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WELCOME to the latest edition of UK Construction Excellence. This month we saw August trends heating up even if the weather wasn’t, with strong figures reported from UK manufacturing and regular gains in house prices bolstering the industry. The residential market continues to lead the way with starts on new build homes surging to a decade high. While the Mayor of London, Sadiq Khan, has unveiled new measures to

boost affordable housing in the capital, using a scheme designed to assist developers through the planning process. Inquiries into large-scale cladding following the Grenfell disaster have now been completed, with BRE testing numerous material combinations. Well over 200 properties have now been deemed unsafe, and owners are working with the Government to bring appropriate measures into

14 Musical Chairs – Cost Recovery in Adjudication

the properties. In this issue we speak with Wrightstyle, a company with 20 years history in probing fire safety regulations. Here they discuss how regulations differ across the British Isles and how warnings should have been heeded some 14 years ago. And, as always, we catch up with the latest contract news, industry movers and guest contributors, inside. Victoria Maggiani

7 £65M boost for UK’s largest Build to Rent site

45 The Risks of Asbestos in a Fire

Publications Editor Victoria Maggiani

Managing Director Grahame Steed

Designer Seamus Norton

Production Manager Gareth Trevor-Jones Display Advertising Sales T: 0800 6127680 admin@ukconstructionmedia.co.uk ISSN 1461-1279

UK Construction Media, Pacific House, Pacific Way, Digital Park, Salford, M50 1DR 0800 6127680 • admin@ukconstructionmedia.co.uk • www.ukconstructionmedia.co.uk © Copyright ProMark 2017. All rights reserved. No part of this publication may be copied, reproduced or transmitted in any form without the prior permission of ProMark. Views expressed in this magazine are not necessarily those of the publisher.

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FMB urges ministers to implement Housing White Paper The Federation of Master Builders (FMB) has urged ministers to act now and implement the measures outlined in the Government’s Housing White Paper published in March – especially those removing barriers for small housebuilders. In light of a newly published report – courtesy of the Local Government Association (LGA) – assessing the overall quality of housebuilding in the UK, FMB Chief Executive Brian Berry said: “The LGA is right to highlight the slow rate of house building in England as we are currently still building significantly fewer new homes than we need to be to meet demand. Not only are we not building enough homes right now, but we’ve been under-building in this country for decades. In order to address this problem, it is vital that the Government acts on key proposals in the March 2017 Housing White Paper. The White Paper quite rightly emphasises the need to diversify the house building sector so it is less reliant on a small number of large house building companies to build our homes. The concern is that almost six months after the White Paper was published, we’ve seen limited movement on a range of policies that, if implemented, could start making a difference today.” Mr Berry continued: “The LGA report also raises concerns regarding the quality of new homes and points to one in ten home buyers being dissatisfied with the end result. To put this another way, that means 90% of consumers are satisfied with the quality of their new home, which is a high customer satisfaction rate. Furthermore, this satisfaction rate is likely to be higher still among customers of SME house builders like the ones represented by the FMB. Our members market themselves on building highquality bespoke homes for their clients and this is their unique selling point. “The LGA report also suggests that total investment in new homes should be greater than total investment in the refurbishment of our existing homes. Given that the UK’s housing stock is among the oldest in Europe, with a high proportion of heritage properties and listed buildings, it is equally important that these homes are properly looked after and maintained. In other words, it’s not an either or situation. If we are to solve the housing crisis then we must increase the delivery of new housing but also maximise the lifetimes of our existing buildings. The Government could help encourage greater investment in our existing housing stock by reducing VAT from 20% to five per cent to encourage more people to properly maintain their properties.”

Gatwick five-year plan released Gatwick Airport has released its investment strategy for the next five years, which will see some £1.15Bn invested at the airport. The investment is part of a plan to increase Gatwick’s growth with the aim of reaching passenger numbers of more than 50M per annum, improve efficiency at the airport, and also maintain its record levels of customer satisfaction. Gatwick Airport is the most efficient single-runway airport in the world and the 2017 Capital Investment Programme (CIP) sets out the strategy to improve the already impressive facilities, which will see some £240M invested in 2017/18 alone. Over £1.5Bn has been invested in the airport and its facilities since it changed ownership in December 2009 and the CIP will bring Gatwick’s total investment plans, since change of ownership, to £2.7Bn up to 2022. The CIP has been developed to ensure that Gatwick’s ambitious growth plans keep pace with rising demand, while also providing the best experience for passengers. Gatwick’s Construction Director, Raymond Melee, said: “Since coming into independent ownership, Gatwick has delivered record growth in passenger numbers and long haul services while also taking passenger satisfaction levels to an all-time high. As we plan to grow towards 50 million passengers per annum, we will focus on efficiency and service so that our passengers continue to receive the airport experience they expect, in the most sustainable manner possible. “We will continue to develop the airport to meet the needs of our airlines and passengers with improvements to the way we operate on the airfield and the service we offer in our terminals. These projects will be delivered in a way that will help us realise our ambition to become the UK’s most sustainable airport. “Regarding future runway expansion, our financeable and deliverable scheme for a second runway remains on the table. We will deliver a new runway for Britain, in addition to or instead of Heathrow, should the Government give us its support now or in the future.” Projects include: reconfiguring stands to facilitate a changing aircraft mix, building a new hangar in partnership with Boeing, extending Pier 6 to increase pier service levels well beyond its 95% target, adding a new domestic arrivals facility in South Terminal and continuing to roll out its popular self-service bag drop product.

£65M boost for UK’s largest Build to Rent site Housing Minister Alok Sharma has announced a £65M boost for Wembley Park, the biggest development of homes built specifically for private rent in the UK. The development in Brent is one of the largest strategic regeneration projects in the country, and this new Government deal will help to unlock over 7,600 new, high-quality homes, with at least 6,800 of these homes for rent. The regeneration will boost housing choices for Londoners following widespread support for Government proposals to open up the choice of rental properties on the market, to help those currently priced out. The Government measures include: • Changing planning rules so councils proactively plan for more Build to Rent homes where there is need • Making it easier for Build to Rent developers to offer affordable private rent in place of other types of affordable home • Introducing longer tenancies which

are more family friendly to provide better security for renters Across England, the Build to Rent sector is expanding, with 80,855 homes either completed or planned. It is estimated that the industry could grow to be worth £70Bn a year by 2022. Housing and Planning Minister Alok Sharma said: “Whether renting or owning, all families should have the security they need to be able to plan for the future. “That’s why, as part of our plan to fix the broken housing market, we’ve been taking action to create a bigger and better private rental market, supporting new Build to Rent developments so that tenants can have greater choice. “Developments like Wembley Park are a great example of doing just that, boosting the choice and quality of homes on the market – meeting the needs of renters in cities and towns across England.” Quintain Chief Executive Angus Dodd said: “This £65M government loan

will be match funded by Quintain to provide a £130M infrastructure investment into Wembley Park to deliver new car and coach parking, an energy centre and the first phase of the new seven-acre public park. Not only will this funding allow these critical elements to be brought forward, but it will also support the more rapid delivery of new homes.” Work on the new homes at Wembley Park has already begun and is set to be completed in 2026. Backed by a loan from the Government’s £3Bn Home Building Fund, the development will bring over 8,000 jobs to the area and support infrastructure to free up land for development. The project will be delivered in phases over the next seven years, boasting a mix of properties including studios, as well as one-, two-, and three-bedroom properties, all located close to the underground station. The site next to the National Stadium will also include up to 2,350 affordable homes.

Glenigan: Construction activity set to continue expanding Glenigan is predicting a one per cent rise in the underlying value of new project starts for the remainder of 2017, with a two per cent increase to follow in 2018, as part of its most recent midyear forecast. It’s encouraging stuff, though public sector prospects remain a little harder to define. According to Glenigan, capital expenditure has risen since the EU referendum, with more public spending anticipated given the unexpected outcome of June’s General Election. What does this mean? In the immediate future, investment is likely to gravitate towards such hot-button issues as the beleaguered NHS front-line or social housing provision post-Grenfell Tower, meaning less money for long-term infrastructure initiatives. A Glenigan spokesperson said: “Political uncertainty and doubts over the Brexit negotiations will inevitably take their toll on the industry’s prospects for the coming two years. But while slower economic growth is likely to impact on new project starts, particularly in the private sector, the good news is that overall activity across the industry is set to continue expanding.” Elsewhere, the value of new work project starts in the health sector looks set to rise by 23% this year. And, despite continued pressure, education starts are expected to rebound sharply during 2018. Private sector housing, in the guise of ‘Build to Rent’, has also gathered pace. In 2016, project starts amounted to an impressive £750M and involved more than 5500 units – a threefold increase on 2015 – with further growth forecast for 2017. There was welcome news for the nation’s housebuilders as well. In July, Persimmon Homes announced a robust sales period through May and June, and the market was largely unfazed by the surprise snap Election. First-half completions were up eight per cent on the same period last year, rising to 7,794 in total. Glenigan also revealed that the supply of available development slots has greatly improved over the past three years, most notably in London and the south of England. All of which indicates a brighter outlook for construction nationwide, irrespective of any economic uncertainties.

