Building Scotland V14N05

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EXCITEMENT BUILDS THANKS TO STUNNING TRANSFORMATION


A contractor that can deliver your Work on time and budget Give us your dream and we'll build you a reality

Call us on 0141 775 3535 Email us at info@kcrprojects.co.uk

Quality work and a friendly team will get your projects Finished on time and on budget. KCR Projects began in August 2014 and are already well underway to becoming the Contractor of choice in Scotland and Northern England. They are a one-stop-shop for high quality project delivery and offer a wealth of Building and Project Management services. In their short trading lifetime KCR Projects has already attracted and worked with prestigious clients that include; Tesco, Heineken, Morrisons and Bellrock. Having branched independently from its sister company KCR Ltd, KCR Projects is privately owned and managed and has been steadily expanding by the reputable quality of their work and reliability as a contractor. The Company is headed by Craig Adair (Director & Project Manager) and Barrie Gibb (Director & Project Manager) and

between them they have 46 years experience in Project Management and Construction. These personable Directors employ a unique business strategy and always guarantee their direct input at every stage of a job that the company delivers. They offer the flexibility to adapt to specific client needs and costs. Their services can be offered individually or together as Turnkey Management and work ranges in Site Management and labour services. Work typical to KCR Projects can be working directly with a client or working with a contractor and both avenues thrive on the strong positive business relationships they are famous for. As well as completing two head office blocks for Heineken at The Gyle, completely refitting multiple TESCO stores and working with Edinburgh City Council, KCR Projects have recently worked with Streamtec installing a wall screen in AFRC. They have also recently began work on two Lakeland Plastic stores in Aberdeen and Perth, St Ninian’s School in Newton Mearns and school refurbishment works to Tudor Grange Academy in Solihull, Birmingham. Quality is of the greatest importance to KCR Projects and is at the core of the business strategy which is implemented meticulously by the staff and engineers.

www.kcrprojects.co.uk


NEWS - 6

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COMMENTS 18 Paul Cribbens, NHBC Standards Manager, talks about the new standards for 2016 19 James Kelly, BSIA Chief Executive, talks to us about construction safety and site risks 20 Peter Sheridan, Sheridan Gold LLP, discusses contractual interpretation 21 Mark Clinton, Partner Thomas Eggar LLP, considers the issues that arise in adjudicating on contracts that are not wholly in writing 22 TomTom Telematics Director UK & Ireland, Giles Margerison, explains how fleet data can help firms reduce risk and meet their legal obligations 23 Benjamin Dyer of Powered Now looks at the ins and outs of using review sites 24 An Interview with CHR CAD Manager Matt Aspey and their implementation of BIM 25 Michelle Labrosse, founder of Cheetah Learning, talks about Project management Hygiene 34 Patent protection for innovative products. Paul Misselbrook, partner at Appleyard Lees

LEISURE

Publications Editor Victoria Lee Operations Manager Gareth Trevor-Jones Designer Richard Gill Publications Officer Matthew Brown Robert Atherton Approvals Sarah Smith Eleanor Matthews Sales Administrator Alecia Rowe Credit Control Carol Ryan

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30 Exclusive Interview: Digital Construction Week. UK Construction Media talks with Oliver Hughes, Director of Digital Construction Week, about the event

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ISSN 1461-1279 UK Construction Media Stirling House Ackhurst Business Park Chorley PR7 1NY T: 01257 231900 E: admin@ukconstructionmedia.co.uk www.ukconstructionmedia.co.uk

Š Copyright UK Construction Media. All rights reserved. No part of this publication may be copied, reproduced or transmitted in any form without the prior permission of UK Construction Media. Views expressed in this magazine are not necessarily those of the publisher.


The Employment Handbook: Simplifying HR and workplace pensions for the construction industry Employment law, workplace pensions, staffing administration… probably every construction business has been affected by one or more of these issues at some point. Fortunately, there’s now an easier way to address all of them in one. Operating nationally and supporting a huge range of businesses, HR4UK is one of the UK’s leading online integrated HR, employment administration and workplace pension support companies. What makes our service different is that it combines everything into one paperless system, the Employment Handbook. Not only does this give employers the ability to manage the content of their employment contracts and handbook, but it’s also automatically updated as employment laws change so companies are always fully legally compliant. HR4UK is proud to have partnered with UKCG to make the Employment Handbook service available to its members.

A history of supporting business success Since 1980, we’ve been helping businesses reduce managerial time spent on administrative tasks associated with HR and comply more completely with the requirements of current employment legislation. From our launch to the sale of our software through 22 Chambers of Commerce in the 1990s through to the start of our online system in 2003, we’ve produced more than 250,000 employment contracts and supported thousands of small businesses across the UK and Northern Ireland. We have also provided our HR support solution to Sub-Post Offices for more than 20 years.

Easy access to essential employment documentation Our cloud-based employment contract and handbook system, The Employment Handbook, allows employers to manage staff records using an associated system which also manages

disciplinary and other staff matters online. Company employees can access appropriate HR documents and information via the cloud on their computers, iPads or mobile devices. Being paperless, the system has been proven to reduce HR administration by up to 80%!

Expert HR advice via phone and email Our systems are supported with technical, workplace pension and employment-related advice by phone and email from a team of expert advisors and backed with a £20,000 guarantee to cover the legal costs of handling ACAS settlement agreements and Employment Tribunals.

Straightforward NEST pensions scheme and auto-enrolment set-up We can write an auto-enrolment plan for businesses and support or set up a shell National Savings Employment Trust (NEST) Pension Scheme from scratch. We can also administer the NEST Pension Scheme for companies once they reach their Staging Date to help ensure that they comply with their duties and obligations under the new workplace pension and auto-enrolment legislation. This includes automatically enrolling employees who are eligible jobholders and managing opt-ins and opt-outs. Our system keeps a record of all communications as required by law, to comply with employers’ new duties and obligations under the Workplace Pensions Regulations.

The above services and more are now available to UKCG members. To find out more, please visit www.hr4uk.com or contact us on 01455 444222 or email info@hr4uk.com.


Building peace of mind The Employment Handbook: the simple solution to HR and workplace pensions administration Flexible, integrated support which lets you get on with growing your business • Cloud-based employment contract and handbook system for easier management and compliance • NEST pensions scheme and auto-enrolment set-up • Workplace pension and employment-related advice by phone and email • Backed with a £20,000 guarantee to cover the legal costs of handling ACAS settlement agreements and Employment Tribunals.

HR4UK is proud to work in partnership with UKCG to offer support to their members. “MPS is an expanding builders merchants with 4 depots now employing 90 staff. We have used HR4UK.com for over 12 years and are delighted with the accurate advice we receive from their friendly, helpful staff.” Martyn Smith, Managing Director, M.P.S. Builders Merchants Limited

To find out more Telephone 01455 630700 Email info@hr4uk.com


BS NEWS

Affordable homes target set to be exceeded The Scottish Government is on course to exceed its five year target of 30,000 affordable homes by March 2016, Housing Minister Margaret Burgess has announced. Latest housing statistics show that more than 28,000 affordable homes have been delivered and, of that total, 19,025 are for social rent, including almost 5,000 new council homes. Since 2009, and for the first time in 30 years, councils are being awarded funding to build new housing, which has led to 5,666 new council homes across Scotland. The Scottish Government will also spend £195M over the next three years on a new shared equity scheme to help around 6,500 households buy a new-build home. The successor to the existing Help to Buy (Scotland) scheme will focus on affordable homes, with eligible buyers receiving an equity loan towards the purchase price of a new-build home.

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Mrs Burgess said: “Access to good quality housing, for people across Scotland, is my number one priority. “Against a challenging financial background, the Scottish Government is doing everything it can to increase supply. Over the lifetime of this Parliament, our planned investment in affordable housing will exceed £1.7Bn. “Housing is about more than bricks and mortar. We want to help create neighbourhoods, with energy-efficient homes, that provide a safe environment for communities to flourish. “Having more houses is not only good for the economy, it also helps promote social justice, strengthens communities and tackles inequality. “Scotland is leading the way in the UK in pioneering financial innovation. Using government guarantees, loans, grant recycling and new sources of private funding

is substantial and growing. “Examples include the National Housing Trust initiative, which has delivered more affordable homes for less public investment. We have also reduced waiting lists and homelessness, significantly improved housing quality and energy efficiency. “We will introduce a new Private Tenancies Bill that will meet the government’s commitment to give private rented sector tenants increased security, while giving landlords and investors the confidence to continue investing in the sector. “We have worked hard to address the housing challenges we inherited and plan to continue our efforts in the years ahead.”


