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V19 No1

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Case Study: Hinterland The Changing face of the London skyline Comment – NHBC - looking back at 2015 Comment – Considerate Constructors Comment – Ben Dyer, CEO of Powered Now, talks about making smart use of your resources. Comment – Streetwise Subbie & the Art of Happiness. Comment – Design with metal theft in mind by BSIA Chief Executive, James Kelly Comment – Richard Lane @ Creonova tells us why he has the best job in the world. Comment – Thomas Eggar and the Strange case of the Hybrid Contract Comment – Peter Sheridan of Sheridan Gold gives us an update on Payment Notices and Successive Adjudications Comment – Cycle Safety – Jonathan Backhouse, Director of Backhouse Jones Solicitors Web API is the key to information exchange Education & Training Spotlight – Louise Hosking of Hosking Associates Ltd looks at the Advantages and Disadvantages of CDM15 Education & Training Spotlight – TAC on Apprenticeships Education & Training Spotlight – Priority School Building Programme Education & Training Spotlight – National Road Safety Week Middle East Spotlight – UK & UAE discuss opportunities in the sustainable sector. Middle East Spotlight – Business reforms pick up in Middle East and Africa Campaign to raise awareness for auto enrolment Genisis crowned Building of the Year.

Publications Editor Victoria Maggiani

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ESTIMATING & VALUATION SOFTWARE

Eric Wright are also really good users of ConQuest. They really understand how it works and get a lot from the software. Eric Wright use ConQuest in different areas of the business at different levels. Estimating both from first principles and/or by gaining subcontractor quotes, measuring drawings within ConQuest for Education Framework Cost Plans, sending enquiries to suppliers such as PQS practices requesting costs for Bill Production and all the normal things you would expect in Building and Civil Engineering. Peter Latham has been in Estimating a long time. After finishing School and his OND (HND/HNC) at College and becoming a trainee QS, like many, he found himself getting more involved in pricing. His first full time estimating job was the first time he was introduced to ConQuest and although he has seen other systems over the years he tells us: ‘’I wouldn’t like to go anywhere else that uses anything else. The comfort in knowing that what you have works is a big factor’’ Eric Wright have estimating divisions for Construction, Civils and Special Projects (the small works division). I asked Peter what sort of projects you can price on ConQuest: ‘’I don’t think that there is anything you are not able to price. If it is specialist you can make sure you can do it by managing your library and if it is general pricing it lends itself perfectly to it. In terms of flexibility you can do anything’’ ‘’You have the basis to build stuff up yourself, you have the options to send it to a subcontractor, or, what we like to do is price most of the items ourselves but then send it out for a price as well. At least you have detailed build ups to compare what

you get back, and if you get nothing back you have a rate. Marking blocks of items and resourcing them is flexible and quick’’ As we continued to speak to Peter the same words were coming up; flexible, easy to use, comprehensive, quick and evolved. Eric Wright send all of their enquiries out via the ConQuest Cloud and Peter tells us how this has helped and how their subcontractors use it: ‘’We find that with such a lot of our work being Design and Build that when we initially want to outsource for quantities we can send a massive amount of information so suppliers can get a full understanding. All the information is there and it ensures we get quality back. We would have had to send all those drawings out using several emails in the past’’ ‘’The subbies are really getting into it, it is more user friendly than drop box, there are no passwords and nothing expires. They seem genuinely impressed with the quality of information they receive and the fact that we package all the information. What is really good is that sometimes we will get quotes from them for a different trade as they can refer to that information as well’’ On Line Enquires makes it so quick and easy other parts of Eric Wright are tapping into the estimating resources: ‘’We really want to get the quantity surveyors using ConQuest as well. At the moment, because it is so quick to do and it does it so well the estimating department are packaging documents for them. Our admin team still do all the chasing and tracking and I guess that now they have so much

more time they can do this although (laughs) It would be better if the surveyors could do it themselves’’ Are there any other parts of ConQuest you like? ‘’Saved & Loaded Items for a particular build up that you are proud of you can recall. (We all have our favourite manholes) They are very useful. If you have items that are not measured to standard method but itemised to a bill description it can save a lot of time and effort’’ And ConQuest in General? ‘’It makes you so much more efficient. You are relaxing into the system rather than wondering where it is putting stuff. It is also constantly evolving, I have used Version 6, Version 7, with specialised libraries as well as the ConQuest Library, the way you can distribute information has come on massively. There is nothing else that you can really compare it with, in terms of ease of use and the stuff it can actually cover’’ ConQuest has worked with Eric Wright since 1998 and for us it has been an absolute pleasure. We endeavour to listen to our customers and understand what is important to them so we can decide where to focus our efforts in delivering new features and enhancements to the system. They give constructive feedback and are always responsive when we present new ideas and features. We are approaching the second decade of working with the estimating team and are confident that our third will continue to be just as successful.

Peter Latham Senior Estimator

The Eric Wright Group are, in our opinion, a great company with a great team of staff behind them. They are an established leader within the building industry offering a wide range of services from Construction and Civil Engineering, to property development and facilities management. Each part of the group has a specific focus and a specialised skill set and although they operate independently they are all intrinsically linked.

01204 669689 sales@conquest.ltd.uk

THE ESTIMATING SOFTWARE PEOPLE

UKC NEWS

£7M river maintenance vessel ready for a busier Thames With Thames passenger and freight statistics at record levels, the Port of London Authority (PLA) has officially introduced its £7M multi-purpose river maintenance vessel, London Titan, in a ceremony at Tower Pier.

in over 20 years, London Titan was designed by naval architects MacDuff Ship Design, working with PLA marine engineers, masters and crews. She was built at Manor Marine’s shipyard in Portland, Dorset to Lloyd’s Register class.

Officially named by Thurrock MP, Jackie Doyle-Price, London Titan will keep the river clear of obstructions and channels clearly marked for all to use. Titan has been specially built to be capable of working from Richmond in west London all the way out into the Thames estuary. Her work is vital on a river that is home to the UK’s second biggest port, busiest inland waterway for passengers and freight and a centre for sporting and recreational activity.

Robin Mortimer, PLA Chief Executive said: “This is a unique river which is busy and getting busier. Over the 95 miles of the Thames we look after, we’ve now got the world’s largest container ships calling, passenger trips reaching ten million a year and inland waterways freight, like construction materials and rubbish, now at a steady five million tonnes a year.

The PLA’s biggest single investment

“We’ve got to keep the Thames fit and ready for all these vessels and with over 40,000 jobs depending on the Thames, London Titan is a vital

upgrade to our fleet. She brings power wedded to manoeuvrability, enabling us completely to modernise the way we work on the river on a reliable, efficient and safe working platform.” London Titan has been specially designed to work along virtually all of the PLA’s 95 miles of the tidal Thames. She is squat and shallow enough to negotiate bridges as far upriver as Richmond, and robust enough to operate in the outer estuary. Titan’s duties include: mooring maintenance; laying and recovering navigation buoys; hauling wreckage from the riverbed; supporting diving and civil engineering operations; and plough dredging operations.

NEWS UKC

Double award win for £63M university building A £63M university building which opened its doors to students less than two months ago has picked up two prestigious property awards. Birmingham City University’s Curzon Building has been crowned the winner at the West Midlands Property Awards in both the Construction Project of the Year and the Sustainability Award categories. The awards took place at Birmingham’s Hilton Metropole Hotel in November. The 24,000sq ft building, which took more than two years to build, boasts over 650 rooms and used over 300,000 bricks and 10,000 cubic tons of concrete during its construction.

eastside skyline and we are absolutely delighted that it has won not one, but two awards so soon after opening. “This continues what is a truly exciting time for the university and our multi-million pound estates programme which is really transforming our city centre campus. “Thousands of our students are now benefitting from even better facilities as well as a building which was built sustainably and it is great that this has been recognised.”

The Curzon building was constructed by property firm Willmot Dixon. The awards win comes after planning chiefs approved a major expansion to the Curzon Building in October. The green light was given for work to begin on the new building currently known as Plot 2A which will house 3,000 students and staff by adding 10,000sq ft and six-storeys of additional educational space.

The facility, which sits opposite the site of the Birmingham’s historic Curzon Street railway station, is the new home to more than 5,000 students studying in the university’s Faculty of Business, Law and Social Sciences and its School of English. The project also included the restoration of the historic Eagle and Ball pub, which has stood derelict for eight years, maintaining many of its original Victorian features. Dr Paul Hartley, Interim Pro ViceChancellor, Birmingham City University said: “The Curzon Building has already proved to be a striking new addition to the

UKC NEWS

Styles&Wood complete £2M Lowry refurbishment The Lowry in Salford Quays has revealed its new restaurant, Pier Eight, following the completion of a £2.4M package of refurbishment works by integrated property services and project delivery specialist, Styles&Wood.

How safe is your fall protection equipment? A leading global specialist in fall protection is warning that systems used to protect people while they work at height may not have been adequately tested, despite the introduction of stricter European standards. Latchways is calling on the construction, roofing and health & safety industries to take note of new testing standards for fall protection devices (EN 795:2012) and to question whether they have been fully adhered to, before using any such product or system. “The problem - in a nutshell - is that the latest testing methods still give manufacturers a certain amount of freedom - testing to the new standard is not yet a legal requirement,” says Latchways’ Technical Manager Tim Bissett. “For specifiers, who may well be unaware of what the test standards and test results mean, it is difficult to tell the most thoroughly tested products from those which fall below the ideal.” To help provide a deeper understanding of the issue, Tim summarises the story of the standard so far: “The relevant standard for testing of anchor devices that enable people to work at height is EN 795. Essentially this is a minimum requirement to help ensure that those workers go home safely every day. “When it first appeared almost 20 years ago as EN 795:1996, it related to the testing of personal fall protection equipment for single users. In 2012 it was revised to EN 795:2012, which set out testing requirements in much greater detail. It brought an increased emphasis on the testing method used, and came with a supporting technical

specification (CEN TS 16415) which dealt with testing for multiple users. “The most important of its new requirements was that all anchor devices should now be tested for fall arrest capability - even if their intended purpose was only fall restraint. Technically, the 1996 version only covered ‘arrest’ devices in the first place, so we were happy to see the 2012 update clearing up any misunderstanding. In short, all anchor devices should now be tested for fall arrest capability, regardless of how they are to be used.” Today, throughout the industry, risk management and compliance with health and safety regulations is part of daily life and the application of standards has become increasingly important - especially for those charged with responsibility for keeping workers safe. While welcoming the much more robust set of parameters provided by EN 795:2012, Latchways is still concerned about the general lack of awareness of what this updated standard really means. “For us, testing is absolutely fundamental to the development and supply of robust, efficient fall protection solutions,” says Tim Bissett. “By highlighting the importance of EN 795:2012 we are encouraging all those involved in fall protection to insist products are tested to the most recent standard. We should all be raising and embracing new standards as a matter of course - otherwise we aren’t doing our job to protect people working at height and that, ultimately, is what we are here to do.”

The works, which have created a total of 800sq m of dining and event space at the landmark theatre complex, incorporate 120sq m of extended space in the style of two shipping containers, providing views over the Manchester Ship Canal. The complete extension includes a terrace area, an event space with a second private terrace, as well as the Pier Eight restaurant and bar with an extended kitchen. Paul Lonsdale, Operations Director at Styles&Wood, said: “Our team has a great deal of experience working across the leisure and hospitality sectors, and we have worked closely with The Lowry’s management team throughout the project to ensure a smooth completion. With more than 800,000 visitors every year there is no doubt that the new restaurant and event space will only add to The Lowry’s appeal and act as a further draw to those visiting Salford Quays.” Julia Fawcett OBE, Chief Executive of The Lowry, added: “We’re absolutely delighted with the outcome of this project, the new extension has created a range of beautiful, elegant areas for socialising and corporate entertaining that will offer more to the community here in Salford Quays, as well as becoming a destination location in their own right.” Pier Eight seats a total of 300, while the event space has a capacity of 100 and is available for both corporate and private hire.

Northern Power Women, the campaign to improve gender diversity in the north of England, has launched a new awards programme that celebrates and showcases role models who take positive steps towards transforming business culture. In addition to the awards, the campaign is also looking for the top 50 women and men who are providing both inspiration and opportunity to women in the workplace and another top 50 leaders of the future when it comes to creating gender balanced workplaces. Simone Roche, founder of Northern Power Women, said that the awards were developed following a hugely successful conference earlier in the year: “We held our first conference earlier this year and there has just been so much support for what we’re trying to do, we wanted to create a way to recognise the people who

passionately support gender equality.” “There’s a huge momentum here in the north towards creating the right environment and supporting gender diversity and both the awards and top 50 lists were born from this. “We want to encourage a strong pool of nominations so our stellar judges have the opportunity to select an inspiring shortlist and winners we can showcase the raft of talent and transformational leadership we have in the north”. Jo Swinson former Minster for Women and Equalities said: “Simone has created something special with Northern Power Women. The event has harnessed huge energy from businesses and individuals to drive change. It’s brilliant to see the Northern Power Women awards now celebrating both women

NEWS UKC

New awards celebrate women and men supporting gender diversity and men who are committed to building more equal and diverse workplaces.” The Northern Power Women awards are the first of their kind to celebrate the women and men working towards creating gender balance in organisations and passionately supporting gender equality across the Northern Powerhouse regions of the UK. Simone continues: “Whether our nominees are working in the north or hail from the North, these awards will recognise the people leading the step change we need and raise their profile as role models to inspire current and future business leaders.” Award winners will be announced at a gala awards dinner in Manchester on 3 March 2016.

Balfour Beatty awarded pre-construction services contract for £130M residential scheme Balfour Beatty, the international infrastructure group, has been selected by Palace Revive Development Ltd to deliver the pre-construction services contract for a £130M renovation and new-build scheme on No. 1 Palace Street, in St James’ Park, London. Balfour Beatty will collaborate with the London-based development company Northacre and Palace Revive Development Ltd to deliver pre-construction services including programming and procurement, in the lead up to the full construction contract award which is expected in early 2016.

early 2016 following full contract award and is scheduled for completion by the end of 2017. Dean Banks, Balfour Beatty Managing Director of the UK Construction business, said: “I am very pleased that our technical solution to the construction of this complex build has been embraced by Palace Revive Development Ltd and Northacre. Our proven ability to succeed in constrained construction

environments in busy city centres means we are well suited to this prestigious project and we look forward to securing the full contract award. “Balfour Beatty is committed to delivering first-class projects with selected partners that utilise our industry leading expertise and our work on this luxury residential build is a prime example of this.”