Green Investment Bank sale completed New owner Macquarie has committed to the Green Investment Bank (GIB)’s target of leading £3Bn of investment in green energy projects over next three years. The Climate Change and Industry Minister, Claire Perry, confirmed that the sale of the Green Investment Bank to Macquarie Group Limited has now been completed. The £2.3Bn deal ensures that all the taxpayer funding invested in GIB since its creation, including set-up costs, has been returned with a gain of approximately £186M. As well as fully meeting the Government’s objectives, the deal secures the future of the GIB with an ambitious new owner committed to growing the business. The Edinburgh office will be home to a new revenue-generating business as well as providing services to the green energy portfolios of both Macquarie and GIB in the UK. The Government decided that moving the GIB into the private sector now would free it from the constraints of public sector ownership, allowing it to increase investment in green infrastructure as we transition to a green economy. GIB’s independent Board supported the Government’s decision to sell the business to Macquarie. In order to build on the company’s success within the private sector, Macquarie and GIB have announced that the company will now be known as the Green Investment Group (GIG) so that it will be able to make overseas investments. Climate Change and Industry Minister Claire Perry said: “We led the world in setting up the Green Investment Bank and it is now being copied by others. Now that it’s in the private sector, it will be able to operate on an international level to tackle the global challenge of climate change. It is also perfectly placed to help us finance green initiatives for our Clean Growth Plan and realise the commitments set out in the Paris Agreement.” The green ‘special share’ held by the Green Purposes Company Limited also comes into force now. Five independent trustees have the power to approve or reject any proposed changes to GIG’s green purposes in the future. The Government will continue to hold an interest in a portfolio of a small number of GIB’s existing green infrastructure investments. These assets will continue to be managed by GIB until they can be sold on in a way which returns best value for taxpayers’ money.

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walkway coating. Acrypol operate within the repair/ refurbishment market. We have to ensure that our specifications are accurate as poor roof surfaces can pose problems during application, especially when ponding water is present. However, our roof products are well capable of ensuring the building stays dry for the long term. Fire legislation has recently become an issue due to recent tragic events. We are currently ensuring that our range of products are compliant with this to ensure customer piece of mind. We are continually striving to keep ahead of the competition by looking at new and innovative products, keeping the market leading name of ACRYPOL at the forefront of the minds of the right people. Due to health & safety regulations cold applied coatings are becoming more & more popular. Technology is moving forward and we intend to be there to offer both quality products and quality service to our customers.

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CITB revolutionises training to help fill the skills shortage The Construction Industry Training Board (CITB)’s state-of-the-art facility in Bircham Newton has recently been fitted out with 16 revolutionary plant simulators which will help train the next generation of plant operators. Designed to simulate a wide range of different plant, the hi-tech machines give trainees a chance to operate excavators, cranes, crawler dozers and telehandlers, to name but a few. The technology itself is continually developing and will be able to train people for a wider range of jobs in the future. Simulators offer a truly immersive learning experience and give trainees the chance to try out the equipment whilst minimising any health and safety risks. The simulators also track learner progress and can challenge them with different scenarios. The £1.2M investment comes at a time when construction is in need of plant operators. CITB’s latest skills forecast shows strong demand in this area, with almost 5,000 plant operatives required

over the next five years. Graham McPhail, Head of Education and Training at CITB, said: “This is the first large-scale investment into plant simulator technology anywhere in the UK. “New methods of technology are playing an increasingly important role in construction and this investment will help us modernise the way we train. It is really pleasing to see the added value the simulators provide to all our learners. I am very grateful to the LEP for their support in helping this to happen. “CITB is committed to ensuring the right training is in place to produce the highly-skilled workforce required in our industry.” Laura Welham-Halstead, Head of Communications at the Greater Cambridge Greater Peterborough Local Enterprise Partnership (LEP), said: “We are delighted to support the development of this unique training facility in our area. Ensuring that we have an appropriately skilled workforce

both now and in the future is one of our key priorities, and there is no doubt that this new facility will help us to achieve that goal.” Josh Missin, a 24-year-old plant apprentice from Wisbech who works with plant-hire firm Mervyn Lambert, has been training on the simulators. He said: “The simulators are great. As someone who had never used any form of plant machinery before, I was quite nervous before doing so. However, the simulators allowed me to quickly learn how certain controls worked, which meant I felt much more confident when using the machines in real life. “They are also good when bad weather would stop us from using the real machines, as you don’t feel like you’ve lost a day’s work. “I would definitely encourage anyone interested in this type of construction to have a go on the simulators. They should be used in everyone’s plant apprenticeship training.”

Top 5 Health and Safety Considerations Within a School Environment Talented teachers and inspiring lessons are not the only things that a pupil needs to flourish in their school environment. While schools are busy focusing on improving the learning environment for their students, they still need to ensure that the everyday practical facilities are up to scratch. If school washrooms are not meeting users’ needs, then pupils become reluctant to use them. In extreme circumstances this could result in them not drinking enough water throughout the day, greatly affecting their ability to focus and learn. Primary schools, secondary schools and collages need to provide suitable washroom facilities for their pupils as a duty of care. If you’re looking to build or refurbish school washrooms, we’ve listed the top five health and safety considerations to bear in mind: Accessibility First and foremost, the amount of school toilet facilities should be adequate for the number of students and must consider age, gender and any special requirements they have. The location of school toilets is incredibly important, pupils with learning difficulties or physical disabilities may find it hard to access toilets that are far from classrooms. Furthermore, more ablebodied pupils may be deterred from using toilets if they are the other side of the school, for example.

Space Though it is vital that schools ensure that there are enough washroom facilities for the number of students, providing enough space and not overcrowding is equally as important. Adequate washroom space for students is important not just for safety, but comfort. Interplan’s Splash range is ideal for schools with pupils of varying ages. Whether there is a requirement for floor to ceiling units (offering complete privacy for pupils, ideal for unisex toilets) or with ceiling level space (to avoid antisocial behaviour and offering emergency access), Interplan’s durable Splash system is ideal. Available in Solid Grade Laminate, Splash is suitable for the heavy traffic and use that school washrooms are subject to, being both completely water and vandal resistant. Preventing Injury In order to prevent trapped fingers, school cubicle doors should have a door hinge safety system. Privacy should be protected by ensuring that the cubicle doors all have working locks that are easy for students of all ages to use. Interplan’s Skittles and Arches pilaster options in the ‘Playtime’ range can accommodate differing door heights to meet supervision and privacy requirements of both younger and older children, as well as the all-important antifinger trap hinges and emergency release locks. Hand-Washing Facilities Germs can be found pretty much everywhere. Providing students with the

appropriate facilities for them to wash their hands thoroughly is the most effective way of stopping germs from being passed from pupil to pupil. Interplan provide a range of washroom accessories including liquid soap dispensers and hand dryers that help promote a clean and hygienic environment within schools and colleges. Monitoring In order to maintain and keep an eye on the condition of their toilets, schools should have a monitoring process in place. In the same way teachers rotate ‘break time duty’, staff should adopt a system of checking the toilets at break and lunch time to ensure that they are clean and safe. Regular maintenance checks will ensure that washroom facilities are kept in the best possible condition. A reliable washroom supplier will always ensure that their equipment comes with a warranty for peace of mind, such as Interplan’s 5 year guarantee. Contact Interplan today to find out how we can help provide school washroom environments that are safe, durable and user-friendly. Why not visit our website where you can get creative and create your own personalised moodboard with our CreateIt tool and download technical documents with our Specification Pack service. Tel: 0141 336 4040 or email: contact@interplansystems.co.uk visit: www.interplanpanelsystems.com

Balfour Beatty named preferred bidder for Hinkley Point C package

Highways England unlocks new opportunities for housing and growth Three multimillion-pound road improvement projects with the potential to unlock 6,000 new jobs and 10,000 much-needed homes have been green-lit, Highways England has announced. According to the road authority, the newly approved projects – collectively worth around £45.5M – will foster opportunities for growth across Leicestershire and the South East. The schemes in question are: • M27 junction 9 Whitley Way in Hampshire, which will unlock up to 3,500 homes and 250 jobs • Anstey Lane (A46 / A560) in Leicestershire, which will unlock up to 2,378 homes and 260 jobs • M1 junction 23 in Leicestershire, which will unlock up to 4,000 homes and 5,600 jobs Of that £45.5M sum, Highways England will contribute £19.9M via its Growth and Housing Fund, with private sector investment and public funding making up the remainder. Crucially, this is the first time Hampshire has benefited

from the dedicated Highways England fund. Jim O’Sullivan, Chief Executive of Highways England, had this to say: “England’s strategic roads are vital for economic success, connecting businesses, people and supporting the government’s agenda of employment and growth. All of these improvements and future upcoming announcements will ultimately ensure England’s major roads continue to make a valuable contribution to the prosperity of our country.” The £100M Growth and Housing Fund forms part of a £15Bn government investment in road infrastructure. The initiative provides financial backing to those schemes that are deemed necessary for housing developments, funnelling new homes and jobs into the region. Through the fund, Highways England has made contributions of over £60M to 16 improvement projects, unlocking over 30,000 new homes and 40,000 jobs.

EDF Energy has named Balfour Beatty as preferred bidder for a tranche of new tunnelling and marine works as part of the hugely ambitious Hinkley Point C nuclear power station development. The four-year package entails construction of three marine tunnels – both onshore and off – totalling 9.5 kilometres in length and seven metres in diameter. Collectively, these excavations will form part of the allimportant cooling system required to service the UK’s landmark nuclear development. For Balfour Beatty, preferred bidder status makes this the second major package to be delivered by the company at Hinkley Point C. In 2015, the infrastructure specialist was contracted to carry out £460M worth of electrical works at the power station in a joint venture with NG Bailey. That package is currently ongoing. Stephen Tarr, Managing Director of Balfour Beatty’s Major Projects business, commented: “With our nuclear heritage dating back to the 1950s, reaching preferred bidder status on our second major package of works at Hinkley Point C is testament to both our expert engineering skills and our in-depth market knowledge. “Hinkley Point C is a project which inspires collaboration by its very nature due to its significant scale and complexity. Our expert engineers will deploy heavy civil engineering skills and extensive knowledge of tunnelling.” Upon completion, Hinkley Point C will be the first in a new generation of nuclear power stations – the first to be built in the UK for more than two decades. More than 700 job opportunities will be generated over the course of its construction, including up to 15 apprenticeships.