Shepherd Engineering Services secures multi-million pound Queensferry Crossing contract Leading national engineering specialist, Shepherd Engineering Services has secured a multi-million pound contract to deliver Mechanical, Electrical and Plumbing (MEP) services to the new replacement road bridge over the Firth of Forth, Scotland’s largest infrastructure investment in a generation. Named the Queensferry Crossing, the two year project will see Shepherd Engineering Services deliver MEP systems for the bridge’s North and South approach sections, the central cable stayed bridge, its three towers and abutment buildings. The project comes hot on the heels of a plethora of Scottish contract wins for Shepherd Engineering Services over the past 12 months, totalling more than £40M. Due for completion by the end of 2016 and commissioned by Transport Scotland, the new Queensferry Crossing - set to be the longest three tower cablestayed bridge in the world - will help to ensure the future of this vital element of Scotland’s transport network. One of the most technically challenging elements of the project will see Shepherd Engineering Services deliver its largest ever pre-fabrication installation to date; installing and securing 120 prebuilt road deck sections across the Firth of Forth. In a ground breaking move, these fully formed modules will be developed at a specially created off-site manufacturing hub in Rosyth. This represents the first time Shepherd Engineering Services’ pre-fabrication factory, Shepherd PRISM, has ever designed and engineered modules away from its Yorkshire base. This pioneering move is expected to significantly reduce logistical constraints and costs and ensure the efficient delivery of this key aspect of the major project, which will stand 207 metres above high tide (683ft), equivalent to approximately 22 London buses stacked end-to-end. Shepherd Engineering Services Regional Director for Scotland, Colin Walker, commented: “The Queensferry Crossing project represents a key facilitator to Scotland’s future economic success, so we are immensely proud to be able to support this major

investment in infrastructure. “The development of our unique offsite Shepherd PRISM pre-fabrication facility illustrates our commitment to innovation and smart thinking. Not only will our team of experts be able to maximise efficiencies by creating the bridge modules off-site, we will significantly contribute to a reduction in the project’s logistical and on-site health and safety risks.” In addition to the Queensferry Crossing, over the past year, Shepherd Engineering Services has significantly strengthened its portfolio in Scotland with a string of major contract wins, including a contract from principal contractor Interserve to deliver a full M&E building services installation at the Glasgow Recycling and Renewable Energy Centre. Shepherd Engineering Services has also secured a contract to deliver M&E services from Sir Robert McAlpine at Fife Park, one of the University of St Andrew’s largest and most diverse residences. This project will see the delivery of 324 student bedrooms built over nine accommodation

blocks, as well as the construction of a central energy centre fabricated offsite at Shepherd PRISM in York. In addition, the company has secured a further M&E contract with Interserve on The Courtyard by Marriott Hotel, Edinburgh and a further M&E award with Morrison Construction has been secured at Clyde Valley High School. Shepherd Engineering Services has also progressed works delivering a project with Heron Bros for the University of Glasgow’s new five-storey Stevenson Building, which will be used as a gym and teaching area. Colin Walker added: “Our portfolio and subsequent standing in Scotland continues to go from strength to strength with the 2014-2015 period our most successful yet. “We look forward to building upon this solid foundation and continuing to support Scotland’s burgeoning economic future.”

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BS NEWS

Donaldson’s restoration vision submitted for planning consent Final plans for the restoration of Donaldson’s College and creation of an exciting new build crescent overlooking the historic building in Edinburgh have been submitted in a joint application from City & Country and CALA-Evans. Heritage restoration specialist, City & Country, has lodged details of its proposals to transform the Category A-Listed Playfair building into 117 residential homes, while also converting two gatehouses. Meanwhile CALA Homes proposes to create a split crescent of 84 stunning new build apartments to the north of the building, one of the most recognisable in the Scottish capital. Both City & Country and CALA have been involved in a series of public consultations with local residents, businesses and other stakeholders about the updated planning consents, which were first approved in 2007. Helen Moore, Managing Director of City & Country, said: “This is a truly magnificent building in a World Heritage Site, so it is absolutely right that such time and effort has gone into the public consultation. “Having listened carefully to extensive

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feedback we are confident that our plans provide the best possible solution to safeguard the iconic Playfair building, while sensitively adding a new layer of history to the site. “The local community, businesses and the City of Edinburgh Council have all stated how important it is to see this building secured for future generations and it is vitally important that a viable new use is found. “After much work, we hope our plans will be approved, allowing the next positive chapter in the life of the Playfair building and for the Donaldson’s site to be realised.” City & Country will create stylish conversion apartments, from studios up to three bedroom luxurious duplexes with views over the city. Being an expert in the restoration of listed buildings the proposals are very sensitive to the heritage of the building and many historic features are being retained including original joinery, fireplaces, cornices and staircases. Through the clever use of space, including the basements and attics, City & Country will create a varied mix of property types, while leaving virtually no vulnerable void areas. Crucially, the planning submission ensures there will be no additions or extensions to the existing building and the South lawn

will remain an open, grassed area. CALA’s proposed new crescent to the north of the site would create a varied mix of property types, including family units, one bed apartments, maisonettes, ground floor apartments with private gardens and magnificent penthouses. Parking for all residents would be within discrete underground car parks. All of the new properties would boast panoramic views of the Donaldson’s building, its 17 acre setting and beyond. David McGrath, Managing Director of CALA Homes (East) said: “Throughout the process we have liaised closely with planners and with other departments within the City of Edinburgh Council. It has been reassuring that they have been so committed to seeing this site restored. “We are excited to be submitting our final plans after a detailed and lengthy process. Now we look forward to the chance to deliver what would be a truly outstanding addition to a very special location.”


Cupar North Masterplan previewed The Masterplan for the Cupar North expansion was unveiled to local residents, with the developers also revealing it could create more than 700 jobs. The exhibition held in Cupar, outlined the potential for new homes, jobs and investment for the area over a 20 year period. Included was a comprehensive explanation from the Cupar North Consortium, comprising Persimmon Homes, Headon Developments and VICO Properties, of the benefits and detailed planning of the proposed growth over the coming years. A great deal of time and planning expertise has resulted in a proposed infrastructure that will not only provide new homes it will also deliver a new primary school, business and

employment land, land set aside for the growth of local GP and hospital services. A relief road will be supplied by the developers in the first half of the development that will allow traffic, HGVs in particular, to avoid the town centre which will improve air quality and pedestrian safety in the town centre. David Wardrop, Planning Consultant and spokesperson for the Consortium, said: “If you look back at the growth of the town over the last 20 to 30 years, there has been a considerable amount of new housing with developments at Ceres Road, The Drum, Westfield Road, Thomastown and Millgate in particular. Whilst all of these developments have added to traffic, school rolls, GP waiting lists and so on, none have delivered any meaningful mitigation such as can

be secured through Cupar North. “It is estimated that the new households will generate an annual gross expenditure of £31.8M with an additional £7.4M being spent in the first year of residents moving into their new homes. This will be of considerable benefit to local businesses.” In addition, the Masterplan proposals show that the new roundabout to the east will open up access to land to the south of the A91 which is identified for employment use making delivery of these far more viable.

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FAKRO ROOF WINDOWS - CHANGE THE FACE OF SCOTTISH INTERIORS 2015 has seen FAKRO announce the launch of several new roof windows as well as an innovative concept in light tunnel design. With forecasts suggesting continuing growth for the loft conversion sector and new builds at last turning the corner, this will add yet further scope to designers of all building types. With the upsurge in energy-efficient and airtight construction, the demand for high performance roof windows has never been greater. The latest highly insulated, airtight home to use Fakro roof windows is a self-build for Michelle Sutherland and Neil Thompson in fashionable North Berwick. The Passivhaus home was designed by Certified European Passivhaus Designer, Julie Wilson, of Dunbar based Brennan and Wilson Architects. Seven roof windows were installed on the south facing roof alongside solar PV and solar thermal panels, the net result of which is net credit on energy bills.

Eagle Brae luxury log cabins Flat roof window technology has been taken a stage further with the introduction of the Gable System. Designed to provide an easy-to-install 120° duo pitch, it enables natural light to be maximised while effectively raising the ceiling height. The standard system uses four standard FAKRO windows of 78cm or 114cm width and height of 118cm, with all the necessary fitting accessories such as timber kerb, EPS panels, auxiliary rafters and flashings provided. A lining is also available for the plywood inner facing and windows can be equipped with standard Fakro internal or external blinds. For traditional pitched roofs, the introduction of a high-pivot PVC roof window is a major breakthrough. Working on the same principle as a centre pivot window, the innovative hinge mechanism of the PYP-V is positioned higher in the frame, enabling users to stand unobstructed in an open window. The window design provides considerably extended height and is available in Golden Oak and Pine to complement exposed beams, doors and floors as well as white to match standard PVC windows. All have the topSafe system of lock and hinge reinforcement, are ideal for rooms in which elevated levels of water vapour are regularly experienced and can be installed at pitches between 15° and 90°. Light tunnels have transformed dark or windowless rooms and passageways by bringing natural daylight to them. Ideal for extensions where the proximity of adjacent buildings limits availability of sunlight on lower floors, the new SRZ-L 550 light tunnel has been designed to be less obtrusive on the roof. Rather than rely on the use of a traditional dome, it has a flat profile similar to a roof window. The rigid aluminium light tube is so efficient that over 98% of the light is passed to the ceiling diffuser and into the room. For the builder, an integrated flashing also makes it far quicker and easier to install.

Roof windows in zinc roof

Recent developments have even extended to flat roofs for which products can now offer a combination of high performance and contemporary design. The quadruple-glazed DEF U8 offers style, performance which surpasses Passivhaus requirements and electrical operation incorporating Z-wave technology. Most manufacturers still offer only dated designs with poor U-value performance but modern FAKRO profiles enable flat roof extensions to incorporate windows which can be used as a feature of interior design. The product can be manufactured in any size from 600 x 600 to 1200 x 2200mm so replacement of old, thermally inefficient skylights is straightforward, even if non-standard sizes were previously used. Manually operated and non-opening options are also available as are equivalents with a domed glazing unit.

The pace of development is leaving some manufacturers behind, both from the perspective of performance and visual aesthetics. FAKRO’s ability to meet bespoke, project-specific requirements, in Scotland in particular, is increasing the gap.

North Berwick Passivhaus


FAKRO ROOF WINDOWS – WHAT YOU SHOULD KNOW.

