of a fully disputed Court case may be more than the sums involved. Court cases do not drain only your finances; they can be long running, stressful and divert you from more productive activity. The recent high rises in Court fees for claims above £10,000 are also now a factor that needs to be considered. In lower value claims the fee is now 5% of the claim value for claims between £10,000 - £200,000, with a maximum of £10,000 for claims in excess of £200,000.

This is a substantial rise from the previous maximum fee and there is also a suggestion that these may increase further.

There will always be times when resolution is not possible. If the dispute has to be decided by court action, then seeking proper advice will be necessary to ensure that the correct action is taken or formalities followed under the contract and within the law. The options for adjudication or arbitration should also be considered where appropriate. In terms of seeking payment for invoices where there is not a genuine dispute consideration can also be given to alternatives to court proceedings, such as proceeding with a statutory demand and invoking the winding up jurisdiction, in suitable cases. This is often a useful tool but cannot be used if there is a genuine dispute.

Helen Hall, Associate Solicitor Litigation & Dispute Resolution at Colemans-ctts (a trading style of Simpson Millar)

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Access Control: Getting It Right Access control is one of the most important elements of building security. It is vital in so many ways, not only from an anti-intruder or theft perspective but also in terms of health and safety.

In almost every building - whether that’s an office block, a school, a hospital or a shopping centre - many people enter, exit and move around the premises. It is crucial therefore that access into and around buildings, where people are granted or denied entry to certain zones at different times, is managed effectively.

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Every building is different and presents its own challenges. It is therefore important to find a flexible door entry system which can be adapted to that particular building to meet a client’s requirements.

During the planning stages, it’s important to understand the function of the building and the type of use the system will have. You have to ask yourself (and know the answer to) a range of questions. For example, which entrances and exits require access control? Should the access control be in the form of coded keypads, proximity fob readers or a type of biometric reader? Should the door entry include video as well as audio communication? Do these entrances need to service tenants or employees? Do they also need to service visitors or customers?

The exit of buildings in particular requires additional thought. For instance, in the event of an emergency how would someone negotiate the access control to exit the building? Solutions to this would normally include break glass units and links to the fire alarm to automatically release the doors. An appropriate access control system can also generate reports to show who is in the building at the time of the alarm so you’re aware of peoples’ location in the event of an emergency.

Legislation also plays a key role in access control. Building regulations must be followed when putting an appropriate system in place and thought must go into how access control will, for example, affect users with disabilities following the Equality Act 2010 guidelines. Secured By Design, the official UK Police flagship initiative supporting the principles of designing out crime, may also be specified which means only those products that have passed the stringent tests of Secured By Design should be used.

When installing an access control system, there are also physical challenges to be aware of. Most access control and door entry systems are connected together throughout the building using low voltage cabling. Quite often, the cabling is installed as part of the first fix and sometimes the access control and door entry equipment has not been fully specified at this stage.

It’s a good idea therefore to know what the right cable to install is because, in the long run, this will save you time and money.

A common cable type installed at the first fix would be Cat5. This cable is suitable for many door entry and access control systems but care must be taken to fully understand the distances between devices to ensure the cable resistance falls within the manufacturer’s guidelines.

An issue that has become increasingly apparent is the need to know the difference between solid copper and copper coated cables. In most instances, solid copper must be used on door entry and access control systems due to the need for these cables to carry current and have a low voltage drop.

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Copper coated cables such as copper coated steel (CCS) or copper coated aluminium (CCA) although may look attractive when comparing the price between that and solid copper will have a much higher resistance and therefore will suffer from much greater voltage drop than a solid copper cable. Not knowing this difference can prove costly in the event the system is unable to function correctly due to a voltage drop.

When choosing a system, it is also important to know that it can be modified in the future if a building is expanded or undergoes a change of use.

Product support, which is what we offer at Videx, is crucial when dealing with a customised solution.

