JANUARY 2018
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THE CHANGING WITHDRAWAL OF ADJUDICATION FACE OF PLANT 28 BUILDING A PLAN IN TIME FOR GDPR’S HIRE ARRIVAL 20 UNILATERAL
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WELCOME to the January edition of UK
WELCOME the December edition Construction to Excellence. of UK Construction Excellence. It has 2017 certainly held many ups and downs been a busy year for construction, in our sector, from stalling productivity from a turbulent economic and and the continuing housing crisis, to political backdrop, the industry has the breakthrough technologies and started tobeing steady itself,inwith the latest advances made digitisation, the figures from IHS/Markit PMI providing construction industry is not standing still. an optimistic end to 2017. This month we look at some of those In this month’s edition we look to the future and investigate the digitisation of construction; from virtual reality technology to robot bricklayers, and
breakthrough technologies, and the
their applications in the industry. benefits of both Virtual and Augmented Reality in new the industry. By using technologies, the construction industry can increase Late 2017 saw the launch of the National productivity and quality while Infrastructure and Construction Pipeline. reducing energy consumption, and we see which projects will be lowering costs and time pushed forward, withsaving £600Bn worth of through creating strong links between investment confirmed. designing and making. We take a Finally,inasdepth we creep to the22. advent of more lookcloser on page The skills shortage is a major concern for the industry, will technology help to address this? Or will sites become
21 26 London’s building Talking to Machines
GDPR, cyber security is at the forefront of
human-free? everyone’s mind. In this issue, we look at how businesses canat start to prepare We also take a look how to keeptheir data.site safe; from employee safety your and public safety through drug And, as always, we catch up with the latest testing, to CDM regulations and fire contract news, industry movers and our risks oncontributors, site. guest inside. And, as always, we catch up with the Victoria Maggiani latest contract news, industry movers and our guest contributors, inside. Victoria Maggiani
22 18 How combining AR and VRDigitising with cognitive construction technology can provide opportunities in manufacturing
26 32 Optimising The rise of Artificial collaborative working Intelligence in the in the construction construction industrysector
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
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£600BN RECORD INFRASTRUCTURE INVESTMENT CONFIRMED IN NATIONAL INFRASTRUCTURE PIPELINE 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. UKIS celebrates major ongoing and future infrastructure projects including HS2, Tideway and Crossrail. The latest National Infrastructure Pipeline has recently been released, confirming a record high of £600Bn in public and private investment into infrastructure. Over 720 projects and programmes across transport, housing and digital to fire up the nation’s infrastructure are featured within the pipeline, with around 20 new schemes added to the pipeline since March 2016, including the Oxford to Cambridge
Expressway. The opportunity is ripe for UK companies to grab a slice of the action. 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.
REGISTER FOR YOUR COMPLIMENTARY PLACE
PROJECT PARTNERS Organisers, BiP Solutions, have confirmed several major partners for the event, including the Infrastructure Projects Authority, HS2, & Thames Tideway. THE IPA works with Government and industry to ensure infrastructure and major projects are delivered efficiently and effectively, giving it exclusive insight into the sector. HS2, the high-speed railway, will provide high-speed connections across the country by 2033. HS2 will be a catalyst for growth across Britain, opening up local and regional markets, attracting investment and improving skills and job opportunities. TIDEWAY is the organisation delivering the Thames Tideway
LONDON OLYMPIA
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.
Tunnel, a 25Km sewer tunnel needed to prevent untreated sewage discharging into the tidal River Thames in London. The tunnel will not only improve the environment, ecology, public health, appearance and reputation of London, but it will also give a much-needed and immediate boost to the economy by offering thousands of skilled jobs and hundreds of apprenticeships CONSORTIUM PROCUREMENT is the national procurement service of the Northern Housing Consortium, providing a wide range of framework agreements covering compliance management, asset management, telecare and financial inclusion including insurance and electronic payments. We currently represent over 300 members who between them manage over three million social housing tenancies across the UK. KEYNOTE ARENA The Keynote Arena at the UKInfrastructure Show 2018 will showcase presentations from
MPIA • 20TH APRIL 2018
some of the organisations charged with setting the strategy of future infrastructure plans as well as some of the major projects currently underway across the UK. OPPORTUNITY AND TRAINING ZONES 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 UK’s leading projects, with details of supply chain opportunities. COMPETEFOR SUPPLY CHAIN ADVICE HUB 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 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. For early bird exhibition and sponsorship opportunities call the UK Infrastructure eam on 0845 270 7066 or email exhibitions@ ukinfrastructureshow.co.uk.
WWW.UKINFRASTRUCTURESHOW.CO.UK
NEWS
New £25M fund to deliver more homes A new fund aimed at tackling the housing crisis has been launched by Housing and Planning Minister Alok Sharma. The £25M fund will help local authorities deliver the high-quality, well-designed homes that this country needs, tackling the widespread housing crisis. The Planning Delivery Fund is designed to help ambitious local authorities, councils and third sector organisations deliver modern housing, and infrastructure, in areas of high housing need. Some £11M will be open for bids initially, and councils can apply for aid to help gain the skills or capacity they need to deliver high-quality housing growth at scale and pace, and implement wider planning reforms. The fund is also aimed at encouraging more innovation in the design quality of new housing developments, and can provide design advice and support to local authorities. The fund has been launched as part of the government’s plans to raise housing supply to 300,000 units per year on average by the mid-2020s, confirmed by Chancellor Philip Hammond in his Autumn budget. The fund is part of a package of measures that will help boost local authority planning capacity, support councils to take a proactive role in planning and encourage ambition and leadership in the delivery of new communities. Other measures include a further £3M which will support the delivery of 14 garden villages already part of the government’s programme, and a consultation on New Town Development Corporations which could speed up delivery of the garden towns. Mr Sharma said: “Locally led developments have enormous potential to deliver the scale and quality of housing growth that we need. By supporting our local authorities, we will be able to unlock more homes where people want to live. “These measures include £25M of government support that will not only help deliver high-quality, well-designed homes, but will also bring new jobs and facilities and a boost to local economies.” The 14 garden villages are: Long Marston, Oxfordshire Cotswold, Tresham, Culm, Welborne, West Carclaze, Dunton Hills, Spitalgate Heath, Halsnead, Longcross, Bailrigg, Infinity Garden Village, St Cuthbert’s and Handforth.
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Go-ahead for Boston Barrier Secretary of State Michael Gove has announced that plans for a flood defence scheme in Lincolnshire have been approved. The approval signals the go-ahead for the £100M scheme developed by the Environment Agency. The ‘Boston Barrier’ will provide better flood protection for some 14,000 properties in Lincolnshire at danger of tidal flooding. The barrier will be based on the River Witham, where a moveable gate will help control flow through a new control building, while new flood defences will be created on both banks, and a replacement gate will be brought to the entrance of the existing Port of Boston wet dock. The £100M scheme will make Boston one of the best protected areas from flooding outside of London. Proposals for the new defences came about from Boston’s long history of tidal flooding. Most recently in 2013, defences were breached by tidal surges and more than 800 properties were flooded across 55 streets. The green light was given by the Secretary of State for Environment, Food and Rural Affairs, Michael Gove, and HM Treasury, with the Transport and Works Act Order (TWAO) to grant powers to construct and operate the barrier approved. Work is set to begin in January. Environment Minister Thérèse Coffey said: “Not only is this fantastic news for the 14,000 home and business owners who will be better protected from flooding, Boston’s new stateof-the-art defences will help attract investment, benefiting the wider area. “This is just one of many flood schemes being built in Lincolnshire and we are investing £229M over six years to better protect communities across the county.” Emma Howard Boyd, Chair of the Environment Agency, commented: “The Boston Barrier scheme is an inspiring example of collaborative work between the Environment Agency, councils, businesses and the local community. “I am pleased that it will help to protect more than 14,000 homes and businesses from the kind of flooding the town experienced in December 2013. I look forward to the finished scheme.” Following approval for the scheme’s full business case from HM Treasury, the contract for the project has been awarded to the Bam Nuttall and Mott MacDonald joint venture (BMMJV). BMMJV Framework Director Allan Rogers said: “We are looking forward to delivering this innovative flood protection scheme. “We have a proven track record of success, having recently completed phase one of the Leeds Flood Alleviation Scheme.” The Boston Barrier scheme is just one of many flood defence improvement schemes underway across the country. The Environment Agency is investing some £2.5Bn in 1500 flood defences, helping to reduce risk to 300,000 homes by 2021.