The full scheme will involve refurbishment of the existing six-storey listed building, construction behind retained facades and a complex four-storey basement build. Once complete, the development will house 72 apartments, many of which offer unique views over the gardens of Buckingham Palace. Residents will also enjoy more than 10,000sq ft of leisure facilities, including a state-ofthe-art gym, swimming pool and a wellness centre. The site will encompass five architectural styles, ranging from French renaissance to contemporary, with a Grade II listed retained facade. Construction is due to start in

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UKC NEWS

Cutting Red Tape review launched to get Britain building Housebuilders will have their say on ineffective rules and heavy-handed enforcement that stop them building the homes that Britain needs, in a new Cutting Red Tape review. Building on the work of the Housing Implementation Task Force, this review will uncover the issues that have the biggest effect on housebuilders and seek the views of smaller firms to understand the unique pressures they face. The wide-ranging review will capture the experiences of all those involved in building homes, including developers, planners and trade associations. Business Secretary Sajid Javid said: “This review will give housebuilders and smaller construction businesses a powerful voice as part of our £10Bn deregulation drive. Where rules are too complicated, ineffective or poorly enforced, I want to hear about it and the government will take action. Together we can cut red tape and get Britain building.” Previously, the Housing and Construction Red Tape Challenge delivered significant reforms and led to a review of local housing standards by the Department for Communities and Local Government.

Housing Minister Brandon Lewis said: “We are determined to remove barriers faced by housebuilders to ensure we continue to keep Britain building as quickly and safely as possible. “We want to hear the views of firms big and small so we can remove unnecessary red tape and help housebuilders do what they do best, building the homes we need.” The key starting points for the review are based on the priorities raised by the Task Force: • Roads and infrastructure rules for new housing developments. • Environmental requirements, particularly EU rules such as the Habitats Directive and wider EU environmental permit requirements. • Rules that affect utilities (such as electricity, gas and water – as well as broadband infrastructure). The government is also keen to look at the changes made to the Construction, Design and Management Regulations, as well as any examples of EU rules that are being implemented too strictly. John Allan, National Chairman of the Federation of Small Businesses, said:

“The government is right to listen to the needs of smaller businesses. In the 1980s, smaller house builders delivered around two thirds of our new homes. Today, it is less than a third. If the government can encourage small firms back into house building that would be a major step towards meeting this country’s housing needs.” The new Cutting Red Tape review will look at the way the law is enforced, as well as whether the rules themselves are proportionate and fit for purpose. The responses from house builders will lead to government taking concrete steps to remove burdens on business. Stewart Baseley, Executive Chairman of the Home Builders Federation, said; “As the industry looks to drive further increases in housing supply we welcome moves to reduce unnecessary regulation and the associated costs. Aside from the planning system there are significant other regulatory processes and charges levied on the industry that can adversely affect viability, but also, critically, delay the ability of home builders to get on site and start building. Reducing red tape will bring more sites into play more quickly and so help the industry deliver more desperately needed homes in the coming years.”

NEWS UKC

Crossrail surface works reach halfway point Network Rail has announced that it is halfway through the delivery of the £2.3Bn investment programme to improve the existing railway for the Crossrail programme. Three quarters of the Crossrail route runs above ground on the existing rail network through outer London, Berkshire and Essex. To deliver the Crossrail service on these sections of the route, Network Rail is undertaking a £2.3Bn investment programme to: • Add capacity on key parts of the network, including more than 30 miles of new track, the delivery of a new flyover in Hillingdon and a new dive-under tunnel beneath the railway at Acton. • Improve 29 stations, including the delivery of more than 40 lifts, platform extensions at 16 locations to accommodate longer trains and a

complete rebuild of nine stations to provide new, spacious, bright ticket halls. • Electrify the Great Western Main Line in west London and Berkshire to allow for the introduction of new, quiet, greener and more reliable electric trains. • Install modernised signalling systems to allow for more services to run more reliably. • Construct new sidings to stable Crossrail trains overnight. Rail Minister Claire Perry said: “These works are a vital part of delivering Crossrail, and the half way point is a real milestone in Europe’s largest infrastructure project. The vast improvements on the existing rail network go hand-in-hand with the impressive tunnelled sections. Together they will create a transformational rail link that will bring better and faster journeys for passengers across London

and beyond from 2018, boosting jobs and economic growth.” Mark Carne, Network Rail Chief Executive, said: “As part of our railway upgrade plan, we are delivering this vital component of the Crossrail programme on time and on budget. There is still a huge amount of work to do but we are on schedule to provide passengers in London and the South East with better connections, quicker, easier journeys and vastly improved stations.” Andrew Wolstenholme, Crossrail Chief Executive, said: “While much of the focus has been on the tunnels and new stations in central London, Network Rail has been working hard to make sure that the existing railway is ready for Crossrail. This crucial work on Crossrail’s surface section will deliver major benefits for passengers and help to transform many of the areas through which the route will run.”

Flagship project voted greenest building in Europe’s green capital The Midas Group is celebrating one of its flagship build projects being honoured with the title of the greenest building in what is already recognised as one of Europe’s greenest cities.

addition to the city, the first commercial building in the south west ever to earn a BREEAM ‘Outstanding’ rating, and one of the highest scoring environmentallyfriendly buildings in the whole of Europe.

The £12M Filwood Green Business Park was named Eco Green Building of the year at the Bristol Post Green Capital Awards.

“We are also very proud of a build which involved more than 500 people working on-site in Bristol, created training opportunities for local apprentices and employed more than 300 local sub-contractors, with 20 staff working towards an NVQ qualification.”

Built by Midas Construction for Bristol City Council to mark Bristol’s status as European Green Capital 2015, the 40,000sq ft workshop and office space was created to provide a new sustainable home for small and medium sized businesses in the city. Derek Quinn, Executive Director at Midas Construction, said: “As a Bristolbased company we are very proud to accept the Eco Green Building Award for Filwood. It’s quite something, and doubly special, to receive an environmental award like this in a city which is so widely acknowledged as being one of Europe’s most forward-thinking green cities. “The building itself is a very fitting

The building produces 20% of its own energy using photovoltaics, A+ Rated materials and planted roofs externally, however its sustainable ethos runs even deeper. Designed with high performance building materials and on-site energy generation, the building achieves a 40% CO2 reduction, saving and estimated 46 tonnes of CO2 annually, the equivalent of 276 double decker buses.

bring their own sustainable ideas to life. The green roof provides a wealth of benefits to the environment and can last longer than conventional roofs. During the build, Midas used high performance building materials which reduced energy demand by 30%. Midas also used Advanced Waste Solutions for all waste on site and produced a monthly report of all waste collected. At the end of the build, Midas had diverted 99% of construction waste away from landfill, having set themselves a target of 80% at the start of the work.

The building features a sedum green roof and sky garden, which was a suggestion from people in the local community, who were encouraged to

UKC NEWS

HM The Queen reopens redeveloped Birmingham New Street station The Queen has officially reopened the transformed Birmingham New Street station. Accompanied by His Royal Highness The Duke of Edinburgh, Her Majesty unveiled a plaque marking her visit the first to New Street in her 62-year reign and her first visit to the city since her Diamond Jubilee tour in 2012. The Queen and The Duke of Edinburgh were greeted by a host of dignitaries - including Sir Peter Hendy, Chairman of Network Rail and Mark Carne, Chief Executive of Network Rail - after arriving at the station on the Royal Train. They were shown an exhibition of the station through the ages since it was first built in the 1880s and were introduced to many of those involved in building the latest incarnation. They also met staff who help meet the needs of the 170,000 passengers who use Birmingham New Street every day. Sir Peter Hendy, Chairman of Network Rail, said: “It was an honour to welcome The Queen to Birmingham New Street and be part of a very special day for

Birmingham. For such an impressive and transformed station, it was fitting that it was officially reopened by Her Majesty. “Birmingham New Street is helping to boost the regeneration of the city centre as well as provide the millions of passengers who use it with a modern, 21st century station. With the Grand Central development above it, it is a unique station which is vital to the continued development of Birmingham and the wider region. “Our Railway Upgrade Plan is providing a better railway for passengers and this station is the latest example of how these improvements are benefiting millions of people and helping boost our economy at a local and national level.” The redeveloped Birmingham New Street station opened its doors to passengers on 20 September 2015 after a five-year, £750M transformation. Boasting an iconic new atrium over a huge passenger concourse - five times the size of London Euston’s - the station has been rebuilt while

trains continued to run as normal. With brighter, de-cluttered platforms, improved entrances, a range of new facilities and an abundance of natural light over the new concourse, Birmingham New Street, one of Britain’s busiest inter-change stations, is also a retail destination in its own right. The new station will eventually feature 43 shops at concourse level. Above it sits the new Grand Central shopping complex, including one of the UK’s largest John Lewis department stores.

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UKC NEWS

GRAHAM Construction appointed to £9M college scheme Calderdale College in West Yorkshire has appointed GRAHAM Construction as the main contractor on its multi-million pound Unlocking Potential Project.

The upgraded Learning Resource Centre will also boast the latest digital technology and print resources to aid learning, and improve digital skills and employability.

The £9M scheme will see GRAHAM Construction undertake the refurbishment of three floors of the college’s Percival Whitley Centre to create stateof-the-art learning facilities and a Learning Resource Centre (LRC).

Gary Hughes, GRAHAM Regional Director for the North of England, said: “This contract demonstrates our continuing growth and reflects our strong reputation for outstanding works within the education sector. It also emphasises the benefits of the value we place on a collaborative approach and working partnerships with clients and local authorities.

The LRC will significantly enhance the college’s ability to deliver new courses to better meet local skills and employment needs. Once complete, the new facilities will allow the college to provide new courses in games design, video editing, visual effects, computer sciences, dentistry, pharmacy, health, social care, childcare, engineering and manufacturing.

“We are proud to be involved in a project that will help to open up doors to more career paths and improve the learning experiences for thousands of students in West Yorkshire.” Denise Cheng-Carter, Vice Principal

at Calderdale College, said: “This regional investment will enable the college to support the delivery of higher level skills, including higher level apprenticeships to match training to the particular needs of students and businesses as these skills are very much in demand throughout Calderdale and the wider Leeds City Region.” Designed by Jefferson Sheard Architects, the project is due to be completed in August 2016. It is being co-funded by Calderdale College and the Leeds City Region Enterprise Partnership. The Unlocking Potential Project will become GRAHAM Construction’s second major project in Halifax in two years as it continues to work on the £23M restoration and transformation of Piece Hall, which is due to reopen in summer 2016.

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UKC NEWS

Mayor sets out bold vision for 13 new river crossings for London A bold vision to transform crossriver travel in London has been unveiled by the Mayor of London. A total of 13 new tunnels and bridges have been proposed as part of the Mayor’s vision for the future of the capital – increasing the total number of river crossings between Imperial Wharf and Dartford by more than a third, and the number for pedestrian and cyclists by nearly 50%. The proposals, which would cater for both public transport and road users, are detailed in a new strategic plan that outlines how vital new cross-river transport links are in securing London’s future success. The report, Connecting the Capital, shows how the proposed crossings, from Fulham in the west to Dartford in the east, will support the needs of London’s rapidly growing population, which is

set to rise from 8.6 million now to 10 million by 2030. The proposed new river crossings will help to unlock the city’s full potential, supporting thousands of new jobs and homes, driving economic growth and ensuring that London competes with other global cities. The Mayor of London, Boris Johnson MP, said: “Building a series of new bridges and tunnels across the Thames is essential for the future prosperity of our rapidly-growing city. By creating more links between the north and south of the river, we won’t just improve day-to-day travelling across the Capital, we’ll unlock areas for development and create thousands of jobs and homes. From Fulham in the west to Dartford in the east, this is a vital package of crossings that will drive economic growth and get more people walking, cycling and on to public transport.” Subject to funding, the new crossings

will be progressed across London to be delivered between now and 2050. The majority will be in east London, where population growth will be highest – with over one third of London’s total population growth expected in the area. Existing cross-river connections in east London are poor, with just three road crossings in the 23km between Tower Bridge and the M25, and just one bus route that crosses the river. Richard de Cani, Managing Director for Planning at TfL, said: “With the Capital’s population rising rapidly and more much-needed housing being built, crossing the river will become ever more important. New cross-river connections can unlock opportunities for local people and help transform an area, supporting regeneration and development. We must progress plans for this package of crossings if we are to support London’s growth and galvanise the economic potential it presents.”

hen Mohammed bin Rashid Al Maktoum, Emir of Dubai unveiled the ‘Dubai Strategic Plan 2015’, he set out the vision for what Dubai would look like in 2030. Having such a long-term strategic plan in place has resulted in something of a property and construction boom in Dubai, turning the city into one of the fastestgrowing destinations in the world. Dubai has been keen to diversify its economic focus, moving from an oilbased economy to making the city a popular resort for tourists. Despite many projects being put on hold during the global financial crisis that hit in 2008/9, the construction industry in Dubai has since bounced back, and in November 2012, Sheikh Mohammed bin Rashid Al Maktoum announced fifteen new construction andaltogether infrastructure BIM is not newprojects but is a worth more thanway $187ofmillion in total. collaborative working, supported by integrated software and technology Since the end of the global economic that makes building,number project design and downturn, a significant construction moreconstruction efficient and helps to of multibillion-dollar developments begun, including manage andhave maintain assets. Using data a range of key infrastructure projects, to create a unique three-dimensional bridges, mixed use developments and computer generated that is artificially reclaimed islandmodel developments. used for the effective management It is clear that Dubai and the rest of the of UAE are a leadingthroughout and innovative information a global project force in the construction industry today. lifecycle, from earliest concept, through to construction and finally operation. Amongst the current ongoing and recently completed projects in the of Dubai aregame – Weemirate think BIM is a real changer –

of course it means a little extra work in • Dubailand – said to be the world’s the early of BIM Compliance, largest retail days and entertainment “world”but once industry is allResort, on the same as big as the the Disney World

Dubailand is due for completion in 2020. • Dubai Marina - World’s largest man-made marina, with 200 residential and hotel high-rises • Jebel Ali Village – a modern village able to accommodate half a million people • Al Maktoum International Airport – set to be the fourth largest airport in the world, due to be fully completed in 2025 • Al Sufouh Tramway is a tramway in Al Sufouh, Dubai, which runs along the Al Sufouh Road from Dubai Marina to the Burj Al Arab and the Mall of the Emirates, was fully operational in November 2014. • Sheikh Rashid bin Saeed Crossing – said to be the world’s longest arch bridge, measuring 1.6kn and due to open shortly. page, BIM will become second nature • Business – now completed, and we Bay won’t know what this we did development comprises 240 developments without it! comprising of both commercial and residential spaces, as well as a range CAD Room have been working at the ofThe essential infrastructure elements including landscaped andoffering a forefront of the gardens industry network of roads, pathways and canals. BIM services on projects large and small, wejust think the selection advantages speak These are a small of the for themselves. Our team are highly many multibillion-dollar construction projects underway in service Dubai. coordination, There are experienced in multi many more planned as the Emirates as well as pre fabrication of plantrooms move towards realising their forward and modules for both corridors facing service vision for 2030. The Emirates are and risers. Weconsiderable become yourinnovation outsource known for their in partner construction, with developments working with you and youratBIM the cutting edge of architectural and standards to achieve quality accurate engineering technology they are creating drawings from approval stage to something of a revolution in thethrough industry. Ascompletion. a result, of this progressive reputation,

Dubai and the UAE are attracting the most gifted and innovative design and construction talents in the world, those who are excited by the possibilities the Emirates offers. By embracing the benefits of integrating BIM Services in Dubai into large-scale construction projects from the very start, projects can continue to innovate as well as be completed on time and within budget. As of January 2016 ourselves at The Cad Room will be taking a more active approach to place a firm foothold into the UAE’s impressive building sector. With our extensive knowledge in BIM & Module creation we can work alongside our future clients to design & produce modules to be sent off for pre-fabrication. These units, produced before installation, help to are reduce the project as If you looking to take build your time first step the services willfuture havethen already beenbecoable towards a BIM we may ordinated and fixed within the frame. These to help you achieve your goals. modules are simply then lifted up into the ceiling void and just connect together saving vast amounts of time in comparison to manually installing the services on site. Our team are already fully integrated with BIM ahead of the government deadline & Grant Hood a number of intensive have undertaken BIM projects. So from small scale projects Managing Director to modern giants we’re able to provide The CAD Room Ltd quality co-ordination to suit all your needs. Tel:more 0161information 427 0348 about our For Grant.Hood@thecadroom.com services visit The CAD Room website at http://www.thecadroom. www.thecadroom.com com/ or phone 0161 427 0348.