As you know, at FAKRO we’ve always invested in research and development to bring you a range of roof windows that offer some of the most innovative features on the market. They provide more light, with sleek modern frames which have the operating handle in the base of the sash. Our FTT Thermo U8 window with Uw= 0.58W/m2K is one of the most efficient on the market and you can rest assured that every one of our products carries the CE mark.

www.fakro.co.uk

FOR THOSE WHO KNOW


BS NEWS

ISG secures £11M wins in Glasgow ISG has been awarded three prestigious contracts within Glasgow city centre, with a combined value in excess of £11M. Securing two projects on Glasgow’s Queen Street - ISG will undertake a £7.5M project at Royal Exchange House for Esson Properties, one of Scotland’s most successful and respected privately owned property development and investment companies. At 110 Queen Street, the contractor is due to commence a substantial project for one of the country’s leading professional services firms. In nearby West George Street, ISG has also been awarded a circa £2.3M scheme for urban regeneration specialist Whiteburn Projects. Located on the corner of Queen Street and Ingram Street, Royal Exchange House will undergo significant structural strengthening, enabling ISG to construct

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two additional floors, totalling 10,000sq ft of new office accommodation at roof level on the six-storey structure, carrying out a Cat A fit out of the existing open plan office accommodation. As the scheme will be delivered within a live environment, the existing basement access route through the building to the neighbouring properties will be maintained for the duration of the works. At 110 Queen Street, ISG will undertake a fast-track programme to fit out new office accommodation on the building’s fifth floor. The Company will replace and upgrade the building’s mechanical and electrical services and complete an internal fit-out and reconfiguration of the existing space, creating a number of new cellular offices and meeting rooms. Work has commenced on a project at 100 West George Street where ISG will carry out a major refurbishment of the existing

six-storey office building. Over 19,500sq ft of open plan, high-specification office accommodation will be created across the upper four floors, with space on the lower ground and upper ground floors prepared for a restauranteur to fit-out. ISG will also remodel and refurbish the entrance and reception areas to a high standard. Andy McLinden, ISG’s Scotland Regional Managing Director, commented: “There are encouraging signs of growth in the Glasgow office market and securing three projects in such close proximity underlines this positive sentiment. Reinvigorating existing property assets by increasing capacity, remodelling and upgrading accommodation will be a key trend moving forward and ISG is well positioned to take an increasing share of this growing market.”


Approval granted for 177 new homes in Pennywell Planning approval has been granted for the development of a further 177 houses and apartments in Pennywell, northwest Edinburgh. Urban Union’s second phase plans for the Pennywell Living development is part of an overall vision with the City of Edinburgh Council to deliver approximately 719 homes in the area. The latest phase comprises a range of twoand three-storey terraced, semi-detached town houses with modern exteriors and three new blocks of apartments, all centred around a village green space. Work is intended to start on site late 2015 and the first homes will be released for sale early 2016. Graeme Nicol, managing director of Urban Union, said: “The granting of planning permission for the second stage of works marks another milestone in

our partnership with 21st Century Homes and our plans to provide much needed homes in the Pennywell area. “We will now begin to build a further 177 homes, which have been carefully designed with young couples, families and downsizers in mind. With the highest quality fittings and finishes, we expect interest in these homes to be high.” Pennywell Living is the result of a major investment of £42M by The City of Edinburgh Council’s 21st Century Homes programme, which will see Urban Union deliver 356 new social and mid-market homes for rent from the Council alongside 363 new properties for private sale. Councillor Cammy Day, Housing Convener for the City of Edinburgh Council, said: “The construction of the first phase of Pennywell is well underway, and the

completed new homes look absolutely fantastic. Bringing good quality houses at prices that hard-working families can afford will encourage people to move into the north of the city, create jobs and in turn, stimulate the economy. “The Council is investing heavily in order to meet the high demand for homes in Edinburgh and to create sustainable neighbourhoods, such as Pennywell, by working with local communities and partners such as Urban Union.” This phase will deliver 85 houses and 92 flats in total with 75 proposed as affordable and 102 for market sale. The development is part of a much wider regeneration programme, which is creating new public open spaces, apprenticeships and a community benefits programme providing a range of activities and events for local people.

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BS NEWS

New circular launched for Scotland’s historic environment sector Frontline planners across Scotland will see the final details of how new historic environment legislation will affect them as of October 1st via the new Historic Environment Circular. In October 2015, the functions of Historic Scotland and The Royal Commission of Ancient and Historic Monuments Scotland (RCAHMS) will transfer to the newly formed Non-departmental Public Body (NDPB) Historic Environment Scotland. This will result in some small changes to the current regulatory work of the Heritage Management Department, who provide advice, guidance and policies on key subjects relating to the historic environment from designation to listings and scheduling. The changes come as a result of new regulations following the Historic Environment Scotland Act, and as well as simplifying procedures. The aim is to make the process of planning in relation to the historic environment more transparent. To ensure that colleagues across the sector are aware of the changes ahead of

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them coming into effect on October 1st, Historic Scotland has compiled a circular outlining what the changes are, and what this means for planning authorities. Barbara Cummins, Director of Heritage Management for Historic Scotland, said: “Although many elements of our work will remain the same, there are a number of key changes that will come into effect through the new legislation. “This includes the introduction of a right of appeal against decisions on scheduling, listing and scheduled monument consent, as well as the publishing of all of our decisions online, through a new planning portal, which will launch in October. “The Historic Environment Circular provides a comprehensive guide to these changes and Historic Environment Scotland’s wider role in the planning system. To ensure planning departments across the country know how the changes will affect them, in addition to publishing the circular we are also conducting outreach sessions with

local authorities during September, building on earlier sessions this year.” From October 1st, Historic Environment Scotland will publish all decisions taken in relation to scheduling monuments, listing buildings and handling scheduled monument consent. Currently advice issued by Historic Scotland is posted on the relevant local authority’s planning portal, however the new portal will provide a forum for all decisions taken by the new organisation to be hosted centrally. HES will continue to be a statutory consultee on applications for consents within the planning system affecting certain aspects of the historic environment. The Historic Environment Circular 1 is available to read or download as a PDF here.


Minister welcomes call for a statutory registration scheme for electricians Scotland’s Energy Minister has told a major European conference in Edinburgh that he believes that properly qualified and competent electricians in Scotland should be registered to protect consumers. Mr Ewing, Scotland’s Minister for Business, Energy and Tourism, told electrical contractors, installers and building services experts from all over Europe: “We need to make sure that the public has confidence that when they choose an electrician they know that are using a properly qualified and competent tradesman. “Strong, well thought out and sensibly policed regulation is in the interests of everyone in the construction sector and Scotland will continue to play its part in improving and promoting best practice across the board.” Mr Ewing was speaking at the AIEGCP Europe Installers Summit 2015 at the Radisson BLU Hotel on the Royal Mile in Edinburgh, hosted by SELECT, the campaigning trade body for Scotland’s electrical sector. The European Association of Electrical Contractors - the AIE - comprises 20 national associations representing 175,000 contractors, a workforce of 900,000 and a turnover of e60Bn. It is a strong and multi-national voice speaking for the interests of the Industry within Europe. GCP Europe is the voice of the efficient building engineering services, representing and promoting the interests of the Building Services Engineering Sector. It has 22 member associations in 18 countries. SELECT’s Managing Director, Newell McGuiness, said: “It was a great honour to be able to welcome these major, multi-national organisations to Scotland for the AIE-GCP Summit and SELECT is pleased to support the Minister’s stand on registration in the industry.”

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Who is the Principal Contractor after Handover? It is relatively common that a facility is handed over to the client operations before all snagging on a construction project, or even the main construction scope, has been completed, resulting in the client’s management systems taking precedence over the principal contractor’s. As the client is now ‘in control’ of the facility, can the principal contractor, appointed under the Construction (Design and Management) Regulations 2015 (CDM2015) remain as the principal contractor? Historically the construction project has been deemed to be completed at handover, even though is wasn’t, and the client’s management systems were operated as for any work undertaken within the facility. CDM2015 defines the principal contractor as follows: “principal contractor” means the contractor appointed under regulation 5(1)(b) to perform specified duties in regulations 12 to 14; The duties referred to that a principal contractor must perform are: Reg.5(1) Where there more than one contractor will be working on a project at any time, the client must appoint in writing a contractor as principal contractor. Reg.12 Before setting up a construction site, the principal contractor must draw up a construction phase plan. The construction phase plan must set out the health and safety arrangements and site rules taking account activities taking place on the construction site and, where applicable, must include specific measures concerning work which falls within one or more of the categories set out in Schedule 3. Throughout the project the principal contractor must ensure that the construction phase plan is appropriately reviewed, updated and revised from time to time so that it

Reg.13

continues to be sufficient to ensure that construction work is carried out, so far as is reasonably practicable, without risks to health or safety. During the project, the principal contractor must provide the principal designer with any information in the principal contractor’s possession relevant to the health and safety file, for inclusion in the health and safety file. The principal contractor must plan, manage and monitor the construction phase and coordinate matters relating to health and safety during the construction phase to ensure that, so far as is reasonably practicable, construction work is carried out without risks to health or safety. The principal contractor must take into account the general principles of prevention. The principal contractor must organise cooperation between contractors (including successive contractors on the same construction site) and coordinate implementation by the contractors of applicable legal requirements for health and safety. The principal contractor must ensure that employers and self-employed persons apply the general principles of prevention in a consistent manner, and comply with the provisions of Part 4 and the construction phase plan. The principal contractor must also ensure that a suitable site induction is provided, steps are taken to prevent access by unauthorised persons to the construction site; and that facilities that comply with the requirements of Schedule 2 are provided throughout the construction phase.

CDM2015 requires a Construction Phase Plan for all construction work and a principal contractor appointed to manage the health and safety of the project if more than one contractor is involved in the project. As snagging will almost inevitably involve more than one contractor


and the snagging is still part of the original project, the full requirements of CDM2015 still apply. It is difficult to envisage the original principal contractor being able to manage the health and safety of the snagging work when the client’s management systems take precedence and the likely event of the original principal contractor not being present at the facility when all of the snagging work takes place. It should also be appreciated that at the latter stages of most, if not all, construction projects is when the greatest risks for accidents occur. This is due to a number of factors, as follows: • The client’s pressure to get the project finished • The construction personnel’s desire to get onto the next project • The fact that snagging is re-work that is costing the contractor money • The relatively small nature of snagging tasks and the resultant lack of planning • The potential interfaces with other contractors’ and client’s personnel

The most relevant issue to be considered for who should be the principal contractor during snagging after handover is who is in control? The client will certainly have to some extent control of the work areas, which even as far back as the Health and Safety at Work, etc. Act 1974 places legal obligations on the client, particularly as require by the following Sections: 2. General duties of employers to their employees. 3. General duties of employers and self-employed to persons other than their-employees. 4. General duties of persons concerned with premises to persons other than their employees.