Installation of London’s largest ever artwork Work was carried out late last year to install London’s largest ever artwork, displayed at Crossrail’s Paddington Elizabeth line station. The artwork, designed by critically acclaimed artist Spencer Finch, has been printed onto the glazed roof of the new Elizabeth line station, which reaches some 120m, making it one of the largest permanent artworks ever created in the capital. The first panes of glass were lowered into Paddington station at the end of November. The canopy itself appears to float above the platforms, 25m below ground. Construction has seen a steel grid developed that holds 220 bespoke glass panels, each one weighing over a tonne. Finch has hand-drawn 60 original pastels that combine to create a unique collage of clouds, that when printed onto the transparent canopy will appear to change according to the light, weather and time of day. The hand-drawn scene will be ‘painted’ onto 180 of the panels using ceramic dot matrix printing that not only creates the image, but also reduces solar glare into the station. Such a large artwork gives visitors different views and impressions, depending on what way they enter, leave or move through the station. Funded by Heathrow and the City of London Corporation, a number of major works of public art are being integrated into the new Elizabeth line stations as part of the Crossrail Art Programme – a line-wide exhibition designed to reflect the ambition of London’s newest railway and the
communities it serves. The artwork at Paddington was selected by the Crossrail Art Foundation supported by an advisory Round Table in collaboration with Lisson Gallery and station architects Weston Williamson.
An estimated 25M passengers a year are expected to use Paddington Elizabeth line station when services through central London begin in December 2018.
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NEWS
Unite urges construction industry to outline its training plans With the widening skills shortage of significant concern, Unite – Britain and Ireland’s biggest trade union – has urged the construction industry to address the thorny issue of training to avoid a potentially ‘calamitous’ Brexit. The Unite announcement coincided with a stark warning from the UK’s trade bodies regarding access to EU workers post-Brexit and the upshot for housebuilders countrywide. Those same trade bodies have now called upon the government to outline in full plans to implement a two-year grace period for EU citizens seeking settled status and for a post-transitional migration system that takes into account occupations where workers are in short supply. But Unite has said it is high time that the industry demonstrated that, rather than relying on cheap labour and exploitative working practices, it was committed to training home-grown talent through the provision of high-quality apprenticeship places. “The ongoing uncertainty over the rights of EU citizens to remain in the UK is resulting in workers leaving the UK and is exacerbating the deepening construction skills crisis and threatening to seriously damage the industry,” said Gail Cartmail, Assistant General Secretary of Unite. “But those trade bodies need to set out what they intend to do to kick their addiction to cheap, foreign labour and horrific employment practices, not just ask how they can go on relying on EU labour after March 2019. “Tens of thousands of young people are being placed in ‘dead end’ classroom-based construction courses and these courses totally dwarf the number of construction apprentices beginning their training. “This is at the same time that the Construction Industry Training Board plans to cease providing training directly and instead divest courses to other training providers. It is clear that the industry needs to get its house in order.” Ms Cartmail continued: “Unite is committed to fighting for the right of EU citizens already in the UK to remain, and for the establishment of safeguards that defend all workers against wage cutting, including ending the exploitation of migrant workers, and stronger collective bargaining rights.”
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Modernising the UK rail network Transport Secretary Chris Grayling has announced the government’s new strategic vision for rail, developed to guide operational plans and development into the future. The document sets out a vision for UK railways, including a new way of operating train and track that ends the operational divide between them, and changes to the franchising system. Proposals include commitments to expand the railway network, thereby boosting housing and economic growth, and delivering major passenger benefits – such as an improved compensation schemes. One of the major shakeups of the vision sees collaboration between track and train teams, making the railways more reliable and providing a more joined-up approach to network delivery. The reforms build on the Secretary of State’s speech to Policy Exchange in December 2016 and the recommendations of the McNulty and Shaw reports. By changing the rail franchise system, the vision aims to devolve infrastructure management to route-based businesses, ensuring the railway is equipped to meet future challenges, while also maintaining the railway infrastructure in public ownership. Mr Grayling said: “The last few years have seen massive growth on Britain’s railways. This industry has reversed decades of decline under British Rail, delivered new investment and new trains, and doubled the number of passengers. “But now we need to build on that success by building a new model for the 2020s and beyond, one more able to deal with the huge rise in passenger numbers and the challenges of an increasingly congested network. “Rail passengers deserve a more reliable, more efficient service – and I will deliver it by ending the one-size-fits-all approach of franchising and bringing closer together the 'best' of the public and private sector.” On top of the franchise revamp, the vision commits to restoring capacity lost under the Beeching and British Rail cuts of the 1960s and 1970s. New schemes that unlock new housing or economic growth and offer good value for money will be identified and pursued. One such scheme already approved is the reopening of the Oxford to Cambridge line. The vision also pledges to introduce digital rail across the country, developing new technologies that have the potential to reduce crowding and improve train punctuality for passengers. This includes funding to develop schemes on the Transpennine Route, on the South East Route and East London Line, and on the Moorgate Branch. It also reinforces the important role for freight on the rail network to support the British economy and environment.
BEFORE
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NEWS
Record infrastructure investment A new National Infrastructure and Construction Pipeline has been published, which confirms over £600Bn of private and public investment in UK infrastructure. Published by the government’s Infrastructure and Projects Authority (IPA), it comes hot on the heels of the Chancellor’s Autumn Statement in which he promised investment in infrastructure and construction skills through a £23Bn National Productivity Investment Fund (NPIF). Government investment is supporting some 40% of projects included in the pipeline, which is the largest and most comprehensive ever, with private finance making up more than half of the pipeline to 2020/21. The pipeline will help deliver important local projects across the country including transport, broadband, flood defence, and housing. Major projects featured in the pipeline include Thames Tideway Tunnel, the rollout of smart meters, and the upgrading of the A14. Through the pipeline, UK infrastructure investment is set to reach a record high. The investment fund includes infrastructure investments of over £2.6Bn to improve transport networks; a multimillion-pound package to accelerate the future of broadband, and £7.2Bn to support the construction of new homes. Over 720 projects and programmes across transport, housing and digital to fire up the nation’s infrastructure are featured within the pipeline, with around 20 new schemes added to the pipeline since
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March 2016, including the Oxford to Cambridge Expressway. Investing in better infrastructure is at the heart of the government’s ambitious plans to close the UK’s productivity gap, and the NPIF is designed to boost productivity in the long term. If the UK raised its productivity by one percentage point every year, within a decade it would add £240Bn to the size of the economy; £9,000 for every household in Britain. Chief Secretary to the Treasury, David Gauke, said: “This record infrastructure pipeline is set to make a real difference to people’s lives from quicker and easier journeys, to better broadband access, and building more homes for people who need them in high-demand areas. “It is clear proof that we are absolutely committed to ensure our infrastructure is fit for the future, which is at the heart of our ambitious plans to close the UK’s productivity gap and build a fair economy for everyone. “It builds on our strong record of delivering the modern infrastructure this country needs for the twentyfirst century.” Chief Executive of the Infrastructure and Projects Authority, Tony Meggs, commented: “Creating the IPA has enabled us to produce a more comprehensive pipeline. Having the visibility and certainty of a pipeline of construction and infrastructure investment allows industry to invest strategically for the market, not just tactically for the project.
“We will continue this comprehensive approach, working with industry to deliver the pipeline. “It is an important step in the IPA’s mission to deliver important infrastructure projects successfully, so we can raise people’s living standards, boost our productivity and grow our economy.” Alasdair Reisner, Chief Executive of the Civil Engineering Contractors Association (CECA), added: “If the UK infrastructure sector is to plan for the investment in skills and innovation that will be required to deliver world-class infrastructure in the coming years, it is vital that companies are able to strategically allocate funding on a basis of projected need. “The pipeline is a crucial tool that enables companies to plan ahead and deliver optimal outcomes for clients, taxpayers, and communities.” Nick Baveystock, Director General of the Institution of Civil Engineers (ICE), noted: “Infrastructure services enable balanced economic growth and thriving communities. “This updated National Infrastructure and Construction Pipeline sets out the value of infrastructure to the economy and provides long-term visibility to industry. “ICE welcomes the government’s commitment to infrastructure delivery and a more strategic approach to addressing the UK’s infrastructure needs.”