UK Summit 2017 16 May 2017, London The Summit is the ﬁrst of its kind to address the major touch points of change, presenting the UK's built environment sector with both unprecedented challenges and opportunities in the coming years. Attend key sessions to: • Hear about the current and future trends in global real estate markets with our keynote address from JLL EMEA CEO Guy Grainger. • Listen to an interactive panel discussion with Arup Associate Global Foresight Manager Josef Hargrave, L&Q Development Director Andy Rowland and British Land Head of Ofﬁce Leasing Michael Wiseman on how UK real estate can and should respond to changing workspace, and changing lifestyles.

Mayor of London’s new planning measures to boost affordable housing Mayor of London Sadiq Khan has unveiled brand new measures intended to boost affordable housing across the capital. Through his Supplementary Planning Guidance (SPG) scheme, Mr Khan is promising developers safe passage through the planning process, providing their developments meet a minimum requirement of affordable housing provision – 35% on private land and 50% on public. Those developments that make the grade will be fast-tracked through London’s planning quagmire. There’s a caveat, however: all developments must be under way within two years of initial planning approval. Any developer that fails to meet this condition risks intense scrutiny from City Hall, with particular focus on the financial modelling that underpins their proposals. Likewise, should a developer shirk its

• Discuss with Heathrow Development Director Phil Wilbraham, along with other contributors from the road rail sectors where the we’ve opportunities in UKto put £1.7Bn commitmentand to affordable housing, already agreed infrastructure currently lie. City Hall will publish their financials of the investment that I secured from online – an act of public shaming, if Government into 50,000 new and Observe an “unexpected in-depth interview session, including you like. A •portion of any genuinely affordable homes to rent profits” will have to be reinvested into James and Maddock buy. This investment work Cushman & Wakeﬁeld looking atwill how other affordable housingcan schemes. hand inyour handbusiness. with the new approach disruption positively impact Quite wisely, the Mayor of London for developers that I’m introducing, is wary of Book exploitation. In June, which willfrom allowhigh them to benefit from now and join senior attendees proﬁle developers put forward plans to cut a fast track through the planning affordable companies. housing at Battersea Power system if they offer more affordable Station by 40% – a sizeable reduction housing and get building quickly. on the approved planning application. “I’m determined to ensure we don’t Who’s to say these developers won’t have a repeat of what happened do the same? at Battersea Power Station, with Mayor of London Sadiq Khan had developers unacceptably reducing this to say: “The housing crisis is the the number of affordable homes on biggest challenge facing Londoners site after planning permission was today with too many people – granted. That’s why I’ve written to all particularly the younger generation councils offering City Hall’s expertise – being priced out of our city, unable in robustly scrutinising applications to afford a home. to ensure we see the new and “I’ve been honest with Londoners genuinely affordable homes built that from the start – we can’t turn things Londoners desperately need.” around overnight. But we’re working hard to tackle the issue every day and

View the programme and book now at rics.org/uksummit 13

MUSICAL CHAIRS – COST RECOVERY IN ADJUDICATION When I was a child, not so long ago (no sniggering please), my favourite game was musical chairs. I loved waiting for the music to stop and then dashing for one of the vacant chairs. Oh, what fun we had. I never knew when the music would stop and which chair would be free. I never thought for one minute that I would still be playing a version of that game so far down the road into my professional career. What am I talking about? Well, what I am referring to is yet another twist in the “recovery of inter-party costs in adjudication” road.

Regent House, Folds Point, Folds Road, Bolton BL1 2RZ t. 01204 362888 f. 01204362808

tvp@vinden.co.uk www.vinden.co.uk

You will recall from previous articles that the Late Payment of Commercial Debts (Interest) Act 1998 (“LPCDIA”) includes the right of a Claimant to recover its reasonable costs above the fixed sums of compensation included in the act. This provision led to the start of referring parties claiming debt recovery costs through this piece of legislation in adjudication cases, with varying degrees of success. Then came the judgement in Lulu Construction Ltd v Mulalley & Co Ltd [2016] EWHC 1852 (TCC) (“Lulu”) which potential claimants in adjudication had been waiting for. This judgement supported the concept of obtaining inter-party cost recovery in adjudication under the LPCDIA where the contract failed to include an adequate remedy for the payment of interest. The judgement in Lulu, which addressed a jurisdictional issue on whether an adjudicator could answer a question on costs recovery rather than looking at the substantive law on the issue, had many people convinced that this would mark the start of parties successfully bringing claims in adjudication which included an element for cost recovery, where the underlying contract had failed to include an adequate remedy for dealing with the recovery of interest, and both interest and costs recovery were claimed under the LPCDIA . Now it appears that the chairs have been shuffled and the prospects for the recovery of inter-party costs in adjudication allowed in Lulu has now been slain by an unreported decision of The Technology and Construction

Court in Enviroflow Management Ltd v Redhill Works (Nottingham) Ltd. Enviroflow was engaged as a subcontractor by Redhill to provide internet installation works. The Parties fell out and Enviroflow commenced an adjudication claiming payment from Redhill and an order for recovery of its reasonable costs under the LPCDIA. The adjudicator found in Enviroflow’s favour and the decision awarded Enviroflow a sum of £81,000 plus interest, together with £14,900 in costs under the LPCDIA. The adjudicator also decided that Redhill should pay his fees. Redhill didn’t pay Enviroflow and Enviroflow commenced court proceedings and applied for summary judgement. The judge had little hesitation in awarding payment of the principal sum of £81,000 and interest to Enviroflow but dismissed its application for costs recovery under the LPCDIA for the following reasons. Although section 5A of the LPCDIA provided for an implied term in a contract that a successful party was entitled to its costs of recovering a debt, section 108A of the amended Housing Grants Construction and Regeneration Act 1996 provides that, where a construction contract had been referred to adjudication, the costs of an adjudication can only be awarded where such a provision has been made in writing.

term was caught by s.108A of the 1996 Act and was ineffective unless an agreement had been made in writing. It was common ground that no agreement had been made in writing. Thus, the adjudicator had had no jurisdiction to make a costs award and Enviroflow was awarded judgment of its claim, less the sum awarded, in the reasonable recovery of its costs. So, at least for the time being, it appears that we have some clarity on the position. There is no right to claim inter-party costs where the underlying contract has failed to include an adequate remedy for dealing with the recovery of interest, and both interest and costs recovery are claimed under the implied terms of the LPCDIA. But will the Court of Appeal decide to shuffle the chairs again if this issue comes before them? We will just have to wait and see. Peter Vinden is a practising Arbitrator, Adjudicator, Mediator and Expert. He is Managing Director of The Vinden Partnership and can be contacted by email at pvinden@ vinden.co.uk. For similar articles please visit www.vinden.co.uk.

Accordingly, whilst Enviroflow was entitled to seek its reasonable costs by reason of an implied term from the LPCDIA, such an implied

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Payment Notices and Successive Adjudications: Update As discussed in earlier articles, the sum due as an interim payment to a contractor is normally the sum that results from the employer’s payment notice and pay less notice, if any. But if the employer fails to issue either a valid payment notice or a valid pay less notice, the contractor is entitled to be paid the sum it notifies. In ISG Construction Ltd v Seevic College (2014) and Galliford Try Building Ltd v Estura Ltd (2015), as described in earlier articles, Mr Justice Edwards-Stuart’s analysis was that, where the amount of interim payment is fixed by the contractor’s application, the employer having failed to issue a payment notice or pay less notice, the amount applied for is deemed to be the correct valuation and is also deemed to be agreed. He decided it is not permissible to have a second adjudication, on the “true” valuation of that particular interim payment, when a first adjudication decides the sum payable on the basis of notices.

I questioned whether that result and that analysis is correct in my previous articles on this subject. That result and that analysis have now also been called into question, for the same reasons, by Mr Justice Fraser in the recent case Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd (2017). He referred to the analysis of the Court of Appeal in MJ Harding Contractors v Paice (2015), which drew a distinction between a contractual issue (the validity of a pay less notice) and a valuation issue (the correct value of the account). That is the very distinction that Mr Justice Edwards-Stuart seeks to avoid by saying that where employer fails to issue a payment notice or pay less notice, the amount applied for is deemed to be the correct valuation. Mr Justice Fraser also referred to the Court of Appeal’s decision in Brown v Complete Building Solutions Ltd (2016) as taking a similar approach as in MJ Harding to whether a dispute

referred to adjudication was the same as one previously referred. He therefore doubted if the ISG case would be decided the same way now, following the Court of Appeal’s rulings. Mr Justice Fraser also found further support for his view from an analysis of the rationale given by Mr Justice Edwards-Stuart for his approach in the Galliford Try case and from the analysis of O’Farrell J in Kersfield Developments (Bridge Road) Ltd v Bray and Slaughter Ltd (2017). While Justice Fraser is quite correct in his approach, analysis and result, this element of his reasoning should be treated with caution. There is inconsistency and illogicality in Edwards-Stuart J’s analysis, which was, however, unfortunately accepted uncritically by O’Farrell J, so that reliance on selected passages from Galliford Try and Kersfield is of limited value. By Peter Sheridan, Partner at Sheridan Gold LLP