Section 4 of the Health and Safety at Work, etc. Act 1974, states: (1) This section has effect for imposing on persons duties in relation to those who(a) are not their employees ; but (b) use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there, and applies to premises so made available and other non-domestic premises used in connection with them. (2) It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health. The management of health and safety post-handover, with construction snagging still taking place, is complex, with not sufficient consideration given to this phase of a project. It is likely that the most effective, and possibly legal, option is for the client to appoint themselves as principal contractor for any work undertaken after handover, but there are other options, dependent on the facility layout, timescales and the extent and complexity of the snagging work. This subject is further discussed in the Callsafe Services Limited October 2015 ebook.

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BS COMMENT

Introducing the new NHBC Standards 2016

By Paul Cribbens, NHBC Standards Manager For nearly 80 years, the NHBC Standards have provided the housebuilding industry with trusted technical guidance. They have been consistently developed, reviewed and revised, ensuring that the technical content, and publication format, keeps pace with innovation and changes in practice. The new 2016 edition of the Standards maintains this tradition by offering the most complete set of technical information yet, published in a user-friendly, up-to-date format. The Standards will continue to support the industry in the delivery of high quality new homes as production levels continue to increase across the country. Last year, more than 145,000 new homes were registered in the UK, with NHBC reporting that volumes so far this year are showing an increase on the successful year in 2014.

Working with industry

By working closely with house-builders and industry professionals to develop the content, the NHBC Standards are highly regarded by the industry as a practical, authoritative and accessible source of technical information. Setting clear and balanced technical benchmarks, and providing detailed guidance on how to achieve them, the Standards have always been the cornerstone of NHBC’s standard-raising activities. This autumn, hard copies of the new edition of the NHBC Standards will be delivered to registered builders, housing associations and industry professionals nationwide. Prior to this, Standards Plus – the online version of the Standards document – will be made freely available to all visitors to the NHBC website (www.nhbc. co.uk). Both versions have undergone extensive design revisions, changing the look and feel of the Standards for the first time in over two decades. The Standards will become effective for every NHBC Registered home whose foundations are begun on or after the 1st January 2016 and will apply throughout the UK unless otherwise stated. The revised version now includes: ••a completely new design – including front cover and chapter dividers ••greater use of technology to deliver technical information ••consolidation of the design, materials and siteworks sections ••more logical sequencing of content ••revision of all illustrations into a

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consistent and modern style. Although there will be fewer pages, aside from the removal of outdated content and the inclusion of Chapter 5.4 ‘Waterproofing of basements and other below-ground structures’, the technical content remains broadly the same as the current edition. However, there are a few additions which provide new guidance for: ••the positioning of wall ties at the top of gable walls ••protective coatings to steelwork ••liquid applied roofing membranes ••fixings for coping stones on gable walls ••ventilation ductwork

Spotlight on basements

In terms of content and as the major change in the new set of Standards, Chapter 5.4 ‘Waterproofing of basements and other below ground structures’ forms a key component of NHBC’s long-running campaign to address serious issues with basements. In 2013, NHBC launched this campaign highlighting significant problems with the design and construction of basements. Between 2005 and 2013, claims related to waterproofing below ground cost NHBC in the region of £21 million and affected around 890 homes. This new Chapter introduces meaningful benchmarks and supporting technical guidance for a range of situations where the structure is required to resist the ingress of water from the ground and other sources, where ‘normal’ waterproofing arrangements are not considered appropriate. Although the Standards have contained guidance for basements for many years (Chapter 5.1 ‘Substructure and ground bearing floors’), with increased use, predictions about heavier rainfall in the future and rising water tables, we believe that the time is right to expand on this guidance and ensure that the waterproofing of below ground structures is sufficiently robust to meet the high demands placed upon it.

Design requirements

Chapter 5.4 explains where waterproofing may be required, and where the new Chapter applies. Structures requiring waterproofing range from those where the external ground levels have been raised around the perimeter to within 150mm of the internal floor finish, to deep basements where there may be several levels below ground, and include any other structure near to or below ground level where

waterproofing may be required. Robust design should be undertaken by suitably qualified waterproofing experts, and be suitable for the specific ground and building conditions. The design should: ••be undertaken by a suitably qualified specialist who has obtained the Property Care Association ‘Certified Surveyor in Structural Waterproofing’ qualification ••be appropriate to the level of risk where waterproofing is to a part of the structure forming a space where ‘Grade 3 protection’ is required (habitable accommodation) and more than 600mm of ground is being retained, a combined system comprising two types of waterproofing should be used ••consider the likely ground conditions - where the waterproofing is to more than 15% of the perimeter of the building or more than 600mm high, an appropriate investigation of the ground conditions should be undertaken. In summary, the NHBC Standards 2016 will provide the builders who are constructing the nation’s homes with the very best practical advice and guidance. We would urge people within the industry – whether they are technical directors, construction managers, architects, designers or site managers – to familiarise themselves with the new layout and the updated content. NHBC’s Technical Helpline is there for people to use should they have any queries as they adopt these new Standards. Contact Standards and Technical if you have any queries on 01908 747384 technical@nhbc.co.uk Paul Cribbens


Sunday 25th October will see the official end of British Summer Time and the commencement of much darker nights. As such, with the vulnerable nature of the construction industry it is essential that these organisations are aware of the risks they may face on a daily basis. James Kelly, Chief Executive of the British Security Industry Association (BSIA), takes a look at some of the factors that construction companies should be considering in order to ensure maximum protection of both property and personnel. Construction sites can be an extremely attractive target for thieves, particularly as they are often left secluded outside of hours with many valuable materials and equipment having to be stored outdoors unattended. If these valuable materials are stolen, it can have detrimental consequences for a business, causing significant delays in building work and not to mention financial losses. In addition to this, there are also potential threats to the personnel working both on these sites and off-site. As such, new security techniques are regularly evolving in order to tackle these threats and mitigate losses.

Recognising the Risks

Every single construction site, big or small, will have its individual risks and security requirements, with many sites playing hosts to a number of contractors entering and exiting at different times during the day. As such, it can be beneficial for those responsible for procuring a site’s security to carry out a risk assessment of an impending site before work begins. Mike O’Neill, Chairman of the BSIA’s Specialist Services Section advises that “as a business, it is absolutely essential to know what you’re protecting yourself against.” At the heart of any businesses security and its resilience to threats is the risk register. This is a key risk management tool that helps a business identify the day-to-day risks that it faces and the best ways to counteract them. However, it can sometimes be difficult for a business to adequately identify its risk register on its own; as such, outsider knowledge provided by professional security consultants can be invaluable. Security consultancies provide independent professional support to ensure that measures required by clients correspond to both existing and emerging threats, whilst complementing a business’s environment and operation. Working closely with the business, consultants help design a holistic security strategy that complements the business’s operation in order to address the protection of people, building, assets and ultimately, reputations. Security consultants can also act as project

manager, overseeing the implementation of security controls and ensuring that all the necessary procedures are carried out.

Protecting Personnel

Moving away from the topic of construction sites in general, while it is extremely important for construction companies to protect their premises, it is just as important for them to be protecting their employees from any potential risks. Construction personnel can be required to work alone either on-site or off-site, with some companies having workers who provide building maintenance to a number of different facilities. These workers are often required to work alone at unfamiliar locations during different times of the day or night, putting them at a number of potential risks including violence or aggression from intruders, occupational risks such as trips or falls or even risks to their wellbeing in general. Increasingly in the workplace, personal responsibility is seen as the job of the organisation rather than the individual. However, it must be a combination of both the organisation and the lone worker to ensure that this happens, the lone worker must be looking out for themselves, but the organisation has a Duty of Care to their workers to give them the tools to do so. It is a big responsibility for both, because while the individual stands in the way of harm, the organisation may lose a valuable employee, at least for a period, and stand accused of failing in its duties. This can have potentially devastating consequences with the threat of legislation and litigation. To mitigate these risks there are a number of security solutions available to ensure the protection of lone workers. Usually, these systems, such as personal alarms, are linked directly to the Police or an Alarm Receiving Centre, allowing for a fast response should a potentially harmful

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Constructing a Safe Environment situation arise. However, when choosing a device, it is most important that it meets with the British Standard BS8484, a Code of Practice for the provision of lone worker services. This standard is employed and adhered to by any credible supplier in the industry and forms the basis for police response to lone worker systems. VINCI Facilities, part of VINCI – a big player in the construction industry – is one company that has been using lone worker security to protect personnel, adopting BSIA member Skyguard’s personal safety service to mitigate potential risks to all of their lone workers1. They used Skyguard’s MySOS, a small and light BS8484 approved personal alarm which allows lone working staff to call for help at the touch of a button, wherever they are, 24 hours a day. If an alarm is raised it is immediately sent to Skyguard’s own purpose-built Incident Management Centre (IMC) where controllers will listen in, locate the user, assess the situation and take the appropriate action – such as escalating the call to the emergency services. This allows for the lone worker to feel secure in unfamiliar situations and gives the employer peace of mind that their employees are as safe as possible.