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NEWS
House buyers twice as likely to be ‘very satisfied’ with an SMEbuilt home
CIC welcomes sector deal The Construction Industry Council (CIC), has welcomed the construction sector deal, pledging full support to developing the ‘Procure for Better Value’ strand. The construction sector deal is the first sector deal to be announced by Business and Energy Secretary Greg Clark. This will see government and industry working together to support, invest in and transform the construction sector. A key strand of the strategy is Procure for Better Value – which will build a critical mass of clients and advisors equipped to use outcome-based procurement, thereby driving efficiency in capital programme delivery and lifetime performance. The Construction Leadership Council (CLC), which will lead the implementation of the Sector Deal, is now convening a crossindustry group to take forward this work. The first stages are to develop an industry-wide definition of value which takes into account more than capital cost, to produce a universal methodology for procurement using this definition of value and to promote common and consistent standards across industry. CIC, the over-arching body for the construction professions, will play a pivotal role in facilitating this
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work and embedding the Procure for Better Value approach in public procurement. CIC Chief Executive Graham Watts OBE said of the announcement: “The CIC is delighted to hear of the construction sector deal and warmly congratulates Andrew Wolstenholme and the CLC for this recognition and achievement. We look forward to facilitating the full support of the built environment professions, working together, through CIC, to help develop and achieve Procure for Better Value.” CIC Chairman Prof John Nolan added: “I am delighted that construction is the first sector deal to be announced by Business Minister Greg Clark and congratulate him and his team for understanding the strategic importance of the construction industry to the economic wellbeing of the country. “I am particularly delighted that, as a long-term critic of current procurement methods, Procure for Better Value is one of the key strands of the Construction Leadership Council’s implementation plan, as it can be argued that many of the systemic problems in our industry stem from a procurement process that conflates cost with value.”
Research conducted by the Federation of Master Builders (FMB), has revealed that house buyers are twice as likely to be ‘very satisfied’ with the quality of their new homes – provided they are built by a small or medium-sized (SME) house builder, that is. Satisfaction rates among house buyers who have purchased a home over the past five years show that twice as many homeowners (36%) are ‘very satisfied’ with the finish of their new property when purchased from an SME, in comparison to those whose home was built by one of the top 20 house builders (17%). According to Brian Berry, Chief Executive of the FMB: “There is a popular misconception that new build homes are poor quality compared to period properties that were built to last. Small local house builders, who hang their hat on delivering highquality new build homes, find this view immensely frustrating. “Our research shows that you are twice as likely to be ‘very satisfied’ with the quality of your new home if it was built by an SME house builder as opposed to one of the large top 20 firms. This research draws a clear distinction between what is being delivered by SMEs and what is being delivered by larger firms.” Mr Berry continued: “For a small, local builder, reputation is everything. They will typically reside in the same community that they’re building in and are therefore doubly motivated to deliver a high-quality product that the home buyer will love. Furthermore, SME building firms are more likely to work with a small team of broadly skilled tradespeople. For example, if an SME house builder only employs three bricklayers, they all need to have a wide range of skills and experience. Large house builders tend to use gangs of semi-skilled bricklayers who can lay row upon row of bricks in a line but only a handful of broadly skilled brickies who can turn corners, build chimneys and arches.” Mr Berry concluded: “If we are to improve the image of the house building sector, all house builders, large and small, need to put quality at the heart of every project. Not only will this make our industry more attractive to new entrants, including children and young people, it will soften planning committees to the prospect of new developments. We are in the midst of a serious housing crisis and in order to win people over and make them more pro-development, we need to deliver fantastic new homes that local people would be proud to have built in their community.”
2018 predictions – from cryptocurrency mining to ‘fileless’ attacks As cyber security becomes more prevalent in our minds, with the advent of GDPR and various high profile attacks, we speak to Travis Farral, Director of Security Strategy at Anomali about what 2018 holds for the cyber landscape from cryptocurrency mining to ‘fileless’ attacks. Widespread cryptocurrency mining Cryptocurrency mining will become one of the major monetisation avenues for attackers as more and more attacks and malware include mining functionality to generate revenue. In particular a focus will be on in-browser mining that will be the result of website attacks. A few simple lines of JavaScript can cause visiting browsers to ‘mine’ cryptocurrency while on the affected sites. This is occurring now, but isn't as widespread as it likely will be next year. An increase in DDoS attacks The return of mega DDoS attacks via Internet of Things (IoT) powered botnets is likely in 2018. These have been pretty silent compared to last year's attack against Dyn that took down many commonly used services but could come back in a more nefarious way. The next wave could potentially affect large swathes of internet services either by design or as collateral damage from another entity being hit due to the sheer size of the attack. The wide attack surface of IoT devices makes them particularly attractive for botnets and this will only get bigger with the amount of home automation products sold over Christmas. This malicious activity will be for political advantage as well as monetary gain, while ransomware and DDoS attacks are likely to become more targeted in the way that phishing evolved into spear phishing attacks.
Encouraging young talent into the industry The skills gap is definitely still holding the industry back. As cyber warfare increases, governments need to upskill the next generation of defenders. Figures around the cyber skills shortage make for sobering reading. A report from Frost & Sullivan and (ISC)² found that the global cyber security workforce will have more than 1.5M unfilled positions by 2020. Both private and state schools need strong cyber programmes and academies should look to develop cyber skills in children from disadvantaged backgrounds. This will hopefully prevent talented teenagers being sucked into the dark side. At the same time that industry struggles to recruit talent, university graduates are finding it hard to start their careers in cyber security. We need to improve opportunities for entry-level positions including internships, apprenticeships, more cyber classes in schools, and formal cyber programmes. This also requires a look beyond STEM as careers in threat intelligence can better suit analytical degrees, due to the need to be able to research, analyse and draw conclusions, which can give those holding such degrees the edge over those with a scientific mind-set. There are some bright new leaders in the industry that are focusing on education and engaging young talent in the industry and this has to continue. Stealthy ‘fileless’ attacks will increase There is likely to be a move towards more sophisticated ‘fileless’ attacks (malicious scripts that hijack legitimate software, without installing themselves). There has already been a sharp rise. Such attacks are very difficult to stop with existing endpoint security and organisations will need to move to the next generation of defences. The focus will likely be on other
industries outside of financial services. As the banks become more resilient in their ability to profile and learn from actors, less well-protected organisations could be targeted, as we have seen already with Forever 21 and the recent Jewson attacks in the UK. More integrated collaboration is required The likes of NSC and GCHQ are being effective in their limited remits and are busy disrupting many adversary groups. But they need to move faster and cannot be limited to cyber crime. There must also be a focus on state-sponsored, hacktivism and other sophisticated attacks, and levels of awareness and associated education should be increased concurrently. Such government groups cannot defend alone, and should collaborate more with organisations themselves, as well as private groups such as the Cyber Defence Alliance and FS-ISAC, and continue to drive closed and industry collaboration. Europe needs to catch up The US market is incredibly mature when it comes to intelligence strategies. Their understanding of intelligence, and how it can be leveraged and operationalised, is 18 months ahead of the UK and other European countries. Defence is critical, but it should be well understood that black boxes – no matter how complex – will not stop attacks. The UK and Europe need to focus less on doing ‘just enough’ for compliance. If you are implementing privilege account management protections, you need to cover everything, not just the devices that get you a tick in the box. Intelligence-led strategies are critical to identifying compromise and exposing ‘indicators of attack’. As any Red Team person will tell you, intelligence-driven incident response starts by learning from your adversaries.
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L AT E S T I N D U S T R Y C O M M E N T
CONTRACTORS AND CONCURRENT DELAY – THINK BEFORE YOU SIGN…
If you have read the judgement in North Midland Building Ltd v Cyden Homes Ltd [2017] EWHC 2414 (TCC) you will understand why I and many of my industry colleagues are a little worried about the impact this case will have on our industry. Am I being melodramatic? Is this case really that important to the construction industry? I think it is. Let me illustrate what I am referring to by explaining what this case is all about.
