UK Construction Journal V18N07

V18 N07

ELDON LEISURE CENTRE MULTI-MILLION POUND REDEVELOPMENT

NEWS - 4

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COMMENTS 24 Improving Your Brain Health By How You Relate to Others - By Michelle LaBrosse, Founder of Cheetah Learning 26 The Housing Standards Review, what does it all mean? Steve Evens, NHBC Senior Area Technical Manager 28 Construction Industry offers to pay for new Government Official. Paul Manchester at Manchester Safety Services discusses why the construction industry is keen for the Role of Chief Construction Adviser to continue 30 James Kelly, Chief Executive of BSIA discusses the importance of site security 32 Rebecca Fennell, at Tensor Group, talks with us about changing safety regulations and the impact this will have on the industry 33 Joseph Bond, MD at Kenzie Group Ltd, tells us about Variations following Practical Completion 36 Telematics - how do they really affect your construction fleet? Alternative Route tells us how Construction fleets can save costs using telematics and tracking devices 37 The connected fleet is sparking a construction industry revolution, by George de Boer, TomTom Telematics 38 Peter Sheridan, Sheridan Gold LLP. Payment Notices and successive adjudications 39 Playing a let - Sarah Evans, Senior Associate at Thomas Eggar 40 Benjamin Dyer of Powered Now gives us tips on improving quotes 41 How BIM Smart is your Project Manager?

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

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CASE STUDY 42 Property Care Association - Promoting skills and good practice 47 Turning Visions into reality, how BIM is changing the future of construction. Richard Allen at voestalpine Metsec Plc looks at the importance of BIM 48 Alliance Leisure completes multi million pound leisure redevelopment 50 Annual Investment Allowance - How it affects your business 52 The Smart dilemma - We are told that Smart Cities, Smart Grid and Smart Meters (not to mention certain companies that promote a Smart Planet!) will be the saviour of all known problems. Technology we are also told will solve what man has been unable to grapple with so far‌ doing more for/with less!

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COMMERCIAL 55 DriveIt: The Light Vehicle Commercial Show 56 Bristol Water Plc Head Office redevelopment

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

UKC NEWS

2015 World Architecture Festival and INSIDE Shortlists announced A staggering array of architecture and design practices from 46 countries are competing to win a coveted 2015 World Festival of Architecture Award following the recent announcement of the shortlist.

The eighth annual World Architecture Festival shortlist consists of 338 projects across 31 categories, ranging from small family homes to large commercial developments and landscape projects.

A substantial rise in entry numbers mirrors the global economic upturn in development and construction. The country boasting the largest number of shortlisted projects is Australia, followed by the UK and then Turkey - all of which have seen significant social and economic resurgence in the last few years.

Major world architects shortlisted include Foster & Partners, Zaha Hadid Architects, Herzog & de Meuron, OMA/ Ole Scheeren, Rogers Stirk Harbour, Rafael Vinoly Architects, BIG, Grimshaw, Heatherwick Studio and Carlos Ott. As usual a host of small practices unknown outside their own countries will pitch against the big names, presenting the shortlisted work to a 50-strong global awards jury. From small projects making a local contribution, such as a school in Burkina Faso designed for the architectural

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charity Article 25, through to large scale Olympic stadia transformations by US sports giant Populous, all manner of architectural interventions are celebrated.

Regardless of their practice size and reputation, all shortlisted entrants will this year gain double exposure, having their projects exhibited across two continents. The shortlist was on show at the new satellite WAF London in June, and will arrive at the annual World Architecture Festival 2015 in Singapore this November. All shortlisted practices will be vying to win not only their individual categories, but the ultimate accolade of ‘World Building of the Year 2015’.

Singapore will present an opportunity for shortlisted architects to network and discuss the big conversations affecting the industry, as well also providing a chance for professional critiques from this years WAF ‘super jurors’: Royal Gold Medallist Sir Peter Cook (UK), Sou Fujimoto (Japan), Benedetta Tagliabue (Spain), Charles Jencks (UK/US), Kerry Hill (Singapore) and Manuelle Gautrand (France).

Running concurrently with WAF, INSIDE comprises of the most original and exciting interiors from the last 12 months.

Nominations have poured in from 16

countries spanning four continents across the nine diverse categories that make up the awards. Among those competing are two dentistries, a music arena, two cinemas and a global TV studio.

Shortlisted designers include Benoy, Hassell and Woods Bagot. Chinese practice One Plus Partnership cap off a successful year with three nominations and make up some of the 12 projects that have been shortlisted from China and Hong Kong. Host nation Singapore have eight projects nominated, Australia seven and the UK have five. Again all nominees will compete in the form of live presentations and debates to a distinguished jury during the festival in November.

WAF Programme Director Paul Finch commented: “We are delighted with the diversity and exemplar quality of submissions this year. Our international juries are in for a tough time deliberating on the category winners. We look forward to another inspirational event in Singapore this November.”

WAF and its sister event, INSIDE World Festival of Interiors, are supported by sponsors including Grohe and Akzo Nobel.

Media partners include the Architectural Review, the Architects’ Journal, and Dezeen, the leading online design hub.

New, large affordable family eco homes scheme in north Ealing sets the bar Much-needed, affordable family eco homes built for Ealing Council have been completed on time and within budget thanks to the careful project management of Birmingham based Allen Construction Consultancy Limited.

Located on what was poor quality land on Wincanton Crescent in Northolt, the £700,000 scheme offers one detached and two semi-detached homes built as part of Ealing Council’s new build affordable housing pipeline.

These three-bedroom properties have been built to very high design specifications and eco standards using timber framed Structural Insulated Panel (SIP) construction. This saves time, is cost-effective and offers durability as well as superb levels of insulation and energy efficiency, significantly reducing energy bills for occupants.

The properties incorporate a range of eco features such as mechanical ventilation and heat recovery units, high performance glazing, and permeable

paving made of recycled tyres and stone chips, reducing the level of excavation required for drainage. Additionally, attractive living green screens provide an ecological, low maintenance alternative to traditional fences and walls.

Project management and sustainability experts Allen Construction Consultancy were appointed by Ealing Council to oversee the whole process of surveying, designing, planning and building the scheme to ensure that the design and eco requirements were delivered efficiently and cost-effectively through clever use of Value Engineering. This reduced the cost of the off-site manufacture of the scheme by some 20%.

Paul Quinney, Director for Allen Construction Consultancy, said: “This scheme wasn’t without its challenges but we’ve worked closely with Ealing Council and others to ensure that the goals were fully met. We are especially proud to have been able to bring new creative methods of construction forward that made the

whole building process more efficient, resulting in attractive eco homes that will minimise tenants’ fuel bills.”

The beauty is that these building methods are easily transferred and can be applied to other similar schemes, making it more feasible to increase the supply of good quality housing where it is badly needed.”

Councillor Jasbir Anand, Ealing Council’s cabinet member for housing, employment and skills, added: “We’re doing everything we can to increase the supply of affordable family homes in Ealing, so we’re very pleased with the completion of this scheme. The project team’s attention to detail has ensured successful delivery of new homes that we know are desperately needed.”

The scheme was funded by Ealing Council and supported by the Greater London Authority as part of a drive to build new homes in the borough. The contractor was Sandwood Construction Ltd.

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UKC NEWS

Construction begins on new TfL building at Stratford’s The International Quarter With a symbolic first cut of the spade, construction has officially started on the new Transport for London Building at The International Quarter - the £2.1Bn development at Stratford, which, at a total of four million square feet, is one of the largest new commercial developments in London.

Lendlease and London & Continental Railways (LCR), joint venture partners delivering The International Quarter, recently held a ground-breaking ceremony for the landmark 265,000sq ft building, which sits at the gateway to the Queen Elizabeth Olympic Park and will provide TfL’s third accommodation hub, housing 3,000 TfL workers from autumn 2017.

An estimated 1,200 jobs will be created on site at The International Quarter by spring 2018 and to ensure as many of these roles are given to local people as possible, Lendlease has recently partnered with Newham Council, Newham Workplace and Building Crafts College to deliver a ten week training programme to upskill unemployed Newham residents in construction.

The programme has already seen four trainees offered jobs at The International

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Quarter development in Stratford by the site’s specialist contractor Prater.

The ground-breaking ceremony was attended by Victoria Quinlan, Chief Operating Officer, Lendlease David Joy, Chief Executive, LCR Steve Allen, Director of Finance, TfL Cllr Lester Hudson, Deputy Mayor of Newham, Neale Coleman, Chair, London Legacy Development Corporation, Ian Crockford, Project Director, The International Quarter, Lendlease.

Ian Crockford, Project Director, The International Quarter at Lendlease, said: “Construction starting on the landmark Transport for London Building is a key milestone in our ambition to create the most agile, healthy and flexible workplaces in the capital. The International Quarter will be London’s newest and most progressive business district, delivering significant local employment opportunities and cementing a lasting legacy for East London’s economy.”

The joint venture partners behind the project, Lendlease and LCR obtained detailed planning permission for the new TfL office building in March 2015.

Designed by Rogers Stirk Harbour + Partners, and developed by joint venture partners Lendlease and LCR, the new TfL building located on Plot S6 at The International Quarter, adjacent to the London Aquatics Centre and the Westfield Stratford City shopping centre.

The Financial Conduct Authority (FCA) recently committed to 425,000sq ft within a new 515,000sq ft building at the development, while Lendlease and LCR are in discussions with a number of other major tenants about moving to The International Quarter.

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Taking your business to a better place H3 Partners is a leading provider of Business Change Programmes using Organisational Change Management frameworks to help transform businesses from within.

engineers are incomplete. They need to look upstream to set the measure in the context of the whole end-to-end procure to pay process.

In this, the second in a series of discussions, UK Construction Excellence speaks with Rod Horrocks, Director of H3 Partners, about the challenges associated with Performance Measurement and the importance of understanding a business end-to-end.

The other issue comes when businesses fail to engage with people on the front line, asking questions such as “This is how it’s being measured, do you know why it’s like that?” Many companies do not even have these conversations with front line staff on the issue of designing and setting targets; therefore without their involvement you have no buy-in.

We spoke previously about the importance of Performance Measurement. Proper implementation isn’t always an easy proposition however. How can poor implementation of a measurement system negatively impact a business?

Whenever you measure a process there will be a change in behaviour. Therefore if a business creates measures with the wrong targets, or measures employees on processes were they cannot affect how those measures are implemented – i.e. giving them a dashboard but not a cockpit – or the measures have been set without consultation the change in behaviour will be negative.