Knowing that there is support available either online, via phone or on site, can offer reassurance should you run into a problem that you can’t resolve on your own.

Videx offers bespoke systems designed with individual requirements including the facility to create customer firmware and software should a particular feature not be available as standard. We can, for example, create bespoke wiring diagrams, panel layouts and offer training to installers.

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New access control systems are constantly being developed so it’s important to keep abreast of the latest offerings. Ultimately, the best advice I can give in choosing the right system is that you need to first understand the client’s needs and any specifications they’ve requested. An out-of-box solution isn’t always available therefore it’s always best to talk to the manufacturer who will be able to listen to your requirements.

Using their knowledge of access control systems, they can then help you find the one that best suits your requirements and, critically, meets the client’s needs.

For more information about Videx, please visit: www.videx-security.com or call 0870 300 1240.

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How is the Construction Industry Leading on Energy Efficiency?

Energy prices are a highly topical subject right now and there is little wonder why. As bills continue to rise across the country for homes and businesses everywhere, everyone is feeling the squeeze. But one industry that may be feeling it more than most is construction, given the large amounts of energy it must use in order to operate.

There is no realistic way to avoid using energy and with ambitious government targets requiring an 80% reduction in greenhouse gas emissions by 2050, becoming more energy efficient is certainly a top priority for building firms.

An emergency Budget was delivered by the Chancellor of the Exchequer, George Osborne, in early July, and those who were watching in the hopes of hearing about energy were left a little empty handed. However, there was one rather significant announcement made: the Climate Change Levy will be scrapped.

The Climate Change Levy (CCL) was a tax exemption incentive introduced for businesses, applied if their energy was sourced from renewables such as wind, solar and tidal.

On the other hand, those who sourced their energy from fossil fuels were subject to paying the Levy. The removal of this charge means that those who source their energy from both renewables and fossil fuels will have to pay.

All businesses and all sectors were subject to the Levy, providing a much needed incentive for more companies to become more energy efficient. But there is little doubt that it’s a tough time for the energy industry, with the highly publicised hike in prices and this scrapping of the Levy, it is little wonder businesses have been doing their best to curb their energy consumption, for the sake of their bills and the environment. But have their efforts been paying off?

Who’s leading the charge?

Every industry in the UK will use different amounts of energy, and the Department of Energy and Climate Change released a report earlier this year that revealed just how much

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energy different sectors consume. As expected, transport came out on top as the country’s largest consumer of energy, however the most surprising aspect of the report was those who came in second and third. Domestic was revealed to be the second highest user with 27%, with industry following in third with just 17%.

No doubt many people would automatically assume that more energy would be consumed by businesses, but these figures certainly negate that view. In fact, it shows quite the opposite and that industries are leading the charge when it comes to being more energy efficient.

Clearly, businesses up and down the country are taking bills and environmental effects into their own hands. The different measures being implemented can each have profound effects, from using more sustainable construction methods, ‘green-proofing’ offices or switching business energy tariffs.

There’s certainly plenty of pressure being put on businesses, particularly those in the construction industry. If the targets of the Climate Change Act weren’t enough already, there is also a more pressing goal of a 34% reduction in greenhouse gases by the year 2020 to bear in mind.

On top of that, the Energy Performance of Buildings Directive also announced that all new buildings being constructed were to be, by the end of 2020, “nearly zero energy”.

An efficient future It appears to be good news all round for

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the future of the construction industry. Not only is this sector spearheading the charge for energy efficiency, the future for green energy also looks to be incredibly prosperous, which is fantastic for construction.

The UK Green Building Council released a report last year that stated “the construction and maintenance of buildings and other structures is responsible for around half of UK carbon dioxide emissions.” With such a heavy dependence on energy, the path to a clean and efficient future isn’t necessarily going to be an easy one, and those working in construction will face a host of challenges in order to achieve eco-friendliness.