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Plans to transform Leeds Station into high speed transport hub revealed Ambitious plans for the redevelopment of Leeds Station into an integrated high speed transport hub for the city and the Yorkshire region have been released. The much-anticipated report by the chair of HS2 Ltd Sir David Higgins has revealed his recommended option for how to remodel the station to accommodate future high speed rail as well as boosting through rail services in a single integrated hub. His recommendation to government would see the station redeveloped as a ‘Yorkshire Hub’ utilising a ‘T-shape’ design. This would see the existing east-west rail lines being combined with connecting new north-south lines to accommodate HS2 when it comes to the city, operating as a single station serving connecting cities and towns across the Leeds City Region and beyond. Leeds Station is the busiest rail station in the north of England, used by 27.8 million people a year which is similar to figures for King’s Cross in London. This figure is projected to rise by 114% over the next 30 years, with passenger

flows at Leeds Station anticipated to match those of Gatwick Airport. Sir David Higgins, chair of HS2 Ltd, said: “Leeds Station is already the busiest station in the north of England, and also a major transport hub for the city, Yorkshire and the wider north of England as a whole. “Given the physical constraints of the existing station, and the rising level of demand for services, coming up with a solution that meets all those needs has not been easy, but, thanks to the efforts of the council, the Leeds City Region and the Chamber of Commerce, as well as HS2 and Network Rail experts, we have reached a consensus.” The recommended option for redevelopment of the station will see the HS2 platforms approaching from the south and joining directly to the existing station building. A common concourse will be created, offering easy connections between classic rail and high speed services under one roof and good pedestrian access to both the city centre to the north, and

the regeneration area of South Bank. The new station will enable seamless interchange between HS2 trains, the proposed Northern Powerhouse Rail services, and local and regional trains. This will spread the benefits of HS2 and, along with the improvements proposed to the local rail network, will provide faster and better rail journeys for the three million people who live in Leeds City Region. Its location in the South Bank should be a catalyst for substantial economic growth and regeneration. Sir David’s report and recommendation about Leeds Station will now be considered by the chancellor, while Leeds City Council will continue to work with HS2 Ltd, Network Rail, Transport for the North, West Yorkshire Combined Authority and the Chamber of Commerce to develop the scheme for the Yorkshire Hub. This will include working with businesses impacted by the proposed station redevelopment in order to boost the future regeneration of the South Bank and the Leeds and wider city region economy.

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Transformative proposal for Paddington submitted Great Western Developments Ltd - a subsidiary of Singaporean publicly listed Hotel Properties Limited – together with its development partner, Sellar Property Group, has announced that it has formally submitted a planning application for the redevelopment of the former Royal Mail sorting office at 31 London Street, adjacent to Paddington Station. The proposed development, Paddington Place, has been designed by one of the world’s finest architects, Renzo Piano Building Workshop, and will dramatically transform this part of London. The multi-use scheme will deliver over an acre of new public realm. It will include an elegant piazza, transforming the area and creating a true sense of ‘place’. The centrepiece will be a new landmark for London, a crystal light-reflecting tower set to become a major marker for Paddington, one of London’s most important transport hubs. It will include a sky garden and restaurant, featuring mature trees and plants in the open-air, creating a unique experience for visitors. To improve the rail passenger experience, a new and enlarged Bakerloo Line ticket hall (approximately four times larger than at present) will be created and illuminated by natural light from vaulted glass ceilings. Connectivity to the district and Bakerloo Line platforms will be enhanced, reached from a new point of access, and will ease congestion

from the entrance’s present, cramped location. As part of the reconfiguration, London Street will be realigned and augmented by an elegant suspension bridge. The entire scheme has been designed to provide enhanced linkages into the St Mary’s Hospital estate. There will also be 100,000sq ft of office space, with floorplates specifically designed to accommodate small to medium sized high-growth industries. This development will be further enhanced by 50,000sq ft of high-quality retail and leisure space at Praed Street, rail concourse and tube station levels, which will breathe new life into the area. Chris Lim, Group Executive Director of Hotel Properties Limited, commented: “This is a unique opportunity involving an investment of over £1Bn to provide many public benefits and a scheme which we believe will drive further investment in the wider area.” Irvine Sellar, Chairman of Sellar Property Group, commented: “This exciting transformational development will enhance this important part of central London. Paddington’s transport interchange will be fit for purpose for the 21st Century and the wider mixeduse development and public space will enhance the way residents, visitors, businesses and their people live work and play, and will make a major contribution in revitalising this district.”

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World premiere event, Hinterland, to launch Scotland’s Architecture 2016 Hinterland will mark the official launch of Scotland’s Festival of Architecture presenting the Year of Innovation, Architecture and Design. In March 2016, Hinterland, presented by Glasgow based public art charity, NVA, will open with a night-time public event at St Peter’s seminary, one of Scotland’s most iconic 20th century buildings, almost 50 years since the day the seminary opened. This is part of the ambitious scheme to reclaim the future of the worldrenowned St Peter’s seminary in Cardross, Argyll and Bute. The buildings are now registered as one of the World Monuments Fund’s most endangered cultural landmarks.

Hinterland presents a public statement about the sites future as a national platform for progressive public art, following an extensive programme of work to make the building safer for future use led by Reigart Contracts. This revealed the buildings stunning architectural details that have been concealed beneath debris for the last 25 years. Angus Farquhar, Creative Director of NVA said: “We are setting out to ensure that the imaginative re-use of this great late modernist structure reflects the same social dynamism and ambition with which it was conceived, based around a spirit of working progressively to improve what

we can and imagining a better world. It is NVA’s intention to preserve a raw sense of otherness, excitement and revelation”. Hinterland is a creative collaboration between Director Angus Farquhar, designer James Johnson, composer Rory Boyle, University of St Andrews Music Centre and St Salvator’s Chapel Choir, lighting director Phil Supple, project designer NOVAK Collective, and from 85A art collective - Dav Bernard, Zephyr Liddell, Robbie Thomson & Pete Sach. Hinterland is proud to be part of the Festival of Architecture 2016, which runs throughout 2016, with over 400 events taking place across Scotland.

The building will be transformed using light and sound to symbolise the rise out of ruination, into a new creative life. Hinterland will subtly re-animate the skeletal concrete superstructure with monochromatic light, projection and a specially commissioned choral work. The audience will be free to move through the seminary’s main spaces, encountering the subtle integration of polyphony, projection mapping and light installations playing out on and around the surfaces of the degraded superstructure.

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The changing face of London’s skyline London’s skyline is constantly evolving. There are numerous irregular shaped structures complete with appropriate nicknames populating the centre of the capital. Joining such iconic buildings as the Shard, the Gherkin, the Walkie-Talkie will be a number of new high-rise buildings. UK Construction Online takes a look at some of the latest projects set to appear on the London’s new horizon: 1 Undershaft Nicknamed the Trellis and measuring 309.6m in height, the 73-storey tower will be the same height as the Shard and sit between two other iconic capital buildings, the Cheesegrater and the Gherkin. Designed by Eric Parry Architects and commissioned by Singaporebased Aroland Holdings, the tower will provide 90,000 sq m of office space for London’s financial district. The design of 1 Undershaft is a very deliberate distancing from some of the more ostentatious buildings sprouting up in recent years across London. Speaking on his plans and the building’s

location, architect Eric Parry said: “It is the last piece in the jigsaw so I wanted to do something that isn’t flamboyant.” 1 Undershaft will offer a viewing gallery that will be free to members of the public, a restaurant and an education centre for school trips located on the top floor, which will be served by a dedicated elevator. The tower will look to play its part in reducing congestion within the capital with the creation of 1,500 cycle parking spaces to cater for the expected 10,000 office staff at the Undershaft. Showers and changing facilities will be on hand to further encourage people to get on their bikes. In terms of sustainability, the building’s façade will house horizontal fins that will reduce solar glare and the tower’s cooling load. Eric Parry commented: “1 Undershaft will create more of the quality office space that is desperately needed in the capital and will reconnect the city’s tall building cluster with the public.’ “This building will set new standards for the City in terms of comfort, quality,

environmental sustainability and putting the public at the heart of the tower. “Most tall buildings are used Monday to Friday but 1 Undershaft will be used seven days a week, with the public able to enjoy the new public square, viewing platform and restaurant every day. It will be the jewel in the crown of the City of London and something we hope Londoners will be very proud of.” If you’re at all curious about the naming of the building, please do not look to the shape of the building for your answer. Architect Eric Parry was keen to restore a visual link between two of London’s oldest churches, the neighbouring St Andrew Undershaft and St Helen’s Bishopsgate. St Andrew Undershaft was so named due to a huge maypole that overlooked the church from adjacent land in the 1500s. This led to the church being described as undershaft as a descriptive name for the church’s location. The building has been in the planning stage since July and a planning application will be made to the City of London early next year.

This new 62-storey skyscraper was recently granted planning permission by the City of London’s planning and transportation committee. The structure will be a revived version of the tower formerly known as the Pinnacle or Helter Skelter and will be officially known as 22 Bishopsgate. Standing at 278m, the building will no longer have the unique curled or tapered design at its peak that gave it its earlier nicknames and instead have a much broader width. 22 Bishopsgate will provide enough office space for over 11,500 people. There will also be spaces available within the building for food stalls, a library and medical and wellbeing facilities. The top of the building will host a restaurant and bar plus a free to visit viewing gallery. The new design was created by PLP Architecture and will be designed to attain a BREEAM Excellent sustainability rating. Echoing the thoughts behind the design of 1 Undershaft, Sir Stuart Lipton of the project’s developers, Lipton Rogers, said that the new design of 22 Bishopsgate would be a “quiet, elegant building, something that’s not too flamboyant. The City can’t be full of fireworks. When there are too many fireworks, they become a distraction.” Construction is expected to begin in early 2016 and be completed in 2019. The Rolling Pin Another distinctive looking creation, this as yet unnamed building has been dubbed the Rolling Pin due its circular look and is situated at Canary Wharf. It reminded me of a partially eaten corn on the cob but good luck marketing that.

The 57-storey tower has been designed by Swiss architects Herzog & de Meuron and stands at 219m, which will make it the tallest solely residential building in London. It will contain 468 apartments, ranging from studios to three-bedroom family homes and is part of a large-scale residential expansion formerly known as Wood Wharf in east London but is now called the New Phase. The Canary Wharf Group secured planning permission for the Rolling Pin back in July and is looking to create a more residential feel to the area. Commenting on the project’s approval, Sir George Iacobescu, Canary Wharf Group Chairman and Chief Executive said: “This decision is a major step in the progression of the New Phase, a development that will broaden and extend the Canary Wharf estate, adding to its vibrancy and continually expanding cultural, community and commercial offer.” Morello Tower The 55-storey Morello Tower is part of a £1Bn regeneration development in Croyden and is described by architects, Make, as a ‘vertical street”. The tower will be clad in bronze anodised aluminium and contain 433 residential units, plus ground and first floor retail spaces and a number of communal amenity spaces at different levels. The scheme comprises of four distinctive buildings along Cherry Orchard Road, including a 17-storey four-star boutique hotel sitting adjacent to Morello Tower. Oliver Wainwright writing in the Guardian described the tower as a “monstrous ‘Gotham City’ mega-block”. You may need to have a Bruce Wayne-style income to afford one of the luxury apartments. When Adam West donned the cowl, Batman walked vertically up buildings so this could be perfect for his London digs.

visual complement to the adjacent 225m 122 Leadenhill Street building, more commonly known as the Cheesegrater. The Scalpel will provide 59,400sq m of space for offices and a restaurant and is described in the building’s promotional material as “a sharp reminder of a rich history of commerce at the heart of London’s main financial centre, the City, and a symbol to a successful future.”

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22 Bishopsgate (formerly the Pinnacle or Helter Skelter)

The public areas at the base of the building will be fully exploited with the restoration of Lime Street Square and the opening of a new coffee house as a nod to location’s history and the original Lloyd’s Coffee House if the early 1700s. Work is now currently underway on the tower and expected to be completed by the end of 2017. It’s as yet unclear whether more buildings with medical equipment nicknames will pop up on the landscape. Perhaps keep an eye out for the Specimen Jar in the near future. Can of Ham (60-70 St Mary Axe) Do you adore the shape and contours of a can of ham? If you do, head over to 60-70 St Mary Axe in the centre of London. Designed by architects, Foggo Associates, the origins of the structure’s nickname are obvious. The 41,515sq m, 24-storey building will provide modern office facilities and ground floor retail space. The height and shape of the structure have been designed with strategic local views in mind. Vertical shading fins to the curved facades and glazed double wall cladding to the end elevations will help to reduce solar heat gains. Let’s hope the key to the entrance of the building doesn’t get broken off, leaving the people inside in need of rescuing with a tin opener.