Employees won’t work hard to improve and reach new targets if they believe that they can’t make it happen or if the people up or downstream are effecting how they perform, they end up becoming very siloed – trying to optimise their performance without worrying about anybody else’s. They might achieve a goal they can justify but they won’t achieve the overall process goal.

The same goes for unachievable or unagreed measurements, this will result in negative behaviour; a natural reaction, we’re human beings, not automatons.

What common issues might companies looking to implement Performance Measurement come up against?

First of all, businesses tend to measure the individual parts of an end-to-end process. They look at the targets for part of the process without looking at those required to impact end-to-end. If a business is only raising PO’s for 80% of their purchase orders and it should be 100%, they might think that the improvement is in the purchase ordering department and that they need to be more efficient. But the reality is that the 20% are the ones that can’t be raised because the requisitions from the

How do H3 Partners ensure a more accurate appraisal of a Companyís performance?

We start by documenting all the key end-to-end processes, reviewing the individual steps and making an honest assessment of the present performance.

An example is … one of the major suppliers to the construction industry wanted to get their performance of orders shipped down from 48 hours to four hours. The company worked hard on process redesign and implemented changes, but they didn’t tell the construction companies, who were used to having two days’ notice.

When the orders arrived in four hours those companies didn’t have space in the yard and so they were having to send half of them back! Without checking with one of the actors in the process, the customer, the effort in design could have been better directed.

Businesses have to think about the consequences, and not just inside the processes of their own company. Can their customers or suppliers handle what they are changing in terms of performance and is the change of value to both parties?

To read the interview in full, please visit UK Construction Online: www.ukconstructionmedia.co.uk For more information about how H3 Partners can improve your business please visit the Company’s website: www.h3partners.co.uk or download H3 Partners’ Performance Measurement e-Book: www.h3partners.co.uk/wp-content/uploads/2014/0 6/H3-Partners-ebook1.pdf

caroline@h3partners.co.uk

www.h3partners.co.uk

UKC NEWS

20 Fenchurch Street recognised for its sustainability credentials One of the newest additions to London’s City skyline, 20 Fenchurch Street, EC3, has been confirmed as one of the most sustainable buildings in the City of London after achieving a BREEAM 2011 Excellent rating.

The development was given a postconstruction score of 80.2% by the Assessors at BREEAM (Building Research Establishment Environmental Assessment Methodology), the world’s leading design and assessment method for sustainable buildings.

Joint developers Canary Wharf Group and Land Securities set out to ensure the 38-storey tower, known as ‘The Walkie Talkie’ was one of the most sustainable buildings of its type in London, and have deployed a number of innovative measures throughout the design, construction and operational phases.

These include: • Themographic surveys: using the same technology as fire and rescue search teams, the thermal conductivity of the entire facade was checked and found to conform with exacting heat loss performance standards.

• UK’s largest green wall: providing a much-needed plant and insect ecosystem, an important habitat for nesting birds, and valuable green infrastructure.

• Low zero carbon (LTC) technologies:

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roof mounted solar PV (photo voltaic) panels are predicted to generate 27,300kWh of electricity per year.

• Certified Sustainable Sourced concrete and structural steelwork: all certified as Sustainably Sourced in accordance with the BRE Global Standard BES 6001 Responsible Sourcing of Construction Products.

• FSC certified timber: one of only 80 projects globally and 44 in the UK that have achieved this certification which recognises the incorporation of wood products from responsibly managed forests that provide environmental, social and economic benefits. 20 Fenchurch Street was a FSC Full Project for the shell, core and full fit-out of the Sky Garden and restaurants, common areas, the pocket park, annex building and levels 14, 15, 16, 17, 35, 36, 37.

• Recycling construction waste: 96.4% of all construction waste was diverted from landfill and either reused, recycled or recovered through a variety of onsite and offsite resource management processes. For example, all excavated material was reclassified under the CLARE Code of Practice and was sent for use as fill material in an offsite land reclamation project. Unwanted timber pallets and packaging was re-used by an exporter of military memorabilia.

• Noise and air quality monitoring: real time noise and dust monitoring

stations were established during the construction process which were used to help the site team monitor and maintain noise and air quality within acceptable thresholds. The data was used to help inform a pioneering report on construction air quality within the City of London, in conjunction with City of London and Southbank University.

Additionally, 20 Fenchurch Street boasts the first hydrogen fuel cell to be installed in a commercial building in the City of London.

The fuel cell, which will be switched on later this summer, produces heating cooling and electricity, generating 300kW of low carbon, low emissions electricity, reducing the building’s carbon dioxide emissions by at least 270 tonnes per annum.

Caroline Hill, Head of Sustainability (Energy & Environment) at Land Securities, said: “We’re delighted that 20 Fenchurch Street has achieved a BREEAM Excellent rating.

Together with our joint venture partners, Canary Wharf Group, we’ve worked hard to find innovative ways to enhance the building’s sustainability credentials, and we’re proud that the finished product is having as positive an impact on the environment as it is on our office customers and visitors to the Sky Garden.”

The office space at 20 Fenchurch Street is nearly fully let while the Sky Garden opened to the public for free in January.

Official opening of the DP World London Gateway Logistics Centre Robert Goodwill, Minister for Transport, has visited DP World London Gateway to mark the official opening of the first distribution centre at what is set to become the largest logistics hub in the UK. Mr Goodwill was joined by DP World Chairman, His Excellency Sultan Ahmed Bin Sulayem, to formalise the opening of the centre during a ribbon cutting ceremony.

The first phase of this high tech unit, which comprises 16,800sq m (180,000sq ft) of distribution and logistics space and 2,400sq m (25,000sq ft) of office space, has been finished to BREEAM ‘Very Good’ standard, the world’s foremost environmental assessment method and rating system for buildings.

Based on market demand, DP World is now planning to increase the size of the centre to 36,000sq m.

In partnership with DP World, the centre is being operated by Import Services Limited, a leading UK logistics services provider, offering a variety of activities on a pay-as-you-go basis.

Robert Goodwill MP, Parliamentary Under Secretary of State for Transport, said: “I am delighted to have been able to open the London Gateway Logistics Centre, which is the next step in this ground-breaking development on the north-bank of the

River Thames which is breath-taking in its size, scale and attention to detail.

“DP World London Gateway is an excellent example of the benefits inward investment brings to UK infrastructure and the economy.

“Any project that gives the country an edge, whether it be generating supply chain efficiency or leading the way in environmental sustainability, should be commended.”

HE Sultan Ahmed Bin Sulayem, Chairman, DP World, said: “Our new DP World London Gateway Logistics Centre is the next landmark in this unique development for the UK and I am delighted to be here today with the Minister for Transport.

“DP World London Gateway is transforming UK supply chains and this new logistics hub has been constructed to the highest quality and environmental standards. It is the perfect example of how retailers and cargo owners can achieve cost savings by positioning themselves strategically, here, in the right location for trade.

“Our team has worked hard to deliver the first building at the London Gateway Logistics Park. I would like to congratulate them on producing a world-class edifice, fit for the challenges of 21st Century logistics.

“Our next building, in joint venture with

Prologis, is progressing well and we expect it to be ready in September.

John Eynon, Managing Director, Import Services Limited, said: “In just two months of operations at the new London Gateway Logistics Centre, the strong demand for our services means we are already approaching capacity of phase one and now seeking to accelerate development of additional warehousing space at London Gateway.

“Services, such as cross-docking, high volume order processing, pre-retailing, distribution to the Majors, Multiples, Indies and direct to consumer, are all in demand at this unique location, which combines the supply chain benefits gained from both portcentric and market-centric logistics.”

The DP World London Gateway Logistics Park is located adjacent to the UK’s newest deep-sea terminal, with its excellent location, on the door-step of the largest consumer market in Western Europe.

The London Gateway container port combines new technology to bring previously unseen reliability and efficiency to supply chains by safely operating nonstop through adverse weather conditions.

The DP World London Gateway Logistics Park is set to become one of the largest of its kind in Europe.

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Limitation and Adjudicators' Decisions Limitation is a difficult area of law. At what point in time can a person or entity ever be truly sure that it may not be sued in contract, tort or on some other basis? These are questions that have lawyers reaching for the aspirin bottle before attempting to explain this complicated area of law to innocent, blissfully unaware clients.

Limitation and adjudicators' decisions are no different.

So what about adjudicators' decisions? You may have just won your case, the cash may be in the bank and the champagne corks are popping but hold on a minute.

Adjudication decisions are only temporarily binding unless both parties have agreed prior to the issue of the decision that it will constitute a final determination of the dispute. So at some point you may face a claim in the courts or arbitration (if you have contracted to resolve disputes by arbitration rather than the courts) for a final determination of the dispute.

Looking at this from the other side, perhaps you are the losing party and you truly believe that the adjudicator made a hash of things, had a bad day, went temporarily insane or was under the influence of a questionable substance, or even all four – it does happen – and you will need to re-run your case in court or arbitration at some point. How long can you wait before you must bring a claim for fear of it becoming time-barred?

It appears that we now have the answer to some of these questions, courtesy of a decision of the Supreme Court in the case of Aspect Contracts (Asbestos) Limited v Higgins Construction Plc [2015] UKSC 38, which addresses the interaction between the adjudication provisions in the Scheme for Construction Contracts (England and Wales) Regulations 1998 ("the Scheme") and the statutory law of limitation. Let me set the scene.

In 2004 Aspect carried out an asbestos survey for Higgins on the Ivybridge Estate in Hounslow. It appears that Higgins relied on the survey when pricing some redevelopment works on this site as in 2009, five years later, Higgins commenced an adjudication against Aspect claiming over £800,000 in damages for asbestos missed by Aspect in its survey, which Higgins said has caused a critical delay to the project. The Adjudicator agreed in part with Higgins and decided that Aspect should pay Higgins £490,627 which Aspect duly discharged.

Now fast forward to April 2012 when Aspect decided to issue court proceedings to reclaim the payment made to Higgins and Higgins, in turn, counterclaimed for the balance of its original claim in the adjudication.

The court had to deal with a number of issues including a) was Aspect able to challenge the original adjudicator’s decision and recover any over payment made to Higgins, b) was the claim time-barred, c) if Aspect's claim wasn’t time-barred, was Higgins entitled to have its counterclaim considered and increased from the adjudicator's original award?