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In September 2009, North Midland Building Ltd (“North Midland”) and Cyden Homes Ltd (“Cyden”) entered into a building contract incorporating the JCT Design and Build Contract (2005 Edition) with a bespoke schedule of amendments (“the Contract”). The Contract involved the construction of a very large house, barns and associated works in Lincolnshire. It is clear that the project ran into many problems on site and delays were suffered as a consequence. Some of these delays were events for which, under “normal” circumstances, North Midland would have been entitled to receive an extension of time and relief from the payment of liquidated damages. I say normal circumstances because the bespoke amendments to the Contract I refer to above contained two alterations to the extension of time provisions of the JCT provisions which would prove to have, some would say (and I am one of those people) unfair consequences. The first amendment required the Contractor to make “reasonable and proper efforts to mitigate“ to overcome any delay which Cyden was responsible for. I don’t have any quarrel with this first amendment. It is, I consider, simply an express provision which many would argue would be an implied provision in any event. The second amendment though, made to redistribute the allocation of risk in cases of concurrent delay, is a completely different matter and provided that “any delay caused by a Relevant Event which is concurrent with another delay for which the Contractor is responsible shall not be taken into account” in assessing extensions of time. It is clear that North Midland realised, probably too late in the day, that this second amendment would deny North Midland an extension of time where there was clearly a delaying event(s) for which Cyden was responsible simply because North Midland was suffering from delaying events, for which it was responsible, at the same time. North Midland decided to seek clarification from the courts on the effects of these amendments and in a Part 8 claim sought a declaration that: (i) the amendments made time at large where there was a cause of delay for which North Midland was responsible which was concurrent with another delay for which Cyden was responsible; and (ii) that therefore, North Midland’s obligation was to complete the works within a reasonable time with any liquidated damages provisions becoming void. North Midland’s case relied heavily on the “prevention principle“ which states that no party can require another party to comply with a contractual obligation in circumstances where that party has itself prevented such compliance. So, if an Employer prevents a Contractor from carrying out works on time and in accordance with the timeframes in the contract then the Employer cannot insist that the Contractor meets the original completion date. Furthermore, if there is an act of prevention by the employer and there is no mechanism to extend time for completion in
such circumstances then time would be “at large“, the contractor would only be obligated to complete the works within a reasonable time and any liquidated damages would not apply. North Midland argued that because the contract amendments provided that no extension of time could be made in a period of concurrent delay, this meant that time for completion could not be extended, even in circumstances of Cyden’s acts of prevention, and that as a result the prevention principle applied, causing time to become at large. The judgement The court upheld the amendments made to the extension of time provisions by Cyden and disallowed North Midland’s claim for an extension of time. Although North Midland was allowed a partial extension of time (due to delays caused by weather), North Midland was not awarded the remainder of the extension of time since these delays were caused by Relevant Events which were concurrent with delays for which North Midland was culpable. The court maintained that the concurrent delay provisions in the Contract expressly disallowed North Midland’s claim for an extension of time, that the wording in the Contract was “crystal clear“ and that no interpretation of the meaning of such provisions was necessary. In addition, as the definition of Relevant Events included any act of prevention by Cyden, this supported the view that parties had agreed how acts of prevention were to be taken into account. In reaching his decision, the Honourable Mr Justice Fraser considered the prevention principle, relied upon by North Midland, finding that the prevention principle could not arise where the acts of Cyden did not actually prevent completion because of North Midland’s own concurrent delays. The judgement referred to the cases of Adyard Abu Dhabi v SD Marine Services [2011] EWHC 848 (Comm) and Jerram Falkus Construction Ltd v Fenice Investments Inc [2011] EWHC 1935 (TCC) to comment that the prevention principle does not apply in cases of concurrent delay since “if there were two concurrent causes of delay, one which was the contractor’s responsibility, and one which was said to trigger the prevention principle, the principle would not in fact be triggered because the contractor could not show that the employer’s conduct made it impossible for him to complete within the stipulated time. The existence of a delay for which the contractor is responsible, covering the same period of delay which was caused by an act of prevention, would mean that the employer had not prevented actual completion“. Finally, the court dismissed North Midland’s argument that its liability for liquidated damages fell away where there was an act of prevention. The court agreed that there was no authority to support North Midland’s argument that if the Contract specified how to deal with extensions of time in such circumstances, then this could void any liquidated damages. The court stated that the parties had made “a
considerable number of amendments“ to the JCT Design and Build Contract but only minor amendments to the standard clauses dealing with the payment and allowance of liquidated damages. Summary This is clearly an important judgement as it confirms that parties are free to decide how to allocate the risk for concurrent delay in contracts. It also follows on from a line of recent cases where there appears to be a leaning towards relying on a literal interpretation of contract provisions. The decision also provides contract amendments which have now been judicially approved. No doubt lawyers acting for Employers up and down the country will be rushing to include these amendments in their Contracts. BUT, before Employers and their lawyers get too excited, I understand that North Midland has just been given permission to appeal the judgement so this may not be the last word on the subject. Watch this space. The Court of Appeal may prove to have a very different take on the effects of these amendments. Only time will tell.
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.
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F E AT U R E
The changing face of plant hire
Brian Jones, President of the Construction Plant-hire Association (CPA
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At the Construction Plant-hire Association (CPA) Annual General Meeting in October, Brian Jones was elected as President of the Association for the next five years. Brian had served as Chairman for six years, and his new role will enable him to work alongside the new Chairman Steve Cormack, Chief Executive Colin Wood and the Council to shape and ensure the continuing success of the CPA. Upon his appointment, Brian said: "CPA is the UK's leading trade association in this sector, and my first task as President will be to help prepare the Association for the next phase in its development. Our Chief Executive Colin Wood has made a decision to step down from the position at the end of the first quarter of 2018, and we will begin the process of recruiting a new Chief Executive immediately. We intend to build on the excellent work that has been done by Colin and his team, and to continue to support our members and the plant
hire sector to face the challenges that lie ahead." Established some 75 years ago, the CPA has over 1,600 members, with premises in the City of London, and a permanent staff of experienced employees. The Association is governed by a Council of Members, who represent plant hire companies of all types and sizes throughout the country. The UK plant hire industry is the best established and most professional in the world, and is worth over ÂŁ4Bn to the UK economy. The Construction Plant-hire Association (CPA) is the leading trade association for this sector in the UK and CPA Members supply 85% of hired plant to the construction industry. The CPA publishes a wide range of guidance documents for members, as well as advising on training, health and safety, and employment, lobbying government and associations, and supporting UK plant businesses. We spoke to Brian about his ambitions
for the Association and what he hopes to achieve during his time in charge. . What path led you to the CPA? I began my career in 1970 in Plant Hire as a Hire Desk Clerk. My career spanned 40 years working for one company, Hewden Stuart plc, where I held a number of positions including National Sales Manager, Business Development Manager & Head of New Business. I now run my own consultancy business. I was elected to the National Council of CPA back in 1990 and to the position of chair in 2011. I have also been involved with the European Plant Association.
common amongst influencers – parents, teachers, careers advisers, etc • Work in construction is seen as a job, not a career • Potential candidates are seen as not work-ready – they lack ability to practically apply what skills they have • Many employers don’t have the knowledge, confidence or resources to support an ‘improver’ / apprentice
What are you hoping to achieve in your role? My initial role is to ensure that continuity and consistency are retained and the progress that the Association has made over the years is maintained, especially in producing Best Practice Guides which the whole of the industry looks to for excellence guidance. We will also be looking to replace our current CEO who, after a long time in our industry, has decided to step down in 2018.
There is an important role for CITB to take, to support development of recruitment programmes in each sector – including plant hire – that are tailored and relevant to the sector. This is important to get employers’ support. CITB and industry need to work together to set up an entry, training and development pathway for new entrants. This includes support for employers to recruit and nurture entrants. There also needs to be support for contractors so that newcomers can gain work experience safely and effectively. Government needs to reduce the administrative difficulties that employers face when they try to develop new apprenticeships. The Institute for Apprenticeships is seen as an impediment, not as a facilitator.
What are the main problems facing your sector and how can the government/industry support you? Our research shows employment is a key challenge for plant hire companies. Around 40% of CPA Members say recruitment is very difficult or fairly difficult. Around 25% have had hard-to-fill vacancies in the last year. Problems include: • Construction is seen as unattractive: dirty, boring, male-dominated etc, • Negative perceptions are also
What are your views on Brexit for the industry? What can we do to mitigate these problems? Brexit is creating economic uncertainty for the economy as a whole, and plant hire is no different. No direct intervention by plant hire companies or associated sectors is likely to change this. However, other pressures on this sector can be mitigated – here are two examples: • Clients and contractors need to be realistic about demanding improved
machine specifications, without allowing time for contract prices to reflect this, and for plant owners to justify the risk and/or investment. Clients should specify the desired outcome, and then allow plant hire companies and contractors to work together to find the most economical and productive way of achieving this. Plant hire companies have the expertise on machine specification, performance and economics so they should be the first point of reference for any discussion on change in outcomes • Manufacturers need to be willing to release engine diagnostic information and fault codes, to allow owners to assess the most economical route to repair and maintenance. Return to manufacturer can lead to high cost and loss of utilisation and is not technically necessary in many cases. You must have seen great change over your time in the industry. What emerging technologies are being embraced and how do you see the industry changing? The combination of GPS, drones and 3D mapping, BIM and machine control technologies is becoming increasingly mainstream – it can significantly reduce waste, and allow far greater efficiency of production. Virtual reality and simulators have a role in candidate selection and training. But their usage will remain limited, as many of the behavioural characteristics required of plant operators and engineers are based around human interface and uncertainty.