The Scalpel (52 Lime Street) Situated on the corner of Leadenhall Street and Lime Street, the 35-storey tower will stand at 190m and be home to US insurance company WR Berkley Corporation amongst others. Nicknamed the Scalpel due to its thin razor-like edged design, the building is designed by Kohn Pedersen Fox (KPF) for client WRBC Development. It can count the Gherkin and the WalkieTalkie amongst its neighbouring city landmarks and is designed to act as a

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Looking back at 2015 As we enter a new year, NHBC Chief Executive Mike Quinton looks back at 2015 and how the housebuilding sector can expect to fare over the next 12 months. It is very pleasing to be able to take stock and look back at what has been another positive year for our industry. Continuing on from the favourable growth seen over the last three years, 2015 has maintained and improved upon existing new home levels with NHBC registrations showing another encouraging year. Challenges The year was not without its challenges and of course, we also experienced a very eventful General Election, with months of speculation in the run-up to May. However, much of the uncertainty for our sector, predicted by many around this period, failed to materialise with steady new home registration levels a constant feature through the whole year. I know that NHBC, and other organisations within the industry, have continued to emphasise this message, but despite the upturn for UK housebuilding, collectively we must not lose sight of the fact that the country still has a drastic shortage of quality new homes. Indeed, the issue of construction quality is paramount in all of NHBC’s work, engaging with the industry and its vast array of stakeholders to ensure build quality remains front and centre of this activity. It is now, more than ever, especially clear to see from NHBC’s registration figures that the sector has partly recovered

from the effects of the recession and to attempt to fully capitalise on this, we have been looking ahead at the new set of challenges on the horizon, with annual UK registrations almost back to their long-term average. At NHBC, 2015 saw a major recruitment campaign to bring on board more highly-skilled inspectors and new senior roles to help oversee and manage the increasing new home volumes we are witnessing across virtually all parts of the UK, and also for the growth we hope to see in the coming years. Additionally our new Major Projects Team, set to be based at our new London offices, will help support those customers building large, complex projects across the country but predominantly in the capital. These projects, overseen by a dedicated, experienced team, will often involve the use of innovative building techniques which are rarely seen in regular housing developments. Landmarks The year also saw the 30th anniversary of NHBC’s Building Control service, which carries out more than 400,000 inspections each year across the country and the 10th anniversary of our dedicated LQE service. The LQE team will be working on some notable sites over the coming year, including the landmark Priors Hall site in Corby, where 5,000 new homes are expected

to be built over the next 20 years. By evolving and tailoring our services, NHBC is able to offer an unparalleled range of inspection related provisions to our registered builders at this time of considerable growth in the UK new homes market. Despite the many challenges the housebuilding sector continues to face, NHBC has been an effective partner in supporting the industry, working with builders to stay abreast of changes, and retain the right skills to enable the construction of high standard and quality homes. As always, NHBC’s mission is to ensure construction quality of the very highest standard in new homes across the UK and that this emphasis on quality remains unwavering – particularly during periods of increased activity and production. For many of us, it can appear that the demands and pressures for new homes are unrelenting. But, by planning ahead as we approach the end of a buoyant three-year period for the UK housebuilding industry, we can more easily help those builders face the next set of challenges, regardless of size or sector. I sincerely hope that the next 12 months represents another productive and rewarding year for our sector and I feel that, collectively, we are well placed to ensure that this is the case.

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Considerate construction Mike Petter, Chairman of the Considerate Constructors Scheme outlines why In today’s world, we’re continuously faced with a barrage of information, advice and guidance - much of which can often lead to confusion, rather than being helpful. The Considerate Constructors Scheme (CCS) has, reassuringly, a clear and simple objective: to improve the image of the construction industry and encourage best practice beyond statutory requirements. The not-for-profit Scheme was established by the industry back in 1997, and has become the recognised force for improvement within construction. That’s a pretty important role given construction contributed £92Bn in economic output last year (6.1% of the total)*. Furthermore, the industry is forecast to grow by over 70% within the next ten years. Great growth opportunities and playing a pivotal part in the nation’s economy are, however, met with steep and urgent challenges: construction faces a dearth of workers – over 200,000 more are needed in the next five years, women continue to be underrepresented, and there’s growing pressure on the environment in order to meet the demands of an ever-expanding population. The industry recognises the Scheme’s impact on helping to tackle these challenges, so much so that it has become a tendering condition for a large number of publicly and privately funded projects. ´ How does it work? The Scheme works through the voluntary registration of construction sites, companies, sub-contractors and suppliers. These organisations agree to abide by the Code of Considerate Practice. They are monitored by industry professionals on their performance in three areas of the Code: consideration towards the general public, the workforce and the environment. Every year, the Scheme registers around 8,000 sites and makes over 15,000 site visits.

By displaying Considerate Constructors Scheme posters around the site, companies can promote their registration. The posters also provide a name and telephone number of the site manager or company contact and a Freephone number of the Scheme’s administration office should any passers-by wish to comment. Registered companies and suppliers can also display a vehicle sticker or magnet, showing their unique registration number, on every company vehicle used on the public highway. ´ Striving for better The best performing sites and companies are recognised at the Scheme’s annual National Awards programme. The awards range from the top achievement of ‘Most Considerate Site or Company’ through to Gold, Silver and Bronze Awards. Being an award-winner is a real badge of honour, and the achievement is highly revered across the industry. ´ Business benefits There are a number of compelling cases for gaining CCS membership: it can often support winning new business and help with the planning process, by demonstrating commitment to adding social value, minimising inconvenience for local communities and disruption to the environment. In many cases, registration with the Scheme is mandatory for some clients and the vast majority of major contractors register all of the sites with the Scheme. The advice and guidance provided during site visits has been instrumental in helping construction sites to become more efficient, whether it’s in how they communicate with their workforce through to developing stronger relationships with their supply chain.

organisations and project sizes, covering huge billion-pound projects right through to small scale building works. Earlier this year, the Scheme introduced the Best Practice Hub to share these examples with the industry. Any organisation can use the Hub and, once registered, can update it with their best practice examples, case studies and tips. ´ The next generation The Scheme plays a vital role in making construction an exciting, challenging and rewarding place for the next generation of employees. The Scheme developed the industry mascot, Ivor Goodsite, a costumed character for construction companies to use to engage with a younger audience to encourage safety on and around construction sites and to promote all that is positive about the UK construction industry. The Scheme also works directly with secondary schools, colleges and universities to speak to young people to get the message across that the industry offers great career opportunities - whether its skilled technical careers on site or across fields including surveying, architecture, planning, finance, HR, marketing and management. For further information about the Considerate Constructors Scheme visit www.ccscheme.org.uk *Construction industry: statistics and policy, House of Commons, 2015. **Construction Skills Network Forecast, CITB, 2015.

´ Sharing best practice With over 18 years of monitoring construction sites, the Scheme has collected a vast library of examples of best practice which exceed the requirements of the Scheme’s Code. Examples come from a range of

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Cutting costs, not cutting corners Benjamin Dyer of Powered Now talks about making smart use of your resources when running your trade business. Many tradesmen don’t make as much money as they could by failing to control major costs, focusing on costs that don’t matter, not investing where they should and not organising their affairs well enough. But can things be done differently? ´ Materials on site I have a personal “one hour rule” that states that everything you need to buy when on site takes at least an hour. You have to interrupt your work flow, get into the van, drive to the right outlet, park, go inside, source the materials, queue up, pay, then get back to the van and return to site. It takes an hour at best. That’s an hour that could be billed to a client. Even worse, you may end up paying full retail price with no payment terms. This all costs real money. So being really organised and making sure you carefully think through the job and get everything on site before you start, is key to keeping costs down. ´ Great people management One manager was telling me that his firm works in all weathers, then later told me he would like to be able to track where staff are, as they had an unfortunate habit of leaving early if it was raining or snowing! I don’t know if his staff love him, but that might be hard. In fact, if you can build loyalty to the company and recruit staff who take a pride in their job, you will save money. There will be less “resting” and less rework.

Obviously you need to try to recruit people who care in the first place. Then some of the ways to achieve better commitment are treating staff with respect, always praising in public and rebuking in private, seeking advice from staff and genuinely caring and showing flexibility if they have personal problems. This will increase their commitment to the company, which ultimately reduces your costs. ´ The tools of the trade Ironically, sometimes the best way to save money is to spend it. This is particularly true when it comes to tools. Having the right quality tools can save time, produce better results while the tools will often last longer, actually costing less in the long term. David Stewart of Stone Classics puts it this way: “Buy quality tools, they pay for themselves over and over again. I used to skimp on tools but it meant that I spent much more time on the job. Good tools turn into more profit.” In this area also comes computer automation. There are now many apps that can help construction companies, including the Powered Now app from my own company. Lots of money is being invested in new solutions and you have the chance to benefit your business by saving time and improving efficiency. ´ Use lower cost labour where it makes sense Not every job requires the same skills, and by employing an apprentice you can save money while helping the longer term future of the company. Matthew Stevenson of the fast growing company

The Landscape Company puts it this way: “Using apprentices is a cost effective way to employ young people … the payroll saving compared with employing someone in the conventional way can be up to 50%, and the government also gives you a grant to help.” ´ Watching the pennies My business partner, Chris Barling, tells me a story from the old days of the Greater London Council. Some of the council officers wanted to get a £3M commitment through a council meeting. They scheduled a discussion of a £3,000 spend for 20 minutes early on, then allowed five minutes to discuss the £3M spend later on in the evening. Unbelievably, it worked and they got the go ahead for £3M of expenditure. We mustn’t behave as stupidly as this council, focusing on the trivial and ignoring the important. The place to worry about cost is the large items of expenditure. So start on the biggest bills. Negotiate hard and shop around. Let the trivial stuff do its own worrying.

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The Art of Happiness and The Enemy Within Anyone who knows me will know I read a lot of business related books. This month, however, I have read something very different and equally as interesting “The Art of Happiness” by His Holiness the Dalai Lama and Howard C Cutler.

of these and other factors. Irrespective of how they manifest themselves, in the words of the Dalai Lama; they have “no other function than simply destroying us, both in the immediate term and in the long-term.”

Depending on where you sit in the food chain of construction, you may or may not have any great reason to be “happy”. After all, the construction industry has had a bit of a battering over the last few years and it’s not usually referred to as a place of “happiness”.

As someone who has spent a lifetime working for, or acting professionally on behalf of Specialist Contractors, I know how hard they have to work to succeed. And I also know that there are more than enough external “enemies” who have a negative impact on their business, so having “internal enemies” as well is almost too much to bear.

Indeed, the industry is known for adversarial, rather than harmonious relationships. So, when I read the following passage about “inner enemies” it got me thinking: “This is very different from an ordinary enemy… This internal enemy, this inner enemy, has no other function than causing us harm. It is our true enemy, our ultimate enemy. It has no other function than simply destroying us, both in the immediate term and in the long term.” Strong words for a book about how to be happy, I’m sure you’ll agree! The Dalai Lama was talking about the inner enemy within one’s own mind, but it reminded me of the “inner enemies” within our own businesses. Because, day after day in my work resolving problems for Specialist Contractors, I have a unique and objective view of their inner enemies, their very own “Enemies Within”. ´ The Enemies Within These “enemies within” organisations making up this great industry manifest themselves in a variety of ways, be it lack of knowledge, the wrong people, wrong thinking and/or a combination

But, the one thing about “internal enemies”, is that they are under our direct control. You may not think it sometimes, and you may need help to control them, but control them you can, and control them you must! The result of failing to control them is not a pretty sight. ´ Top Ten Enemies Within 1 Not understanding the contract 2 Not agreeing the basics of the contract properly 3 Ignoring contractual obligations 4 Failing to get written instructions 5 Failing to agree additional costs at the appropriate time 6 Not issuing proper notices when being delayed 7 Failing to understand and comply with the payment process 8 Failing to take remedial action when things are going wrong 9 Reluctance to escalate problems to the senior decision maker 10 Not taking appropriate advice sooner rather than later

´ Destroying The Enemy Within In many cases the problem is not an inability to take action but an inability to take appropriate action. There can be many reasons for the problem, but one of the most common is a condition that I have seen best described as active inertia. Active inertia is an organisation’s tendency to follow established patterns of behaviour, even in response to dramatic events such as lack of a business critical payment. Stuck in the modes of thinking and working that worked historically and perceiving turning to external help as a sign of weakness, or an unnecessary expense. Nor must Specialist Contractors assume that the enemy is paralysis, and that the best defence is action. In trying to dig themselves out of a hole, Specialist Contractors often end up digging it even deeper. Taking the wrong action itself can be the enemy. An independent view of what needs to be done will significantly reduce the odds of joining the ranks of the fallen. Whilst it may never be possible to completely destroy the enemies within, we can take steps to minimise their impact on the success of our business. If we don’t take action against them, they will destroy our business! Barry Ashmore is MD and Co Founder of StreetwiseSubbie.com which provides business solutions for Specialist Contractors throughout the UK.

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Design with metal theft in mind According to the Office of National Statistics (ONS) the number of metal thefts has declined to 27,512 offences recorded in 2014/15, representing a decrease of 35% compared with 2013/14. However, metal theft still costs the UK hundreds of millions of pounds every year and should therefore be considered in the design of new buildings. James Kelly, Chief Executive of the British Security Industry Association – the trade body representing the UK’s private security industry – looks at how construction sites can be protected against metal theft. The potential targets of metal theft are endless, ranging from railway infrastructure, plaques on graves or memorials to lead piping or roof tiles on houses, criminals will target valuable materials such as lead or copper for their extrinsic value. Metal theft is an attractive proposition for criminals due to the relative ease of passing them on and making a quick profit. Such materials are considered to be easily recyclable lucrative commodities and the culprits often utilise these raw materials in order to generate new products. Whilst there has been a decline in the number of metal thefts in recent years, partly due to the introduction of the Scrap Metal Dealers Act in October 2013 - which requires dealers to hold a licence to trade scrap metal – the ability for raw materials to be recycled, means that it is still not impossible for stolen materials to be sold on. New buildings tend to utilise an array of different raw materials throughout the construction process. Therefore, designing a building with the risk of metal theft in mind can be extremely beneficial, potentially preventing the loss of valuable materials once the building is complete. Security measures on construction sites should be implemented from the start of any construction process,

being considered in the design stage, right through to the final phases of construction. Metals are perhaps most vulnerable during the construction process when materials can be left unattended for longer periods of times. ´ Covert Security Many may have the impression that security measures consist of robust obstructions that are likely to compromise the aesthetics of a building; however, this is simply not the case. There are many covert solutions which can help protect the materials of a building, without affecting the building’s design. Many BSIA members have had direct experience of this sort of specification and have shown that effective security measures do not always need to be visible. One BSIA member, Optex Europe, provided a solution to a rural church in Essex, in the form of wireless virtual perimeters. A series of detectors were installed along the roof, creating a perimeter without the need for obtrusive wires. If an intruder happens to cross over this perimeter, key holders are alerted and can respond accordingly.

´ Marking materials Another key method of protecting metals from theft is by having materials asset and property marked. By marking materials with a forensically coded solution, if stolen, the goods are rendered worthless by either their covert or overt markings. Security marking gives police the opportunity to catch and convict criminals, and consequently, return the stolen goods to their rightful owners. The process of property marking involves uniquely marking items using a permanent marking product, and subsequently registering that item to a secure national database. Police can then check this database to see if items that come into their possession have been registered stolen. Security marking can also act as a successful deterrent to thieves by placing signs around a building site clearly stating that property has been marked. There are a wide range of marking solutions available, and BSIA members distribute a large proportion of the products in the UK that use forensic codes. In the interests of building aesthetics, there are a number of solutions that can be used which are invisible to the naked eye.