The central plank of Aspect’s claim was that there must be an implied term allowing a party that has paid an adjudicator’s decision to be able to have the dispute finally determined by a court or in an arbitration and to have a legal right to repayment if the tribunal so decides.

The court at first instance, the Court of Appeal and, 3 years later, the Supreme Court agreed with the proposition advanced by Aspect, finding that until a party requests a court or arbitral tribunal to review an original decision, such a decision will remain binding on the parties, and that, after an appropriate passage of time, it will become binding for all time. But what was/is an appropriate passage of time?

Aspect had issued its asbestos survey in April 2004. Applying a contractual limitation period for simple contracts, Higgins had in theory until April 2010 to bring a claim and, not surprisingly, Higgins argued that this same period of limitation must also apply to Aspect’s claim on Higgins.

action to claim repayment of the adjudicator’s award.

So what does this all mean? Here are my thoughts and summary. a) There is an implied term in the HGCRA Act 1996 to the effect that if a party makes a payment in compliance with an adjudicator's decision, it can recover part or all of that payment if it is so decided by a court or arbitral tribunal at a later date b) A paying party in such circumstances has 6 years from the date of making payment to bring such an action.

Thereafter, such a claim, subject to what the contract says, may well be time-barred. c) A winning party in adjudication does not get a new right to review a claim in court or arbitration, already made in adjudication, unless such a claim is made inside the original contractual period of limitation. d) Parties need to consider if it is in their interests to agree that an adjudicator is to issue a final and binding decision. e) If such an agreement is reached, it can’t be unpicked if you subsequently don’t like the result.

Peter Vinden is a practising adjudicator, arbitrator, expert and mediator. 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 Supreme Court didn’t agree with Higgins' position. It said that the adjudicator’s decision in 2009 and when Aspect paid over the money had to be taken into account. Aspect’s right to bring an action derived from the date of alleged over payment, not the date of the alleged breach of contract.

In relation to Higgins' claim to improve on the sum awarded by the adjudicator, the Supreme Court found that Higgins' claim was time-barred. There was no basis for extending the original limitation period of 6 years from the date of the alleged breach of contract by Aspect. Higgins could, however, rely on the full scope and value of its original claim as a defence to Aspect's

Regent House, Folds Point, Folds Road, Bolton BL1 2RZ t. 01204 362888 f. 01204 362808 tvp@vinden.co.uk www.vinden.co.uk

UKC NEWS

Turner & Townsend set to deliver $115M data hub Turner & Townsend, the global programme management and construction consultancy, has been appointed by telecommunications provider Telin Singapore to provide project and cost management services for Telin-3 - its latest data centre and telecommunications hub in Singapore.

The five-storey, $115M facility will be the third of its kind to be operated on the island by Telin Singapore, and the first at the newly opened Data Center Park (DCP) in the Jurong district.

The project is another step forward in Singapore’s digital development strategy as it witnesses a surge in demand for data centres and data management services.

Set to complete in 2016, the 20,000sq m hub will provide reliable, secure and seamless telecommunications services in both Asia and globally.

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Telin Singapore is a wholly owned subsidiary of PT Telekomunikasi Indonesia International (Telin), which in turn is owned by Telkom Group, Indonesia’s largest telecommunications company.

Commenting on the appointment, Brian Shuptrine, Director at Turner & Townsend said: “Turner & Townsend has established a strong reputation for delivering purposebuilt data centres and complex multinational programmes globally, and we are delighted to be part of such a ground breaking project in Singapore’s telecoms sector.

“Our appointment is testament to our deep understanding of Telin’s commercial needs, and we look forward to helping it cement Singapore as a strategic data hub.

“While the new data centre will offer cutting edge telecommunications services, our work will also help the

data facility meet the green building criteria set by the government of Singapore - without compromising on quality or exceeding budget.”

Ms. Septika Noegraheni Widyasrini, CEO of Telin Singapore, added: “Telin-3 marks an important milestone for Telin Singapore. Telin-3 is our first facility in the Data Center Park. Telkom Group has invested heavily in the last few years to build and to acquire strategic assets, and now we will house our existing and future infrastructure at Telin-3 upon completion.”

The Data Center Park is an ambitious project facilitated by Singapore Government located in western part of Singapore that will ultimately be plotted up to eight data centres.

Quarter of a million homes granted planning permission The numbers of homes granted planning permission are now higher than before the 2008 economic crash, latest figures show.

Housing Minister Brandon Lewis said that this demonstrates how government efforts are working to keep the country building.

In the year to March, councils across England granted permission for 261,000 new homes - the highest annual total for eight years.

Housing Minister Brandon Lewis said: “The previous system of top-down targets built nothing but resentment.

Our reforms, a key part of our long-term economic plan, have changed that.

“It means that permissions have been granted on 261,000 homes in the year to March - higher than the pre-recession peak in 2007 - while housing starts are more than double what they were six years ago.

“And with the Housing Bill set to include measures to bring forward brownfield sites, we’re determined that we will keep the country building while protecting the green belt.”

The 2008 crash devastated the housebuilding industry, and led to the loss of a quarter of a million construction jobs.

That’s why the government has placed housebuilding at the heart of its long-term economic plan.

This includes radical reforms to put power directly into the hands of local people over the future development of their area, by putting local plans at the heart of the planning system.

Already, 64% of councils have adopted a local plan - compared to just 17% in May 2010.

It means local support for housebuilding has doubled in the last four years, from 28% in 2010 to 56% now, while opposition to local housebuilding has more than halved during the same period.

The forthcoming Housing Bill will go further, and will include measures to create a new register of brownfield land to help fast-track the construction of new homes on previously-used sites near existing communities.

And with more than 1,500 communities across the country having applied to have their neighbourhood plan designated, the Bill will also include measures to streamline and speed up the process so even more areas can follow suit.

Classroom win unveiled by Clearspace Buildings Clearspace Buildings, the north east modular construction company, has unveiled its brand new £80,000 assistive technology classroom, which was won in a national competition by Myrddin Primary School, based in Carmarthen, Wales.

The 50sq m standalone classroom was won by the school in a competition organised by Clearspace Buildings and leading educational magazine supplement TES last year.

The competition, organised by Clearspace Buildings, was designed to highlight the benefits of modular construction in the education sector, in helping solve the current space crisis. Modular construction allows schools to build permanent learning spaces quickly and cost effectively compared to traditional brick and block construction methods.

The timber frame, cedar clad classroom is situated at the entrance of the main school site and has ramped access outside ensuring it is fully accessible inside and out.

Headteacher Ceri Lilly said: “The classroom is constantly in use and blends in perfectly with the rest of the school; it has made a massive difference to all the children here. It is already part of the fabric of the school and I don’t know what we did without it.”

Mrs Lilley added: “It’s the first thing you see when you enter the school grounds and everyone comments on how well it blends in and enhances the environment.

We can’t thank Clearspace enough.”

The new, fully-accessible classroom boasts more than £40,000 of specialist

learning equipment, making it the best equipped learning units for children with special needs in the county.

As well as the main classroom area, inside the building there is a single office / observation room which has one-way glass to enable students to be observed without parents or assessors being visible. There is also a large fully accessible DDA compliant WC and changing area.

Clearspace Buildings is an established provider of classrooms and full school buildings, to schools that require additional space. Clearspace has also developed an innovative vertical extension solution for schools with limited ground space. In terms of quality, longevity and cost-effectiveness. Clearspace Building’s modular permanent structures cannot be matched by either traditional brick and block built construction methods or temporary portable units.

The off-site construction process means that the classrooms can be built virtually anywhere, enabling additional permanent teaching space to be created quickly and cost effectively.

There is no limit to their use.

Clare Horner, Operational Director of Clearspace buildings commented: “It was a real privilege to go back to Myrddin and see the classroom in use, but more so to see, first hand, the difference it has made to the lives of the students who are using it. Knowing how much this classroom was needed by the school makes it all the more poignant. It’s a real success story for everyone concerned.”

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UKC NEWS

East London regeneration scheme steps into third phase Work has begun on Phase III of the Rathbone Market regeneration scheme from English Cities Fund (ECf) - a joint venture between Muse Developments, Legal and General Property and the Homes and Communities Agency (HCA) - bringing a further 216 new homes to Canning Town.

The £180M Rathbone Market scheme is the flagship development within Newham Council’s £3.7Bn Canning Town and Custom House regeneration programme.

The Rathbone Market development has already delivered more than 430 new homes, 44,000sq ft of retail floor space, 12,000sq ft of new community facilities and two new public spaces.

Phase III will deliver a further 216 new homes, comprising 162 privately-owned properties and 54 affordable properties, including both shared ownership and rental homes. Contractors Sisk have begun to clear ground at the site before work begins to construct the multiblock phase, designed by Shoreditchbased architects Project Orange.

Duncan Cumberland, Development Director for ECf, said: “The third phase will round up what is one of the most exciting and innovative developments in London, breathing new life into a once unloved part of the city.”

The tallest block will stand at 14-storeys and the lowest six. It will comprise of one-, two-, and three-bedroom properties formed in a horse-shoe configuration

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around a verdant communal garden. The garden is approached through a secure double-height entrance and leads to the access cores serving all apartments.

All ground-floor properties will be twostorey, in the style of a town house, with double-height ceilings and private gardens leading out onto the communal courtyard area. Apartments on upper levels will all have a generous balcony, and the great majority will have a double aspect.

The building will be made from brick in the London tradition using two colours; on the outside a black/grey mix, with silver brick around the garden area.

Christopher Ash, Director of Project Orange said: “The intention is to create a building of visual richness where golden balconies and embossed panels create a studied patchwork effect of cascading informal links and connections across the weighty brick facades.”

The new phase will stand alongside the striking silver grey and aluminium cladding of the award-winning Phase I, Vermillion, and the recently completed Aurelia, Phase II of the regeneration, with its terracotta rain-screen cladding in shades of deep burnt orange.

Residents in Phase III will benefit from being at the heart of one of London’s oldest street markets, Rathbone Market, set within a new, high-quality market square delivered as part of Phase II, offering a vibrant retail scene

including established traders as well as welcoming new stall holders.

A new landscaped entrance to the existing subway beneath Newham Way has been re-conceived to improve pedestrian links east of the site and under the A13 to the south, ensuring the development is well connected to key transportation routes from Canning Town station and bus interchange.

Mr Cumberland said: “This phase represents the next piece in the jigsaw for Rathbone Market and will put Canning Town firmly back on the map as a residential destination in East London.”