One area of funding to take a hit recently was subsidy schemes that help to fund solar panels, as well as the funding to onshore wind farms. However, despite the cuts that have been made to renewable energy development, this area has actually experienced growth. Latest figures from the government show that in Q2 2015, the total share of electricity generated by renewables rose to a record high of 25%.

There has also been good news for solar panels, as in 2014 the UK’s capacity for solar photovoltaic energy grew by 89% thanks to the Renewables Obligation, which was responsible for boosting the deployment of solar panels. One of the most vital ways to achieve greater energy efficiency will be through the use of solar panels on all levels, from simple instalments on buildings to large solar farms. The part that the construction industry will play in achieving this cannot be underestimated, as the installation and maintenance of solar panels will fall heavily on their shoulders.

Can the construction industry help to lower our energy prices?

Not only are the construction industry’s efforts towards energy efficiency fantastic news for the environment, they will also have a tremendously beneficial knock-on effect for the rest of the UK. As construction gets greener, these good practices will be passed onto new homes and offices to ensure they are consuming less energy.

That’s where the benefits of going green start to kick in. One of the largest advan-

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tages will be the positive effects on energy prices, which will start to decrease as renewable energy becomes more prominent and our dependence on expensive imported fossil fuels decreases. Sources of energy such as solar, wind and tidal will never run out, thus will bring prices down, and they are certainly something Britain has enough of.

If we use less energy, the less we will have to produce. Consuming less, along with continued development towards total dependence on renewable energy, will cause energy prices to be much cheaper in the long run, and for a great deal longer.

Of course, a time when 100% of the UK’s energy comes from the skies or the sea is still a long way off. But until then everyone, from homes and offices to transport and construction firms, should take steps towards reducing our energy consumption, even if it’s one tiny step at a time.

Phil Foster is the CEO of Love Energy Savings, a North West-based business energy comparison specialist who are committed to saving businesses money on their gas and electricity bills.

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Regulation

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BIM And The Legal Implications Arising From Using It

By Russell Banfi and Will Cooper at law firm, Clyde & Co

Ever since the UK Government first announced its intention, in March 2011, to use Building Information Modelling (BIM) Level 2 on all publicly procured projects by 2016 there has been much discussion around BIM and its capacity to transform the construction industry. On one level, it has been likened to the transition from drawing on paper to the use of Computer Aided Design (CAD).

t should be remembered that BIM is not a proprietary software product but rather a design approach which utilises 3D technology. buildingSMART defines BIM as “a digital representation of physical and functional characteristics of a building. As such it serves as a shared knowledge resource for information about a building forming a reliable basis for decisions during a life-cycle from inception onward”.

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There are four levels running from Level 0 (unmanaged CAD with 2D formats) to Level 3. At BIM Level 2, each consultant prepares and maintains separate 3D designs and these are submitted into and overlaid over each other by a common computer model to produce the entire project design which is then shared between the design team. Advanced fully integrated versions of the BIM Level 2 model then allow for 4D (time/programme) and 5D (cost) elements to be assessed.

BIM level 3 makes use of an integrated, web-based system and allows each member of the construction team the opportunity to review costs, programming and lifecycle facility management information.

Digital Built Britain makes it clear that the UK Government is to continue with its previously adopted approach of encouraging the further uptake of BIM by demonstrating its value through use on government projects rather than by imposing it on the industry by way of legislation.

Internationally, other governments are also keen to encourage digital adoption into their respective construction industries to bolster productivity in a lucrative sector.

Australia is not far behind the UK, with a number of significant developments being introduced – in June 2012 a co-funded report was released for the Commonwealth Department of Industry, Innovation, Science, Research and Tertiary Education entitled the National Building Information Modelling Initiative for the ‘focussed adoption of building information modelling and related digital technologies and processes for the built environment sector’ (buildingSMART Australasia 2012).