Another BSIA member, GJD Manufacturing Limited, partnered with E-bound to develop an electronic wireless roof system comprised of passive infrared motion detectors in order to detect intruders. Over 350 of these systems have been installed on various churches and heritage sites across the UK.

Whenever it comes to procuring any security product or service, the most important thing to consider is quality. Choosing a reputable security supplier is essential and will not only ensure that your site receives the best protection, but it can also prove more cost-effective in the long run.

In both of these examples, there has been a requirement for security which doesn’t affect the overall appearance of the building. But it isn’t just heritage sites that require these sorts of systems; many new constructions also require solutions that maintain a ‘clean’ look to the building. Covert perimeter security can be installed to fit all kinds of structures.

BSIA members are subject to rigorous quality checks that ensure that they are operating at the very highest level, to find a reputable supplier for any security product or service, visit: www.bsia.co.uk The BSIA’s website also hosts a variety of industry guidance publications, including guides on construction security and metal theft which are available to download free of charge.

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Why I have the best job in the World Richard Lane, director and lead consultant of Creonova Consulting, a KnowledgePoint brand. The consensus amongst several studies puts total waste within the industry between 30-35%, equivalent to around 5% of GDP. In other words, 5% of this country’s output is wasted. But it gets worse… Construction enables pretty much every other industry in this country – so you can effectively add to that 5%, the knock-on effect on all those other sectors. If construction companies are able to specify projects correctly and carry out projects with optimum levels of efficiency, that means better environments for education and for health and ultimately better business outcomes too. And it’s not just about buildings, construction is also very much about infrastructure, the transport network being a case in point. Inefficiency gets driven through the entire economy. So, if we can fix that issue, then it does truly represent a great opportunity to really improve the economic and societal impact that this country can deliver. In fact, BIM is like a Trojan horse for change. It is a catalyst for other things to occur. I’ve worked with many, particularly public sector, clients. Historically, most say they are too busy to think about

doing things better. They are so driven by their operational goals that they never take a step back and see that what they are doing is inefficient and wasteful. That’s why having BIM as an agent of transformation and the mandate to drive that change forces people to take the time to step back and reflect. They start to introduce changes that have nothing to do with BIM but that opportunity has given them the chance for wider evaluation. That means we see issues like whole life efficiency; exports; the image of the industry and skills development all being driven from a change that originates with the introduction of BIM. So, we see all of the target outcomes outlined in UK Industrial Strategy: Construction 2025 document suddenly appear a lot more achievable. When I first saw the numbers I must admit I did not fully believe them: delivering a 50% reduction in the overall time from inception to completion for new build and refurbished assets, for example, or achieving a 33% reduction in the whole life cost of built assets. Now I think these are actually a little bit soft. I think we can do even better than that by 2025! So, to go back to my point about having the best job in the world. Dan Pink in

his book ‘Drive’ looked at the research around motivation for individuals and found that it was not driven by financial reward it was driven by three factors – autonomy, mastery and purpose. I believe the transformation that’s being driven by BIM enables everybody to achieve all of these three. We get the opportunity to be autonomous. The leadership for BIM transformation in this country is not coming from the top executives, its coming from people at working level, people in different roles who are passionate about making a difference. They are not driven by financial reward. They are doing it because they are passionate about the subject, not because they are the top executives in their organisations. Government has been trying to change construction for 70 years. But with the UK BIM mandate and the movement within the industry, we have the chance to get it right this time. So please join me. If we all embrace it then we can really make this level of difference and change to our country. And if we can have that level of purpose in our work… why wouldn’t it be the best job in the world?”

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The Strange Case of the Hybrid Contract Over recent months, we have seen decisions starting to come through from the Courts addressing some of the issues thrown up by the payment provisions inserted into the Construction Act when it was amended four years ago. In the judgment given on 24 November 2015, in Severfield (UK) Ltd v Duro Felguera UK Ltd, these provisions again came under the judicial microscope. This time the issues arose in combination with an old chestnut which has caused difficulty since the Act first came into force 17 years ago. First, the old chestnut. The Construction Act applies only to construction contracts. Whether a contract is a construction contract depends on whether the work to be done under it comes within one or more of the various categories described in the Act (referred to as ‘construction operations’). That can give rise to difficulty but is tolerably clear. The problems start because the Act contains a list of exceptions, so that some contracts for construction operations are excluded. To make matters worse, there are some contracts which cover both work to which the Act applies and work to which it does not apply. It was one of these so-called ‘hybrid’ contracts that was before the court in the Severfield case. Now, the newer issues. One of the main purposes of the amendments to the Act was to toughen up the payment notice regime. Where the contract permits the contractor to make payment applications, the employer can no longer just ignore them. If he does not respond to a payment application with a payment notice or pay less notice, he must pay the contractor the amount applied for. This means the employer must now play fair. The recent cases have made it clear that the Contractor must play fair too. He should make it clear that he is making an application, how much he is applying for

and how it has been calculated. He should also send it in at the appropriate time. If the contract does not comply with the Act, provisions are inserted into the contract via the legislation to make the contract compliant. Does a hybrid contract have to comply with the Act and what happens if it does not? This was one of the issues the Judge had to deal with in Severfield. The Act itself does not tell us the answer and it is difficult to disagree with the Judge when he says that Parliament did not think it through. Unsurprisingly, the contract in Severfield had a single set of payment provisions. They did not comply with the Act. So, does the Act insert compliant provisions to replace the non-compliant ones? If it does, it would mean applying the statutory provisions to activities to which the Act does not apply. If it did not insert them, it would mean the Act was avoided in respect of activities to which the Act was supposed to apply. How did the court resolve this conundrum? They concluded the contract must have two sets of payment provisions. The ones drafted by the parties applied to work excluded from the Act and the statutory provisions applied to work which was covered by the Act. That sounds like an administrative nightmare for everyone. It would appear that neither party considered these issues when they drew up their contract. However, Severfield or their advisors did think of them part way through. Severfield argued that their interim payment application had not been met with a payment notice or pay less notice and that they must therefore be paid the amount of their application. That argument ultimately failed because the application included a

claim for payment for work which was not covered by the Act. The administrative nightmare required a separate application for the items covered by the Act. Severfield were not done yet though. They then mounted a claim for payment of the part of their application which they said related to work covered by the Act. Although there was a spreadsheet showing how the amount applied for had been built up, the amount applied for was the whole amount. They could not now, said the court, treat it as an application for just the work covered by the Act. It has to be clear that what is being submitted is a payment application and the application must make clear how much is being applied for and how that amount is calculated. The claim failed. There are two lessons to take from this. First, if the work involves any work to which the Act applies, use payment procedures that comply with the Act. Secondly, the Act gives payees a powerful weapon. However, when deploying it, do not try to be too clever and do play fairly. Mark Clinton Partner Thomas Eggar LLP

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Payment Notices and Successive Adjudications: Court of Appeal Update As discussed in earlier articles, the sum due as an interim payment to a contractor is normally the sum that results from the employer’s payment notice and pay less notice, if any. But if the employer fails to issue either a valid payment notice or a valid pay less notice, the contractor is entitled to be paid the sum for which it applied. This situation arises as a matter of contract under the JCT Design and Build contract but also as a matter of statute (the Housing Grants, Construction and Regeneration Act 1996) (“the HGCR Act”) under construction contracts generally. In ISG Construction Ltd v Seevic College (2014) and Galliford Try Building Ltd v Estura Ltd (2015), as described in earlier articles, Edwards-Stuart J’s analysis was that, where the amount of interim payment is fixed by the contractor’s application, the employer having failed to issue a payment notice or pay less notice, the amount applied for is deemed to be the correct valuation and is also deemed to be agreed. He decided it is not permissible to have a second adjudication, on the “true” valuation of that particular interim payment, when a first adjudication decides the sum payable on the basis of notices, although it would be possible to have an adjudication on the true valuation of the next interim payment. One of the recent cases on payment notices, Harding v Paice (2015), has now been to the Court of Appeal. Harding, the contractor, claimed in an adjudication the payment said to be due following termination. This adjudication was decided purely on notices, i.e. that the contractor was entitled to the sum applied for, in the absence of a valid

pay less notice. The court proceedings were concerned with Harding’s attempt to prevent a further adjudication, which Paice wanted to start, which would deal with the true valuation. The trial judge, again Edwards-Stuart J (but before ISG and Galliford Try), had decided that Paice could go ahead with the further adjudication. In Harding v Paice the parties were concerned with the final payment position following termination, not an interim payment, as in ISG and Galliford Try. Although the temporary position is that the parties are stuck with the position established by notices at an interim payment, an aggrieved party is not permanently barred from having the correct valuation decided in a subsequent adjudication. With a final payment, or at least a payment due on termination, Edwards-Stuart J was of the view that there could be a subsequent adjudication on the correct valuation of the very payment already decided in adjudication on the basis of notices. That is clearly correct in the writer’s view; what is much more in doubt is whether the different line taken by the judge in ISG and Galliford Try was correct in respect of interim payments. The Court of Appeal did not have to, and decided not to, look into whether the approach in those cases was correct. Jackson LJ in the Court of Appeal noted that what was decided in the third adjudication was a dispute with two issues. The first issue was characterised as “contractual” and was the issue of the amount payable as a result of the operation of notices. The second issue was valuation, i.e. the true valuation on

the merits (regardless of the position on notices). The adjudicator had made it very clear that he had decided only the first issue. What the Court of Appeal decided was that the second issue could still be decided in a further adjudication (upholding Edwards-Stuart J’s decision). It is likely that the same approach would be taken in respect of a final payment (in a case with no termination). It remains unclear whether the payment notice provisions of the HGCR Act apply to final payment or payment on termination provisions; the Court of Appeal unfortunately gave no guidance on this. Similarly, the Court of Appeal gave no guidance on whether, once an adjudicator decides the amount of an interim payment purely on notices, there can be a further adjudication on the “true” valuation of that very interim payment. If so, ISG and Galliford Try would be wrongly decided. That issue still remains to be considered by an appellate court. What one can say at this stage is that Jackson LJ’s clear distinction between the contractual and valuation issues does not fit well with the analysis in ISG and Galliford Try, which sought, with questionable logic, to blur this distinction for the interim payment in question (but for adjudication only, not the court) but to make the distinction in respect of any subsequent interim payment. For more information, contact Peter Sheridan Partner at Sheridan Gold LLP T: 01737 735088 E: psheridan@sheridangold.co.uk www.sheridangold.co.uk

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Vaccinate your Operation or you may be told to “Get on your Bike”! Cycle safety is now a critical issue particularly in London, where cyclists are at an all time high with over 600,000 cycle journeys a day in the capital. Every cyclist is in a very vulnerable position when using our road network. Cyclists and large vehicles are not easily compatible on the typical crowded, narrow winding and cluttered roads in our towns and cities. However like it or not, for the foreseeable future we are all going to have to share this ever more crowded space. Then comes the word “blame”. As a solicitor who has represented operators and drivers for 20 years in all sorts of cases involving investigations into serious road traffic accidents, blame is always a key factor. For serious road traffic incidents, as they are now called, the driver does not necessarily have to be wholly to blame to be guilty of offences such as dangerous driving or careless driving. When there is a death involved, causing that death becomes part of the offence and the sentencing involves almost inevitable imprisonment. As long as the inappropriate driving was part of the cause of the death then these offences can be made out.

Having dealt with a large number of cyclist related accidents over the years, it is fair to say in the vast majority of instances the person at fault was in fact the cyclist. Usually by failure to follow the Highway Code and on the face of it not obeying common sense. In other words they put themselves in harms way. From a criminal perspective that may mean you can run a good argument to get an acquittal for the driver involved, although even if the cyclist has done something stupid, that does not automatically provide a defence if the manner of driving still fell below the standard expected. In any event whilst these points matter to the driver in an investigation, no one wants to be in that driver’s position if they can possibly avoid it! Prevention is certainly better than cure. Drivers involved in a fatal road traffic incident may find themselves arrested, their fingerprints, photograph and DNA taken and held at a police station in a cell, which is not a pleasant experience for the uninitiated. This will often be shortly after the incident itself and the driver may well be very upset and shocked as the whole process is extremely stressful. The investigation may well take months with a number of police PACE interviews where the driver is reminded of the events time and time again, whilst it is crawled over looking for any element of failure by the driver. It is obvious how much stress this puts on not only the driver, but his family and friends also. This can all happen and often does, even if the driver has no criminal responsibility at all in the end. All this does not end with the driver, the employer may well be visited and asked to assist in the investigation. Sometimes this may include the seizure of their documents including the maintenance records, training records and driver’s hours records. The police will be looking to see if the employer “aided and abetted” the incident by failing in their management obligations, which could result in the arrest and detention of the directors and / or transport manager. In essence, one significant incident may well create a lot of major business and personal upset for both the driver and the business employees. In my experience, more often than not there is ultimately

nothing wrong with the driving or operation. So for all concerned prevention is better than cure. In this case therefore what is the vaccine? The primary vaccine is constant vigilance. By reminding drivers through documented training to remain constantly aware of the unseen, who may be in the blind spots on their vehicles. There are schemes out there now putting drivers on bikes to demonstrate what it is actually like when cycling, i.e. seeing it from the other perspective. Secondly fitting the vehicles with equipment designed to assist the drivers in identifying those vulnerable people that may be hidden at first glance. Thirdly, assisting the cycling community in its awareness of the issues of manoeuvring large vehicles in the busy streets. This can be done by contacting cycling clubs and inviting them to visit the yard and see for themselves what the blind spots are actually like, encouraging them through experience to keep clear. Remember many cyclists may never drive nor have a licence, they do not necessarily know the Highway Code nor do they have to pass any test. What may be obvious common sense to you and the driver may in fact be completely alien to the cyclist who has no real knowledge of the issues. In essence no right thinking person wants to seriously injure or kill another person, so the main objective is to develop systems and training to prevent as far as possible, this ever effecting your lives and businesses. TfL’s Safer Lorry Scheme in London are now dictating the equipment you will be expected to have on your vehicles, which is over and above that required by the European legislation. Whilst no one likes to have more costs and regulatory burdens put on their business, you may well find you cannot obtain work in London without meeting the requirements. Non-compliance ranking may work against you in tendering rounds, if not ruling you out altogether as with the FORS accreditation. Remember the objective is to save lives which must be in the interests of us all. Jonathon Backhouse, Director of Backhouse Jones Solicitors