Sourcing a Supplier

Ultimately, the most important factor in choosing any security product or service is that you are choosing from a reputable supplier that meets with the relevant British and European standards. BSIA members are inspected to the highest standards and offer a reputable service. To locate a BSIA member near you, visit www.bsia.co.uk/ find-a-local-security-company. 1 www.bsia.co.uk/Portals/4/ Case%20Studies/Lone%20Worker/ Skyguard-VINCI-Case-Study.pdf

James kelly

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BS COMMENT

How to Read a Contract

By Peter Sheridan, Partner, Sheridan Gold LLP The starting point for the law on contractual interpretation is the classic statement in Lord Hoffmann’s judgment in Investors Compensation Scheme Ltd v West Bromwich Building Society (1998). “Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract.” The background, or matrix of fact, is broad and means anything (so long as it is relevant: see BCCI v Ali (2002)) which would affect how the document would be understood by a reasonable man, except that the law excludes from the admissible background the previous negotiations of the parties and their declarations of subjective intent. These important exclusions were reinforced in the more recent House of Lords case Chartbrook (2009). The factual matrix may be used to resolve ambiguity and may even lead to the conclusion that the parties have used the wrong words (see Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd (1997); The Antaios (1985)). Business common sense is also applied to assist in interpretation. Generally, though, where the parties have used unambiguous language, the court (or other tribunal) must apply it: see e.g. the decision of the Court of Appeal in Cooperative Wholesale Society v National Westminster Bank plc [1995] 1 EGLR 97 and the decision of the Supreme Court in Rainy Sky SA v Kookmin Bank [2011] UKSC 50 at [23]. Therefore, if there is no ambiguity, one does not normally get as far as considering the factual matrix or business common sense. This approach has recently been emphasised by the Supreme Court in Arnold v Britton (2015), its most recent consideration of the principles of contractual interpretation. Where the parties have used ambiguous language, and there are competing interpretations to be considered, the correct approach is to ascertain what a reasonable

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person, who has all the background knowledge reasonably available to the parties at the time of the contract, would have understood the parties to have meant (see eg Rainy Sky). This approach should lead to which of the two possible meanings of ambiguous terms is the correct one. The law on implied terms is similar to that on express terms; so much so that it could be said that the law on implied terms does not add anything to the rules of construction of express terms. The leading case is now the Privy Council decision in Attorney General of Belize v Belize Telecom Ltd (2009); again it is Lord Hoffmann, as in the Investors Compensation Scheme case, who has stated the up-to-date position. “The court has no power to improve upon the instrument which it is called upon to construe, whether it be a contract, a statute or articles of association. It cannot introduce terms to make it fairer or more reasonable. It is concerned only to discover what the instrument means. However, that meaning is not necessarily or always what the authors or parties to the document would have intended. It is the meaning which the instrument would convey to a reasonable person having all the background knowledge which would reasonably be available to the audience to whom the instrument is addressed...” While the law has not really changed significantly, the various alternative tests of the past for implied terms, such as the obvious, unexpressed intention of the parties and necessary to give business efficacy, are all encompassed by and replaced with the single test as to what the instrument, read as a whole against the relevant background, would reasonably be understood to mean. The courts have not readily abandoned the concept of implied term, or the old tests, but they are merely another way of expressing the same concept as the rules for construing express terms. To sum up on the law on construing contractual terms, there is now a single test to be applied, which is the ascertainment

of the meaning which the document would convey to a reasonable person having all the relevant background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract. In a future article, I will consider a recent application of these principles to a construction contract. For more information, contact Peter Sheridan Partner at Sheridan Gold LLP T: 01737 735088 E: psheridan@sheridangold.co.uk www.sheridangold.co.uk

Peter Sheridan


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Deal or no deal? Mark Clinton, Partner Thomas Eggar LLP, considers the issues that arise in adjudicating on contracts that are not wholly in writing. Old habits die hard. One of the construction industry’s bad habits, which shows no sign of expiring, is starting projects before the contract is finalised. The law reports are full of examples of the unfortunate consequences this can have, but the lessons have not been learned. When statutory adjudication arrived in 1998, it was limited to disputes arising from contracts which were in writing. The courts clarified the position, saying the whole of the contract had to be in writing. When the legislation was amended with effect from 2011, the requirement for the contract to be in writing was removed. This was an acknowledgment that the old habit persisted. It remains the case that statutory adjudication only applies where there is a contract but it no longer needs not be a written one. When the change was made to the legislation, some commentators foresaw problems. The conventional way of enforcing an adjudicator’s decision is to go to court for summary judgment. To succeed in an application for summary judgment, the claimant must establish that the defendant has no real prospect of successfully defending the claim and there is no other compelling reason why the matter should proceed to a full trial. Cases as to whether a contract has been made but not fully recorded in writing or as to what the contract terms are notoriously difficult and often unsuitable for summary judgment. The doubters reasoned that if the defendant can show that there is a sensible argument that there is no contract or that the terms of the contract are different to those on which the adjudicator based his decision, such adjudications could run into difficulty when it came to enforcement. Over the following four years the issue did not raise its head … until the decision in Purton v Kilker Projects this September. Kilker was on the receiving

end of an adjudicator’s decision and to those relied on by the adjudicator; ran both lines of argument referred or (iii) contained terms which would to above. Purton said a contract was have meant the adjudicator may agreed in a conversation, Kilker said or would have come to a different there was no such agreement, they conclusion if he had applied them. denied that any such conversation took We will no doubt see these questions place. They also argued that if there addressed in future cases. They provide was a contract, it was not the contract another reason, if one is needed, why which was referred to adjudication. parties should make sure their contracts As to the first line of argument, the are put in place before work starts. court reminded itself of previous cases which had established that one of the Mark Clinton, Partner, Thomas Eggar LLP factors to be taken into account in this sort of case was that the fact that the transaction was performed on both sides will often make it unrealistic to argue that there was no contract. However, the court noted that it does not necessarily follow from the fact that the work was performed that the parties must have entered into a contract. On the other Mark Clinton hand, it is a very relevant factor pointing in that direction. On the facts of the case, the court rejected the argument that there was no contract. However, the court accepted that such a situation could arise even where the transaction had been performed and accepted that a defendant could defeat enforcement by summary judgment on that basis. On the second argument, the judge did not consider that Kilker had no real prospect of establishing that the contract was not as alleged by Purton. However, crucially in this case, that would not provide Kilker with a defence because, whoever was correct about the contract terms, the adjudication procedure would be the same, as would the substantive merits of the case decided by the adjudicator. The case left open at least three questions: would the decision be enforceable if the defendant had a real prospect of establishing that the contract (i) provided for a different adjudicator nominating body from the one that made the appointment; (ii) provided for different adjudication rules

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Managing risk and compliance with fleet data Road risk management should form an integral element of construction companies’ risk management strategies. TomTom Telematics Director UK & Ireland, Giles Margerison, explains how fleet data can help firms reduce risk and meet their legal obligations. According to HSE accident statistics, the construction industry accounts for 31 per cent of all fatal injuries to employees. Despite being a high risk business sector however, significant improvements have been made over recent years in reducing the number and rate of injuries to workers. That’s the good news. The bad news? A report published by the Transport Research Laboratory found that a higher priority has been given to onsite health and safety than to road risk. The Health and Safety Executive’s advice is clear – companies and their HR departments should ensure workrelated road safety is integrated into wider arrangements for managing health and safety at work. To ensure risks are effectively managed they must address their health and safety “policy, responsibility, organisation, systems and monitoring”. With around a third of all road traffic accidents believed to be work-related, the importance of road risk management is brought into even sharper focus. Furthermore, effective risk management can help construction companies achieve Fleet Operator Recognition Scheme (FORS) accreditation. Recognition under the scheme, which has now been rolled out nationally, gives customers peace of mind that the organisations they do business with take safety and compliance seriously.

Unleash the power of fleet data

Simply ensuring vehicles are roadworthy and that drivers hold a valid licence is not sufficient to ensure their safety. Construction companies must strive to achieve a cultural shift among their employees to make sure policies are adhered to and that lasting improvements in a fleet’s risk profile are realised. Telematics technology provides realtime information and insights into mobile operations, empowering businesses to identify and tackle risk as well as improve their operational efficiencies. Ultimately, driver error remains the biggest single cause of road traffic accidents and modern systems empower management to monitor the performance of staff, helping to enforce behavioural changes and to modify driver attitudes. Behavioural data such as fuel consumption, incidents of speeding, idling, and even harsh steering or braking can be

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monitored by construction managers – and this information can simultaneously be fed live to workers, to their invehicle terminals, enabling them to change their behaviour in real time. By meeting targets to reduce the frequency and severity of motor claims, building contractor Breyer Group has benefitted from a 20 per cent premium reduction from its motor insurer. Using driver behaviour monitoring tools to underpin a three-year risk management programme, the company has already realised fleet insurance savings of £60,000 over the last 12 months.

A helping hand for working time compliance

The number of hours that a driver spends behind the wheel has long been monitored and reported by telematics systems, helping managers to enforce policies of regular breaks. Recent advancements however now allow for more effective management of driver hours and tachograph usage – reducing time-consuming administration and freeing up value business resources. Smart tachograph management software systems can help reduce the risks of prosecution by automatically scheduling remote downloads to ensure deadlines are never missed. These systems also now incorporate reporting analytics to detail driver infringements. Fines of up to £5,000 and, in some cases prison sentences of up to two years, can be imposed following convictions for drivers’ hours violations and tachograph offences. In light of this, the value of such systems cannot be underestimated.

Effective vehicle maintenance According to road safety charity Brake, more than 2,000 accidents a year are caused by poor vehicle maintenance. Ensuring the roadworthiness of fleet vehicles should therefore be at the very heart of a construction company’s risk management strategy. With a telematics system, managers can make use of the real measured mileage from their vehicles to plan service maintenance intervals. Reports can be generated offering maintenance overviews and enabling users to create maintenance tasks for each vehicle, copy maintenance tasks to vehicle groups, monitor their status and plan ahead. Furthermore, the vehicle safety check

process can even digitised. Applications that can automate such tasks have been specifically designed to be hosted on customisable driver terminals. These terminals can then be integrated with telematics platforms to improve business workflow and provide a reliable audit trail. By reporting trouble codes directly from vehicle engines, telematics systems can also offer construction managers insights into how vehicles are performing. Engine faults, for example, or low oil warnings, can be immediately flagged up and fixed by management before they become more serious problems.