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F E AT U R E
Unilateral withdrawal of adjudication Mark James, Partner – Dispute Resolution, Coffin Mew Solicitors Can a party who has commenced adjudication proceedings later unilaterally withdraw them and commence a further adjudication in respect of the same, or substantially the same, case? This question was answered in the recent case of Jacobs UK Ltd v Skanska Construction UK Ltd [2017] EWHC 2395 (TCC). In Jacobs v Skanska the parties agreed to refer their dispute to adjudication. The timetable that would apply to the process was agreed through correspondence. Jacobs claimed that it incurred substantial costs in responding to Skanska’s adjudication. Before the deadline set on Skanska to serve a reply, it claimed its counsel became unavailable and requested an extension of time. This was rejected by the adjudicator and Skanska therefore proceeded to withdraw its reference to adjudication. About two months later Skanska served a fresh notice of intention, to refer the dispute to adjudication. Broadly speaking the claim was the same, with the methodology and quantum of the damages slightly revised. Skanska was in effect restarting the process of adjudication despite failing to meet the previous deadlines, leading to the withdrawal of its first adjudication. Jacobs made a court application to prevent the second adjudication, asserting that Skanska was acting unlawfully by first withdrawing and then starting another adjudication over principally the same issues. Jacobs asserted that it had a right to a process which was fair to both parties and did not give one party any advantage over the other, arguing that Skanska’s behaviour was clearly an abuse of process, as the parties had previously agreed a timetable.
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Attempting to defeat this line of reason, Skanska stated that the parties to adjudication are free to gain any advantage they can and that withdrawing and restarting the adjudication was not an abuse of process. Skanska argued that the right of the referring party to start adjudication at any time under the Construction Act and adjudication scheme allowed it to withdraw and begin adjudications in respect of the same dispute. The decision of Mrs Justice O’Farrell confirmed that a party to adjudication is free to unilaterally withdraw a dispute and later advance a further adjudication over substantially the same dispute. The decision had a legal basis; in Carillion Construction Ltd Jackson J stated that “…there is no express or implied restriction in the 1996 Act or the Scheme that precludes a party from withdrawing a disputed claim which has been referred to adjudication”. Additionally, Dyson LJ in Connex South Eastern Ltd stated that “...the principle of abuse of process does not apply to adjudication”. However, this does not mean the court will never prevent a party from pursuing adjudication. Section 37 of the Senior Courts Act 1981 allows the High Court to grant an injunction where it is just and equitable to do so. Mrs Justice O’Farrell confirmed that the key test was whether Skanska’s behaviour was ‘unreasonable and oppressive’. It was held that the withdrawal by Skanska was unreasonable, Mrs Justice O’Farrell stating in her judgment that “the unavailability of counsel is rarely a
good excuse for failing to meet an agreed timetable, especially where the party in default is the referring party who controls the timing and scope of the reference”. However, Jacobs had to also show it was ‘oppressive’ and the court held that it was not. Jacobs’ arguments in the second adjudication would largely be similar to the first, so the inconvenience and added costs were deemed not so severe as to warrant injunctive relief. Jacobs was, however, awarded wasted costs caused by Skanska's failure to comply with the agreement between the parties. In conclusion, a referring party can unilaterally withdraw and start a subsequent adjudication. The adjudication scheme does not prevent this. As long as their actions are not unreasonable and oppressive, the court is unlikely to provide injunctive relief. It is not without risk though; the court will look into the reasons for it and there may be costs consequences where the reason for this is a failure to adhere to an agreed timetable. Parties should also take note of the comments of Mrs Justice O’Farrell, that “subjecting a party to serial adjudications in respect of the same claim and requiring it to incur irrecoverable costs could amount to unreasonable and oppressive behaviour”. Each case will be decided on its merits.
F E AT U R E
London’s building
Reactions to Sadiq Khan's London Housing Strategy Philip Breese, Senior Partner at Weston Williamson and Partners, discusses the plans to address London’s housing crisis, and the Mayor’s strategy to deal with the problem. Near my home in South East London I pass three modest land parcels every morning and evening. These parcels are adjacent to railway infrastructure and on each passing I feel a sense of responsibility to unlock them for small-scale housing. Why? Because development would contribute to housing supply, builders would get work, and the community would benefit with well-designed buildings to replace the overgrown fenced off land. The reason they are fenced is they provide important maintenance access to the railway to keep London moving. But only the gate, a small path, and steps are used for this so this need shouldn’t now be holding back the potential development of these pocket plots. It is therefore encouraging to see a particular emphasis in the Mayor’s Draft London Housing Strategy to bring forward and help facilitate house building on sites like these, peppered along our railway corridors or adjacent to other public assets. The draft strategy is a hefty document, perhaps a reflection of the level of fix required for London’s housing need. It emphasises the diversity of issues the capital faces, which are wide-ranging: land supply, affordability, homelessness and skills as a start. Attempting some quick wins to get things moving as well as structuring a pathway for long-term resolution is ambitious but necessary after years of deprioritisation and stagnation. But this is the scale of the task. Supported by his Deputy, James Murray, who has been everywhere over the last year gathering allies and intelligence, the Mayor’s term is surely more about resetting the strategic direction with a robust plan
that can be carried forward through policy and, critically, provide a backbone for future Mayoral terms. In 2015 Weston Williamson and Partners suggested in an essay celebrating their 30th anniversary that “with housing integral to the goal of a cohesive society, there is no reason why high quality public housing and bolder delivery targets cannot be both valued and achieved once more. All that is needed is the political will to make it happen.” The political will is now finally emerging out of necessity but remains reliant on central government funding to make a real difference. The Prime Minister’s recent Conservative Party conference announcement of a further £2Bn for the affordable housing programme is welcome but the reported 25,000 homes for affordable rent this will supply is a drop in the ocean, particularly when proportioned down to London. In recent weeks, while promoting the Draft Strategy, James Murray has stated ‘80% of new housing in London is affordable to just 8% of Londoners’. The ambitious strategic 50% threshold for affordable homes on public land will be challenging, particularly on more complex sites attached to transport infrastructure. We are likely to see more linking up with donor sites for affordable housing provision elsewhere in boroughs where sales values have a lower price point and ensuring maximum land receipts can be extracted from the complex transport sites. Land values are not about to nosedive so private developers and housing associations will need to develop innovative solutions to meet the 35% affordable provision threshold. Lack of affordability is resulting in a generation shift from home ownership as default for middle incomers to a predominantly private renting demographic. The draft policy encourages
diversification in the Private Rental Sector (PRS) with variety of different tenure models a living experiences providing better choice for Londoners with a new growth stream of homes. It has been estimated against current growth projections that by 2025 PRS will for the first time shift the balance away from owner occupied properties. The inaccessibility of land and limited opportunities to purchase particularly smaller plots have arguably been significant contributors to the decline in house building. The Small Sites, Small Builders initiative will incentivise new players in the market but only if the Greater London Authority (GLA) can actively support the public landowners to release sites. Gestures such as helping with ‘a full set of surveys to help reduce risk’ is welcome but is perhaps small fry. Incentivising small-scale developers and builders to take forward and purchase publicly owned sites will need a significant reduction in red tape and process smoothing to ensure they become attractive and viable house building opportunities. The Draft Strategy is far-reaching, which is both welcome and encouraging but as yet untested as the GLA builds its internal teams to action the initiatives. Its success will ultimately be judged by the number of sites that begin to come forward and the number and quality of homes that get built. To this end it is encouraging to see one of the three parcels of land on my journey to and from work now under development, making a contribution to the homes we so urgently need to build. Hopefully, development of the other two will now be kick-started by some of the new policies set out in the Mayor’s Housing Strategy before Sadiq Khan’s current term ends in spring 2020.