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Creating habits for success: Four strategies for staying on-track By Michelle LaBrosse, CCPM, PMP®, PMI-ACP, Chief Cheetah and Founder of Cheetah Learning What habits do you need to develop to become a more effective Project Manager? Maybe you need to get more organized with your paperwork, or change how you spend your time each day to stay on-track with your projects, or shift how you respond to stressful situations. Regardless of the kind of habit you’re trying to form, you might find that changing your day-to-day behaviour is more challenging that you expected. It may be the case that you’ve tried before to adopt this new habit, but somehow got derailed from your goal. For this month’s Know How Network, we’ll be discussing the best recent research on habits: what it takes to form a new habit, and what to do if you find yourself straying from your planned course of action. Keep these strategies in mind when working to develop a new habit: Don’t despair if you mess up once or twice. Especially when the habits we’re trying to adopt are challenging, it is unrealistic to think that once we’ve committed to adopting them, we’ll practice them every day without fail. Research shows that missing a day does not, in fact, have a significant impact on your ability to adopt a new habit. The crucial thing is to recover from the slipup - fast. Missing one day is acceptable, but stretching this into five days will likely hurt your ability to make your new habit part of your automatic daily activity. Leave slip-ups in the past, and focus instead on what you have to gain by sticking with

your goal of developing a new habit. Be patient if the new habit still feels like a chore, even months later. Psychologist Jeremy Dean conducted original research on what it takes to make new habits and break old ones, and found that to do either almost always takes longer than the commonly-held perception of 21 days. Getting to the point where practicing a new habit (or losing an old one) feels automatic, he found, takes an average of 66 days. While adopting a simpler habit (like drinking water every day) may take less time, more complex or challenging habits (he gives the example of doing 50 sit-ups each morning) will likely take 80 or more days before they feel automatic. Tell others about your new habit. This is also called “accountability.” For the purpose of creating a new habit, though, it’s not necessary to have a partner or group that really holds you accountable; what matters is that other people know about the habit you’re trying to develop, and will know if you break it. Just being aware that others will know if you don’t keep up with your habit is sufficient motivation for many people to stick with their goals.

gained by adopting this habit. If the gains from adopting your new habit are less immediate (as in a diet), you can further motivate yourself to stick with your habit by setting up intermittent rewards for yourself - so long as you choose a reward that doesn’t break the habit! Over time, as your habit becomes a more automatic part of your daily activity, the rewards become less necessary. Following these tips will significantly increase the likelihood that you’ll successfully adopt your new habit to become a more effective Project Manager. And, as with all important projects, the best time to start is NOW. To learn more about Cheetah Learning’s online courses designed to help Project Managers develop more effective management habits, visit www.cheetahlearning.com

Finally, celebrate small victories. Beating yourself up for missing a day or two in the practice of your new habit is more likely to be more de-motivating than it is to be motivating. A better strategy is to keep track of how many days you’ve successfully carried out your new daily habit and reflect on what you’ve

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Connecting the future

A revolutionary API for bringing projects into sharp focus Lobster Pictures - the world leader in high quality remote time-lapse camera systems - is pioneering web API (Application Programming Interface) technology to give clients unprecedented access to their projects. UK Construction Journal speaks to Jon Hadley, Technical Lead for Lobster Pictures, about Lobster Vision, the company’s innovative web API technology and its many applications for the construction industry. For the uninitiated, could you explain how a web API functions and the benefit it affords? A web API is a set of tools and common commands created to allow separately developed computer systems - often developed by different companies, in

entirely different languages - to ‘talk’ to each other and exchange information more easily. In simple terms, think of an API as a translator and mediator. These systems could be performing entirely different and very specialised tasks, collecting highly useful data as they go. If both systems have a web API, then your developers can much more easily combine that data and glean a host of insights and benefits. For example via a Building Information Modelling (BIM) system, your developers could request (or export) an “image from yesterday at 10am” from our time lapse monitoring systems web API - ‘Lobster Vision’. This could potentially be ‘underlaid’ to your 4D BIM model, allowing you to map modelled progress against the reality.

Web APIs are also a great way of making data available to external developers, who have their own resources and creative inspiration. For example, the UK government has in recent years made useful public data available via Data.gov. uk, which has enable d independent organisations such as MySociety to create engaging sites to discover your local MP’s voting habits, such as They Work For You. How is Lobster Visions’s browser based viewer able to assist clients in accessing time-lapse images and high definition video? Time-lapse photography provides a highdefinition snapshot that informs, inspires and educates. We go further, giving our clients the ability to view, measure and share projects from anywhere in the world and at any time, via our

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proprietary viewer; ‘Lobster Vision’. Lobster Vision is our unique web interface, giving you unlimited access to your project. Ultra-high definition photographs are captured and transmitted to our secure servers, where you can access them through your desktop, tablet or mobile. Images can be embedded on your website, or saved for use in print, web or broadcast, and our highdefinition time-lapse films are generated automatically, so you can have a new film online every week. This system, hosted at www. lobstervision.tv/demo is available as standard to all Lobster Pictures clients. What specific applications does Lobster Pictures’ custombuilt web API have for the construction industry? The first, basic usage of our web API, is to allow construction companies with their own development teams to build their own custom branded websites using our imagery and data. Aside from BIM, a big area for research for us at the moment is in linking to other physical devices, such as sensors for noise, dust or vibration. For example, we are currently prototyping taking a near-instantaneous accompanying shot from our cameras when an API-linked noise sensor reaches a certain threshold is triggered. Paired with our super-hi-res 8K cameras (that’s four times the resolution of consumer 4K TV screens), you would have a powerful

source of information to explore the root cause of the noise disturbance alarm. We’re also working with widely adopted construction industry sensor suppliers, so all of these benefits could be provided with very little new kit or infrastructure. On a wider note, we’re fully on board with the burgeoning ‘Internet of Things’ movement, defined by Wikipedia as allowing “objects to be sensed and controlled remotely across existing network infrastructure, creating opportunities for more direct integration between the physical world and computer-based systems, and resulting in improved efficiency, accuracy and economic benefit”. We already supply historic weather data in our interface (incidentally, sourced via web API’s provided by the UK met office and others). Using web API’s you could even choose to take suitably christmassy shots when #uksnow begins to trend on Twitter in your area. How is Lobster Vision’s web API able to collate data for use in modelling? In addition to the existing three spatial dimensions of BIM (width, height and depth), Lobster Vision’s imagery is a natural extension to the fourth dimension; time. From discussions with construction industry leaders, it’s clear that 4D documents are an extremely useful tool to visually communicate deadlines and plans in a clear way, where other methods might not be understood or carry as much weight. This is particularly useful in helping to communicate to a wide and varied audience.

The ability to add even stronger visual information, such as nearlive time lapse imagery from a construction site, is a powerful step in pushing home these messages. Taking this process to its natural next step - being able to show planned future progress, overlaid on a live image - is invaluable in providing context and motivation to contractors, by illustrating how, for example, a cladding contractors three planned site visits affect the larger build. Real imagery of site progress is similarly useful for retrospective ‘lessons learnt’ meetings. Finally, although not a requirement for our web API to integrate with it, many BIM platforms (such as Autodesk BIM), provide their own web API’s, which could allow the Lobster Vision system to import BIM based data for its own purposes. What are the challenges associated with designing a multi-faceted web API that’s able to communicate with so many different platforms? The main challenge is to make sure we make all necessary functionality available to the web API. Our highly mature, custom hardware and software makes that task a lot easier. However we must also always remember that web API’s should remove, not create, barriers to communication between computer systems. To ensure that happens, we’ve created our API using existing and open international standards such as the JSON format for human readable datainterchange (an IETF RFC standard) and the ISO standard for date representation. What differentiates Lobster Pictures’ web API system from its competitors? Our competitors have closed, proprietary systems that cannot be used with external platforms. Alongside that, we’ve been in this market for a long time and have hardwon experience as to what works (and what doesn’t). Our patented hardware allows for innovation and integration where competitors ‘off-the-shelf’ systems are just not able to compete. We’re open about our API and how it functions, indeed our documents are online at docs.lobstervision. tv, for you to explore today. For more information on the Lobster Pictures service please visit their website or call them on 01173255671.

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Lobster Pictures offer the highest resolution monitored long term time-lapse camera in the world. Using Lobster Vision, an online viewer, you can see your site at anytime from anywhere.

Whatever the project, whatever the site, see it come to life in the sharpest possible detail. Discover what high definition time-lapse means for succesful projects lobsterpictures.tv Lobster Pot Camera Image: Stadium, Queen Elizabeth Olympic Park

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Advantages & Disadvantages of CDM 15 By Louise Hosking MCIEH CMIOSH IMaPS AIEMA SIIRSM Chartered Safety & Health Practitioner Director at Hosking Associates Ltd More than six months in, the transition period is far behind us and all construction projects are now subject to Construction (Design & Management) Regulations 2015. So, are the changes a good thing or not?

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1 Those who create risk are responsible for managing it. This means designers must follow the hierarchy of risk control when making design decisions and, if they are designing a workplace, comply with The Workplace (Health, Safety & Welfare) Regulations 1992. Projects must be designed so they can be constructed safely, used safely, cleaned safely and ultimately dismantled safely. 2 CDM15 places greater importance on the health part of health & safety. Every year there are 3500 deaths and 5500 new cancer registrations due to construction work. Requirements to protect workers during outdoor work have been enhanced and designers are expected to do more to manage occupational health risk when specifying materials, processes and sequence of work. HSE guidance on the development of the construction phase plan places an emphasis on managing dust, asbestos and fumes. 3 Duty holderâ&#x20AC;&#x2122;s responsibilities are more clearly defined. Clients are more accountable than they were, and are expected to use their influence to manage standards in respect of health, safety & welfare effectively. 4 The new role of the principal designer places the responsibility on a designer to consider H&S before the project reaches site, to coordinate H&S with other designers, liaise with the PC once work has begun and to create the health & safety file where they have been appointed. See 1 above! 5 CDM15 includes construction work in the domestic sector. It is widely expected the HSE will be focusing on whether builders working for homeowners are complying with standards during their future campaigns. There is far more free guidance than ever before aimed at the smaller builder and the CITB have developed a nifty app for creating a construction phase plan aimed at making everyone think before a spade hits the ground.

1 Some project teams are used to relying on a CDM-C to champion Health & Safety rather than themselves, so they do not have the skills, knowledge or experience (SKE) to actually design to the expected standard. The wealth of knowledge CDM-Cs have developed is potentially in danger of being lost. 2 Much greater expertise and understanding in occupational health risk is required for the project team to fully understand how good design and collaborative management can protect construction workersâ&#x20AC;&#x2122; health. CDM15 is now relevant for much smaller projects and clients may not be aware this is being fully managed - placing them at risk also. 3 Clients are more likely than they were to be prosecuted if something goes wrong. Clients involved in one off projects have to rely on the advice of others. 4 Many design organisations are unwilling or unable to become the PD. Some have experienced difficulties in respect of professional indemnity insurance and on some projects confusion has reigned. 5 Most home owners focus on cost when choosing their contractor. Commercial clients have always had shared responsibilities to manage their contractors safely, but under CDM15 the domestic contractor themselves will usually take these responsibilities. Responsible contractors may be able to demonstrate they have the ability to comply when they pitch for the work, but will anyone listen when faced with a potentially higher price? Many contractors and homeowners are unaware of the changes. Where more than one contractor is required, a PD must be engaged and a health & safety file provided to the domestic client at the end of the project. It may only be when a property is sold where this is discovered to be missing.

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TAC on Apprenticeships Sheila Hoile MBE is Project Manager for Technician Apprenticeship Consortium (TAC), supported by Association for Consultancy and Engineering (ACE). Few people can have escaped noticing the Governmentâ&#x20AC;&#x2122;s focus on apprenticeships and its ambitious target of three million apprenticeships by 2020. To put that figure into perspective, that means one apprentice needs to be recruited every minute for the next five years. This is the story of how a group of employers, the Technician Apprenticeship Consortium (TAC), working well in advance of the current Trailblazer initiative,

approached the challenge of developing and delivering technician apprenticeships; succeeding beyond theirs and othersâ&#x20AC;&#x2122; expectations. The first question to ask is WHY? There are three main reasons why TAC was created. The first reason is client pressure through procurement. Until 2010 few engineering consultancy practices ran apprenticeship programmes to develop technician staff. The companies had great

graduate programmes in place and, as is often the case, if something works there is no impetus for change. That impetus came from a client and the impact has been significant. In early 2010, Mott MacDonald along with several other major engineering consultancy practices won a place on a Transport for London (TfL) framework which had a condition that companies would employ and train apprentices.

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The second reason is the need to have sufficient number of people with high level skills to help deliver, amongst other things, the Government’s Infrastructure Plan. To quote Dr Nelson Ogunshakin, Chief Executive of the Association for Consultancy and Engineering (ACE): “It is clear to me that the optimism of ACE member companies, large and small, is tempered by a concern that they are finding it difficult and expensive to recruit and retain the highly skilled staff they need to deliver their projects. With an ageing workforce and a potential shortage of graduates the situation is only going to get worse. The sector as a whole urgently needs to find new ways to access and train the next generation of professional engineers. New apprenticeships open up routes for a pool of talent previously harder to tap.” The third reason is the recent introduction of the Apprenticeship Levy, which has been set at 0.5% of payroll with a £15,000 payback to assist smaller companies. Given the high calibre of staff employed by engineering consultancy practices the levy is going to make a major impact and companies will be looking for ways to recoup the levy through the recruitment of apprentices. Returning to the original impetus of the TfL requirement, it is worth noting that apprenticeships had become something of a lost art in consulting engineering. To add to the problem, there were few qualifications relevant to these technicians, colleges didn’t have appropriate day release courses and with companies, at this stage, only looking to take on two or three new technicians per year, or maybe some one year but not the next, it was hard to build a course with a college that they can afford to run. Hence, in March 2010 Mott MacDonald was instrumental in establishing a consortium of six of the largest UK engineering consultancy practices to plan and deliver an Advanced Technician Apprenticeship in Civil Engineering.

“These companies had to put an apprenticeship programme together from first principles,” explained Sheila Hoile, project manager for the consortium “The Institution of Civil Engineers were incredibly supportive, and because we had industry leaders proving it could be done, others quickly felt reassured that they could benefit too.” The growth of the Consortium since then has been rapid. “We started small to create the model, but it is almost too easy to forget how quickly it grew,” stresses Sheila. “There are 20 companies involved in our national group, and having started in London there are an additional 50 firms now engaged regionally as demand has made it possible to work with colleges outside the capital.” Not resting on their laurels, consortium companies have developed further technician apprenticeships in Building Services Engineering, Railway Engineering Design, and Transport Planning. The number of apprentices has also grown quickly. It started with just 8 apprentices in 2010, but had 400 new starters in autumn 2015 meaning there are now over 1,000 young people either on an apprenticeship programme or completed and continuing to develop their careers through further and higher education

the sector if their parents have worked in it already, but that offers a very small pool of talent that we need to reach beyond. We know that it isn’t always easy because many of the companies in consulting engineering, although they do exciting work all over the world, are not household names. So TAC reaches out to help young people recognise the opportunity and to help them with their applications. The growth in numbers also tells another story of cultural change that the consortium is proud of. Sheila Hoile comments: “Graduate programmes continue to thrive, but the employers are really pleased with the influence of their new technicians and want to increase their numbers as a proportion of the workforce. They are embedded into the company culture from day one of their development, and they are keen to learn beyond their apprenticeship – so they really help to generate a culture of advancement that works for everyone.” And so something that started out as a response to a client demand has become a powerful agent for change supporting companies large and small to recruit and train technicians with the right skills, knowledge and understanding to contribute effectively to the delivery of projects to quality, time and cost.