Keepmoat secures contracts worth £23M in Durham Housing and regeneration specialist Keepmoat has secured contracts worth £23M with the newly established County Durham Housing Group, one of the largest registered providers of social housing in the north east.

The group’s three landlords will all benefit from the programme, which includes a £17.5M contract with East Durham Homes to deliver improvements to 900 dwellings. This will include roofing, external render and re-pointing windows and doors, structural works, electrical rewires, central heating, kitchens, bathrooms, environmental works, garage refurbishment and aids and adaptations. Work is scheduled to start on site during July 2015 with a completion date of July 2017.

Keepmoat has also been appointed by Dale & Valley Homes (DVH) to deliver an improvement programme to 1,000 dwellings with a value of £1.9M. The works mainly comprises of external and environmental improvement such as; boundary fencing, vehicle parking bays, external doors, rerendering and brickwork pointing. There will be some internal work such as kitchen and bathroom replacements to ensure DVH continue to meet the decent homes standard.

The start on site date is scheduled for August 2015 with a completion date of April 2017.

Keepmoat will also work in Partnership to deliver a contract with Durham City Homes to carry out an improvement programme to over 800 dwellings with a value of £3.6M. The works will include re-roofing, external wall insulation and brickwork repairs. Work is due to start on site in July 2015 with a completion date of around April 2017.

David Ward, Regional Managing Director for Keepmoat Northern Region said: “These high-profile contract wins for us in County Durham show the extent to which we are winning new business in the region through the strength of our offering in community regeneration. Business is fantastic for us in this part of the country with public sector clients confident of our ability to deliver high-quality results.

“We’re very much looking forward to working with County Durham Housing Group to provide regeneration solutions to communities across County Durham.”

County Durham Housing Group Director of Assets and Regeneration, Ged Walsh, said: “We are delighted to be working with Keepmoat to embark on this major investment programme that will deliver the improvements that tenants have told us they want to see.”

Heathrow will work with Government to deliver expansion for ‘all of Britain’ Welcoming the Airports Commission’s clear recommendation that “the best answer is to expand Heathrow’s runway capacity”, Heathrow will now work with Government to deliver expansion for all of Britain.

Heathrow’s new expansion plan addresses concerns raised by local communities and by politicians, with the Airports Commission recognising that “the benefits are significantly greater, for business passengers, freight operators and the broader economy” and that “all passengers will benefit from enhanced competition”.

The Commission’s final recommendation follows three years of extensive and robust consultation, evidence gathering and analysis. It recognises the unique role that Heathrow plays as Britain’s only hub airport. The Commission finds that Heathrow expansion is the only solution which can help British businesses compete for global growth, and support a truly national recovery built on exports, skills and investment.

The Commission also confirms that Heathrow’s new plan can be delivered while reducing its local and environmental impacts. It confirms that it can be delivered within carbon and air quality limits and with significantly fewer people impacted by aircraft noise than today.

The Airport Commission has urged the Government to make an early decision on its recommendations, saying that “further delay will be increasingly costly and will be seen, nationally and internationally, as a sign that the UK is unwilling or unable to take the steps needed to maintain its position as a well-connected open trading economy in the twenty first century.”

With expansion Heathrow can realise its vision of building the next generation

of airport, one that is designed around not only the passenger but also the environment and the local community.

John Holland-Kaye, Chief Executive of Heathrow Airport said: “This debate has never been about a runway, it’s been about the future we want for Britain.

Expanding Heathrow will keep Britain as one of the world’s great trading nations, right at the heart of the global economy.

“Our new plans have been designed around the needs of local communities and will meet carbon, air quality and noise targets, and provides the greatest benefit to the UK’s connectivity and its long term economic growth.

“We will create the world’s best connected, most efficient and most environmentally responsible hub airport at the heart of an integrated transport system. ”The Commission has backed a positive and ambitious vision for Britain. We will now work with Government to deliver it.”

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UKC NEWS

Veech x Veech designs one of the world’s most advanced production studios for Al Jazeera in The Shard, London Al Jazeera Media Network (AJMN) has unveiled its new UK headquarters and broadcast studio in the iconic Shard skyscraper in London. The scheme, designed by Vienna based architects Veech x Veech, has created a pre-eminent broadcast production facility, with a multipurpose newsroom and revolutionary studio, which breaks the mould of the ‘black box’ studio and re-imagines how broadcast facilities are designed.

Broadcast design specialists Veech x Veech had the complex task of configuring a fully functioning TV studio within the confines of a predetermined floorplate.

Creating such media hubs is highly specialised and requires precision design, using the camera as an additional tool as part of the process - the perspective of the studio appears differently on screen as opposed to the real-life experience. Digital 3D modeling and 1:1 mockups were used extensively to test and accentuate the perspective composition of the news desk and set design to create a dynamic on-air look, framing the panoramic London skyline. Applying their comprehensive experience in this specific area of design, Veech x Veech created a single space that can interact simultaneously with the lighting, the view out to the capital and the digital presentation screens.

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Stuart A. Veech, Creative Director, Veech x Veech adds: “The major challenge was to the invert the restrictive constraints of a high rise building into a design asset by restructuring the perspective composition to enhance a cinematic wide-angle depth of space resulting in the unique channel spatial brand identity.”

Most studios require a minimum ceiling height of 4.5m but at the Shard they were limited to just 2.8m. The problematic low ceilings were transformed into a feature of the on-air appearance, working within and around a complex network of structural beams to create a totally different kind of space that will define the studio’s on-air identity. In a world first for 24/7-news programming, fully automated low-level lighting has been integrated into the ceiling and sits amongst acoustic panels to create dramatic curved lines that mirror the shape of the news desk below. By adopting some of the most sophisticated techniques in lighting design and engineering, these fixed units are capable of handling any camera angle or illumination level. Specialist filters have been incorporated into the glass facade and cameras to manage the light exposure from the outside world, further demonstrating the high level of design and performance of the studio that separates

it from the normal ‘black box’ approach.

Veech x Veech collaborated with project partners MCI Studio Hamburg and MO2, who provided excellent support towards the state-of-the-art execution of the project. MCI Studio Hamburg acted as general contractor and was responsible for technical planning as well as set construction. MO2 created the cutting-edge lighting technology.

Veech x Veech were also appointed to create the adjacent newsroom to the studio so there would be a direct stylistic link between the two spaces. Bespoke curved desks echo the newsdesk and contribute to the strong brand identity as the newsroom is also used as a backdrop to the filming in the studio.

Housed in Europe’s tallest building, this new facility, creating content across the global Al Jazeera network, reinforces AJMN’s position as a leading news organisation in the UK and European marketplace. The UK office now provides a vital communications role for AJMN, becoming the European hub linking the time overlap between the headquarters in Doha and the studios in the USA. To date, the project has been awarded an International Design Award and been nominated for a British Council of Offices award.

Initial proposals for new Elephant and Castle town centre revealed Delancey’s client fund DV4 and Europe’s largest pension fund asset manager, APG, have published their emerging proposals for a new town centre at Elephant and Castle. They include a partnership with University of the Arts London (UAL) to create a new centre for core university services and a new cutting-edge campus for its London College of Communication (LCC), which will reinforce the status of the area as a major cultural and educational destination in central London.

The proposals formed the centrepiece of a public exhibition held at the Elephant and Castle Shopping Centre earlier in the month. Local stakeholders, businesses, residents and community groups were invited to contribute to the evolving proposals and meet some members of the team including lead architects, Allies and Morrison.

Incorporating the redevelopment of the Elephant and Castle shopping centre and the adjacent London College of

Communication’s existing site, initial proposals will include a first class shopping and leisure destination with new homes to rent for people living and working in London, state-of-the-art educational facilities for UAL students, excellent transport links and enhanced public spaces. It will build upon the existing community and cultural diversity of the area and sit at the heart of the changes within the local area.

The Elephant and Castle town centre redevelopment is the lynchpin to the wider £3Bn regeneration underway in the area and integral to Southwark’s wider regeneration plan, which includes the creation of a new pedestrianised town centre, market square, 5,000 new and replacement homes, approximately 500,000sq ft of retail and leisure space, an integrated public transport hub and five green spaces.

The new campus for London College of Communication builds upon a number

of high-profile estates investments undertaken by UAL including a £62M regeneration of Camberwell College of Arts, the relocation of London College of Fashion to the Olympic Park at Stratford by 2021 and the completion of its Central Saint Martins campus in King’s Cross in 2011.

Nigel Carrington, Vice Chancellor, University of the Arts London, commented: “We are delighted that a new centre for UAL’s core university services and a new cutting edge campus for London College of Communication will be at the heart of one of London’s most exciting regeneration projects.

UAL is proud to have been at the heart of Elephant & Castle for more than half a century and this development will mean we are there for years to come. This investment will mean a great deal to our staff and students, many of whom live and contribute in many exciting ways to the vibrancy of Elephant & Castle.”

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UKC COMMENT

Improving your brain health by how you relate to others

By Michelle LaBrosse, CCPM, PMP®, PMI-ACP, Chief Cheetah and Founder of Cheetah Learning According to Dan Siegel in his book, Interpersonal Neurobiology, how we interact with people significantly impacts our brain health. Since how we take care of our brains as we age impacts how we age - so it goes to reason that paying attention to how we are connecting with others friends, family, co-workers, and supervisors - can also help us age in ways that bring us more long-term happiness. Improving our brain health by fostering healthy, rewarding connections with others also helps us be more effective in all areas of our lives - and is a crucial “soft skill” for Project Managers.

I’ve assembled this mind map showing what we can do to increase our awareness of how we are connecting with others.

This is adapted from Siegel’s work on what he labels the “window of tolerance” – I’ve renamed it the “window of awareness.”

You will notice the window of awareness is in the middle, framed by the boxes “chaos” and “rigidity.” Chaos and rigidity describe how we react to information coming in – an ongoing stream in our lives. I refer to this as the “what is.”

The information below the central box on chaos, window of awareness, and rigidity illustrates how we unconsciously react to this ongoing stream of information. Our perceptions are our unconscious reactions to “what is.” They are influenced by our internal context (our programming) and how we react externally, often referred to as our “triggers.” The less aware you

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are of your perceptions, the smaller your window of awareness, the fewer choices you have in how you react to the world, and the less ability you have to authentically connect with others in the moment.

To improve your brain health, increase your happiness, and improve your relationships with other people as you age, align your behaviours with those in the top part of this graphic – the primary one being living in a state of wonder. Wisdom is becoming more and more conscious of how your perceptions influence the way you experience the world.