Assistance in adhering to site restrictions

Telematics software can enable geofences to be set up on and around construction sites to ensure mobile workers stick to designated access roads and do not drive in prohibited areas. Where strict planning and access restrictions are in place, this can prove invaluable. Moreover, real time warning alerts can be set up to alert managers if drivers, journeying on and off site, break speed limits. Historical reports on speed and time spent by vehicles on site can be also accessed by managers for retrospective analysis. By following best practice risk management procedures for their fleets, construction companies can look to the future with peace of mind knowing they’ve fulfilled their duty of care responsibilities and have protected their business reputations. Giles Margerison


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Getting leads online - Are you being lead astray? Benjamin Dyer of Powered Now looks at the ins and outs of using review sites The last few years have seen the arrival of online review sites or ’marketplaces’ whose aim is to connect builders looking for work with homeowners wanting jobs done. The opportunity has opened up as Yellow Pages fades from the public consciousness and the web continues its inexorable rise in our lives. The most popular services include new boy on the block Bark.com plus My Builder along with Checkatrade and Rated People. The latter two appear regularly on TV. These new services are hoping to substitute word-of-mouth recommendation with an online version. By using them, builders can decide when they wish to generate new business and when they don’t, and that potentially offers genuine advantage. In addition, firms should be able to get more business closer to home. However, not everyone is a believer and some of Powered Now’s research poses interesting questions about how well they work.

Just the facts, Ma’am

At the start of the summer we commissioned independent survey company Toluna to ask over 1,000 homeowners whether they had used Rated People, Checkatrade or My Builder to get building work done in the last year. The result was that 12% had used them; this was more than Thomson, local newspapers and Yellow Pages combined. Against this, 70% of homeowners had used a person or company who was either recommended or one they had used before. So the idea that these new services are replacing word-ofmouth is, put politely, not true.

How do the new services work?

All the rating sites provide homeowners with a free service and they use one of two methods to generate income: ••An annual fee is levied on builders by Checkatrade. It claims that it checks the credentials of all of its tradesmen; Or ••Tradesmen pay to receive leads from My Builder, Rated People and Bark. com (although they have a free service too) although the details vary slightly. However, it’s chicken & egg when you are new to these services. You need good ratings to get any work, but until you win work you can’t get ratings. As part of our research, we discussed marketplaces with some of our customers as well as researching online. Opinions strongly differ and a range of them illustrates the point: On the Builders Talk Group on Facebook there was some praise for the marketplaces in the colloquial terms you might expect - “Yeah defo My Builder. Getin (sic) loads of work off it”. Guy Hands, Screwfix regional tradesman of the year also found the new services useful: “I used My Builder a lot when I was first getting started. The key with using My Builder is to follow up leads really quickly.” Adam Taylor, who works at Powered Now comments, “I had a carpenter round to my

place recently that I got from Checkatrade. He had nothing but praise for them.” In fairness there is also a huge amount of criticism. Matthew Stevenson of The Landscape Company reports that “We tried Rated People and unfortunately it was not successful for us. We bought and bid for ten jobs but didn’t get any of them.”

Who should use them?

Where you are perfectly happy with your business and getting regular work via wordof-mouth and previous customers, these services don’t have much to offer. If you are keen on growing your business or are starting from scratch, they are worth a look. While the new services undoubtedly have some issues, homeowners do need a reliable way to find new tradesmen when no personal recommendations are available. The usual warnings apply though, and if you are tempted to try them, it’s best to start small and learn before you make too large a commitment.

About the author

Benjamin Dyer is CEO and co-founder of Powered Now. Powered Now’s mobile app aims to take the pain out of paperwork for individual builders and small construction companies, as well as other trade businesses. www.powerednow.com

The right builder for the job

Reputation remains critical for choosing a supplier, and 50% of homeowners cited this as their top concern. This was followed by getting a good price and the ability to start on a convenient date, each cited by around a quarter as very important. Research by Bradstone Assured is equally enlightening. This showed that 60% of homeowners feel nervous when meeting new tradesmen and 50% worry that they will get a poor deal. Online reviews are seen as important by 70% and 90% had examined online reviews before deciding who to go with. This all underscores the importance of reputation.

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BS COMMENT

Building Information Modelling = Better Information Management An Interview with CHR CAD Manager Matt Aspey CHR Equipment Ltd is a specialist in commercial catering schemes for the UK food service industry. In 2013 a growing demand for BIM information was being pushed by their customers and partners. They spoke to Quadra about how they could help support their move to BIM.

After the training we were seeing increased efficiencies of 60%, improvements on design process by 50% and better communication to clients using 3D imagery. Alex has since moved onto using 3Ds Max, a modelling and rendering tool, which is further enhancing his design offerings.

First of all, why did you implement BIM? Think of it as Better Information Management, as well as Building Information Modelling. BIM is an opportunity to go digital with the manufacturing process. A way to improve the handling of product data to increase quality and efficiency and despite what is thought, it does and will continue to affect more than just architects and contractors. CHR Equipment approached Quadra in 2013 when they were finding more and more of their customers who were requiring BIM Information and they were keen to be ahead of the game. At the time they were using AutoCAD 2D, but were keen to improve efficiencies but also improve the way they communicate with customers, when bidding for contracts.

What has been the impact of implementing BIM? The big success has not just been the improved amount of orders and contracts secured, including Lancashire County Cricket Club and Midsummers House in Cambridgeshire, but also the outstanding results being delivered by staff. Alex has since been nominated for the CEDA ‘Rising Star Award’ which celebrates the brightest and best individuals and organisations in the catering equipment industry.

What did you do? The first move we made was to invest in Building Design Suite Premium, which would support the organisation’s strategy for growth and their desire for BIM compliancy. It would also support our desire to move towards 3D design, helping to future proof the company. The next step was for our Design Technician, Alex to undertake training. The Revit Essentials training introduced some of the key concepts and gave Alex a good grounding in the workings of Revit. Within four months Alex had really got to grips with the software and was starting to produce some great results.

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loss of business and the opportunity to improve the manufacturing process. As our knowledge and understanding of BIM progressed, so did what we could deliver. Whilst, senior management had initial reservations about BIM, we soon discovered that implementing a clear strategy has actually improved the manufacturing process at our company. The fact that I could show increased quality and efficiency in-house with BIM made justifying the cost much easier for me.

Should others invest in BIM? Well, in my opinion we have not only been able to deliver faster, better products to our customers, whilst reducing costs – so yes! Will BIM get us more business? From our experience, being first to market gives you an advantage over competitors and makes your business more adaptable to change. BIM has helped raise our profile and has opened up new opportunities for us. Demand for BIM objects is higher than ever and is set to continue in this way. The implementation of Revit and BIM practices have not only saved us time and money, but have also improved our design and presentations, which is undoubtedly impressing our customers. Justifying investment in BIM Ultimately the main justification for joining the BIM revolution is the potential for

Matt Aspey


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Do you have good ‘PM Hygiene’? Four questions that will help you improve your PM routines By Michelle LaBrosse, CCPM, PMP®, PMI-ACP, Chief Cheetah and Founder of Cheetah Learning When Project Managers establish effective routines for both their own daily work and for managing their teams, they also develop healthy Project Management “hygiene.” This “hygiene” metaphor relates to having consistent processes in place and it is what Project Management is all about. The better you can develop consistent routines as a PM, the better you will be able to consistently deliver value on your projects. To determine if you have what we like to call good “PM hygiene” routines, ask yourself these questions: How do you make your to-do lists? Are they a chaotic sprawl of Post-It notes wallpapering your cubicle wall, or are they a neat list in your Google Calendar colour-coded by priority? While the latter method might be a bit extreme, prioritizing your daily tasks in some way is a crucial PM routine. Take a few minutes at the beginning of each work day to write out your tasks for that day and note how important they are. Then (you guessed it) tackle the most important tasks first. This will keep you from procrastinating on more complex projects and ensures that your most important work gets DONE. What kinds of tasks do you write in your to-do lists? If you find that you have items like “prepare for project launch” on your list, take a minute to break these down into small, specific, and more concrete tasks. What, specifically, do you need to do to prepare for your project launch? Give each of these items its own to-do. If you can’t think of everything that will need to be done, that’s okay; you’ll make to-do for those to-be-determined items after you’ve completed the existing tasks. The value of creating small, manageable tasks for your to-do lists is that it prevents procrastination: it’s much easier to do a task on your list when you know how to do it and you can clearly define when it is done. Do you hold regular check-in meetings with your project teams? The key word

here is REGULAR. This might mean a half-hour meeting to review the project schedule every Monday at 9am, or, if you’re doing an Agile sprint, a 15-minute stand-up meeting every morning for the duration of the sprint. When you’re meetings are consistent (and as short as possible!) your project team members know what to expect and are less likely to resentfully think of them as a “waste of time.” Additionally, they speak to your competence and consistency as a PM. How do you supervise your project team members’ work? As a Project Manager, you know how difficult it can be the toe the line between being an overbearing micro-manager and being too hands-off, finding out significant problems in the project work much later than you need to. One way to monitor your teams work more effectively is simply to change your mode of communication. If you’re colocated with your project teams, take a few minutes in the afternoon to walk around the office and check in with team members face-to-face; if your teams collaborate virtually, call your team members on the phone or via video conference rather than sending off an email. An email is easy to ignore, but more personal face-to-face (or ‘ear-to-ear’) interactions are not. Incorporating these good Project Management hygiene routines into your daily work doesn’t need to take up a lot of your time. As these practices become habit, you’ll find that they actually save you time by allowing you to use your time more productively and efficiently. This is crucial for both helping you advance in your own career and for delivering more value to your organization.