A defining feature of all the apprenticeship programmes is that they are developed with the support of the relevant Professional Engineering Institutions and are mapped to the Eng Tech requirements of UKSPEC. This gives young people an alternative route to a career as a professional engineer, and assures them and their parents that these are high value apprenticeship programmes, The consortium has taken a pro-active role in promoting these apprenticeships and supporting young people into them. There is strong evidence to suggest that young people are more likely to enter

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AS THE UK’S LARGEST PROVIDER OF ASSET FINANCE, LOMBARD HAS BEEN PROVIDING FUNDING FOR BUSINESSES FOR OVER 150 YEARS UK Construction Excellence spoke with Neil Lloyd, Head of Sales Development for SME Division, about the company and the many benefits asset finance provides. Could you provide our readers with an introduction to Lombard? What is Lombard's expertise?

Lombard is the asset finance business of The Royal Bank of Scotland. We specialise in providing funding for businesses to acquire a wide range of assets, from vans to dumper trucks and IT equipment to specialist excavation machinery. As the largest provider in the UK, we have around 400 relationship managers throughout the country, working with businesses across the spectrum, from start ups to FTSE 100 companies.

What can Lombard offer?

We have an extensive product range to meet different customer needs. For example, we offer traditional debt products like Hire Purchase which gives the option of ownership at the end of the term, but we can also provide Finance Lease and Operating Lease products which offer rental over a specific period of time which may, for example, span the fulfilment of a contract. In addition, we have bespoke product options like Capital Import Finance, which simplifies the process of buying assets from overseas, while reducing the risk. With 25 locations across the country, from Aberdeen to the Isle of Wight, our team of 400 relationship managers are based in the community. This means that our customers have easy access to our relationship managers, each of whom has valuable local knowledge, in addition to being specialists in asset finance. Importantly we take time to understand each customer’s business and their specific funding needs in order to find the right solution for them.

How would you define asset finance to the uninitiated? How can this form of funding benefit companies – those in the construction industry for instance?

It's a method of funding that allows businesses to acquire assets when they are needed, whether excavation machinery or laptops,

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while spreading the cost over a term that suits their financial circumstances. This is particularly important in the construction industry when specialist equipment may be needed for a specific period to fulfil a contract. Asset finance is also very flexible and payment terms may be spread over three, four, five years or longer depending on the type of asset and how it will be utilised. As the assets required in construction can be expensive and many companies don’t want to dip into valuable capital, asset finance enables these companies to make crucial investment that may, for example, allow them to compete for a specific contract. By using asset finance to fund this equipment, companies are able to acquire assets quickly and make their repayments from the cash generated.

How has asset finance helped businesses – SMEs in particular – to recover from the economic downturn? The awareness of alternative funding products like asset finance and peer to peer lending has increased in recent years. There is also more awareness of the benefits provided by asset finance. For example, as well as the advantages mentioned earlier, asset finance is a fixed term facility and therefore provides certainty that the terms won’t be changed once agreed. Also as the asset itself is the provider’s security, there's rarely a need for another form of collateral such as a director’s guarantee or a charge over a property. This means that asset finance is a very accessible form of finance.

In recent years the asset finance sector has experienced considerable growth. What factors have contributed to this? What future growth does Lombard envision?

We have seen an increase in investment levels in recent years. This is partly because many businesses were putting off acquiring new equipment during the recession - we saw a trend towards businesses 'sweating' their assets – making them work harder and last longer. Replacement cycles were pushed further and further. While a business would normally upgrade their machinery after five years or so, we saw more companies holding on to equipment and experiencing higher maintenance bills to keep assets going for longer. You can only push that so far however. If a company wants to remain competitive and win contracts, it needs to keep up with the latest technology and innovation.

As business confidence has returned, we’ve seen an increase in investment levels. In addition, incentives to increase investment have helped. For example, the introduction of the enhanced Annual Investment Allowance, raised to £500,000 until the end of 2015, which allows businesses to offset the purchase against taxable profits. In terms of future growth, we tend to look at the Oxford Economics forecast. For the construction sector, their forecast is that investment in the sector will grow 10% over the next two years, a figure that matches our own projections.

Lombard is unique in that it is a specialist asset manager. What does this entail? Which specialist sectors does the company provide for?

Asset finance is all that we do and we’ve been providing this form of funding for over 150 years so we understand not only the product and the market but through our team of asset managers, we have a lot of experience of the assets themselves and their future value which helps us to structure the right deal for our customers. While we work with the business as a whole, we focus on five core sectors which are agriculture, manufacturing, construction, technology and commercial transportation, as well as having a specialist green energy team. In addition, we have specialists who operate in the marine and aviation markets.

How do you anticipate Lombard continuing to develop in the near future?

I think we'll carry on investing in our people – improving our skill-set and making sure both our frontline and back office staff are provided with the best product and sector knowledge. We’ll also continue investing in our technology to ensure that we have efficient processes in place to support our customers. This would include being able to apply online in the future and to get credit decisions immediately.

What are your thoughts on the Government's Annual Investment Allowance (AIA)? How is the initiative helping to encourage industry growth?

The increased allowance has been a big step in the right direction. The AIA has gone from £25,000 to £250,000, and then last year it was increased again to £500,000. This higher level covers about 90% of all the assets that we fund so it is very significant and means that most of our customers can benefit from the AIA, providing they've got the right profits to offset it. The £500,000 level is due to come to an end on 31st December 2015. In the March 2015 Budget, the Chancellor stated that he would address AIA in the Autumn Statement. On the one hand that's good because we know it will be available until the end of the year. It’s also possible that this may create a push for investment while it is still available. However, the feedback that we have had from our customers is that many find it complex and, as a result, it's been difficult for the Government to get the message out there. JCB did a survey and they found that only 17% of their customers were aware of the AIA. Lombard followed that up and we found that only 23% of our customers understood what the AIA was (JCB Survey conducted September 2013). There's a real lack of awareness that the initiative is available and also how companies can benefit, so we recommend that businesses looking to purchase assets talk to their accountants or financial advisers to find out more about how they can benefit from the increased allowance.

To find out more about how Lombard could help you finance eligible assets: Security may be required. Product fees may apply. Call 0800 502402 Text Relay 18001 0800 502 402

VeloPark, image taken by Anthony Charlton at the Olympic Park in London, shortlisted in the Professional category of the EEF Photography Competition 2014 sponsored by Lombard, Canon and The ERA Foundation

UKC COMMENT

Priority School Building Programme continues apace The Priority School Building Programme (PSBP) sets out to address the individual needs of schools in the worst physical condition in the country, transforming them so that pupils and teachers can benefit from improved facilities including first-rate classrooms, multi-purpose halls and state-of-the-art drama studios. School buildings are now being rebuilt faster and cheaper than those built under the previous school building initiative Building Schools for the Future (BSF). Under the BSF it took three years or more for construction work to begin. This has been slashed to one year for the PSBP, with projects costing around a third less. Central government previously announced a further £2Bn of funding for the second stage of the two phase programme. In total 537 schools will benefit from construction over the two phases of the £4.4Bn PSBP. Schools Minister Lord Nash said: “Our

investment in school buildings across the country is transforming the learning environment for tens of thousands of pupils and their teachers. “Ensuring all children have access to the best possible schools and facilities is just one part of our commitment to help all young people reach their potential regardless of their background. These buildings will provide modern, fit-forpurpose schools for pupils for many years to come.”

bright classrooms, a multi-purpose hall, drama space and excellent sports facilities. Ahead of its move into the new building, the school donated its old furniture, including desks, chairs, filing cabinets and bookshelves, to Sanchaba School in Gambia.

A new sense of purpose In November 2015, 11 buildings reopened, thanks in part to almost £100M of construction work, bringing the total number to have been re-opened through the first phase of the PSBP to 60.

Craig D’Cunha, Principal of Chantry Academy, said: “Over the course of the last nine months we have seen some exceptional progress take place at the academy. Student attainment has improved, and there is a new sense of purpose at the school. Our official opening is a great way to celebrate this progress as well as looking forward to the future and our continued improvement.

In Suffolk, Chantry Academy has a ‘new sense of purpose’ following a £14.3M overhaul. The academy’s existing buildings have been replaced with a new three-storey building which provides

“The new building represents the importance the community places on the futures of the children of Chantry, not only for those who attend the school now, but for the thousands who will

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pass through its doors in the future. It’s an outstanding building which has already inspired our students to exceed their own aspirations. It will help us ensure the children of Chantry stand out amongst their peers.” Meanwhile, Wyvern College – an allboys secondary school in Laverstock – has reopened in a state-of-the-art £9.3M school building. As a result of the construction work, the school now benefits from modern classrooms, as well as a refurbished sports block and science facilities. There are also additional pupil places, which comes with help from Wiltshire County Council investment. Paul German, Headteacher of Wyvern College, said: “Wyvern pupils and staff are delighted to have moved into fantastic, purpose built, 21st-century accommodation. The completion of this project marks the culmination of many years of hope and aspiration alongside the dedicated hard work of a large group of people.

Elsewhere, pupils at two Tyne and Wear schools have celebrated the start of work to create schools fit for the 21st century. Marden High School and John Spence Community High School are among 31 schools across the North East to be rebuilt through the PSBP. At Marden High School, more than £14M of construction will deliver a new threestorey block and playing field in what the Headteacher, Alison Jackson, describes as “a new era” for the school. With £13M of construction, pupils and teachers at John Spence Community High School will also benefit from a new three-storey building, along with a refurbished sports hall and arts block.

John Roper, Project Director for principal contractor Sir Robert McAlpine, said: “We are proud to be delivering these schools as part of the Education Funding Agency’s Priority School Building Programme. They will provide exciting opportunities for the local community in terms of improved education facilities and employment prospects and we look forward to the successful delivery of the schemes.” Both projects are scheduled for completion later in the year. In total, construction contracts have been signed for 182 schools across the country, while all other schools are at various stages of design and development.

“For many years, pupils and staff have endured dilapidated and inadequate accommodation. This new build marks a huge investment in our school, the future and for boys’ education in Salisbury. Thanks to drive, determination and vision, with the expertise of Kier Group, we have a wonderful legacy and can face the future with huge confidence.”

Payment Notices, Interim and Final Payments – Time for a Free Lunch? They say there is no such thing as a free lunch, or is there? Many a shrewd contractor has relied on the payment provisions in The Local Democracy, Economic Development and Construction Act 2009 (“the Act”) to successfully obtain a payment from an Employer which is, and I choose my words carefully, over-inflated. I won’t pull my punches. The payment provisions in the Act are a mess and they have created uncertainty and very often some quite perverse results. Still it is not the job of any adjudicator, arbitrator or judge to question the wisdom or will of parliament. Parliament makes the law and it is our job as practitioners to apply it as best we can. OK, so now it is time to get down from my soap box and get on with what I want to talk about. It is not very often that the Court of Appeal is called upon to issue a judgement that will impact on the

construction industry as a whole. So when we hear from this higher tier of judicial authority it is a good idea to stop and pay heed to what is being said. The judgement in question is Matthew Harding (trading as M J Harding Contractors) (Appellant) -and- (1) Gary George Leslie Paice & (2) Kim Springhall (Respondents) and it concerns the thorny issue of what happens when a Contractor has applied for a final payment due under a construction contract and somebody on the Employer’s team has forgotten to issue a payment or pay less notice. Is the Employer doomed to accept that he must pay the Contractor its application value in full even if it has been completely overstated? Does the Contractor get its free lunch? INTERIM PAYMENTS Before we look at the Court of Appeal judgement and its impact

on final payments, let’s just remind ourselves what the law says in relation to interim payments. What happens where an Employer fails to issue a payment notice or pay less notice? Is it possible to review the interim certificate in a subsequent adjudication which then addresses the actual value of work done in order to reclaim an over-payment made to a shrewd Contractor? The leading legal authorities dealing with this proposition are be found in ISG Construction Ltd v Seevic College [2014] and Galliford Try Building v Estura Limited [2015] and, for now at least, the law appears to be clear. Where an application for interim payment by a Contractor becomes due and payable as claimed because of the failure of an Employer or his agent to issue a payment or pay less notice, then it is not open for an Employer to issue further adjudication proceedings in order to obtain a decision on the true

Regent House, Folds Point, Folds Road, Bolton BL1 2RZ t. 01204 632888 f. 01204362808 tvp@vinden.co.uk www.vinden.co.uk

value of work executed in the relevant period and to claim a repayment from the Contractor resulting from the alleged overpayment. In essence, the courts have made clear that if the value of an interim certificate is determined by reason of a failure to issue a payment or pay less notice then no review of that interim payment will be permitted. Whether or not you agree with this proposition, until this proposition is addressed by the Court of Appeal, this is where things currently stand. The Contractor gets his free lunch. FINAL PAYMENTS But what about final payments? Could an Employer really be put in a situation where, as a result of somebody’s failure to issue a payment or pay less notice, he is forced to overpay a Contractor with no redress open to him to recover any over-payment? This very issue was addressed when Matthew Harding (trading as M J Harding) v (1) Gary George Leslie Paice & (2) Kim Springhall [2014] came before the High Court. The dispute related to a post termination payment under a JCT Intermediate building contract. In an adjudication between the parties concerning the value of what would have been effectively a final payment, the adjudicator decided that the absence of a payment meant that the Employer must pay the value of the Contractor’s application in full. Perhaps not surprisingly, the Employer then issued a further adjudication requiring a decision on the actual valuation of the work done in order to resist payment of the first adjudicator’s decision. The Contractor responded to the

second adjudication by applying for an injunction on the basis that the first adjudicator had decided the value of the termination account. The Court decided, however, that the injunction would not be granted because the absence of a payment or pay less notice by the Employer did not convert the sum applied for by the Contractor into one that is properly due. The value of the termination account could be determined by the second adjudicator but in the intervening period the Employer was obliged to pay the first adjudicator’s decision. The Contractor was unhappy with this decision and obtained permission to have the judgement reviewed by the Court of Appeal. So now we come to the Court of Appeal judgement. Would it be persuaded to change the decision reached in the High Court? Part 7. of the judgement summarises the position rather nicely and I can do no better that to quote directly from this. “The claimant building contractor seeks an injunction to restrain the employer from proceeding with an adjudication to determine the sum properly due to the contractor following termination of the contract. The contractor also seeks declarations to the same effect.

In my view the employer’s failure to serve a Pay Less notice (as held by the previous adjudicator) had limited consequences. It meant that the employer had to pay the full amount shown on the contractor’s account and argue about the figures later. The employer duly paid that sum, as ordered by the previous adjudicator. The employer is now entitled to proceed to adjudication in order to determine the correct value of the contractor’s claims and the employer’s counter-claims. Therefore the judge’s decision was correct.” So now we know that failure to issue a payment or pay less notice will not prevent an Employer from seeking a review of the true value of work done, at least as far as final payment is concerned. So perhaps the saying that “there is no such thing as a free lunch” is right after all. 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.