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Place Branding with Substance: Why places should put people first Place branding is hard to get right. How can you possibly distil a diverse culture, city or even country into a single idea? It’s all too easy to end up with a slick but shallow identity that doesn’t really mean anything to anyone. In fact, place brands can often marginalise the very people they are designed to connect by focusing on the superficial. The best place brands dig beneath the surface to capture something intangible. An expression of something unsaid but long felt. An idea that’s true to its past, present and future. Something that relates the physical form to the people who inhabit it. We call this place branding with substance. The past few years have seen some inspiring examples of how to infuse place brands with a substance that resonates with inhabitants, workers and visitors alike. Only one New York City? The more diverse the people, the harder it might appear to find a common thread. When New York City rebranded, they put this problem at the heart of the brand. The idea - ‘only one, but no one NYC’ -recognises the city’s uniquely iconic status and cleverly contrasts this with the incredible diversity amongst its 8.2 million inhabitants. Everyone has their own distinctive New York City. The idea is brought to life through an iconic NYC logotype that has the ability to house an infinite variety of content. Just like the city itself. By emphasising the city’s remarkable

variety, the branding avoids the need to shoehorn in a common link between each element. Any attempt to do so would surely be so diluted as to be meaningless. Remembering Australia's oldest town On a smaller scale, it’s easier to find coherence between an area’s past, present and future. But delivering it in a way that feels authentic takes real skill and care. Situated in the heart of Sydney, The Rocks is Australia’s oldest town. It’s famous for heritage buildings, cobbled alleyways and its rich history of craftsmanship. But the town had earned an unwanted reputation as a tourist trap. A rebrand set out to reposition The Rocks as a beacon for like-minded creative people. The idea, ‘made by many hands’ sought to focus on the substance at the heart of the area. And, crucially, it put people first. The visual identity itself feels handcrafted, combining heritage cues inspired by textures and materials found in the precinct with a contemporary aesthetic. A flexible framework is designed to champion local businesses, with the master brand playing a supporting role. And the brand’s language brings stories of its craftsmen to life. It’s a true neighbourhood brand that puts its people at its heart. Unbranding Camden Market There are some places where attempting to create a traditional brand

would be met with outright hostility. Since its opening in 1974, Camden Market has always rejected conformity, celebrating individual thinkers and self-expression. So when looking to make the market relevant to a new generation of visitors, we set out to try and capture this rebellious spirit. A brand that wasn’t a brand. An unbrand. Under the idea ‘Unfollow Convention’ we created a toolkit that would enable users to embrace Camden’s punk spirit and express their individuality. At its heart was a series of bespoke typefaces based on the market’s iconic Camden Lock sign. These gave the market its distinctive, authentic voice and removed the need to plaster the logo everywhere. The typefaces are supported by a distinctive set of brand assets and a challenge: “If you’re not experimenting with our brand, pushing its boundaries, you’re not doing it right.” It's about meeting the people The best place branding recognises that place branding isn’t done in an office by branding agencies, property developers or governments. It’s done in collaboration with the people who live, visit or work there. They give a place its meaning and purpose. Ask nicely enough, and they’ll tell you what the place means to them. As a branding agency, our job is to capture that meaning and use it to inform everything we do. By Max Ottignon, Co-founder of Ragged Edge

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When not taking risks on people becomes risky The talent shortages presenting a significant risk to many UK organisations are well documented. In the construction sector, output is anticipated to grow at an average of 1.7% over the next four years, outpacing average construction employment growth which is anticipated to lag at just 0.6% over the same period. What’s more, RICS figures suggest that the UK construction industry could lose almost 200,000 EU workers – 8% of its workforce – post-Brexit should Britain lose access to the single market. However, when it comes to effective talent management, an unwillingness to take calculated risks on people can present a problem in itself.

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Stepping out of a risk-averse mindset To develop and grow, people need to be given opportunities to stretch themselves beyond their current capability, with the appropriate support mechanisms in place as a safety net. However, industries reliant upon STEM skills, where the flow of talent is already in short supply, tend to be understandably risk averse. Perhaps due to the safety-critical nature of the work, or the expectations of clients, or as a symptom of an already stretched system, when resourcing projects there’s a tendency to turn to the safest pair of hands – ‘tried and tested’ employees who’ve delivered that type of project before. While this approach is a safe shortterm solution, it neglects the longerterm need to develop people and, importantly, bring them through. The result? Thin talent pipelines, with insufficient volumes moving through to keep them healthy. Poor talent attraction and retention too, since newly qualified individuals tend to have expectations of rapid career progression and a constant flow of development opportunities. The combination of inadequate supply and deficient succession planning has led to many firms operating with critical holes or ‘pinch points’ in their pipeline, while also losing talent due to an inability to fulfil expectations of accelerated career development. According to construction executives, risks relating to ‘workforce management and talent optimisation’ are expected to be the second biggest threat facing their business over the next ten years. Short-term approach to talent Kiddy & Partners has conducted a series of interviews with HR Directors and Heads of Talent in industries facing talent shortages, including construction. This has revealed that a short-term approach to talent management, whereby current performance is prioritised over longer-term considerations, acts as a key limitation affecting the health of prospective talent pipelines in many of these safety-critical industries. In the words of one interviewee: “Getting people to think beyond the next deadline, beyond the next quarter, to think more strategically, and riskassure the business in that length of time… we can be particularly shortsighted, focused on the next quarter to the detriment of other things.” So what can be done to reduce the

risks associated with talent and skills shortages? To help business leaders make key decisions around talent, HR have a responsibility to provide accurate data about who they’ve got, where, and how this capability meets current and future business needs. Without the right information and insight, firms can’t make effective decisions on human capital management.

Thinking about talent management differently Employers can no longer afford to wait for others to find a solution to talent shortage, but must take a lead in exploring new approaches to closing the skills gap, such as applying the principles of supply chain management to the talent pipeline. By identifying the core capabilities needed to achieve their business strategy, and comparing this against current capability, a talent supply chain approach allows organisations to make informed ‘make and buy’ decisions to determine what can be ‘made’ in-house through development and what must be ‘bought’ through recruitment. Making perfect predictions in a rapidly changing environment is hard. So, a combination of approaches is inevitable. Internal talent development activities such as training, mentoring and other on-the-job programmes should be designed to meet predicable needs as far as possible. Supplementing these with external hiring for meeting unpredicted demands, and optimising the gig economy for resourcing nonstrategic roles, is essential. In addition, partnerships with other firms in the supply chain may enable employers to provide new recruits with a more rounded experience than otherwise possible, through interorganisational talent mobility. The supply chain approach Within a supply chain approach, talent development can be optimised by removing any unnecessary elements that may increase training costs without adding value. Subsequently, the efficiency of development is enhanced by targeting development activities based on an accurate assessment of development needs. The reality, however, is that much development occurs without a robust analysis of needs. These are not just current but future needs, and in line with the business’s strategy. This results in development becoming less efficient and a diminished return on investment.

The absence of a proper needs analysis up-front is often compounded by a lack of training evaluation, so the inefficient investment in development goes unchecked. In reality, wasted development spend is only the tip of the iceberg. A lack of rigour in development increases the risk that employees don’t have the capability to perform well. A skills drift develops, turning into an imminent risk for the business, which in this industry can mean missed project deadlines, overspent budgets, or worse – poor quality or unsafe construction.

A new approach to talent management So how can construction organisations move towards a more proactive approach to talent management? • Be proactive. Ensure that talent development is closely aligned to both current and future business needs • Identify appropriately stretching opportunities to help employees develop their capability • Ensure that sufficient scaffolding is in place to support employees, following a ‘fail safe’ philosophy by having regular monitoring and review points in place to provide an appropriate safety net. Taking these steps means that construction businesses can gain more visibility over their talent needs, close skills gaps and move their people forward confidently and strategically. This breaks the skills shortage cycle facing the sector: not taking a risk on people is a risk in itself. By Zara Whysall, Head of Research at Kiddy & Partners CITB (2017). Industry Insights: Construction Skills Network Forecasts 2017–2021 http://www.citb. co.uk/documents/research/csn%20 2017-2021/csn-national-2017.pdf RICS (2017). Press Release: UK construction industry could lose 8% of workforce post-Brexit, 15 March 2017 http://www.rics.org/uk/news/ news-insight/press-releases/ukconstruction-industry-could-lose-8of-workforce-post-brexit-new-ricsfigures-reveal-/ Willis Towers Watson (2017). Deconstructing risk: Construction Risk Index 2017 https://www. willistowerswatson.com/en/ insights/2017/04/construction-riskindex-2017

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The UK Infrastructure Show – Constructing the Future, taking place

at NEC, Birmingham on Tuesday 17 April, is a must-attend event for those working in all areas of infrastructure - from construction to technology - as UK infrastructure investment is set to reach a record high of over £500Bn and a building boom is under way in the UK’s large regional cities, with construction finally returning to levels last seen before the 2008 financial crisis. Key findings from a recent Crane Survey report that the volume of office construction in London has increased by 4% over the past six months to an eight-year high of 14.8 million sq ft. Birmingham and

Leeds are also building offices at the highest rate in a decade. Officially supported by CompeteFor – the leading infrastructure supply chain service – and celebrating major ongoing and future infrastructure projects including HS2, Tideway and Crossrail, the second annual UK Infrastructure Show 2018 will provide exhibitors, sponsors and delegates with a unique opportunity to engage, connect and collaborate with a vast array of key projects, a captive audience of 1,000 decision makers and influencers representing all areas of the supply chain. Make your business known, build

valuable relationships and develop market insight that creates lasting competitive advantage by exhibiting or sponsoring at this event. All on one day, in one place at the UK Infrastructure Show 2018.