Think about a time when your perceptions created a reaction that hurt your relationship with another person.

Then, ask yourself this question: “I wonder what else could be going on here?”

Let’s consider an example from Project Management. You’ve joined a new project team that’s been put together to tackle a new project: building a new back-end database for your company’s online sales system. In early project initiation and planning meetings, you and the other project team members enthusiastically brainstorm a wide range of ideas - it seems that everyone has something to say, except for one co-worker. This coworker sits quietly during meetings and doesn’t contribute new ideas or respond to others’ ideas; your initial perception is that this person doesn’t care about the project or think it is important.

Before you get too committed to this perception, pause. Ask yourself: “I wonder what else is going on here?”

After chatting casually with this co-worker about how they’re doing, you learn that they have at least five other major projects on their plate. They don’t seem particularly excited about your new project, so they don’t want to get in the way and stall other team members’ ideas. Instead of perceiving your co-worker as not caring about others’ ideas, you can appreciate their intention to allow others the opportunity to take the lead on this project. When you shift your perceptions of others’ behaviour to find the positive intent, you set yourself up to have mutually respectful, rewarding, and effective working relationships.

Cheetah Learning is committed to helping Project Managers have thriving professional and personal lives. We recently completed a new program called the Happy Aging Project, where Project Managers learn how to use tools such as the ones above and a host of other mind, body, and lifestyle practices to use their Project

Management skills in a way that can significantly increase their overall happiness (and success) in life. For more information on Cheetah’s Happy Aging Project, visit www.cheetahlearning.com/hay

About the Author:

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

Cheetah Learning is a virtual company with 100 employees, contractors, and licensees worldwide. To date, more than 50,000 people have become “Cheetahs” using Cheetah Learning’s innovative Project Management and accelerated learning techniques.

Michelle also developed the Cheetah Certified Project Manager (CCPM) program based on Myers-Briggs Type Indicator personality profiling to help students master how to use their unique strengths for learning, doing projects, and negotiating. CCPM graduates are able to choose the right projects and complete those projects “cheetah fast” based on their personality. They also learn how to leverage others’ strengths which significantly improves overall project team performance. When an employer has a cadre of CCPMs on staff, they achieve whatever they set out to achieve in record time. This is why over 90% of Cheetah’s clients experience an increase in both profitability and revenue within the first year of retaining Cheetah Learning for their Project Management training needs.

Honoured by the Project Management Institute (PMI®), Cheetah Learning was named Professional Development Provider of the Year at the 2008 PMI® Global Congress. A dynamic keynote speaker and industry thought leader, Michelle is recognized by PMI as one of the 25 Most Influential Women in Project Management in the world.

Michelle LaBrosse

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In suggesting the best course for you, we take the time to consider what is really important to your needs. We get to know you before advising you on your best options, and will always make sure you’re aware of any funding or grants available to you.

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UKC COMMENT

The Housing Standards Review – what does it all mean?

By Steve Evans - NHBC Senior Area Technical Manager On 26th March, just minutes before the dissolution of parliament, the then coalition government announced a new approach to the setting of technical housing standards in England, with the final results of the Housing Standards Review. This was accompanied by a significant rationalisation of the large number of codes, standards, rules, regulations and guidance applied by local planning authorities (LPA). This has resulted in the publication of a new set of streamlined national technical standards, incorporated as far as possible within the Building Regulations.

The new standards are – optional building regulations for access and water efficiency, new nationally described space standard (planning standard) and new mandatory security standard added to building regs (Part Q).

The aim was to reduce the cost and complexity of the house-building process and to make it easier to build more new homes, whilst also improving quality and continuing to protect requirements for disabled people, the elderly and the environment.

What’s changed?

The most significant change is the introduction of “optional” Building Regulations that local authorities can apply to new housing as planning conditions. The optional requirements can only be applied where there is a local plan policy based on evidenced local need, and where the viability of development is not compromised.

The first of these relates to new optional access requirements for dwellings which are included within a revised Part M. Approved Document M has been divided into two volumes. Volume 1 gives guidance on dwellings and Volume 2 gives guidance on buildings other than dwellings.

There are some changes to the requirements for dwellings (Volume 1): ••Requirement M4(1) (visitable dwellings) is the same as the previous requirement M1 as will still applies to all new dwellings as the minimum standard.

••Requirement M4(2) (accessible and adaptable dwellings) outlines new optional building regulations for accessible and adaptable mainstream housing to meet the needs of a wider range of older and disabled people (similar to Lifetime Homes).

••Requirement M4(3) (wheelchair user dwellings) outlines new optional building regulations for wheelchair housing (similar to wheelchair housing standards).

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M4(2) or M4(3) can only be imposed as a planning condition by the LPA in the grant of planning permission where there is an appropriate policy in the local plan.

There is also a new optional water efficiency requirement for dwellings, giving the LPA the ability to impose a limit of 110 (as opposed to 125) litres per person per day for the consumption of wholesome water in areas of water shortage. The revised Approved Document G also includes a new fittings based methodology for calculating water consumption which can be used as an alternative to the water calculator.

The nationally described space standard will replace the existing different space standards used by LPA’s. It deals with issues such as minimum room sizes, gross internal floor areas and minimum ceiling heights. It has not been incorporated into the Building Regulations and remains solely within the planning system as a new form of technical planning standard that local authorities can choose to use to influence the size of new homes in their local area.

The review also clarified statutory building regulation guidance on solid waste storage (Part H6) to ensure it is properly considered in new housing development.

The review has also introduced a new mandatory security requirement for dwellings (Part Q) to protect families from burglary. Part Q is supported by new Approved Document Q, which states that all doors and windows must meet PAS 24 Standard.

open for local planning authorities to ask for the assistance of building control bodies in doing so if they choose.

Application As previously mentioned, the optional regulations and space standard can only be applied where there is a local plan policy based on evidenced local need and where the viability of development is not compromised. This includes any policy requiring any level of the Code for Sustainable Homes to be achieved by new development; the government has now withdrawn the code (aside from the management of legacy cases).

Changes to the building control system in respect of optional requirements Optional requirements will be imposed as a condition of the planning permission for the dwelling concerned. The duty to tell a building control body that an optional requirement has been imposed falls on the person carrying out the work.

Where the nationally described space standard has been imposed, checking for compliance and any enforcement action remain the responsibility of the local planning authority, though it is

Steve Evans

Transitional arrangements Part Q comes into effect on 1st October 2015 and applies to all building notices, full plans deposits and initial notices given on or after that date for new dwellings.

It does not apply to building notices, full plans deposits or initial notices given before 1st October 2015 so long as the work to which the notices or full plans relate commences before 1st October 2016.

The new optional regulations in Part M and Part G come into force on 1st October 2015 and apply only to building notices, deposit of full plans or initial notices given on or after that date. Any planning condition on security, access or water efficiency imposed where the building regulations application is given before 1st October, will be only a planning condition and not a building regulations requirement and will not be enforced by building control bodies.

The government has published new Approved Documents as well as a range of other guidance documents advising builders, LPA’s and building control bodies how the new system will work.

The guidance also includes information on how LPA’s should treat existing local Plan policies and legacy developments.

Full details of these can be found on www.gov.uk

WILL YOU HAVE THE SKILLS TO BE A PRINCIPAL DESIGNER? Industry recognised advice, guidance & training FIND OUT MORE AT

www.aps.org.uk

UKC COMMENT

Construction Industry offers to pay for new Government Official Construction consultants and the wider UK construction industry have offered to pay the wages of a new chief construction adviser following the Government’s revelation that they would be axing the position in November this year. The Government announced that they do not intend to fill the position when the tenure of current chief construction adviser, Peter Hansford, ends.

Many leading figures in the construction industry have voiced their dismay at this decision, and the plans to dramatically restructure the Construction Leadership Council, with some individuals offering to fund a new adviser.

Sean Tompkins, Chief Executive of the RICS, said: “The united industry worked hard to establish a single point of contact through the chief construction adviser and has ensured Peter Hansford

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that two good people have filled the post effectively over the past six years.

“The role is still required and – if this is an issue of cost – the leading members of CIC would be willing to make the necessary contribution to keep this important post which combines both expert adviser to ministers and the highest representative of industry.”

The number of Construction Leadership Council members has been slashed from 30 to 12, with six of the posts filled by contractor executives. Although the remaining six places are yet to be filled – there has been widespread outcry that no construction contractors or suppliers have yet been instilled on the council.

The chief construction adviser role was only created in 2009 – designed to provide cross-departmental coordination and leadership on policies for the UK

construction industry. Peter Hansford is only the second person to fill this role, following Paul Morrell who served from the creation of the role until 2012.

Former members of the Construction Leadership Council have voiced their disappointment about the changes implemented by the Government. Exchairman, Tony Burton, explained: “It is a pity that this announcement comes without meaningful consultation with industry about the proposals.

“This is especially so given the industry’s unanimous support for the continuation of the chief construction adviser’s role and it is a pity that this united voice has been ignored.”

Other members of the construction industry have pointed out that a chief construction adviser is more important than ever due to the chronic skills shortage in the UK. Paul Manchester, Director of Manchester Safety Services, added: “It is important that we have a cohesive and wellrepresented relationship with the Government so we can efficiently agree upon new policies which benefit all parties.

With no chief construction adviser to effectively represent the industry at this crucial time – construction advances and required policy changes could slow.”

It is unclear then the final six posts of the Construction Leadership Council will be filled.

NEW LEGISLATION FOR WORKPLACE PENSIONS IS HERE. ARE YOU READY? Are you aware of new laws that require all UK employers from all sectors, including those in construction to automatically enrol all their eligible employees into a workplace pension scheme? This is called "auto enrolment", and failure to comply could result in hefty fines and possibly even imprisonment. Smart Pension is the UK's fastest one-stop solution for auto enrolment, allowing companies to get compliant in minutes with no set up or ongoing fees. Below we explain why auto enrolment was introduced, and how our fast, secure and free platform can get you compliant in one quick sitting.

Auto enrolment is the government's solution to the "pensions time bomb" that's been making headlines for years, due to ageing populations and under saving by UK workers. The last Labour government introduced the Pensions Act in 2008, requiring employers to put all eligible employees into a workplace pension scheme by a certain deadline. This deadline, which is called a staging date, differs for each employer, depending on the size of the company. Companies with more employees will have an earlier staging date than those with fewer. The first, largest companies began auto enrolling in 2012, and now the process has reached employers with fewer than 50 employees.

employees (eg if your company has 5 - 49 employees, The Pensions Regulator can fine your company £500 per day for every day that you are late meeting your deadline (staging date). You can learn more about penalties here.