The basis of this claim is that a previous adjudicator ordered the employer to pay the full amount shown as due on the contractor’s final account pursuant to section 111 of the Housing Grants, Construction and Regeneration Act 1996. This was because of the employer’s failure to serve a valid Pay Less notice. Mr Justice Edwards-Stuart dismissed the claim. The contractor now appeals to this court.

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UKC COMMUNITY

National Road Safety Week visits schools to help raise awareness The National Road Safety Week, coordinated by Brake, is an annual event which takes place between the 23rd and 29th of November with support from the Department for Transport and headline sponsors AID and Specsavers. Brake is a road safety charity that aims to stop needless deaths and serious injuries that take place on the roads. They support the message “drive less, live more” after surveys revealed that five people in the UK are killed on the roads each day.

Brake is a government-funded charity that holds national campaigns, community education and services for road safety professionals, in a bid to make streets and communities safer. It encourages all-around action regarding road safety and raising awareness on how individuals can play a part in the prevention of road collisions. Gary Rae, director of communications and campaigns at Brake, said: “Our Road Safety Week theme of ‘drive less, live more’ makes clear the link between improving road safety, preventing

casualties, protecting people and the planet, and our choice of transport. We understand that not everyone has freedom of choice in the way they travel, hence we continue to have a strong year-round focus campaigning for a safer environment for walking and cycling through our GO 20 campaign. We also support the efforts of partner organisations that are campaigning for better public transport. But our main aim through this November’s Road Safety Week is to help people consider the options open to them, and better

COMMUNITY UKC

understand the benefits of driving less, to road safety, health, personal finances, communities and the planet.” Road safety week has been offering examples of ways that schools can get involved in the events, such as survey’s, discussions, activity days, and fundraising along with Road Safety Week banners and posters that are available to order and display in schools, colleges and communities. Many employees took the opportunity to get involved, including Balfour Beatty who played their part in raising awareness in schools. Chris Hughes, risk manager, Balfour Beatty Utility Solutions, said: “Getting involved in Road Safety Week really helps us generate awareness about road safety all year-round and gets the message across to employees and our community. There are so many ways to take part - we would urge all companies to do so and help make roads safer.” Balfour Beatty and Abbeyfield Secondary School in Northampton created a new Guinness World Record during the National Road Safety Week event, with the title for most people wearing high-visibility vests as part of Road Safety Week.

The recording breaking achievement was held to help raise the profile of this year’s national Road Safety Week which focused on alerting people to the risks faced by road workers and how to minimise risks when driving. Students from Abbeyfield School, Belfour Beatty employees and supply chain colleagues from A-Plant and Greenhams, members of Northamptonshire Police and students from the local primary school, Queen Eleanor, all took part in breaking the record. A total of 1543 people wore the vests, beating the previous record by 68 people. The idea for the Guinness World Record attempt was inspired by the memory of a 13 year student of Abbeyfield School, who was tragically killed crossing the road in 2009. Balfour Beatty gave presentations on the importance of road safety, and held a road safety signage competition for students, with the winning signs being displayed on Balfour Beatty sites. Schools, nurseries and colleges can play a key role not only in developing pupils’ awareness of the risks on roads, but also

reaching out to parents and the wider community to help protect and save lives. One in five cars on the road during the morning rush-hour are doing the school run. Half of children are now driven to school, yet the average school run for primary schools is just 1.5 miles. A Brake survey of UK schoolchildren found three in four (76%) would like to walk and cycle more. Children who are encouraged to walk or cycle to school tend to engage more with their community, stay healthy, and arrive alert, relaxed and ready to start the day. Dean Banks, Balfour Beatty Managing Director UK Construction, said: “We’re proud to support Road Safety Week and have done so for several years with a wide range of events in schools, service stations and supermarkets throughout the UK. The safety of the public and our workforce is always Balfour Beatty’s primary concern and through our zero harm initiative we strive to ensure everyone goes home safe every day. We use Road Safety Week as a platform to highlight to our employees and the local communities in which we operate, the importance of road safety and awareness.”

UKC CIVIL

UK and UAE discuss opportunities in the sustainability sector In June, UK Trade & Investment (UKTI) the international business development arm of the British Government - organised a bespoke event at the Radisson Blu Hotel in Dubai for senior officials and professionals operating in the sustainability sector. The keynote speaker was His Excellency Saeed Mohammed Ahmed Al Tayer, Vice Chairman of Dubai Supreme Council of Energy, and Managing Director and CEO of Dubai Electricity and Water Authority (DEWA). Her Majesty’s Consul General to Dubai and the Northern Emirates, Edward Hobart, also spoke at the event, which was attended by more than 70 professionals from the design, engineering, sustainability, environmental, infrastructure and waste management sectors in the UAE. Speaking at the event, His Excellency Saeed Mohammed Ahmed Al Tayer, said: “His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, launched the UAE strategy for green development in the form of a long-term national initiative aiming

to build a green economy in the UAE under the theme of ‘Green Economy For Sustainable Development’. Accordingly, sustainability has become a key objective and has gathered global attention as it addresses holistically the social progress, environmental stewardship, and economic prosperity aspects. Building Green Future is part of the broad concept of sustainability as stipulated in the UAE Vision and Strategy 2021 and also in the 2021 Dubai Plan.” Her Majesty’s Consul General Edward Hobart said: “Ensuring that we manage our resources sustainably is a challenge for the whole world. The need for innovation has never been more important as we look to develop and adopt technologies and approaches to achieve this. The UK was one of the first countries in the world to adopt ‘Waste to Energy’ technology and has some of the oldest functioning plants. It is also in the forefront of developing newer technologies such as plasma and gasification to deal with huge amounts of mixed waste. A large number of UK companies are working successfully in this area in Dubai and Sharjah.

“Given our experience of delivering world class events like the Olympics, and as home to many world class cities, the UK is well positioned to support Dubai in delivering both Expo in 2020 and its ‘Smart City Project’ launched in 2013 by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai.” Ideas on the future of green buildings and sustainability and on waste to energy and water management were exchanged during the two panel discussions that took place. The event is part of the new campaign, ‘Grown in Britain’, aiming to promote and encourage innovation from agri-tech and sustainability, to creative industries, healthcare and life sciences. A number of events will take place around the world until 2020 to highlight the key challenges and opportunities in delivering a sustainable future. The ‘Grown in Britain: Global Business Programme’ began with the milestone of Expo Milano 2015, and will continue at the Rio 2016 Olympic and Paralympic Games, through to Expo 2020 Dubai.

CIVIL UKC

Business reforms pick up in Middle East and North Africa The pace of business regulatory reforms in the Middle East and North Africa has picked up during the past year, according to the World Bank Group’s annual ease of doing business measurement.

Credit’ is harder in the Middle East and North Africa than anywhere else, partly due to the absence of comprehensive credit bureaus that provide information relevant for assessing credit-worthiness.”

Released in October, ‘Doing Business 2016: Measuring Regulatory Quality and Efficiency’ finds that 11 of the region’s 20 economies implemented a total of 21 reforms facilitating the ease of doing business. This is a significant increase compared to the annual average of 16 reforms during the past five years.

Morocco and the UAE continue to lead the region in reform activity as both economies undertook four reforms each during the past year. The UAE was the only economy in the region that reformed in the area of ‘Enforcing Contracts’. As a result, commercial disputes in the UAE are now resolved in 495 days, which is less than the average of 538 days in the high-income Organization for Economic Cooperation and Development (OECD) economies.

The United Arab Emirates (UAE) is the region’s top ranked economy, with a global ranking of 31, while countries experiencing conflict and violence are amongst the world’s lowest ranked, including Iraq (ranked 161), Libya (188), Syria (175) and Yemen (170). Rita Ramalho, Manager of the Doing Business project said: “Despite the turmoil in several economies in the Middle East and North Africa, the pace of business reforms activity in the region is encouraging. “There is a lot of room for improvement, however. The share of economies reforming in the region remains lower than the global average, and ‘Getting

Both Saudi Arabia and Oman improved the most globally in the areas of ‘Registering Property’ and ‘Getting Electricity’, respectively. Saudi Arabia introduced a new computerized land registry system. It now takes an entrepreneur only six days to register property in Saudi Arabia, faster than in the Republic of Korea. Oman enhanced its measurements and tracking of power outages, making it is easier to assess the reliability of the electrical grid and its effect on the productivity of firms. Economies in the region carried out the most reforms in the area of ‘Getting

Electricity’ (four reforms), followed by ‘Starting a Business’ (three), ‘Dealing with Construction Permits’ (three) and ‘Trading Across Borders’ (three). Challenges, however, remain in a number of areas. For example, on ‘Starting a Business’, it costs an average of 26% of income per capita for local entrepreneurs to start their business, compared to three percent in the OECD. This year’s ‘Doing Business’ report completes a two year effort to expand benchmarks that measure the quality of regulation, as well as the efficiency of the business regulatory framework, in order to better capture realities on the ground. On the five indicators that saw changes in this report – ‘Dealing with Construction Permits’, ‘Getting Electricity’, ‘Enforcing Contracts’, ‘Registering Property’ and ‘Trading Across Borders’ – Middle East and North Africa economies do not perform well. On ‘Getting Electricity’, for instance, the new dataset finds that several regional economies face either frequent outages or do not track them adequately. Ranks of other large economies in the region are Algeria (163), Egypt (131), Iran (118), Morocco (75), Qatar (68), Saudi Arabia (82) and Tunisia (74).

UKC COMMERCIAL

Joint campaign launched to raise awareness for automatic enrolment The Department for Work and Pensions (DWP), together with The Pension Regulator, has launched a bold new multi-million pound initiative aimed at smaller employers and their employees. The joint campaign, which combines digital, TV, radio and press advertising with PR and social media activity, addresses a single theme – ‘Don’t ignore the Workplace Pension’. Though light-hearted, the campaign carries with it a serious message. While automatic enrolment into workplace pensions has been rolling out across the UK since 2012, it is only now that 1.8 million small and micro employers are being required to take action to help their staff to save for later life. As part of a phased process over the next three years, every employer will have to enrol their eligible staff into a pension scheme by law. The new campaign, which comes with the hashtag #DontIgnoreIt, was launched in late-October by Pensions Minister Baroness Altmann. The Minister comments: “We have made great strides forward by automatically enrolling more than five million people into a workplace pension – now the challenge is to make sure hardworking people with every type of employer get to enjoy this major financial benefit.

“This is a fun and quirky campaign but behind it lies a very serious message. We need everyone to know they are entitled to a workplace pension – and we need all employers to understand their legal responsibility to their staff, but also to feel more positive about engaging with workplace pensions. “This Government is committed to providing security for working people at every stage of their lives, and that includes giving people the chance to plan for a financially secure retirement. Automatic enrolment is a big part of that.” Since 2012, more than 5.4 million workers have been automatically enrolled into a workplace pension by almost 61,000 employers. By the time the process is complete in 2018, it is estimated that around nine million workers will either be newly saving or saving more into a workplace pension thanks to the policy. In the meantime The Pensions Regulator will continue to write to each and every employer in the UK to alert them to the fact that they have new pension duties. The regulator has also recently launched new online tools and information specifically aimed at small employers to help them through the process. Chief Executive of The Pensions Regulator, Lesley Titcomb, said: “Automatic enrolment has been successfully introduced across the

UK’s large and medium employers. This campaign aims to raise awareness amongst small and micro employers that they cannot ignore workplace pensions. “Our website and the letters we send out to employers have been updated to ensure they have clear information that is relevant to them and helps them understand what they need to do, and when, to comply with the law.” Automatic enrolment has already fundamentally changed the way society approaches saving into workplace pensions. Instead of opting in, as was the case in the past, all qualifying employees of large and medium-sized firms are now automatically enrolled by their employer provided they are over the age of 22 and earn more than £10,000 a year. This means that, as well as paying in themselves, their employer also makes a contribution to their financial future. Figures show that only around 10% of people who are automatically enrolled are choosing to opt out, significantly fewer than was expected when the policy was first developed. As a result the total amount that is expected to be saved each year by 2019/20 has been revised upwards to about £15Bn – more than a third more than the previous estimate of around £11Bn.

HR4UK:

All your pensions and auto-enrolment questions answered in one “How do I set up my company pension scheme to cover different types of employees and contracts?” “Where do I start with auto-enrolment?” “How will I know if my new pension scheme meets all the latest employment law requirements?”

Not sure where to start with pensions and auto-enrolment? At HR4UK, we’re working with UKCG to make straightforward, high quality pensions and auto-enrolment set-up and management available to employers in the construction sector.

Call 01455 630700 or Email info@hr4uk.com to find out more

UKC CIVIL

Genesis crowned Building of the Year 2015 The Millfields Trust’s new state-of-theart building Genesis has been crowned “Building of the Year 2015” by The Building Forum for Devon and Cornwall. The annual award aims to unite local people and organisations involved in the design and construction of buildings and the built environment. The Building Forum look to foster what it describes as “an intelligent and open-minded” approach to working on building projects in the region. Genesis is the first phase of redeveloping the Millfields Trust HQ site that lies at the heart of Union Street, a civic spine that connects the three old towns of Plymouth. The pioneering, ERDF and Heart of the South West LEP’s Growing Places funded project is designed to create employment and serve the local community. It comprises of flexible workspaces, meeting rooms, a full height internal atrium and Plymouth’s first living walls. The building, designed by local Architects,

Form Design features Portland stone cladding, the only vertical gardens in the South West and carved reliefs on each elevation. Built by Midas Construction, the project provided opportunities for community involvement, work placements and apprenticeships for local residents, ensuring ownership and pride in the achievement. Andy McAdam, Divisional Director for Midas Construction in Devon and Cornwall, said: “We are very proud that Genesis has been named Building of the Year. It was a truly collaborative project and one that everyone at Midas enjoyed working on hugely. As a local construction company, Midas was well placed to support apprenticeship schemes and create jobs in the local area through our strong network of subcontractors, as well as being committed to providing training opportunities to help local people explore career opportunities in the construction industry.” Steve Hindley, Chair of the Heart of the South West Local Enterprise Partnership

(HotSW LEP) said: “The Genesis Centre is a great example of development that benefits the local environment as well as the community by providing much needed employment space with and original and eye-catching architectural design. The project is an exemplar of the LEP’s Growing Places Fund, which is designed to unlock growth and create new jobs. “As Chair of Midas - the contractor for the project - as well as being Chair of the LEP, which has the strategic mission to generate funding, I am doubly proud to be part of this exciting new asset to Plymouth’s city-scape.” Council leader Tudor Evans said: “I’m delighted that this building has been awarded this accolade - it’s a great building, with really striking features that is making a big impact on one of Plymouth’s best known streets. “It’s great to see a project which is doing so much to raise ambition, encourage enterprise in the community be recognised regionally in this way.”

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