Project Management to the masses. Cheetah Learning is a virtual company with 100 employees, contractors, and licensees worldwide. To date, more than 50,000 people have become “Cheetahs” using Cheetah Learning’s innovative Project Management and accelerated learning techniques. Michelle also developed the Cheetah Certified Project Manager (CCPM) program based on Myers-Briggs Type Indicator personality profiling to help students master how to use their unique strengths for learning, doing projects, and negotiating. CCPM graduates are able to choose the right projects and complete those projects “cheetah fast” based on their personality. They also learn how to leverage others’ strengths which significantly improves overall project team performance. When an employer has a cadre of CCPMs on staff, they achieve whatever they set out to achieve in record time. This is why over 90% of Cheetah’s clients experience an increase in both profitability and revenue within the first year of retaining Cheetah Learning for their Project Management training needs. Honoured by the Project Management Institute (PMI®), Cheetah Learning was named Professional Development Provider of the Year at the 2008 PMI® Global Congress. A dynamic keynote speaker and industry thought leader, Michelle is recognised by PMI as one of the 25 Most Influential Women in Project Management in the world. Michelle LaBrosse

About the Author:

Michelle LaBrosse, PMP, is an entrepreneurial powerhouse with a penchant for making success easy, fun, and fast. She is the founder of Cheetah Learning, the author of the Cheetah Success Series, and a prolific blogger whose mission is to bring

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BS LEISURE

ibis Styles Glasgow Centre George Square Hotel Excitement builds in the Merchant City as a once beleaguered office block is transformed into a newly opened state-of-the-art ibis Styles hotel. The 101-bed Glasgow Centre George Square Hotel, which showcases the city’s strength of character, will now provide guests the world over with first class hospitality services. ibis Styles is the boutique budget brand from the ibis family. While ibis Budget and ibis Hotels offer standardised features, fixtures and fittings, ibis Styles is afforded greater flexibility in the design and specification of its hotels. Guests

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can expect the originality of a boutique hotel together with the quality assurance of a large and well established brand. Though the vacant seven-storey 25,000sq ft structure – known previously as Telfer House – once offered office accommodation, Caledon Property Group sensed the commercial potential of both the building and its city centre location. While Caledon initially envisaged a residential offering, the property group instead opted to sell all but the ground floor to Maven Capital Partners – a Glasgow-based private equity fund manager. Maven subsequently

retained Caledon Property Group as its development manager to aid the Firm in realising its vision for a boutique hotel in Glasgow’s vibrant Merchant City. Funding for the £7M scheme was secured via the Business Premises Renovation Allowance (BPRA). Established in 2007, the BPRA enables investors to claim tax allowance for 100% of the amount invested when converting or renovating empty business premises. This incentive is intended to encourage investment in redundant infrastructure – the many derelict or disused buildings in desperate need of restoration or refurbishment.


Two Glasgow-based architectural practices – CM Architects and ICA – lent their expertise to deliver a design that exceeded the high expectations of the client. While CM Architects was responsible for the overall conceptual design, the statutory approvals and construction information, ICA was tasked with the hotel interior – the design of the many guest rooms and atrium. Each ibis Styles features a unique aesthetic tailored to suit its setting and the Glasgow Centre George Square Hotel is no exception. In a celebration of all things Glasgow, CM Architects and ICA have drawn from the city’s wellspring of colour and heritage – from the grit of the Glasgow’s Clyde-side shipyards to the creative spark of the city’s most famous sons. Contemporary interiors have been specified throughout with the Glaswegian personality firmly in mind. Playful tributes to the Duke of Wellington’s infamous cone hat, Buchanan Street’s instantly recognisable Police Box and Tunnock’s Teacakes point towards the many cultural milestones that have shaped Scotland’s largest city. The refurbishment commenced in October 2014, with specialist fit-out contractor Thomas Johnstone Ltd at the helm. Construction continued apace, though the restrictive nature of the city centre site posed a significant construction challenge. Here, Caledon Property Group’s ownership of the unoccupied ground floor proved crucial in providing much-needed storage space for the many contractors involved. The renovation has also been something of a structural intervention. The fabric of the building has been comprehensively repaired, while an existing light well – previously obscured beneath a mass of concrete – has been opened up to allow for natural light. Notable too is the addition of an eighth storey to boost visitor capacity. With the refurbishment works now complete, operation of the ibis Styles

exciting to see how the exceptional Glasgow Centre George Square Hotel has story and personality of each hotel will been entrusted to Redefine|BDL Hotels unfold and be embraced by guests.” – the UK’s largest independent hotel Ross Morrow, Redefine|BDL Hotels’ Chief management company. The GlasgowDevelopment Officer, commented: “It’s based operator has been instrumental fantastic to see the hotel completed in the hotel’s development – consulting and welcoming its first guests. And as with ibis Styles on the design outline, this is our first Glasgow property, it’s assisting in the fit-out and enlisting an like a homecoming for Redefine|BDL enthusiastic team of employees. In total Hotels, as we’re based in the city. 25 positions have been created and filled “The finished hotel looks fantastic, by members of the local community. Of the hotel’s 21 September opening, continued on page 28 Inge Van Ooteghem – SVP Operations Economy and Budget Hotels for ibis owner Accor – said: “We are delighted to open ibis Styles Glasgow Centre George Square – a hotel that perfectly blends humour and creative flair throughout its design. Whether guests are here for business or leisure, they’ll experience the vibrancy and charm of Glasgow through the fabric of the hotel walls.” “Now is a very exciting time for ibis Styles, with a further two hotels set to open this month in Haydock and Barnsley. ibis Styles is a North Letham Farm, Letham, FK2 8QU growing economy brand in the UK, which places design and style, alongside comfort and quality, at its heart. It’s always

EA CONSTRUCTION (SCOTLAND) LTD Builders & Ground Workers

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perfectly captures what Glasgow is all about and, to top it off, is in a fabulous central location. I’m confident the team will make it a firm favourite in the city.” Rory MacAleece – a proven hotelier with more than 20 years’ experience at the helm of several prestigious four star venues including the Chester Residence – was recently appointed General Manager of ibis Styles Glasgow Centre George Square Hotel. Rory added: “I believe we have found the best team that Glasgow has to offer and we are all relishing the chance to make this internationally-

C M Architects

branded hotel a huge success. “With a fantastic combination of experience with enthusiasm, we are extremely confident that we can build a hotel that will quickly become a much loved venue in Glasgow’s vibrant Merchant City. “Guest satisfaction is of the utmost importance to me. From day one, I want to ensure that guests are left smiling from ear to ear by the experience we have to offer.” The transformation of Telfer House is an unmitigated success then. It has seen a once forgotten structure redefined to create something indelibly

38 New City Road, Glasgow, G4 9JT

Glasgow. The best buildings are often inseparable from their surroundings, and the same is true of the Glasgow Centre George Square Hotel – it embodies the city’s wry spirt and strength of character, and the construction expertise of its many contractors.

0141 332 0999

PROVIDED ARCHITECTURAL SERVICES TO CALEDON TELFER HOUSE LIMITED FOR THE SUCCESSFUL DESIGN AND CONSTRUCTION OF NEW IBIS STYLES HOTEL

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ASC Edinburgh Limited were appointed as scaffold sub-contractor to provide the access solution to ease the redevelopment of an existing multi storey office block in the heart of Glasgow. The works comprised of fully designed scaffold to the perimeter of the block for access to carry out new roof coverings, external windows and curtain walling works. The North & South gable elevations proved the most challenging, both sitting above neighbouring roofs. Access was also required for strip out & re-design of the internal layouts. Working in close conjunction with TJL site team was key to ensure the many complex issues, were all successfully overcome.

EMAIL US: enquiries@asclimited.net

CALL US: 0131 603 0443

VISIT US: www.asclimited-edinburgh.co.uk


BS EVENT

Exclusive Interview: Digital Construction Week

Held 20th–22nd October, Digital Construction Week is the event series for the entire built environment supply chain from design, construction and engineering to management and operation. With digital technology revolutionising the architecture, engineering, construction and operation (AECO) world as we know it, Digital Construction Week will focus on the realities of digital innovation, technologies, and processes for businesses today and implications for the built environment of tomorrow. In an exclusive interview, Oliver Hughes – Director of Digital Construction Week – discusses the exhibition’s origins, his aspirations for the event and the series’ eclectic schedule.

Tell us a little about Digital Construction Week and its origins.

It’s quite an ambitious project. The idea is to explore digital technologies and processes across the board in architecture, engineering and construction – from design all the way through to operation. It stems from the BIM conversation in so much as BIM’s done incredible things with the government mandate bringing about huge industry change and really bringing digital to the forefront of our industry. But for me BIM has become a word for a lot of different technologies, so you have things like 3D printing, laser scanning, UAVs, advanced manufacturing, new methods of construction all falling in to the same conversation. There’s a lot more to it than just BIM as a process. What we wanted to do is explore what

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digital meant in the broadest sense. So everything from using a system like box to store and manage files and data at a granular level, or a health and safety app that can save you hours at a time on every form you fill out, all the way up to using sensors and data monitoring on huge projects like Crossrail. We want to explore a lot more and to do that we built into doing a whole week’s worth of activity because it becomes really challenging to cover something so broad, especially when talking about something that has such a huge impact on the entire industry. To do that in one day is impossible so we’ve built out this idea of a festival of everything digital in AECO. We’ve got multiple events running throughout the week. We’re kicking off working with Autodesk, running their leadership conference. It will have an international flavour, exporting UK expertise overseas and attracting an international delegation. We’ve got the Westminster Reception on the Tuesday, which is about the government’s BIM mandate and the Level 2 deadline in 2016. On the Wednesday and Thursday, there’ll be a huge expo with everything from BIM software to 3D printing, UAVs, laser scanning, and robotics. We’ve got a robotics company doing a live build, a digital lounge tech gallery, free to attend seminars and much more. We wanted to get away from the normal exhibition and

create a Consumer Electronics Show or Wired magazine type of feel – something for the industry that people will get excited about seeing, something new and different. That’s the kind of exhibition for two days, free to attend and we’re expecting 3,000­4,000 people in that time. There are loads of free­to­attend seminars as well as exciting exhibitors. We also have a paid­for conference which I’m incredibly excited about, hopefully it will really break the mould. We’ve tried to follow the idea of having inspirational talks rather than having case study after case study. The TED style was a real inspiration. We’ve got a lot of non­industry speakers who are real pioneers; Skylar Tibbits from MiT, Julie Alexander from Siemens, David McCandless, Richard Peters from Decoded. We’ve also got a host of leading industry figures who can help take vision through to reality. The programme is designed as an ‘evolution’ conference. It’s all well and good saying we should be more innovative or adopt all these different technologies, but how do we do that practically, what are the barriers and what are the real opportunities? And the aim then is to have all our different supporters, sponsors, partners to host their own fringe events on different topics and areas; Breakfast briefings, seminars and networking events. We are looking to build a festival of activity to bring in the whole industry together. All


this digital and technological innovation is going on, we just want to give a platform to help bring everyone together. We talk a lot of collaboration, so rather than focusing on engineers, contractors etc, in silos we want to bring everyone together, and that’s our aim no matter what level you’re at or what your profession. There are three days of core events that we’re curating and then mini events throughout the week, designed to be more laid back.