Initially employers must to contribute 1.0% of the employee’s salary, the employee will contribute 0.8%, and the Government will add 0.2% through tax relief. So in total 2.0% of the employee’s annual salary will be contributed to a pension scheme. By late 2018 the employer’s contribution will be 3.0%, the employee’s 4.0%, and the government’s 1.0%, meaning a total of 8.0% of the employee’s salary being paid into a pension scheme. Whilst it's automatic for employers, employees can opt out (but companies cannot force employees to do so).

We created our unique platform and tools to fix these problems.

Smart Pension is the fastest, most secure auto enrolment platform in the UK, available at zero cost to your business. Built by our expert team with years of experience, we made sure it’s simple and easy to use, saving you time and money. You could be compliant in less than 1 hour, and you could save thousands by using our free platform vs other paid for platforms. We can give you the peace of mind to get on with running your business, knowing that everything is in hand, you are complying with your legal duties and your employees are being well looked after with an outstanding and secure underlying pension. Visit our website at AutoEnrolment.co.uk to get compliant today, or to speak to our expert team to see how we can help you.

To enforce compliance, The Pensions Regulator can issue hefty fines for non-compliance including fixed fines of £400 and daily escalating penalties whose level depends on the number of

That’s why it’s important that you’re compliant by your staging date. Typically the sign up process isn't straightforward, and when you are signed up, high staff turnover and a lot of casual workers in the construction industry can make the ongoing assessment of staff and calculation of pension contributions a logistical and administrative nightmare, costing you time and money. But it doesn’t have to be like that…

WHAT OTHERS ARE SAYING “Smart Pension is a fantastic company which helps small businesses with their employee pensions. The Smart Pension team has done a brilliant job in building a successful platform which makes other businesses' lives easier.”

Matthew Hancock, Minister of State for Business, Energy and Enterprise, 2015 “Small businesses need an auto enrolment solution that is fast, nimble and reliable. Smart Pension enters the market with that solution and a track record of success. For small businesses complying with the new laws, you make a smart choice with Smart Pension.”

Emma Jones, Founder, Enterprise Nation.

T: 0333 90 000 99 www.AutoEnrolment.co.uk

UKC COMMENT

Construction site security: Keeping people out and equipment in Construction site security is a major concern for site managers in the UK. With highly valuable equipment stored outside, often in plain view and unattended overnight, construction sites are often targeted by criminals looking to turn an easy profit.

James Kelly, Chief Executive of the British Security Industry Association – the trade body representing the UK’s private security industry – discusses the importance of site security to reduce plant theft.

Plant theft is a huge burden to the UK’s construction industry; according to insurer Allianz Cornhill, the industry is losing approximately £800M every year when associated costs are taken into account. These costs include not only the cost of replacing stolen equipment, but also the cost of downtime, loss of business, damage to reputation and increased insurance premiums.

There are a number of factors which make plant machinery an attractive target for criminals, not least the high value of equipment on the second hand market.

The single-key operating system prevalent across many pieces of machinery makes them relatively easy to start up and drive away, without the need for disabling immobilisation systems or search for unique keys. Once stolen, plant machinery is not easily identifiable from a distance and

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therefore has a surprisingly low recovery rate when compared to other vehicles.

The ever-growing online marketplace for second-hand equipment coupled with the lack of checks and anonymity, enables criminals to move stolen equipment quickly and easily. In addition, plant theft is an increasingly international crime, with highly organised criminals often stealing to order and transporting stolen plant to international destinations within days.

Finally, plant machinery is often left in-situ for extended periods of time on poorly secured construction sites. These often extensive sites are difficult to secure due to their size, constantly changing environment and transient populations of contractors, suppliers and customers.

Protecting plant machinery from theft needs to start with site security to make equipment more difficult to steal, and by taking a holistic approach to security, stolen equipment can be made easier to trace if it is stolen.

Site security

Taking a holistic approach to site security will provide the best possible protection.

By starting at the perimeter and working inward, various security measures – both electronic and physical – can integrate successfully to provide an effective security solution for even the most complex of

security sites. This is commonly referred to as an ‘onion ring’ approach due to its layered defence system. The most valuable equipment and materials should be stored at the core to offer maximum protection.

Perimeter security is the first line of defence against trespassers and will usually comprise of a number of integrated security measures including fences, gates, barriers and doors. Where appropriate, flat sided perimeter hoardings should be installed because they are more difficult to climb and restrict viewing of the site interior. It is recommended that hoardings should be a minimum height of 2.4m and where possible placed along existing concrete surfaces.

Entrance points should be kept to a minimum and the use of full-height turnstiles is recommended to restrict visitors to the site on foot. The entrance can be manned or controlled using an electronic access control measure such as PIN entry, magnetic cards, proximity tokens, biometric devices or a combination of these. Where gates are in use, they should be secured by a good quality lock (eg. one conforming to BS 3621) protected by lock protection plates welded to the gate and the frame or by a padlock and padlock fittings conforming to grade 5 or 6 of BS EN 12320.

Complementing the physical elements of the perimeter should be a combination

of electronic security measures such as lighting and CCTV. Lighting can be a deterrent to site intruders and a positive aid for patrolling security staff. Lighting should be sturdy and resistant to adverse weather conditions, tampering and vandalism, and ideally directed inwards towards the centre of the site. Additional lighting should be considered to cover any possible entrance and exit points.

CCTV can be an extremely effective way to protect a site, acting as both a deterrent to potential criminal activity and a watchful eye over the site around the clock. For sites which require systems to be active 24 hours a day, the observation of surveillance can be outsourced to a remote monitoring centre where trained professionals can keep an eye on the footage and respond to any potential threats accordingly. This reduces the need for manned patrols around the clock and is a cost efficient alternative for construction sites with limited resources. The rapidly developing technology available within the CCTV market means that there is a huge variety of options available each with their own benefits for specific applications. Some of the solutions available today include the

use of motion sensors, thermal imagery, mobile CCTV towers and Automatic Number Plate Recognition (ANPR) to name a few.

Finally, valuable machinery and materials can be further secured with a forensic marking solution which can deter theft and increase the chances of recovery if stolen. Forensic marking involves the use of microdots and ‘DNA’ solutions which are invisible to the naked eye and are applied to the intricate areas of the machinery. By marking machinery in this way, criminals would have to entirely remove the marked components to be confident of disguising the machine’s true identity. Working in a similar way to our own DNA, property-marking solutions use unique codes to link an item directly to its owner. Just a small amount of ‘taggant’ or dye needs to be applied to machinery to prove ownership should a theft occur.

The CESAR scheme (Construction & Agricultural Equipment Security Registration Scheme) is the official security marking and registration scheme for all plant and agricultural equipment (www.cesarscheme. org). The scheme is supported by the Home Office and the National Police Chiefs Council (formerly ACPO) and has

proven to be a powerful deterrent to theft and a vital aid in the identification and recovery of stolen plant and equipment.

It is important to remember that countering plant theft does not lie with a ‘one size fits all’ security solution. Each construction site should think about the risks associated with that particular site and mitigate accordingly. BSIA members have a wealth of experience of securing plant and the construction sites or compounds they are stored on and can help provide appropriate security solutions or risk consultancy at all stages of the construction process.

To find out more about the security measures mentioned in this article, or to locate a reputable security supplier near you, visit the Association’s website at www.bsia.co.uk.

The BSIA has also published a guide to construction site security which can be downloaded from the following link: www.bsia.co.uk/publications/ publications-search-results/123construction-site-security-a-guide.aspx

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UKC COMMENT

How will health and safety demands affect the construction industry?

Updated regulations, an increase in construction workers and an ageing population have all contributed to the rising demands on companies to employ stricter health and safety policies across the UK’s construction sites. Rebecca Fennell, Marketing Manager at the world’s leading safety and queue barrier specialist Tensator Group discusses this changing landscape and identifies what is being done to accommodate this growing need.

Health and safety is a prime concern for workers across the building and construction industry, particularly for those working on-site, and often in hazardous conditions.

Last year there were 1,900 injuries to construction workers alone, with 42 of these being fatal. Despite these figures being the lowest in recent years, the Construction Design and Management (CDM) regulations have recognised the need for further improvement and a greater emphasis on improving health and safety across the industry in the UK. Like across most industries, the construction sector has changed dramatically over time, resulting in changes to traditional practices such as flexi-time, meaning many people are now working earlier in the mornings and later into the evenings. These new changes, whilst offering more flexibility to employees, mean that more people are now not necessarily adhering to traditional nine to five, daylight hours. As a result of this, more staff are now working during periods of darkness and poor light where the risk of potential accidents increases considerably.

Furthermore, the average age of the workforce is forecast to rise in conjunction with the increasing age of retirement.

Regulatory bodies and employers will have to consider these ageing populations when instilling best practice safety procedures in the workplace.

With investment into the industry continuing to increase exponentially, the Government has forecasted approximately 500,000 new jobs by 2025 meaning the safety of workers in the UK will be of even more importance. These industry specific changes have resulted in leaders across the construction sector having to place a greater focus on health and safety provisions.

Fortunately, new interventions are being put into place, creating new equipment to accommodate these growing demands.

The most common of injuries suffered on construction sites include burns, head injuries, cuts and broken bones, all of which could be avoided by signposting potential areas of risk. However, traditional signage is often, meaning new innovative ways of

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pinpointing areas of risk are often required.

This means that companies like ours are looking at new ways to convey traditional messages. Most recently, we have unveiled TensabrightTM, the world’s first hi-visibility retractable belt. This new product enhances our existing Tensabarrier® range, which can often be seen in retail stores, airports, and leisure facilities across the globe. This product has already began to be rolled out and will be available for use across the construction sector.

TensabrightTM is constructed out of prismatic retro-reflective tape, creating a highly visible fluorescent barrier, which can be easily seen during the day, at night and during poor weather conditions. It highlights potentially dangerous conditions on site, reducing the risk of an accident occurring.

The product was originally developed on the back of an enquiry from a customer in the Polish mining industry. However, on inspecting the finished product we realised how TensabrightTM could be installed across a wide variety of industries. The safety demands for workers across both the mining and construction industries are particularly similar and hence seemed a natural fit.

Statistically, the risk of being involved in an accident on a construction site increases by approximately 36% during times of bad light and darkness, primarily due to the reduced visibility of hazard areas and risks.