Furthermore, the release in early December last year of the Australian Construction Industry Forum and Australasian ProcureIn the UK, the Government continues to encourage ment and Construction Council’s document BIM uptake with the introduction in February 2015 A Framework for the Adoption of Project of “Digital Built Britain” focussing on the adoption Team Integration & BIM has now been acof BIM Level 3. Impressive cost saving figures have companied by the release of a companion been publicised for BIM Level 2, and one of the key document entitled Building and Construcmessages in the government’s latest publication is tion Procurement Guide: Project Team Intethe risks inherent in not fully embracing the opporgration and Building Information Modelling. tunities offered.

This aims to assist industry stakeholders in their adoption and implementation of BIM through comprehensive instructions and guiding principles for procurement models, how to tender and select the right BIM team and how to manage the project using BIM at the outset.

International adoption

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The US continues to lead the way in terms of BIM technology adoption and, together with several of the Scandinavian countries and Singapore, presents a glimpse into the future. Undoubtedly they provide a useful reference point for further developing and establishing the necessary framework in the UK as recognised by the memorandum of agreement entered into between the UK’s buildingSMART alliance and the National Institute of BUILDING SCIENCES (Washington DC). The agreement provides a royalty free licence to reproduce and use the National BIM Standard United-States (NBIMS-US) to develop a national BIM standard with the principles of interoperability.

The legal implications from using BIM The legal profession in both the UK and abroad is on a learning curve with the construction industry when it comes to understanding the impact of BIM on legal relationships. In Digitally Built Britain, the Government refers to the opportunity for “the establishment of a new contractual framework for projects which have been procured with BIM to ensure consistency, avoid confusion and encourage, open, collaborative working.”

Stakeholders must consider how using BIM will alter their contractual documents. For example, how will a principal’s standard form contract address the novel constantly evolving roles played by a BIM manager or the like on a project? Or, on completion of a project, who owns what in BIM? Professional indemnity insurance products may also need to evolve to account for the innovations in the way design takes place through BIM. To date legal solutions have varied project-to-project but generally have centred on the creation and use of a BIM Protocol (such as the standard form Construction Industry Council Protocol in the UK and the AIA and ConsensusDocs protocols in the US). However, it may be necessary to manage

liability and responsibility more comprehensively than by way of a perhaps overly simplistic “order of precedence” clause (for example, in the event of a conflict between the contract and the BIM protocol, the BIM protocol will prevail). It is likely that in the future the “BIM provisions” will be fully integrated and aligned with the existing contractual framework of legal documents.

Changing dynamics The existing legal frameworks in the construction industry have remained largely unchanged for decades, and do not address the dynamics of e-processes and allied digital innovations that are becoming more common in the industry.

Projects using BIM generally focus more on collaboration in early stages, and may be more suited to alliancing contractual arrangements.

The ability to de-risk projects through greater efficiency in the design-build-manageown process-building lifecycle is relatively short compared to the operations and asset management phase of a facility’s life.

Another key issue is the impact of risk allocation and attributing responsibility for BIM management. Parties will need to consider: a) The use of apportionment of liability schemes so as to effectively allocate BIM risk to deal with the implications of multiple contributors using the program (particularly if different design teams are involved at varying stages of the project). b) The “knock on” effects that may be caused by errors made in BIM, including the delay and costs implications. Allocating risk and pinpointing fault will undoubtedly cause difficulties unless systems are properly managed. Parties may wish to incorporate “knock for knock” indemnities

which remove the need to establish fault. c) As is commonly found in the US, addressing potential risk by inserting broad disclaimers in respect to the potential failures of electronic programs. d) The definition of quality standards may require amendments to address the standardisation of BIM guidelines.

Conclusion The increased use of more sophisticated and complex BIM products is inevitable and, as a result, stakeholders should be prepared to consider the associated additional legal issues and ramifications, preferably in the earlier stages of developments. A failure to utilise requisite project management risk allocation and insurance developments could result in many of the advantages that adoption provides being cancelled out.