For early bird exhibition and sponsorship opportunities call the UK Infrastructure Team on 0845 270 7066 or email exhibitions@ ukinfrastructureshow.co.uk

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The UK Infrastructure Show 2018 is FREE to attend for anyone working in the infrastructure sector – SMEs, Prime Contractors and representatives from major projects across the UK. To register for your complimentary place, simply click here.

WHAT CAN YOU EXPECT AT THE UK INFRASTRUCTURE SHOW 2018? KEYNOTE ARENA The Keynote Arena at the UKInfrastructure Show 2018 will showcase presentations from some of the organisations charged with setting the strategy of future infrastructure plans as well as some of the major projects currently under way across the UK. Do not miss out on this unique opportunity to hear from a range of the most important speakers in the infrastructure industry. OPPORTUNITY AND TRAINING ZONES

UK’s leading projects, both those under way and those planned, with details of supply chain opportunities available to organisations like yours. COMPETEFOR SUPPLY CHAIN ADVICE HUB CompeteFor is a free service that enables businesses to compete for contract opportunities linked to major public and private sector buying organisations. The CompeteFor Supply Chain Advice Hub is the go-to place for any organisation looking to improve their procurement capability, get a complimentary profile check-up or have your questions answered. PROJECT PARTNER PAVILIONS

Designed to educate delegates on the key issues common to large-scale infrastructure projects, these zones will take you through all you need to know in order to make the most of the supply chain opportunities available in this sector. You will also hear from representatives from some of the

PIA • 20TH APRIL 2018

We are delighted to be working with some of the largest infrastructure projects currently under way across the UK. Our project partners will each have a dedicated pavilion within the Product Showcase Exhibition. Come along and meet with representatives from

these projects to learn more about the supply chain opportunities open to organisations like yours. PRIME CONTRACTOR ENGAGEMENT VILLAGE The UK Infrastructure Show Prime Contractor Engagement Village will allow visitors the opportunity to meet directly with many of the key Prime Contractors currently engaged in the delivery of live projects, providing an insight into possible opportunities for developing ongoing working relationships. The UK Infrastructure Show 2018 is FREE to attend for anyone working in the infrastructure sector - SMEs, Prime Contractors and representatives from major projects across the UK. To register your complimentary place, simply click here. For early bird exhibition and sponsorship opportunities call the UK Infrastructure Team on 0845 270 7066 or email exhibitions@ ukinfrastructureshow.co.uk.

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Wising up to the skills shortage The skills shortage in the construction sector is well documented, with research conducted by the Federation of Master Builders (FMB) suggesting that access to skilled workers is decreasing through the building trade, from bricklayers and carpenters to other key trades. The FMB’s latest State of Trade Survey for 2017 shows that 60% of construction SMEs are struggling to hire bricklayers; 58% are struggling to hire carpenters and joiners; and 45% are struggling to hire plumbers. So while the industry is growing, it is facing a jobs bottleneck. Brian Berry, Chief Executive of the FMB, said: “We’ve been experiencing a severe shortage of bricklayers and carpenters for quite some time – these latest statistics show that skills shortages are now seeping into other key trades such as roofers and plumbers. Indeed, of the 15 key trades and occupations we monitor, 40% show skills shortages at their highest point since we started to feel the effects of the skills crisis in 2013 when the

industry bounced back post-downturn. This growing skills deficit is driving up costs for small firms and simultaneously adding to the pressure being felt by soaring material prices linked to the weaker pound.” The construction industry is experiencing a resurge, and if the Government’s Housing White Paper call for a million more homes by 2020 is to be realised, the sector will need to have sufficient skilled workers to build these new homes. Berry continued: “Against a background of significant political uncertainty, including Brexit and the General Election, this demonstrates a resilience in our sector that can sometimes go

underappreciated. All of the key metrics of growth – workloads, enquiries, employment and expectations – were positive. However, these encouraging findings are dampened somewhat by continuing price inflation, with material and wage increases being widely reported. The remainder of the year will undoubtedly provide its challenges, but in the short term at least, builders are confident about their prospects.” We spoke to Dave Newgass at Wise Global Training about the skills shortage and how businesses can ensure they have skilled labour available for new contracts. “Fluctuations in the market have contributed to the construction skills

Fluctuations in the market have contributed to the construction skills shortage – obviously when the market contracts, as it did violently in 2008, the labour provided to that market also retracts, with people getting laid off, retiring, going into other sectors, etc,

shortage – obviously when the market contracts, as it did violently in 2008, the labour provided to that market also retracts, with people getting laid off, retiring, going into other sectors, etc,” said Dave. “Then when the market rejuvenates, there is a shortage of skilled labour, or labour that isn’t as experienced or as well trained as it was previously, creating a shortage in the skill set required.” He has found that as the construction industry grows again, so does the training industry, with companies looking to upskill their workers or individuals looking to break into the job market. “Clients will look to replace experienced personnel by upskilling and achieving certification on a Health & Safety course, or you have people who have realised there is a new job market open to them and they want to give construction a go. Having an H&S qualification will put them ahead of other candidates, helping them stand out in the job pool.” We asked Dave about the apprenticeship levy and if the drive to grow the number of apprenticeships will help boost the market and interest more young people

in the industry. “It can only help,” he said. “Apprenticeships used to have a bad reputation, with companies basically using the apprentices for cheap labour. But I can see this changing; the work that goes into giving apprentices skills, through on the job and study training, shouldn’t be thrown away. And more and more businesses are committing to a full training programme for apprentices.” “Businesses seem to see that investing in training an apprentice is a winwin; they get a more dedicated and skilled workforce and the apprentice is rewarded with a job after,” he added. “It’s more than just box-ticking, it’s good business sense too.” And here is where the apprenticeship levy should come into its own, Dave predicts: “We need to get young people interested in the sector or we will find the skills gap widens. “Investing in apprentices will bring skilled, home-grown workers into the market.” Government commitment to construction projects is all-important in ensuring continuity within the industry – guaranteeing jobs after an apprenticeship

programme will encourage more young people into the market, who will see they have a secure future. Wise Global Training offers a full range of NEBOSH and IOSH Health & Safety courses, from Level 2 through to Level 6, and it sees more companies investing in this kind of training. “We offer quality online training, with full tutor support, and as the industry grows, we are seeing an increase in enquiries,” Dave explained. Founded in 2010 by Dave and his father-in-law, Wise Global Training capitalises on the best of e-learning systems, providing specialised online accredited H&S training and globally recognised qualifications. The quality of Wise Global Training’s tutors is crucial to its success, with the company boasting a 100% pass rate on its IOSH courses and an above-average pass rate for NEBOSH. The company also has an ex-HSE inspector as one of its tutors, ensuring quality throughout. A small company, it can provide a personalised service to its clients, ensuring they have the qualifications they require.

New guidance on reducing unintended movement of plant The Strategic Forum Plant Safety Group (SFPSG) has released a new publication on plant safety entitled ‘Reducing Unintended Movement of Plant - Managing Exposure to Consequential Risks.’ Unintended movement of plant machinery occurs when inadvertent operation of a control such as a switch, lever or pedal occurs, potentially causing serious injuries and fatalities. The new publication, which has been developed in conjunction with the Health & Safety Executive (HSE), provides guidance on a range of control measures to help prevent this from happening. The Strategic Forum Plant Safety Group was formed to produce good practice guidance on plant safety-based topics. Chaired by the Construction Plant-hire Association (CPA), the SFPSG also has membership from the HSE, International

Powered Access Federation (IPAF), Construction Industry Training Board (CITB), British Constructional Steelwork Association (BCSA), Fall Arrest Safety Equipment and Training (FASET), the Safety Assessment Federation (SAFed) and National Plant Operators Registration Scheme (NPORS), as well as significant representation from major construction companies. This latest guidance adds to a number of SFPSG publications on various topics, produced through subject-specific meetings by those from industry holding the relevant expertise. The publication of a HSE-commissioned

report in 2014 on inadvertent operation of controls on excavators supports the notion that users of plant need to be made aware of the hazards and what control measures should be taken to mitigate consequent risks. The CPA hosted an industry meeting in April 2015 to discuss the topic and it was agreed that guidance needed to be produced. A task-specific working group was subsequently formed consisting of a range of employers representing different tier contractors and SMEs, and also included trade bodies, manufacturers and training organisations, as well as the HSE.

A number of meetings were held to discuss the issue, identify the causes and provide guidance on suitable control measures. The group identified that, in principle, inadvertent operation occurs through: a) The operator unknowingly activating a control lever b) The operator intentionally activating a control lever but a different action occurs to that which they expected c) The operator (or other) bypassing or defeating a safety system The group additionally recognised that mechanical malfunctions have the potential to cause inadvertent or partial operation but agreed that this subject area would not form part of the guidance, being a maintenance issue. In identifying and documenting actions to help manage the exposure to the consequential risks of unintended movement, the following topics are covered within the guidance: • Planning of the task and the selection of plant • Attributes of personnel, supervision and training requirements • Control of the working zones and those within the area • Communication • Types of operating controls and

means of isolation • Selection and fitting of additional control measures, including clothing specifications • Checks, inspections and maintenance requirements A large number of case studies of actual incidents have been documented in the guidance and included is an analysis of the causes, consequences and outcomes of each, for which there are often a number of causal factors. This emphasises how incidents have occurred and how they could have been prevented. Plant manufacturers were represented at the meetings of the working group with an intention that they would subsequently design out potential inadvertent operation and risks during the development of new machines. This latest publication encompasses all plant types including those operated through a remote control unit, with the exception of MEWPs, for which, a separate publication from the Plant Safety Group on crushing issues has already been produced. CPA Director Kevin Minton said: “If construction plant moves unexpectedly, then anyone close to it is at risk of being seriously injured or killed. This new publication gives guidance on a

range of control measures to prevent this happening. Drivers, people working near plant, supervisors and contractors all have a part to play. We urge all those in the construction sector and those involved with the operation of plant and machinery to implement the many recommendations in order to maintain safe plant activities.” CPA Technical Manager Peter Brown, who project managed work on the guidance said: “We’re pleased that this important and comprehensive piece of work is now complete, and I’d like to thank CPA Consultant Tim Watson, the working group and their organisations for their hard work and continued support in producing this guidance.” The publication is available to download for free from the CPA website at www. cpa.uk.net/sfpsgpublications. The Strategic Forum Plant Safety Group is also planning to produce a condensed version of the publication summarising and highlighting the salient points from the main document for easy reference. This condensed version can also be used as part of a training package for operators and for those working with or near to plant.