TensabrightTM is a valuable additional tool to draw attention to these areas of risks and consequently reduce the amount of injuries.

Recent figures have shown that growth across the construction sector is forecast to continue, with rising workforce numbers

being linked to an increase in investment by independent businesses. It is anticipated that by 2018, the construction industry will grow by 23%, contributing £12Bn to the UK economy every year. The safety of these workers is paramount to ensuring these skilled tradesmen are able to continue to provide the manpower they offer and ensure this growth can be facilitated.

However, there are fears that the predicted growth for the sector could be affected by a possible skills shortage across the population. The Government have recognised this and are now putting an increased emphasis on funding for apprenticeships to eradicate this growing concern. Schemes such as the Construction Apprenticeship Scheme (CAS) allow young people to learn the skills of the trade on site.

Although these apprenticeships will include health and safety training, it is reasonable to accept that it will take time for them to gain a full understanding of the potential risks in the workplace. As such, the need to be able to easily identify potential hazards is evident across all levels of the workforce, from the most inexperienced junior staff right up to senior supervisors and managers.

Health and safety is as important as ever and updates to regulations emphasise this. The construction industry is practical by nature and future development in terms of health and safety will be about practical solutions for real problems.

For more on TensabrightTM and Tensator Group’s full range of construction industry solutions, visit www.tensatorgroup.com.

COMMENT UKC

Do I have to carry out that variation after Practical Completion?

Joseph Bond, Managing Director of Kenzie Group Limited Variations provide a valuable tool to all parties to a project. It will rarely be possible to design and construct a project so that nothing alters from start to finish.

In fact, in our experience this is almost never the case. Often a project is not fully designed before work commences, so variations provide a valuable means for allowing design development to be fluid as a project progresses.

As procurement methods and preferences have changed, so too has the need for variations. Traditional lump sum fixed price contracts were often too linear in their construction and design and as such variations were infrequent. As times have changed and the use of the design and build and turnkey projects has become prevalent, variations have become more frequent. When managed well they are a useful tool to give the employer the development he requires while maintaining momentum on the project, and whilst the contractor will undoubtedly expect to carry out variations throughout the contract duration, what is the position in terms of variations that have been

instructed after practical completion?

This is a question that many contractors and subcontractors often ask us, as once practical completion has been achieved the imposition of having to carry out specific ‘piece meal’ type variations is more often than not a troublesome hindrance, so does the contractor have to carry out the variation?

In a nutshell, no.

Once practical completion has been achieved, it is often more convenient to have the contractor available to carry out extra work during the defects period, this may be for example to rectify a design fault or some other matter.

In many instances this may however be inconvenient for the contractor and they may have no desire to carry out additional work, especially if the work is small in nature and the time frame is oppressive.

On the other hand, the contractor is familiar with the project and one would think that this would make them the most suitable organisation to carry out any last minute instructions or variations.

Once practical completion has been

achieved, the contractor has no obligation to carry out varied work, although an exception would be where the contract expressly provides for variations being issued post practical completion.

Hudson’s Building and Engineering Contracts stated the following in regards to MM Price Ltd v Milner (1968) that: “Variations as well as original contract work cannot be instructed after practical completion of the remainder of the work in the absence of express provision, unless of course the contractor is willing to carry them out…”

In summary the contractor is not obliged to carry out variations where the instruction is issued after practical completion unless there is a clause in the contract which gives the requisite power to issue an instruction of this nature.

So next time you are asked to quickly build a new tarmac ramp, with wooden gates and fence as one of our clients was recently asked following practical completion, please bear in mind that sometimes a simple “No thank you” may well suffice.

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UKC COMMENT

Telematics – how do they really affect your construction fleet?

How Construction fleets can save costs using telematics and tracking devices If you are looking to cut costs in your construction fleet, telematics, (including vehicle tracking systems) can provide you with a powerful tool to do so. Whilst simultaneously improving your funds, benefits can be reaped from aspects like improved productivity and reduced labour costs.

When it comes to running a fleet, the main areas that costs can be wasted are through inefficient equipment use and driver productivity- both of which can stem a plethora of costly issues.

This would be a different story if you were aware of the precise location and performance of all vehicles and assets in your fleet as you can target exactly where changes need to be made. Through using telematics you can optimise schedules and routing to reduce overtime and other inefficient behaviours which drive up labour costs. Not only will this allow your drivers to be aware of the most efficient course to take (henceforth saving time)

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but because they will be aware that you’re tracking their journey they will be less likely to idle or procrastinate. As a result of these jobs being completed faster, there will be more time to fit in additional tasks and duties throughout the day, bringing in more revenue and improving your business’s reputation.

Because employee’s will be performing better it will give you time to focus on other aspects of the business. Leading to faster response times and better customer service, in turn assisting with generating repeat business. Improved dispatching and routing will also let you take on more jobs without having to employ additional personnel or invest in more vehicles.

Unnecessary breakdowns of vehicles are another aspect where a vast amount of expenditure is drained, which, with the right equipment can easily be prevented.

For this, you could invest in a GPS tracking system with engine diagnostic capabilities- this can help avoid mishaps

before they happen, simultaneously saving you time and money. This system can provide you with advance warning of engine trouble allowing you to fix minor problems before they escalate as well as reminders for oil changes, tune ups and other preventative measures than ensure your vehicle is kept in the best condition.

Telematics systems, whilst providing real-time usages, are also handy to look back at reports which can compare driver and vehicle activity. Through keeping a regular eye on these reports, you can see long and short term driving patterns and equipment utilisation to identify any areas where productivity is reduced and work to improve these.

Yet another aspect where fleet tracking can improve your construction business is in the prevention of fraud. If a crash was to happen where the opposing driver claimed they had suffered whiplash, a telematics system can show how fast the car was travelling and where/when the brake was applied, thus able to prove if whiplash is plausible or even possible in such a situation. This can help to avoid hefty pay-outs and potential court appearances if a dispute cannot be resolved.

Telematics is ever becoming a more important tools for construction fleets and can save thousands of pounds on generated business and efficient time-keeping. Whether you decide to spend a lot or a little on a telematics system it’s certainly worth it.

COMMENT UKC

The connected fleet is sparking a construction industry revolution

by George de Boer, International Alliance Manager, TomTom Telematics Companies across the construction industry supply chain have been buoyed by a steady recovery of late but, faced with rising input prices, they continue to seek new ways of boosting profit margins.

Telematics has long had an important role to play in delivering visibility into fleet vehicle and mobile worker activity, providing a wealth of key data from job completion and time on site to driver performance.

The advent of connectivity and the open telematics platform however has now opened up even greater opportunities to increase business flexibility, improve workflow and to keep a lid on costs.

Sector companies are benefitting from an increased number of automated, paperless processes as data from a range of sources – from mobile hardware to ERP and routing and scheduling software – is brought together on one platform. The operational efficiency bar is being lifted as intelligence is shared across different company departments.

Action stations: connectivity for construction unleashed The open telematics platform, a technological evolution made possible by application programming interfaces (APIs), has provided unhindered access for software developers to create integrated solutions that bring data together from different sources.

As a consequence, new ‘out of the box’ applications are being made available that

enable construction sector companies to add extra functionality to their core systems to become more efficient and better overcome the physical distance between mobile workers and the back office.

A telematics fleet management platform with open APIs, for example, can be integrated with office software, such as supply chain planning, asset management, routing and scheduling optimisation and ERP. The in-vehicle telematics device can be integrated with mobile hardware via wireless technology for use in the field, such as lone worker alert devices, printers or vehicle sensors. All the while mobile apps for tablet-style driver terminals can be created for use by mobile construction workers.

Such applications are being made immediately available to customers in the construction sector without the need for significant investment in IT consultancy and development projects.

Process efficiency delivered Construction sector companies are already enjoying more efficient workflow management, the digitised recording of crucial data and improved visibility and control over mobile workers.

Planning software, for example, is being supplemented with accurate telematics ETA details, drawing upon live traffic and historic journey time information, to improve the time-sensitive transportation of materials such as concrete.

Vehicle mixer drum sensors can relay live data, via the telematics platform, on the rotation direction of the drum – informing management when a concrete ready-mix is in transit and when it is being offloaded. This can help to prevent fraudulent activity and ensure quality control by offering additional transparency to crucial delivery times.

Connectivity for productivity To boost productivity and aid legal compliance, telematics software can also be integrated with on-board weighing systems to enable real time weight information from materials handling vehicles to be sent to back office software, alongside vehicle location and journey data.

Customer invoices can then be swiftly raised based on load weight as soon as materials have been collected, without vehicles having to attend weighing bridges.

Telematics location data can be integrated with man-down panic alarm devices to help protect the safety and wellbeing of employees operating in remote or high-risk environments. The devices, worn or carried by construction workers, can be connected to the to in-vehicle telematics box via wireless technology.

Daily tasks made more efficient Apps on tablet-style devices can also allow workers to complete a number of daily tasks. Vehicle checks, for example, can be conducting using the device, with the results instantly updated in the back office to ensure Duty of Care obligations are met and that maintenance schedules are kept up-to-date.

Daily workflow can then be loaded to the device with workers navigated to site destinations and on arrival, using the app’s signature capture functionality, in-built camera or NFC chip, they can submit proof of their materials delivery.

Job status can then be updated in the back-office system, along with daily mileage records and worker hours, negating the need for separate, time-consuming record-keeping.

With innovative new apps continuing to be developed, the open telematics platform is set to cement its place at the heart of a radical transformation of construction industry operations.

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UKC COMMENT

Payment Notices and Successive Adjudications: Update

By Peter Sheridan, Partner, Sheridan Gold LLP As discussed in an earlier article, 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) under construction contracts generally.

If in addition to the position on notices, there is adjudication, the following issue may arise. A contractor succeeds in a first adjudication against an employer with the case that it is entitled to a sum for which it has applied for payment, in the absence of a valid payment notice and pay less notice from the employer. The result in the adjudication is thus decided simply on the procedural rules as to notices; the “true” valuation, in accordance with the contractual valuation rules, is not decided.

In ISG Construction Ltd v Seevic College (2014) and Galliford Try Building Ltd v Estura Ltd (2015), Edwards-Stuart J decided 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 also to be the correct valuation and is also deemed to be agreed. It is not permissible to have a second adjudication, on the “true” valuation. It is possible, the judge has indicated, to go straight to court for a declaration on the “true” valuation. If done speedily, the application for a declaration could be heard at the same time as an enforcement application in relation to the first adjudication. The declaration could then neutralise the effect of the first adjudication.