How did Digital Construction Week come about? Where did the idea come from?

I think really just from different conversations ultimately. There’s pockets of excellence all over the place, the BIM conversation I think has helped show that. You pick up magazine like Wired or read about some of the projects getting funding and there’s stories about some of the amazing things going on in our industry and it’s really exciting. The industry really feels like it’s at a turning point and the conversations I’ve had with our Steering Group and sponsors felt like this was an opportunity to showcase that. I’m not an architect or an engineer but the industry is exciting to me and the digital side of things is different from the image from outside of industry. That’s kind of what interests me. There’s all this talk of growth, innovation, changing the

image of our industry, skills, diversity, collaboration. Digital to me holds the key to unlocking many of these challenges. The idea really developed through conversations with industry and the team behind the event is similar thinking from what I’ve had in the past and it matches up well. Having spent 10 years in and around the industry I’m excited to see where we go from here.

In terms of the fringe events, how is it decided who is there in terms of exhibitors?

It’s absolutely open to everybody who is involved with the week or supporting, whether they are non-financial industry partners or exhibitors or sponsors, or just somebody with a real interest and wants to support it as an agenda. The early discussions we had, we said that there are so many great conversations going on the industry and we’d like to give a platform for that more than anything. An open source platform if you like. We didn’t want to compete as such, but instead decided to create a platform to bring the whole industry together and shout about it. So there’s not a fee that gets you involved in it. Its people who want to educate and inform, network and collaborate. Our role really comes down to a bit of curating in so much as we don’t want competing events on at the same time

on the same day. It’s something that we really want to grow next year, I love the idea of businesses hosting Google Friday type of events in house during the week, exploring their own challenges and then bringing that to share at the show. We are open to anybody keen to support us and get involved in this big idea of driving change, digital adoption and collaboration. We want to remain as independent as possible.

How do you choose speakers and seminars?

For the conference, we’ve taken a predominantly single stream route with a few breakouts. What we’ve tried to do is create an evolution conference in so much we want it to be relevant whether you’re an architect, engineer, contractor, client, SME or whoever, so there are key themes built around what we mean by digital and digital construction. The conference will cover adopting the digital mind-set, what it means as far as changing the face of the industry, what skills are needed, getting construction on the agenda in education, and demystify some of the bigger topics like big data, IoT, wearables, new methods of construction. We have put together key themes around hot topics in the industry, working with our Steering Group who have been fantastic in their support. continued page 32

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They have helped us with this programme, so it’s much more curated by us, but with a lot of industry guidance. Ultimately what we want is to help educate, and it’s about asking the right questions, adopting an outcome based approach, and helping explore the business practicalities of these different things. We want people to go away inspired but also with some real practical learning. For speakers we’ve really tried to get some different voices, look to other industries, and find new perspectives. The seminar programme on the show floor, is built around a lot of the same themes but perhaps a bit more focus on specific projects, technologies, and processes. We’re also working with the BIM Regions, Task Group, and BIM4’s on the BIM4 Communities Village which will feature a host of different presentation to help people understand what BIM means to them. We’ve worked very hard on the conference programme and it is thought through to focus on educational outcomes.

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What message are you trying to convey and what do you feel it offers that is different to what is already available?

Ultimately we’re the only show in the UK focusing solely on the scope of digital technologies and processes in the AECO industry. I think the big thing is it’s talking about collaboration and innovation and you can only get that if you bring everybody together, and it’s around providing learning across the board, understanding how all these different elements work together. We will without a doubt talk about technology but we want to discuss the process around adopting it, making it work in a project team and across a business. This isn’t just a show for Google types it’s about the entire industry at every level. The scope of what we’re doing is different. It’s pretty ambitious but we want to become more than just a trade event, we want to help drive real change and bring digital to the forefront of our industry. We are trying to think outside the box to show the whole breadth

of what the industry is. So Digital Construction Week is trying to show evolution in the industry and give a platform to show all the great stuff going on, with exciting things for people to see and interact with along the way.

Some exhibitions perhaps don’t cater for the likes of SMEs and where they are on their technological journey. Is this one of the areas that Digital Construction Week excels in?

This is 100% accurate and the SME side was a real big drive for us early on so within the seminar programme there is a dedicated sessions for SME’s. The idea is you could come for half a day to the seminar programme, look around the exhibition, have time for a meeting in town and head home, all for the price of a train ticket. There is no barrier to entry which I think has been a real challenge in the past, given some conferences cost a lot of money


along with hotel prices. It’s just impractical. The SME side of things is as important as anything in the discussion about collaboration so we’d like to show that. BIM’s a great example where I think it’s quite a challenge for SME’s. There’s so much to get your head around, where do you begin? We wanted to break this down, because ultimately it’s about efficiencies, what SME wouldn’t want to be more efficient? The thought tends to be BIM isn’t for some SMEs because it’s costly or they’re only one part of the process. We’re working with BIM4SME and the Regional BIM Regions to help our visitors understands what it actually means to them. But it’s about stripping away the hype and getting to basics. The message we’re trying to get across is that it isn’t about huge investment, but rather is about becoming more digitally aware, and ultimately, about efficiency. We’ve also done things like make the two-day conference modular, so if you want you can just buy a one day ticket. We have worked hard to strip away issues people might have with getting along and

attending as well. The conference will open from 10am on the Wednesday so people from different parts of the country can get down in time. We’ve tried to be really conscientious about keeping the week open for the whole of the industry.

Is there anything else you’d like to mention?

There’s so much going on. Ultimately for us, this is the first event that will become annual and we’ll be looking to run and partner a number of events next year as well. We’d like it to be something that can drive the industry forward, charting the change of the industry because for me, it’s really exciting. There are lots of conversations around virtual reality, IoT, Big Data, robotics, UAVs etc. They will become common place and we need to figure out how we will make that a reality by making them work for us. We’re working closely with BIM Task Group, the Cabinet Office is supporting us too. We’ve really worked close with industry bodies and ultimately the message was to move away from being another BIM event or

conference and hopefully that will be achieved. We’d love feedback from people as well about what they’d like to see in digital construction. Digital is the lifeblood of the event and it feeds into so many different things. We’re really excited to see how this changes over the years and how needs change, so we’ll constantly evolve. It’s very exciting. Our Steering Group of 15-20 people have been massively supportive and we have a fantastic line up of names that have really helped to shape the event as something hopefully coming from the industry and not just from us. Digital technologies and processes have been used in construction for years. There are so many great examples, we just want to give a platform for that and be a part of helping to keep driving the industry forward. And most of all please register and come see us at the show! For more information about event series please visit the Digital Construction Week website: www.digitalconstructionweek.com

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BS COMMENT

Patent Protection for Innovative Products Paul Misselbrook, partner at leading IP firm, Appleyard Lees gives an overview of the importance of patents in the construction industry The construction industry is one of the leading sectors when it comes to creating innovative new products. But how can you ensure that competitors don’t take your idea and pass it off as their own? Protecting your intellectual property is vital and the benefits for companies are vast. To put it into perspective, here is an example where Appleyard Lees assist a manufacturer keen to maximise their investment in the development of a cladding panel. The improved cladding panel included changes to the geometrical shape of the product, which allows the cladding to be installed easier and more efficiently. As the improved geometrical shape could be easily copied, the client was vulnerable to competitors copying the improvement. A patent was filed, prosecuted and granted giving the manufacture the right to prevent competitors from selling or marketing infringing panels. The manufacturer can now actively seek to enforce those rights to restrict entry of similar products to the market. The story started in the summer of 2010, when the UK Manufacturer was looking to protect a new and innovative cladding panel. Cladding panels were known in the construction industry, but were complicated and utilised clips or restraint brackets. During product development, a new innovative cladding panel was designed that could be installed without the use of the clips or brackets. The improved design involved changes to the geometrical shape of the panels to allow interlocking. Consequently, as soon as the product was released, competitors would be able to see and understand the improvement,

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following which there would be few technical difficulties in implementing the improvements themselves. Whilst a design registration can protect the shape of the product, because in this case the shape led to an improved technical effect, a patent application gave the best possible protection to the client. Once granted, a patent registration would prevent competitors from copying the way the improved cladding panel works irrespective of the other design features. The UK patent office then conducted a search and examination of the new application. It is their job to prevent applications covering known products or obvious developments of existing products from being granted. The patent office used patents published before the application was filed to argue that the protection being sought by the new application covered too much. In consultation with the client and using their expertise and knowledge of the cladding industry, counter arguments and amendments to change the scope of protection were filed. Although grant of the patent signals the end of the patent application process, one way the patent investment can be recovered is to use the patent to prevent competitors from copying the improvements and forcing them to compete using the old technology. Often this can be achieved by reminding the competitor that patent infringement risks court injunctions against them, delivery up or destruction of infringing stock, and damages or an account of the infringer’s profits in selling the infringing products. However, it may come to the point where court proceedings are necessary. In any event,

the patent registration will continue to cause the competitor uncertainty allowing the new and innovative cladding longer in the spotlight. In this case an easy to implement change in design of the construction product was protected from being copied through the patent process allowing the manufacturer to prevent me-to products from entering the market. For more information on patents, design or brand protection, please contact Paul Misselbrook. Visit www.appleyardlees. com for further details.

Paul Misselbrook


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