FTA urges ministers to put logistics at the Brexit table A newly published government paper detailing potential trade and customs arrangements post-Brexit has been recognised as a “step in the right direction” by the Freight Transport Association (FTA), one of the UK’s largest trade organisations and a representative of the logistics sector. But the FTA is urging caution. The proposals as laid out are exactly that; proposals, far from guaranteed. Peerless negotiation will be required if British businesses are to trade freely once unplugged from the EU. “The government has recognised that it cannot drive the British economy off the cliff-edge of Brexit,” said James Hookham, Deputy Chief Executive of the FTA. “But to secure the best possible deal for British business will take skill and understanding of how trading relationships work, in order to obtain the buy-in of the rest of the EU27 countries, as well as the EU’s own bureaucrats. The FTA is keen to play its part in helping to develop efficient customs procedures post-Brexit, which will keep trade flowing freely, and urges the government to include representatives of the sector, with specialist knowledge, at the negotiating table to help reach the best possible deal for Britain.” The government paper puts forward a “temporary customs union” solution to immediately follow the separation in March 2019. During this period, government officials would expect to negotiate their own international trade deals – something strictly prohibited to all EU Customs Union members. Once time is called, the government hopes to establish a streamlined border with the 30

EU or a new kind of partnership without a customs border at all. “The government’s ambitions for customs arrangements post-Brexit are, at present, just that, and it will take time and care to ensure that all the subtleties of current operations can be incorporated into future plans,” continued Mr Hookham. “The logistics industry has clearly identified its needs if trade is to continue in a frictionless manner with the EU and the rest of the world, and the government owes it to British trade and industry to work with us to ensure that these arrangements can be introduced as part of the final Brexit deal.” In partnership with the 16,000 member organisations it represents, the FTA has developed its own CLEAN agenda for Brexit, and the association is urging ministers to take note. It covers: • Customs systems and procedures capable of handling up to 300 million additional annual declarations • Learning curve – time to adapt to new systems and acclimatise to making customs declarations for UK-EU trade • Equivalent procedures in all other European customs administrations to avoid intra-EU border delays • Avoid vehicle checks at ports and airports where there is no time and no room – advance declarations and

clearance systems can eliminate the need for checks • No cliff-edge in trade procedures – businesses will require transitional arrangements to ensure international trade can continue to operate 24 hours a day, 365 days a year, especially if negotiations break down at short notice and the UK exits the customs union without a deal “No trade deal will succeed unless freight and logistics requirements have been factored into any discussions between the EU and the UK,” concluded Mr Hookham. “Without involving the sector in negotiations, the government risks driving the country’s economy off the Brexit cliff onto the beach below. “The FTA has a clear agenda and is fully prepared to play a constructive and productive role in forthcoming negotiations, and work with government to ensure that the final Brexit deal is designed to keep Britain trading.” According to the FTA, Great Britain remains a world leader where logistics is concerned. The sector contributes 11% of the UK’s non-financial business economy, employing 2.54m people in 2016 – approximately eight per cent of the UK’s workforce.

New fleet research highlights importance of “rightsizing”

Fleet operators in the construction sector may well be missing out on significant opportunities for “rightsizing” their light commercial vehicles (LCVs), according to new research conducted by Arval – the vehicle leasing and fleet management specialist. For the uninitiated, rightsizing refers to a cost-effective trend wherein fleet operators closely match their payload needs to a specific model of vehicle. The benefits are many; rightsizing could improve fuel efficiency, for instance, or markedly reduce environmental impacts. And yet, in its 2017 Corporate Vehicle Observatory Barometer, Arval found that the overwhelming majority (83%) of fleet operators that acquired a new LCV over the past 12 months replaced it with one the same size. In total, eight per cent of survey respondents chose a larger LCV, while seven per cent elected for a smaller vehicle. According to Arval, these figures fall well below the level one would expect from a typical fleet optimisation consultancy exercise. All of which begs the question, are fleet operators aware of the savings they could be making?

“Model selection is probably the most important van-related decision a business can make,” said Shaun Sadlier, Head of Arval’s Corporate Vehicle Observatory in the UK. “Having a vehicle that closely meets your needs can make a huge difference to fleet costs and efficiency, and the rapid proliferation of different van designs and payloads that are now available means it is possible to identify models to fit almost any fleet profile. “However, this research indicates that the vast majority of fleets are adopting a ‘same again’ policy to van selection, almost irrespective of fleet size, and forgoing the potential whole-life cost savings in areas such as fuel and tyres that rightsizing can deliver.” According to Mr Sadlier, the benefits of rightsizing – for construction in particular – are plain to see: “Imagine

that you have an LCV fleet for estates and building maintenance operating across the UK. They are using long wheelbase Transit panel vans – a vehicle they buy habitually – and carrying tools and materials that will cover a wide range of needs. However, a large proportion of these are hardly ever needed. “The solution could be to switch the drivers into smaller Transit Connects, which are easier to drive and use every day because of their compact dimensions, while minimising the amount of material and equipment carried. Anything else needed could be supplied on an ‘as-needed’ basis by post or courier. This significantly reduces costs because these vans use less fuel and are cheaper to maintain.”

Recent figures have shown a significant slowdown in the UK construction industry, in July, levels of activity within the industry fell to an 11-month low amid prolonged political and economic uncertainty. Over the last year or so, in the wake of the vote to leave the EU, the value of the Pound has collapsed against the Euro and recently hit an eight-year low. For countless businesses, this represents a considerable problem; anything they need to buy in another currency has become much more expensive in a relatively short period of time. An estimated 85% of builders think that the prices they are being forced to pay for materials could lead to customers hiring rogue traders in an effort to mitigate these increases, saving money on their projects. A third of builders report that their margins have been squeezed by the fall in the value of the currency, while almost a quarter have admitted that they have had to pass these increases onto their customers. One in ten builders have stated they have made losses on projects due, primarily, to the increase in material costs. It is easy to see the impact of the weakened currency has had throughout the wider industry; more expensive materials, higher costs to customers, fewer customers willing to go ahead with projects. Brian Berry, Chief Executive of the Federation of Master Builders states that â&#x20AC;&#x2DC;with stagnant wages and price inflation across the economy, consumers are feeling the pinch and it might be that they decide not to commission that loft conversion or

UK Construction Slowing as Brexit Uncertainty Remains

extension after all.â&#x20AC;&#x2122; While a weaker currency may deter individuals from spending on building projects, it is the longer-term health of the UK economy that has dampened investment from abroad. A decline in commercial and industrial construction has been forecast with investors reluctant to spend money in such an unstable time. The Construction Products Association (CPA) has predicted the industry will expand only 0.7% throughout 2018, the slowest rate for six years and almost half its previous estimate. As the country moves ever closer to leaving the EU, with a lot of talk and not much in the way of concrete plans, the amount of uncertainty being felt throughout industries is to be expected. Growth in 2019 is projected to be 1.8%, but as we all know, between now and then, a lot will happen, so it is important to take these figures with

a grain of salt as they can easily be way off the mark. The amount of negotiation and deal making that needs to be done before leaving the EU is truly enormous, and the longer the country goes without a strong and clear game plan, investors will hold onto their money. After all, without a solid view of what is down the road for the country, few will want to spend huge sums of money just speculating. Even though no deals have been struck and the country is still somewhat in limbo with regards to future trade, the effects are being felt throughout the industry. Forecasts have been slashed and construction activity is slowing. We can only hope that there are strong and decisive steps in the right direction to increase the levels of confidence throughout the economy in order to ensure a prosperous future for the construction industry.

Building Information Modelling: Friend or foe? Building Information Modelling (BIM) level 2 became mandatory for use on all public sector works in 2016. Over the next year we will see further implementation of BIM – and evidence suggests it is becoming more common in the private sector. What is BIM? BIM is regarded by some as a necessary evil – however, for others it is an exciting new way of procuring and delivering construction projects. It brings together all of the information about every component of a building in one place, making it possible for anyone to access that information for any purpose, for example to integrate different aspects of a building design more effectively. In this way, the risk of mistakes or discrepancies is reduced, and abortive costs minimised. As hardware, software and cloud applications herald greater capability to handle increasing amounts of raw data and information, use of BIM will become even more pronounced than it is in current projects. Ultimately, BIM envisages a collaborative multi-disciplinary

approach for any project, from conception to hand over and project use throughout the whole life-cycle of the building. The focus of BIM is to design a project with the end purpose in mind. At its peak, it is the natural progression of 3D CAD design whereby all parties with design input, as well as the employer and construction parties, contribute to and subsequently work from the same single design. That is not to say that BIM is limited to new projects, as, if used correctly, BIM can also be used for retrofit works to existing buildings, bringing existing property stock at least partially into the 21st century.