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How combining AR and VR with cognitive technology can provide opportunities in manufacturing We speak to Mark Armstrong, VP and MD at Progress. Digi Capital claims that not only the single phenomenon, but the double act of Virtual Reality (VR) and Augmented Reality (AR), will raise approximately $150Bn of revenue by the year 2020. With less than three years to go until that predicted date, businesses working in construction and manufacturing must consider how existing cognitive technology can provide solid grounding to integrate VR and AR technologies. Maintaining the Unpredictable The concept of cognitive technology has existed for decades, regardless of the misconception that it is a modern day buzz trend. In the marketing industry for example, data has been consistently analysed in order to target and engage specific customers. As an extension, predictive maintenance helps to provide a process in which software can interrogate, interpret and use data to identify when repairs or faults may be needed to save time and cut costs for businesses. These analytics promise the capture of crucial and often hidden data in real time. Combined with existing data from visual inspections, asset availability and service levels, the manufacturing industry can be aided effectively. A notable example demonstrating its functionality would be the fitting of an irrigation system on a construction site. Whilst working on fitting water pipes into a new building, the installation of software can monitor and alert builders to any problems that may arise and help to prevent avoidable malfunctions such as leakages and flow blockage. In the long run, this is effective in preventing untimely delays resulting in lost time and effort, as well as financial implications. Visual guidance and interactivity With the UK ranked as the world’s ninth largest manufacturing nation, it is essential for individuals and companies in the industry to adopt the latest technologies in order to continue to
grow and maintain quality output. Manufacturers prepared to stand out from the competition and embrace innovation, particularly those adopting predictive maintenance, must integrate AR and VR into their manufacturing processes to stay ahead of the game. Providing a visual platform to aid professionals and bring an interactive approach to manufacturing, AR and VR can provide opportunities to drive personal growth and innovation in the sector. In the manufacturing process, the use of predictive maintenance and AR can work hand in hand. The former would identify issues that have arisen in the manufacturing process whilst the latter would allow another connected device, such as a mobile phone or tablet, to provide a visual representation of what the issue is, why it has happened and what solutions can be implemented. AR provides a platform that superimposes a computer-generated image on a user's view of the real world. This could identify on a screen where a specific fault in a lighting, water or gas system is located, reducing time, effort and costs upon initial diagnosis and consequent management. Complementary to this, VR provides another layered dimension by allowing a user to perceptually integrate into an otherwise inaccessible environment. Through wearing mainstream headsets or an appropriately assimilated device, users can guide themselves through the cloned environment in real time with a magnified lens. Interactivity can enhance the depth and perception of their overall experience, as well as providing a stronger foundation of knowledge and understanding of the key figures within manufacturing. Training and on-the-go monitoring With that in mind, AR, VR and predictive maintenance may have the potential to form a technological powerhouse for training and onthe-go monitoring purposes. It is often considered that there is a lack of investment into the research and
development aspects of manufacturing. However, technologies such as AR and VR can act as an extension to integrate into the busy lives that trainees and seasoned professionals are accustomed to. VR can provide a physiologically secure, flexible and private environment for a professional to experiment with and design experiences for a range of purposes. For example, a trainee graduate entering the industry would be unqualified and inexperienced to work closely with sophisticated equipment in hazardous surroundings. By trialling a variety of skills in different contexts, the use of VR can benefit the developing workforce, combat an ageing population and continue to evolve a new generation of manufacturers who will deliver highquality service. AR can support this function too, allowing frequent travellers in global manufacturing companies and those unable to physically attend their workplace due to extraneous circumstances to provide value remotely. AR can expand on VR’s offering by propelling live imagery over current surroundings. This would create an on-the-go method of continual learning and development for manufacturers, as well as providing another dimension to the industry’s processes. The future of manufacturing The current landscape of VR and AR scopes further than using the technology for gaming purposes or for a novelty social media post. In fact, the consumer angle of these extensions of our reality should be seen as key tools that enhance knowledge and skills whilst simultaneously increasing productivity across key industries. By providing transparency, security and education, this combination of modern day technologies will continue to adapt and evolve, helping businesses innovate in the long term.
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Reinforcement clash detection
Carriageway and earthworks modelling
Highway design and BIM modelling solutions
Cassidy Forsythe are experts in the 3d modelling of highway schemes to the BIM protocols. We can provide a 3d model of your design or we can design your scheme for you to DMRB standards or your adopted standards. We have extensive experience in the design of highway schemes, including feasibility studies, preliminary and detailed design, contract preparation and construction supervision. We can create 3d models for you which comply with the BIM principles. These models will show all 3d elements, such as pavement layers and street furniture, allowing quantities to be extracted directly from the model and 4d schedule simulation to be carried out. The models created will capture the design intent and will facilitate clash detection. The models will also feature elements which are capable of being attributed with information for asset management purposes, which is a key requirement of BIM level 3.
Are you still designing the same way as you did in the eighties ? Are you still using a computer like this to do your highway design ? No – of course not – it’s antiquated and not up to the job. So why do your highway designers still want to design using software which was created around the same time ? Why do your designers want to write input files which were designed to run on computers like the one shown ?
In the early eighties, the industry standard software programme for highway design was called MOSS. MOSS was written using Fortran and BIM wasn’t even a dream. To use MOSS you had to write an input file, run it and then come back tomorrow to see if it had worked. Unfortunately, many highway designers have held on to this way of working and won’t move on. One of the problems with 3d models created using this way of working is that it isn’t suitable for BIM and isn’t BIM compliant in any way. One of the basic ideas of BIM is that you can attribute data to the elements you design, so that the information can be harvested at a later date. This is impossible with a 3d model created using MX (formerly MOSS). Bentley Systems, who are the current owners of MX, realised this and have completely rewritten the software using modern computer language and called the new package Openroads. Models created using the Openroads technology allows elements to be attributed with data which can be harvested at a later date. Openroads also remembers your design information and retains on the drawing for design checking purposes. The latest version of the software is called the Openroads Designer Connect Edition and does not include the ability to create input files. Bentley have eventually removed the link to the past and produced a modern software package which is fit for purpose. A 3d string model created using input files A 3d model created using Openroads So, you may have designers who are very proficient in creating highway designs to DMRB standards however they need to be retrained to use the latest software and this is where we come in. We can train your Engineers to use the latest software and create BIM compliant models. We can come to your offices or you can come to our offices in Newcastle.
Call now on 0800 061 4594 for an informal discussion or email info@cassidyforsythe.com
F E AT U R E
Optimising collaborative working in the construction industry By Ian Conway, Director of refurbishment and fit out specialists ITC Concepts The construction industry is notoriously fragmented. Relationships between the client, design team, engineers, consultants, contractors, subcontractors and operatives can have a massive impact on the success of a project. However, fraught relationships mean that the industry sees its fair share of underperformance and waste, while a lack of communication can result in extra expense, and innovation being lost as ideas travel down the pipeline. When the project is handed over from the design team to engineers, to contractors and subcontractors, a direct chain of information is created. A single weak link – poor communication or relationship between two teams – can disrupt the integrity of the project. A lack of communication, stemming from the absence of shared principles and interests, results in wastage, mistakes, and conflict as certain parties inevitably feel undermined. Collaborative working seems to be the new buzz word in the industry, but what are organisations really doing to address the situation? We can clearly see that the ‘norm’ is just not good enough; that the current way of working has led to a blame culture between disciplines and average performance across the board. Greater emphasis on collaborative working seems to be the obvious answer. Yet, the impression remains within the industry that collaboration will be expensive and time consuming. As a main contractor, we consider ourselves to be in an integral position to champion collaborative working, to encourage two-way communication between all parties involved in a project.
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It is in the best interests of all the teams involved to collaborate, to make sure that their priorities are shared by all the other teams working on the project. With advances in technology, it is also getting easier and more practical to introduce collaboration into industry practices. Throughout ITC’s history, we have tried to develop a collaborative culture, both internally with our staff teams, and by building good working relationships with professional teams and our supply chain. One way to improve relationships and establish priorities is to involve all the relevant teams from the get-go. Setting up distinct lines of communication and authority from the off will promote collaboration, as will establishing protocols for sharing information and standards. Creating benchmarks, giving feedback and target setting throughout the project also helps teams to bear in mind the agreed standards for the project. At ITC, we have found that sites work best when everyone on them is looking out for each other, regardless of whether they are our operatives or subcontractors. We believe two-way communication helps to create a positive working environment and have systems in place to facilitate this. Many of the steps that need to be taken are about changing attitudes and encouraging relationships, including simple initiatives like team meetings and workshops. It is beneficial for all the teams involved if the environment that is created is one of learning and sharing information. Actions such as holding regular collaborative working workshops with subcontractors can help foster the idea of collaboration and result in a very positive impact on site.
Innovations in technology has made collaboration so much easier. The introduction of email was groundbreaking at the time. Today, project management systems that can be updated in real time and prevent information silos and BIM modelling are paving the way for even better communication flow. Recent developments in technology have allowed companies such as ours to introduce a mobile quality management app to site, allowing operatives and subcontractors to monitor and manage snagging in a cohesive and efficient way. Most of all collaborative working requires all teams to be willing; the best way to encourage this is to change the perception of collaborative working within the industry. More industry leaders need to demonstrate their faith in collaborative working, and implement it in their projects. At ITC, we see collaboration as the future of the construction industry. It is ingrained in our management system. Time and time again we have seen the benefits of clear communication, using technology to work collaboratively, and encouraging operatives to look after each other on site. For us collaborative working has meant safer sites, more effective problemsolving and a better relationship with clients and subcontractors. Collaborative working means working smarter, not harder.