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Health & Safety CDM 2015 Series Louise Hoskings Chartered Safety & Health Practioner talks through the Hoskin & Associates’ Homeowner Construstion Regulations 2015.

•The client •Contractors •The Principal Contractor (PC) (where there is more than one contractor) •Designers •The Principal Designer (PD) (if there is more than one contractor) Pre-construction (or hazard) information must be available before starting. This could include the location of asbestos or how to isolate a gas supply. It may include drawings which show how an existing foundation was constructed, or the location of underground services. This may mean additional survey work (and time) before the job starts.

A Construction Phase Plan (CPP) must be completed before work starts (for every project.) The regulations specify standards of how the contractor or PC must manage site safety to protect not only those working there, but anyone else who could be affected. The CITB have created a CPP app which can be used to create a plan with minimal fuss. Both the CITB and HSE have templates on their websites too.

Designers must create a concept which can be safely built, used, maintained, and ultimately decommissioned. This could mean installing windows which can be cleaned from the inside rather than via ladder, or choosing an alternative to solvent based chemical products and paints during construction.

The Construction (Design & Management) Regulations 2015 (CDM) came into force on 6th April 2015 and has implications for anyone organising work on their home.

Previously, the majority of CDM only applied in the commercial sector. But statistics tell us it’s the smaller jobs where most people are being harmed – not larger construction projects where there are more resources and greater supervision of workers. The construction industry has the largest number of occupational cancer cases with 3500 deaths and 5500 new cancer registrations each year.

CDM covers construction, alteration, renovation and maintenance – this now includes work by contractors in domestic homes for the first time. It sets legal standards on site safety arrangements including the provision of adequate welfare facilities. Duty holders must be identified as follows:

If a PD has been appointed, a Health & Safety file must be collated by them during the project and presented at the end. It is likely we will see files being requested by conveyancing solicitors when property is brought and sold in the future. This ‘handover pack’ includes information on exactly what has been built, the sequence of build, materials or components installed and how.

The regulations recognise that members of the public commissioning work on their own homes cannot be held accountable in the same manner as commercial clients. Duties are still there, but usually transferred to the PC (or contractor if there is only one).

In most cases, all domestic clients should be concerned with is appointing the PC & PD in writing, and ensuring the Health & Safety file is provided at the end where there is more than one contractor involved in the project. My advice is to receive a commitment from the

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PD or PC, in writing, to ensure the file will be provided within a reasonable time of the project being completed.

In most cases, all domestic clients should be concerned with is appointing the PC & PD in writing, and ensuring the Health & Safety file is provided at the end where there is more than one contractor involved in the project. My advice is to receive a commitment from the PD or PC, in writing, to ensure the file will be provided within a reasonable time of the project being completed.

However, homeowners who actively choose not to cooperate with their builder’s efforts to work safely could be held responsible - especially if they give an instruction, contrary to good advice, which later leads to an incident.

At the end of 2014, the HSE commissioned research which asked homeowners how they choose their contractors.

Very few mentioned safety. This may have to change in the future if, having completed a new bathroom, conservatory or extension, the purchaser requests a Health & Safety file which has never been created, and results in potential delays or complications with a sale.

The HSE have been keen to emphasise a proportionate response. A risk-based approach should be taken; where several trades are a necessity, when structural alteration is being undertaken, or working at height and excavation is required, a greater consideration to safety is required.

The aim of the new legislation is to make everyone think before a spade is put into the ground, a wall is brought down, a new basement propped, or a surface of unknown construction drilled. If followed, there should be fewer surprises along the way. There is a cost to greater safety and supervision which will be passed on. But if it is your son, daughter, brother, sister, husband, wife or partner who cannot enjoy retirement in their own home you would definitely argue it’s a price worth paying. And if you come to sell in a few year’s time only to find no file for your fabulous extension, it may cost considerably more.

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