Level best? The government has recognised that the process of moving the construction industry to ‘full’

collaborative working will be progressive, with distinct and recognisable milestones being defined within that process, in the form of ‘levels’. These have been defined within a range from 0 to 3, and, whilst there is some debate about the exact meaning of each level, the broad concept is as follows: • BIM Level 0 – in its simplest form, level 0 effectively means no collaboration between design team or other parties with the drawings being produced as 2D CAD. These are then subsequently distributed via paper or non-amendable electronic prints to the rest of the team. Generally, this has now largely been surpassed in practice by the industry. • BIM Level 1 – this level involves limited collaboration between the design team parties. It consists of

some use of 3D CAD for concepts works but the use of 2D drafting for statutory approval documentation. This is generally the level to which the industry is working at present. • BIM Level 2 – this level is distinguished by collaborative working between parties using 3D CAD models. However, each party works from individual models so that external data from other parties combined is with the individual model to create a "federated" BIM model. Most UK practitioners who have begun to adapt to BIM are operating at around this level. • BIM Level 3 – considered the "Gold Standard" of BIM. This level has been used internationally on a few largescale projects, but is generally still some way off for the vast majority of UK construction practices. BIM level 3 requires all parties to be working from the same 3D CAD model, which is stored on a cloud server and is therefore accessible by any party anywhere in the world. After the design phase, this model

continues to be accessible by the construction team, who are able to amend this to create an "as-built" model. This is then provided to the end user of the building, meaning that they are able to monitor information relating to the performance of the building (eg. energy, maintenance and other performance costs). Ultimately, at the end of the life-cycle of the building, the end-user will have detailed information to hand to safely, quickly and cost-effectively demolish or otherwise regenerate the building.

Benefits of BIM There is no doubt that BIM has the opportunity to completely revolutionise the way that building projects are designed, constructed and utilised. The concept of having the entire design team working in collaboration from the outset, with the client able to respond and suggest any amendments before even a peg is put in the ground is a clear positive in terms of overall project delivery. Savings as a result of the use of BIM

on several large international projects have already been seen. It is estimated that as a direct result of BIM, 199 days and £65,000 worth of time was saved on the development Abu Dhabi Airport as well as a reduction of 30% in construction time of Shanghai Tower. Despite the clear benefits, there is equally little doubt that the implementation of BIM is a significant sea change for the construction industry and one which does not come with an insignificant expense. This expense is not just limited to the acquisition of new technology programmes, data storage and information security costs, but also training and engagement costs for staff. Whatever your point of view, BIM represents the future of construction and there is no doubt that for the industry, it is here to stay. By Chris Hoar, Partner at Michelmores LLP

Benefits of immigration to construction As globalisation gathers pace, so immigration becomes an increasingly hot topic. The breaking down of national borders is largely business driven, as international companies pick and choose where to base their operations. This decision is often motivated by factors including local labour costs, legal and tax regulations, and proximity to raw materials and consumers â&#x20AC;&#x201D; although these last two factors are diminishing in importance as fast transportation and e-commerce become the norm. Free movement of labour is also beneficial to business and to some degree this has followed on from globalisation. Just as companies will often move to locations where they can employ skilled or unskilled labour at the lowest cost, so skilled and unskilled workers will head for those territories where they can earn the most money for their toil. This movement is made easier by the expansion of integrated labour markets such as the European Union. But migrant labour is nothing new, especially within the construction

36â&#x20AC;&#x201A;

industry. Construction work could be described as a moveable feast, and most of the great construction projects worldwide have historically been built by migrant labour. The great pyramids at Giza are now believed to have been mostly constructed by skilled migrant labour, and certainly the railways, bridges and viaducts of Britain's industrial revolution were largely the work of skilled Irish navvies, though frequently suffering from appalling employment conditions. While recognising the benefits of immigration, governments should act to protect the rights of workers both at home and from abroad. Providing appropriate training structures and opportunities will help native workers find jobs, while fair competition can be ensured by tackling exploitative employers rather than by obstructing or penalising those traveling in search of work. Enforcing a minimum wage is another step that governments can take, with unions acting as watchdogs on behalf of their members. There are advantages from the construction sector's point of view to a points-based managed migration system, where

points are awarded in line with local labour market needs. However, this must be flexible and adaptive enough to allow for sufficient movement to quickly meet changing requirements. Construction is a naturally itinerant industry, reliant on migrant labour to meet its needs. The work moves around; as a result, so do the workers. Integrated labour markets and increased mobility have generally been beneficial to the sector. The construction industry in a country with closed borders will suffer as major projects will simply not get off the ground due to the lack of available labour. Obviously this will mean fewer jobs for native workers too. We can see then that if a level playing field is established via the processes outlined above, immigrant labour benefits the interests of native labour, rather than being detrimental to it. Construction workers must go where the work is, and the industry relies on them doing so. As a result, immigration has kept the sector vibrant and profitable. Hopefully it will continue to do so for generations to come.

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Managing the cyber security complexity gap Managing a company’s security infrastructure is a bit like a circus act. Managing a company’s security infrastructure is a bit like a circus act. And with so many different entities involved in the completion of a construction or engineering project, security teams are under tremendous pressure to not drop the ball as they juggle managing the company’s infrastructure while detecting cyber attacks and preventing them from infiltrating and shutting down the systems. Unfortunately for them, they lack the resources and transparency to continually maintain the firewalls and keep the high standards needed for the company to function. The problem: firewall infrastructures have grown complex, resulting in a calamitous final act with data breaches costing millions

in damages and the company left with pie on its face.

The Firewall Firewalls have long been the guardians of an enterprise, controlling traffic in and out of an organisation using rules and policies set by security teams in order to adhere with the various requirements of both corporate and industry-wide compliance regulations. According to FireMon’s latest State of the Firewall Report, a global benchmarking study of over 400 organisations’ security environments, the firewall isn’t going anywhere. In fact, its role is expanding to include protection of cloud and SDN environments, and organisations continue to spend at

least a quarter of their budgets on their firewalls. No matter which route organisations go down to meet their networking requirements, firewalls continue to support them all, whether traditional, next-generation, native or cloud options. And while the significance of firewalls cannot be disputed, they still remain as a sticking point for many organisations in terms of management and using technology to its fullest potential.

Top challenges The number one issue surrounding firewall management for 27% of the organisations surveyed was complexity. With the number of firewall management challenges mounting, so

Network systems have become so complex that a single malfunction or error could shut down a company’s system, exposing the business to cyber attack. Even more shocking was the fact that 60% of organisations admitted to tracking changes manually via Word documents, emails and spreadsheets. too are the risks and costs as IT security personnel find it increasingly difficult to adequately prioritise resources. Today’s corporate network infrastructures are highly likely to consist of multiple vendor firewalls with two thirds stating they have up to ten or more, adding further fuel to the IT security fire. Network systems have become so complex that a single malfunction or error could shut down a company’s system, exposing the business to cyber attack. Even more shocking was the fact that 60% of organisations admitted to tracking changes manually via Word documents, emails and spreadsheets. Where projects that involve collaboration are concerned, cloud applications are a useful way to manage such projects, but can throw up challenges, specifically regarding where the security accountability lies. In fact, more than one third of respondents stated responsibility for cloud security falls outside of security operations, which adds an extra layer of complexity to security management. This will require a change management process to adapt to a faster, more diverse environment.

Reducing complexity To better manage the threat from cyber attackers, the objective has to be to close the complexity gap – or the discord between the growing number of threats, the technology in place to prevent them and the lack of cyber skills to keep pace – before any damage is irreversible. The key to improving security will be effectively managing the inherent complexity of the technologies and keeping pace with the environments in which they reside. Now there are fewer security resources to monitor and manage the increasing number of technologies used within organisations. To tackle this, management technology systems that

utilise automation in a clever way have been identified as the ideal remedy. Security management is more important than ever to remediate the complexity gap and offers visibility, intelligence, integration and automation. Security management adds an additional layer of protection which can work in tandem with any firewall, regardless of vendor, to quickly and accurately assess risk and control policies in a centralised way.

Using Automation A recent study conducted by Forrester Consulting found that “Managing and auditing firewall rules on a manual basis can expose an organisation to greater risk of a breach, not to mention the additional time and senior resources needed to add new rules and address change requests.” Organisations looking to reduce the likelihood of breaches and adapt their practices to meet networking demands in diverse collaborative environments need a global view of their policies that spans infrastructure types. Manual, device-by-device management is not sustainable. Automation will be critical to enabling dynamic management – from automating data intake to automating workflows to automating intelligence-based action. As networking evolves to meet the needs of an “on-demand” society, security will have to evolve too or risk becoming a bottleneck or, worse, ignored altogether. With better management of security technologies, organisations can start to realise the true potential of their security investments and greatly reduce risk from data breaches and cyber attacks that jeopardise large-scale construction or engineering projects.