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With the General Data Protection Regulation (GDPR) just around the corner, businesses must begin preparing for changes early to avoid any punishment for non-compliance, according to Paula Tighe, Information Governance Director at leading law firm Wright Hassall. It is crucial that organisations take the time to fully comprehend the new regulation, and the legal obligations that come with it. Companies must achieve compliance by the time it arrives in May – failure to do so could result in serious, costly legal action. If your data is used, processed or recorded within the EU, you must comply with GDPR – the UK’s decision to leave the EU has no bearing on this ruling. Raise awareness and register it Firstly, recording the compliance process is a very effective way of protecting your organisation from claims that you made no effort to meet the regulation. Also known as the ‘Data Register’, this record will show all the data you currently hold, your reason for processing it and how it will be used. GDPR requires that effective procedures and processes are in place to allow individuals easier access to their personal data. Compliance aims to improve standards by asking why you currently do what you do – it does not aim to obstruct or prevent you from doing things. Make sure you review how you search for, capture and record personal data – improving the effectiveness of processes where possible. Also review your existing digital and hard copy format privacy notices and policies. Are they concise, written in clear language, easy to understand and easily found? It is important that you can clearly communicate these notices and policies to individuals – explaining how their data will be used, and showing them how they can lodge a formal complaint to the Information Commissioner’s Office if they are dissatisfied. Rights of the individual After the arrival of GDPR, individuals will enjoy greater control over their personal data, which includes the right to request that it is edited or deleted at any time. Therefore it is your responsibility to ensure the appropriate procedures are in place to deal efficiently with any such request. Perhaps one of the key drivers for the changes is the right for an individual to prevent their data being used for direct marketing purposes, together with the right to challenge and prevent automated decision-making and profiling. Adopting transparent procedures is one of the most effective ways to protect your organisation, and it will mitigate any future problems with the regulator. If your company already handles data carefully under current laws, then the switch to GDPR should not be a cause for concern. You must comply within a month when an individual makes a subject access request to see what information you have about them. If you think the request has
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Building a plan in time for GDPR’s arrival no merit, you can refuse, but you must tell them why and how they can complain to the regulator. Never assume consent Handling consent for the capture and use of personal data for more than just contact is a tricky area. You must obtain clear consent from the individual before using their personal data, and secure separate consent if you plan to use the data differently from what was first agreed. How you attempt to obtain or confirm consent will help mitigate any future problems at the hands of the regulator. Keep reviewing and keep recording Where data processing could pose a significant risk to individuals because of the technology being used, or the scale of the processing, you should undertake a Privacy Impact Assessment (PIA). These assessments will help you and the regulator decide the likely effects on the individual if their data is lost or stolen and should form part of your ongoing processes. Ensure you have a robust process for making the assessments and
then record it, along with the outcome. Make someone responsible and keep it up If your organisation deals with personal data on a large scale, then it may be worth considering the recruitment of a dedicated Data Protection Officer, who can oversee procedures and ensure your organisation achieves compliance in time for GDPR’s arrival. It’s not just electronically held data that can pose a problem; you also need to consider written records, which are also covered by the regulations – ensure all your staff are trained on the correct handling of personal data. Record how you handle each step of the process in your Data Register. In the event of a complaint or a data breach, it will be those organisations unable to demonstrate what they did to assess risk and mitigate it that will suffer. Organisations that can prove they have made an effort to comply, even if they are not fully compliant with every aspect of the GDPR from the word go, will do better.
Mixed Reality for Architecture, Engineering, and Construction What is Mixed Reality? Mixed Reality spans the purely virtual and purely real environments. In the context of the building industry and BIM modelling, this is the phase in which digital and real content co-exist, where architectural design collides with reality, and where construction teams transform digital content into physical objects. It helps users efficiently interpret physical and digital information, and the spatial relations between them. In today’s practice, the interpretation of digital content and its translation to real-world objects heavily depend on the user’s spatial understanding. This is an error-prone process and demands a highly skilled workforce. Interpretation errors are common during the design and construction stages, and often result in poor quality, cost overruns, and schedule delays. Visualising digital content as holograms in the context of the physical world bridges the gap between virtual and real, and eliminates inefficiencies in the current workflow. In addition, while our physical world is finite, Mixed Reality presents the opportunity for an infinite environment in which additional data such as schedule, specs, and simulation can be overlaid onto the world, creating a hyper-reality environment. How Mixed Reality Supports Integration and Collaboration Today’s AEC industry needs to improve communication and facilitate the
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integration of business workflows. Serious inefficiencies are still present in the silo structure and the need to re-create data when moving from one stage to the other. Project delivery methods like IPD and technology changes like 3D BIM modelling services support this trend, improving project quality, cost and schedule. Mixed Reality technology supports integration and collaboration along three main axes: The Project Stage Axis: Design to Build (and Operate): Moving along this axis, Mixed Reality brings 3D data to life and puts information in the user’s hands without the need to change or adjust the data format. A sign-off 3D BIM model can be projected in context to guide construction teams on-site, and later, by facility management teams when evaluating required changes or maintenance work. The Digital to Physical Axis: Holographic display is not limited to 3D models. In fact, using Microsoft HoloLens, multi-layered datasets can be overlaid as holograms on the real world. A partial list includes 2D documents, energy analysis, light simulation, acoustics, layout data, and equipment metadata. Presenting data in a context like that improves communication and leverages confidence in decision-making.
Office to Field Axis: Design to Build, Build to Design Sharing up-to-date design data with on-site teams is crucial in the dynamic construction environment. Using Mixed Reality technology, construction teams can access geo-located, context-based data, which can be projected and anchored to the physical environment around them. The ability to map the as-build physical environment supports communication from the field to the office and completes the Build to Design – Design to Build loop. The Future of Mixed Reality in the AEC Industry Mixed Reality will have a significant impact on the AEC industry over the next few years. The technology addresses some of the industry’s major inefficiencies during the design, construction and operation stages. Integrated with quality construction layout software and using 3D BIM models as a main data source, Mixed Reality improves communication, tightens workflow integration, and enables real time collaboration with remote teams. While it is possible to describe the benefits of Mixed Reality in words, one must experience it firsthand to appreciate its power and realize how it can transform the AEC industry.
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3D Laser Scanning
3D Point Cloud
Using Trimble’s 3D Laser Scanning technology, a physical scan of your project will be conducted. Depending on the size of the project, the scan could take a few hours to several days.
A fully registered “point cloud” of the existing environment that can be used as an export into your 3D Modelling solution as an as-built comparison to modelled components.