By Michael Callahan, a Vice President at FireMon

39 39

Breaking with Tradition: Why the construction industry needs an industrial revolution

Until recently, the construction industry has suffered a technology bypass, relying on centuries-old processes and procedures to manage dazzlingly complex modern projects. Today, however, the same software applications that make manufacturing industries so efficient are being deployed in building construction with transformative results, says John Stokoe, Head of Strategic Development

EuroNorth, Dassault Systèmes. In 50 years of the most accelerated technological advances, a period in which industry after industry has used technology to improve efficiency, the art of building has lagged far behind. Consequently, studies of the construction industry by the National Institute of Standards and Technology, as well as Tulacz and Armistead, have documented 25% to 50% waste in coordinating labour and in managing, moving, and installing materials. In many cases talent and skill are underused, avoidable accidents happen and productivity remains low. The only upside to these statistics is that the construction industry offers tremendous potential for gains in efficiency levels, simply by applying the same proven processes, practices and technologies already common in more automated industries. With high projections of growth –PriceWaterhouseCoopers (PwC) predicts that by the end of this decade, construction will account for more than 13% of the global economy; the time is ripe for change. Current thinking is that the

construction industry needs to look to history for inspiration – specifically to economist Adam Smith. Adam Smith's ideas of segregating tasks and the division of labour have been implemented in engineering over the last 250 years to produce an abundance of goods at affordable prices. This increase is the result of productivity that has been accelerated through the application of Statistical Process Control (SPC) on a unified business platform that helps both to generate supply and to satisfy demand. Tall Storeys Process models for construction have remained largely the same for hundreds of years, with highly skilled labour carrying out tasks for which they are over-qualified 80% of the time. Simply externalising work, ie making components in a factory, enables manufacture by less skilled operatives. This cuts cost, improves quality, reduces onsite re-work and allows total operational control. In this system, work onsite consists of assembly of quality-assured parts, each guaranteed

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to be fit for purpose. Applying SPC to the automotive industry allowed cars to become better and more affordable. The lack of the same methodology in construction has contributed to waste and to soaring prices. But this is about to change because new technology-oriented companies are looking at construction as a huge opportunity. We are also seeing contractors joining into larger groups. They are changing building and construction from a cyclical, lowtech, physically exhausting and unsafe industry to one reinventing itself and attracting new, innovative talent. Zero Error Stacking problems occur when small errors in structural components multiply over multiple floors. This leads to electrical, power and other services, such as heating and ventilating, no longer fitting the structure. That usually requires the deployment of highly skilled workers onsite, remodelling concrete with rock drills or making expensive and potentially problematic changes to mechanical services at the point of fitting. Statistical variation techniques, which have been standard practice in the automotive industry for 60 years, would solve the problem at a stroke. Unfortunately, construction industry investment in research and

development is among the lowest of any major industry. But when you start to innovate with technology to drive the use of standardised products and modularised processes, productivity gains are spectacular. 3D simulation technology has made significant inroads into architectural design and fabrication to excellent effect, but process modelling is virtually still non-existent. To increase efficiency, eliminate waste, and increase profit margins, companies in the construction industry, as well as governments, must invest in R&D. If they don’t, they should be prepared for extinction at the hands of more technologically sophisticated competitors from within or beyond the construction industry. Those that have invested achieve cost reductions and quality improvements that let their companies win contract after contract. New types of companies are building at 40% lower cost. Zero-error buildings are being made where the reduction of re-work is producing bigger profits for those involved. Clever Moves Attracting outside talent to newly structured construction enterprises gives them a much needed and valuable intellectual boost. The construction industry is being changed by a small number of very clever and enterprising people who

are transforming the industry by taking new approaches, even going beyond 3D simulation by implementing new technologies like 3D printing for construction. Unshackled by tradition and equipped with portable, powerful robust and unified platform technology, they are bringing the business into the 21st century. Construction industry players who don’t step up to the challenge of modernising their processes contribute to holding back the entire industry. The construction industry would do well to look at the legendary thinker and teacher W Edwards Deming, who made significant contributions to industrial science and practice. Deming proved that individual performance could only be improved by “elevating the entire system.” Using ideas from Newton, Adam Smith and, in the 20th century, Deming, and combining these with a single universally accessible business platform, the whole of Industry has been able to progress to its current advanced state. Generally, the construction industry did not follow the same enlightened path. Unless prompt action is undertaken, it will be surprised by new companies using advanced 3D simulation control and command technology that efficiently capitalises the massive economic opportunities that present themselves in this rapidly growing industry sector.

The Risks of Asbestos in a Fire Most people are aware of asbestos. It’s a nasty material, which can get into the circulatory system of anyone who comes into contact with it, where it will sit undetected for years before eventually causing a range of serious circulatory problems. However, it may not be known to some people that there are massive risks if asbestos comes into contact with fire. But what are these risks? The team at Acorn Analytical Services gave an opinion piece recently on the risks of fire and asbestos. Asbestos and Fire – what do you need to know? The biggest and most prominent risk surrounding fire and asbestos is structural integrity, which is at risk in older buildings. For those who were not aware, asbestos was once used as a building material due to being very durable and heat resistant, making it suitable for support beams and the main framework of a building. This makes it a risk when the fire inside a building reaches a sufficient temperature, as the asbestos will start to crumble and fail, which could lead to the collapse of the building when the structural integrity fails. However, this is only one of the major risks which asbestos creates when it is exposed to fire. The fibres from the material are toxic to humans and

can sit undetected inside a circulatory system for decades before becoming an issue, which is very difficult to try and treat. What you’re dealing with during a fire is, in essence, the toxicity from the smoke of the fire coupled with the fibres of asbestos, with a very real risk of extreme damage to the lungs. The fibres themselves are released when the fire dries up the asbestos, making it brittle and causing the material to break apart and drift into the air that you’re breathing in. The biggest concern will be for those who are trapped in the blaze for an extended period, but also those who venture inside the building to try and fight the fire itself. Firemen are at a very pronounced risk of inhaling the fibres from asbestos, as they’ll often need to go inside the burning building either to put out the fires or rescue someone

who is trapped, meaning they’re at risk time and again from asbestos. This is also further complicated by the extended period it takes for the asbestos itself to show signs of being present, with some people dying up to 15 years later from the fibres. In conclusion, there are many risks associated with fires and asbestos. The structural failings of an asbestos-infused building are cause enough for concern, and the danger is then magnified by the fact that there are extremely high chances that you’ll inhale the fibres with the smoke while you’re inside the burning building. The biggest risk is to the firemen, who do wear protective gear, but there’s still a high chance that they can be infected with the spores and ultimately develop problems later in their lives.

Codifying by Catastrophe, Again Wrightstyle has been raising issues of fire safety for years. Jane Embury, a Director of the company, adds her voice to the outrage surrounding the Grenfell Tower fire. It’s been called “codifying by catastrophe.” It’s the way in which fire and building regulations are tightened after every major fire. The Grenfell Tower fire will be no exception, with government ministers also now having to explain why fire and building regulations weren’t tightened sooner. At this stage, it would be wrong to point fingers of blame, although the implications of the Grenfell Tower fire have resounded around the country – and the world. Instead, I would like to pay tribute to William Linton, whose death in a tower block fire 18 years ago led directly to a change of fire regulations. He died in a fire in a 14-storey block of flats in Ayrshire, with the fire having spread via the external cladding, reaching the 12th floor within minutes, and destroying properties on nine floors. Four other people were injured. The local MP, Brian Donohoe, was sufficiently concerned about cladding safety that he lobbied for a Parliamentary inquiry, which was carried out by the Select Committee on Environment, Transport and Regional Affairs. The report found that most external cladding being used in the UK did not pose "a serious threat to life or property in the event of fire." However, it added: "Notwithstanding... we do not believe that it should take a serious fire in which many people are killed before all reasonable steps are taken towards minimising the risks." The MPs on the committee also concluded that any addition to the outside of a building which had the "potential to lessen its resistance to

external fire spread" should be subject to building regulations. Those words, of course, date back to the start of the 21st century. But compare Westminster words with the reaction of the Scottish Government. A Scottish Parliament Select Committee reported a year after the fire. This report led to the Building (Scotland) Act 2003, which introduced the Building (Scotland) Regulations 2004, which came into force in 2005. They state that: "Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, or from an external source, the spread of fire on the external walls of the building is inhibited." The word “inhibited” is vital to interpreting those regulations. Following the Grenfell Tower fire, the Scottish Government convened a Ministerial Working Group to examine building and fire safety regulations in Scotland although, crucially, it confirmed that the type of external cladding reportedly used on Grenfell Tower is not present on any residential tower block in Scotland. It seems to me preposterous that if Scotland codified by catastrophe after a fire in which only one person died, the Westminster Government did not consider a change in building regulations south of the Border. The catastrophic Grenfell Tower fire is a stark reminder that when fires break out, they can have appalling consequences. But what sets this fire apart, at least to me, is that it was a horrific event that may have been preventable if fire regulations in one part of the UK had been adopted across

the rest of the country. At this stage, of course, we shouldn’t speculate, but it does raise uncomfortable questions for the Government and all those charged with fire safety. In the immediate aftermath, and while I’m loath to add our voice to the swirling debate around this ghastly event, Wrightstyle has over the years repeatedly raised issues of fire safety – in the UK directly with government, and in other jurisdictions around the world, most notably in Abu Dhabi and Dubai. We therefore have a track history of asking uncomfortable questions because our experience, based on over 20 years in fire safety, is that, while there are relatively robust regulations in place, they are often badly understood or, sometimes, simply ignored. Another factor is that fire safety officials, in certifying new or refurbished buildings as safe, may simply have asked the wrong questions. In this case, what cladding and insulation had been fitted, and was it compliant? The answer, as we published in an article to the industry this year, is that we need better training, better documentation and better checking of documentation. There is little doubt that further guidance will be forthcoming following the Grenfell Tower fire. But maybe what’s required, and what many of us have been arguing for some time, is a complete overhaul of building and fire regulations. At the very least, the public will expect it, and the Grenfell Tower victims deserve it. To them, and to everyone affected, we extend our thoughts.

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