mep.trimble.co.uk 0800 028 28 28
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According to research by the American Rental Association (ARA), nearly *40% of construction workers prefer to rent equipment rather than purchase it. Here, Oscar Peralta, West Coast Territory Manager for surface preparation equipment manufacturer National Flooring Equipment, explains how to get the most out of partnering with a rental company. Setting up a construction business requires time, money and resources. However, an unstable economic climate means that contractors may not have all three. As a result, rental equipment is becoming more popular, as a cheaper, pay per use model can help new contractors build a business and established contractors maintain theirs. At National Flooring Equipment, we predict that the preference for renting is only on the up, as rental companies offer more services to contractors, such as training, maintenance and job advice. By hiring equipment from a rental company, contractors can then become a single-source surface preparation provider, with access to all the third-party equipment they need. Why rent? Return on investment and reduced up-front capital costs are some of the main benefits of renting equipment. This is because contractors will not have to save up for equipment purchase, or budget for expenses such as storage and maintenance. Contractors can instead choose to invest this money into other areas so that businesses can offer a wider range of services to customers. In surface preparation, different applications require equipment with different functions. Contractors must choose a machine based on the requirements of the surface preparation job. To get the best result, the contractor should know the size of the job, accessibility to the building and the expectations of their customers. When buying equipment, contractors may have to work with the machine they have for any application. Renting means that they can tailor their machine choice to the desired finished result for each job. Rental equipment is replaced after a lifespan of a few hundred hours, which guarantees to the contractor that the equipment works at optimum efficiency. Maintenance is usually the responsibility of the rental company, which can be another worry shifted away from the contracting business. Another concern for a contractor that the rental company can take care of is regulatory compliance. Rental companies stock the latest equipment that meets regulations, such as the new regulations set by the Occupational
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Health and Safety Administration (OSHA), to reduce exposure to silica dust. The right rental company Once a contractor has decided that they want to rent equipment, they should choose a company based on its level of customer service. The best rental company will feel like an extension of the construction company and they should advise the company on what equipment they need for current work and future development. It is also vital that a rental company is easy to contact. Contractors can come across problems at any point before, during or after construction work, relying on the rental company’s advice on how to continue. The more the rental company knows about the business, the better the advice they can give. When choosing a rental company, construction business owners should make decisions based on how they predict their business will develop in the future. They may only need one machine when they first approach a rental company, but may require a whole suite of equipment for a job further down the line. This is because it is easier to rely on one company as a single source for surface preparation equipment. In many cases, renting equipment may be a more cost-efficient option than
Rent it out purchasing, but in any business, you must spend money to make money. Contractors should avoid the cheapest machines and make sure that they hire the most suitable equipment for the job in hand. A well-stocked rental company allows contractors to choose the right equipment for each application and receive the correct training and knowledge from the same source. Expertise It is important to remember that rental companies are not the only source of knowledge when using surface preparation equipment. Contacting the original equipment manufacturers (OEMs) for advice directly can give the contractor – and rental companies – the best and most detailed information about the equipment they hire. As well as this, companies like National Flooring Equipment offer bespoke training or an online training library which contractors and rental companies can access to answer any equipment questions. As more contractors see the benefits of renting equipment, it is likely that more contractors will choose to rent rather than purchase equipment. If more contracting businesses can find the right rental company and equipment for the job, the 40% is likely to rise. *Data collected in North America
F E AT U R E
Latest guidance on Lifting Operations with Excavators now available The Strategic Forum Plant Safety Group (SFPSG) has released a new refreshed plant safety guidance document entitled ‘Lifting Operations With 180O and 360 O Excavators.’ Taking into account the prolific use of excavators for lifting operations in the construction and allied sectors, the Strategic Forum Plant Safety Group has revised, expanded and updated the Group’s original guidance publication which was first introduced in 2008. Additions to the original document are so widespread that the guidance has increased from seven pages to 72 pages. 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 for this project from the Health & Safety Executive (HSE), as well as significant representation from a range of construction and contracting companies, plant hirers, manufacturers and training organisations. This latest guidance adds to a number of Plant Safety Group publications on various topics, produced through subject-specific meetings by those from industry holding the relevant expertise. The new ‘Lifting Operations With 180O and 360 O Excavators’ Good Practice Guide thoroughly sets out the precautions and procedures that should be taken into account when planning and carrying out lifting operations with 360O tracked and wheeled excavators as well as 180 O excavators/backhoe loaders. The precautions and procedures specified in the publication should enable work to be carried out safely and in accordance with the law. A core message within the guidance
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is that in terms of selection of lifting equipment, excavators are primarily designed for excavating and handling loose material rather than lifting suspended loads. The document advocates that an excavator should not be the first or only choice for lifting, even if it is already on site, is quicker and maybe more costeffective than using another, more appropriate, piece of lifting equipment that has specifically designed for lifting operations such as cranes and telehandlers. The guidance details that the use of excavators further introduces a number of additional risks when carrying out lifting operations which are not present with conventional cranes, such as: • Fast articulation and slew movements of the hydraulic services • The need to operate the boom and dipper arm simultaneously to keep the load vertical when lifting or placing loads • Standard excavator rated capacity warning devices generally only warn, but do not prevent the handling of loads in excess of the rated capacity and can be muted by the machine operator • Rated capacity varies if lifting over the front and rear or side-on to the machine and if features such as blades, stabilisers and axle locks are engaged or not • Some appointed persons may not have the experience of planning and supervising lifting operations with excavators Topics covered within the guidance include planning and supervision requirements, machine selection, roles and responsibilities, specific issues and maintenance and inspections. A key part of the guidance is a flowchart
that introduces a hierarchy and sequence to the planning process. The section on specific issues includes information on the factors that affect topics such as stability, ground conditions, specific issues when using 180� excavators, the use of fork attachments and the effects of tilt-rotators during lifting operations. A number of case studies have been incorporated within an annex which identifies how the changing environmental and load complexity determines the classification of a lifting activity as a basic, intermediate or complex operation. As with all CPA Plant Safety Group publications, the Good Practice Guide for Lifting Operations With 180O and 360 O Excavators can be downloaded free of charge from www.cpa.uk.net/ sfpsgpublications Chair of the Plant Safety Group, Kevin Minton, Director of the CPA, said: “As lifting using excavators has become much more prolific and in many cases, excavators are only lifting equipment on site, it was time for us to update and expand the guidance, highlighting and emphasising that lifting suspended loads with excavators is no different to the management and execution of the lifting of loads using a traditional crane. “The increased guidance means that lift planners now need to think carefully about just using an excavator for the lifting operations on their site even though it may be convenient. I thank the Plant Safety Group for undertaking and completing this work and ask all those planning and executing lifting operations with excavators to follow the advice given within the guidance.”
FORWARD FEATURES 2018 Construction Media incorporates the UK Construction Online website and UK Construction Excellence, along with bespoke media and marketing solutions for those working for or looking to engage with the construction supply chain. Our forward features list for 2018 encompasses the key themes and topics shaping the industry now and for the future. UK Construction Online is the go-to resource for the latest news and insight for the construction industry. Our content keeps industry professionals ahead of breaking developments and fully informed on the factors influencing this multi-billion pound sector. UK Construction Excellence is our flagship magazine, which showcases the very best in British building, high-end projects, construction suppliers and influential construction companies. The publication is credible, vibrant and a voice for the industry. It offers a platform to position our client’s company, products and services, and acts as the perfect vehicle to build a business’s profile and brand in a publication which is read by the construction industry’s leading players.
January | Review of 2017
Review of the year and previews of 2018.
February | Security
Deadline: Editorial - 15/01/18 Artwork -22/01/18 Site security, cyber security, and GDPR. We look at how cyber security affects the construction supply chain: from cyber security in Public Sector contracts, to GDPR and its implications. Physical site security is also an important factor in the industry, how do you keep people, plant and machinery safe on site?
March | Transport
Deadline: Editorial - 12/02/18 Artwork – 19/02/18 HS2 and Crossrail are two of the largest and most contentious transport infrastructure schemes in Europe to date, we take a look at how these are progressing and at the many other opportunities for all types of construction business as a result of the UK government’s £600Bn National Infrastructure Pipeline and Transforming Infrastructure Performance plan.
April | Infrastructure
Deadline: Editorial - 12/03/18 Artwork – 19/03/18 Infrastructure is a key factor in government plans, with the National Infrastructure and Construction Pipeline & Transforming Infrastructure Performance recently launched. In April we look at major infrastructure projects and plans throughout the country, such as: AMP6, highways investment, rail strategy, waste water, water and utilities. We also cover the UK Infrastructure Show, which brings together leading infrastructure projects from across the UK.
May | Sustainability
Deadline: Editorial - 16/04/18 Artwork – 23/04/18 Green building & sustainability. With the advent of the Clean Growth Plan – we look at what construction can do to assist in creating a greener society; from sustainable buildings to waste and recycling.
June | Skills shortage
Deadline: Editorial - 14/05/17 Artwork – 21/05/18 Having weathered the economic downturn, the construction industry now contends with a worrisome shortage of skilled workers. This month we reflect on the contributing factors, the implications of the EU referendum for migrant workers, and the ways in which the industry is fighting back. Developing skills across the construction industry is core to ensuring it remains viable and effective.
July | Health & Safety, legislation, finance, adjudication
Deadline: Editorial - 18/06/18 Artwork – 22/06/18 Health & Safety is of paramount importance in the construction industry. From workwear to working at heights, we take a look at what’s happening across the industry, together with the latest comments on litigation and adjudication decisions that affect the sector.
August | Housing
Deadline: Editorial - 16/07/18 Artwork 23/07/18 Tackling the housing crisis. Hand-in-hand with the skills shortage, the UK’s much-publicised housing shortfall continues to dominate headlines nationwide. The government has pledged to build tens of thousands of homes ahead of 2020, and during August we evaluate what is being done to address this, and what opportunities exist within the construction supply chain.
September | Technology in Construction
Deadline: Editorial - 18/08/18 Artwork 25/08/18 Advances in technology are transforming the construction industry. From digitisation to drones, innovative new technologies are helping to increase quality, reduce costs and improve safety in all areas. This month we focus on the innovations that are moving the dial and helping to shape the construction industry of the future. Themes include software, BIM, UAVs and the Internet of Things.
October | Education
Deadline: Editorial - 17/09/18 Artwork – 22/09/18 As the nation opens its doors to a new school intake, we explore the opportunities for the construction industry arising from the Government’s education agenda. From renovations and refurbishments to the building of new and interactive learning environments, what is happening and how can construction play a positive part in improving educational standards?
November | TBC
Deadline: Editorial - 15/10/18
Artwork – 19/10/18
December | TBC & Annual review
Deadline: Editorial - 16/11/18 Artwork - 20/11/18 We take a retrospective look at some of the year’s biggest stories. Additionally, each month the magazine features a project focus, as well as articles on BIM, construction software, legislation, Health & Safety, sustainability, fleet, and plant.
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