Another aspect of this type of case arose

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in another recent case decided by the same judge, Leeds City Council v Waco UK Ltd (2015). Again the contract was JCT Design and Build; again an adjudicator had found in favour of the contractor on the basis of the sum applied for being due in the absence of an employer’s payment or pay less notice. However, in this case the judge examined the issue of the validity of the contractor’s notice and found that it was issued prematurely, which was not permitted under the contract terms. The notice was invalid and the adjudicator’s decision could not stand.

It is, therefore, in all these cases, a legitimate defence for the paying party if the contractor’s notice was not in accordance with the contract. Some adjudicators have been inclined to take a lax approach to the validity of notices, treating anything intended to be or described as a notice as a valid notice. But the legal position is that this issue should be properly analysed in each case. Clearly the defence will work in court in an appropriate case.

Adjudicators may be more cautious after the most recent case on this topic, Caledonian Modular v Mar City Developments (2015). An adjudicator again found a large sum due on the basis of a contractor’s application and no notice in response. Again the court found the application to be invalid; not only was it premature but it did not appear on its face to be intended as an application and was not so described at the time. The judge was rather critical of the adjudicator for not considering these matters and his decision was not enforced. Although decisions are normally enforced, right or wrong, this was a rare case where the judge could decide the case finally at the enforcement hearing, as it involved such a narrow issue as to the validity of the notice and did not require any factual investigation.

An issue that may also have to be considered is whether, notwithstanding

what the contract says, there has been a subsequent agreement altering it. On the employer’s side, this would normally need the express agreement of the employer, as consultants acting for employers do not normally have authority to agree changes to contract terms.

There may also, however, be subsequent conduct (which may involve the employer’s agent) which gives rise to a party being able to argue that a contractual requirement relating to notices has been waived or is the subject of an estoppel.

For more information, contact Peter Sheridan Partner at Sheridan Gold LLP T: 01737 735088 E: psheridan@sheridangold.co.uk www.sheridangold.co.uk Peter Sheridan

COMMENT UKC

Playing a Let As Novak Djokovic served to defend his title in SW19, another Court tackled a set of different issues. Whilst in tennis, ‘playing a let’ means a point does not count and can be replayed, a second go in the Technology and Construction Court is much more rare.

So held Mr Justice Coulson on 29th June in Caledonian Modular Ltd v Mar City Developments Ltd in deciding: ••Can a defendant use enforcement proceedings to ask a Court to determine an issue previously determined by an adjudicator? and ••Can a party submit variations to payment applications to render previously valid pay less notices void?

Mar engaged Caledonian, under a Letter of Intent, to carry out construction works in North London. Absent express payment or adjudication provisions, the Scheme for Construction Contracts applied.

Following non-payment of an interim application in November 2014, Caledonian suspended works. A first adjudication and a decision in Caledonian’s favour followed. In March 2015 Caledonian argued that Mar had again failed to pay sums due under the contract. Hence a second adjudication; with the adjudicator again awarding sums to Caledonian (including an outstanding balance on adjudication 1).

Mar denied liability for all sums awarded.

The adjudicator’s second decision turned on the date of notification of sums due.

Caledonian’s position had been that the application was made on 13th February 2015. If correct, it was common ground that Mar’s payless notice of 25th March 2015 was out of time and invalid. Mar’s position had been that the documents of 13th February were a variation and not a claim for or notice of the sum due for payment. A previous application had been issued on 30th January and was subject to a valid payless notice on 5th February.

Caledonian’s claim was not made until 19th March. If correct, it was common ground that the payless notice of 25th March was within time and provided a complete defence to the claim.

Mar resisted enforcement proceedings.

It maintained the adjudicator was wrong and argued the Court could grant a final declaration on the status of the 13th February documents as part of those proceedings.

Could a Court determine an issue already determined by an adjudicator?

HHJ Coulson was clear. In ‘99 cases out of 100’ the general rule of Bouygues (UK )Ltd v Dahl-Jensen (UK) Ltd will apply and the Court will not do so. In very rare circumstances, an exception will apply and a defendant will be entitled to have the point decided by way of a claim for a declaration. However the issue must be short and self-contained, requiring no oral evidence or any other elaboration capable of being provided during a relatively short interlocutory hearing.

On its facts, the Caledonian case was one of those very rare cases.

Were the documents sent on 13th February an application for payment or valid payee’s notice?

The Judge had ‘no hesitation’ they were not. Caledonian had three opportunities to spell out that the documents of 13th February were a new application for payment and/or payee’s notice and they failed to do so.

notice at the appropriate time during the payment period will render him liable in full for the amount claimed, he must be given reasonable notice that the payment period has been triggered in the first place.”

So, as far as the adjudicator’s decisions and payment provisions are concerned, the objective should always be to win on a first serve and not rely on a ‘let’. Something Djokovic demonstrates only too well…

Sarah Evans, Senior Associate, Thomas Eggar

Sarah Evans

The Judge referred to the draconian consequences of failing to serve a payless notice: “A failure to serve a notice in time will usually mean a full liability to pay. If contractors want the benefit of these provisions, they are obliged, in return, to set out their interim payment claims with proper clarity. If the employer is to be put at risk that a failure to serve a payless

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UKC COMMENT

Improve your quotes to win more work There’s nothing more irritating than seeing a job within your grasp and then losing it after expending lots of effort in pricing and writing a quote. In this article Benjamin Dyer of Powered Now provides tips on how builders can put quotes to householders that will win more profitable business.

Like everything in business, there aren’t easy one-fits-all solutions to winning bids.

One of the complexities is that before a quote is submitted, your prospect will already have formed an opinion of how professional you are and to what degree they trust you. These will be crucial factors in determining whether your quotation is accepted so they need to have received plenty of attention.

Expectations on pricing are also important, as an unexpectedly high price is a sure fire way to lose business.

It’s therefore important that you are flexible and responsive during the initial stages, demonstrate your expertise and set price expectations. This will go a long way towards winning the job before the quote is written.

Cowboy builders

One of the banes of our lives in this business are cowboy builders. That’s why, assuming you get the chance, you should warn customers and make a major effort to demonstrate that you’re not amongst them.

Quote contents A typical quote should include at least the following information: ••A detailed description. “Extension for £15,500” is not very convincing.

••Despite this, don’t provide a blow-byblow price breakdown. Such breakdowns can lead to the hassle of customers

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ordering their own materials (which are the wrong spec and turn up late) or showing the quote to competitors which can help them immensely.

••Explain that anything not explicitly included is excluded. This helps to avoid assumptions.

••Make it clear whether this is a fixed price (quote) or a best guess (estimate).

••Tell the customer what they told you.

This demonstrates that you have listened and helps to create a feel good factor that can remind them of why they wanted the job in the first place.

••Provide as much information as possible that will give you credibility, such as customer testimonials, membership of trade associations, qualifications, guarantees and references to similar jobs that you have done before.

••Provide your terms of business, such as up-front money for materials or maybe pre-payment of 50%. Always say that the price will change if things that you couldn’t reasonably have foreseen come to light, or the client changes or adds to what they want.

It is essential to respond fast to requests for quotes. James Chandler of Chandler Building explains, “We turn up on a job to quote, price it up on the phone and email it to the customer while we are on site, all using the Powered Now app (Declaration: this app is from my company). We’ve noticed that getting the paperwork out to the customer quickly normally means we win the job.”

Pricing

Estimating is a key business skill. Get your pricing wrong and you end up

with unprofitable work or losing to others because your price is too high.

The result is you only get to do lossmaking jobs, which is not good news.

These tips can help with pricing: ••After you have finished, compare all of your estimates with what the job actually cost so you can do better next time.

••Your aim shouldn’t be to be the lowest cost, instead you need to work at helping the customer to see that you are the best. The majority of prospects don’t buy the cheapest clothes or just shop for their holiday on price, so why should they adopt this approach for building work?

Don’t let sleeping dogs lie

Even after the quote has been done, you can’t leave it. Matthew Stevenson of The Landscape Company has this advice: “I always follow up with a text message to make sure they have received the emailed quote, and ask them to get back with any questions.”

A good discipline is to make a note in your smartphone calendar (assuming you don’t have a system that does this like my company’s app) to arrange a follow up on your quote.

Of course you won’t always win the job. The best approach then is to lose gracefully and thank the prospect for considering you. Opportunities often come around again, and you will be first in line if the winner falters.

Producing quotations is hard work, so the best of luck in your endeavours.

Project managers only have one goal.

Okay, that’s probably not entirely true, but their main driving force is completing a profitable project, with a predictable cash flow, within a certain time-frame. But they are, more often than not, NOT the ones building or designing the project.

So, why should they want to incorporate 5D BIM into their task list?

Project managers need to understand what is going on at any point in time of a project.

Often the importance and value of BIM for project managers has been overlooked, but understanding and critically analysing the model is becoming a crucial part of a project managers day-to-day role.

The need for management of the asset is continuous and BIM’s impact is felt through almost every facet of the project, from initial planning discussions through to completed construction, facilities management and beyond. It is important for the BIM information to be understood and interrogated by the project manager in order to maximise benefits, avoid pitfalls and as the governments’ 2016 deadline approaches, comply with the requirements for each project.

Although the project manager may not be the one producing model information themselves, they will be expected to examine and scrutinise the model, including the BIM Collaboration

Format (BCF) and the BIM Execution Plan. These will help in understanding potential clashes within the model, changes to existing plans and the effect they will have and opportunities for collaboration between the different disciplines required in the build.

Project managers play a crucial role in the successful implementation of BIM by communicating with stakeholders to adopt principles that will maximise the value of the finished asset and create longer-term improvements and opportunities. This collaborative design and decision making process enhances efficient data sharing and reduces expensive and time-consuming rework.

5 reasons project managers should get “BIM Smart” 1. The more specific and accurate the information captured from a 3D BIM model, the more accurate schedules and budgets will be, enabling project managers to manage the project more effectively.

2. An integrated 5D BIM model helps support a team visualise and explore the impact of changes, while maintaining good communication with the project owner.

3. Clash detection, RFI’s and change orders can adversely affect a project.

A coordinated BIM model helps

COMMENT UKC

How ‘BIM Smart’ is your Project Manager? organise workflows, schedules and site management. Lean construction techniques like flowline scheduling and coordination resolution are also made more effective with the use of one integrated BIM model.

4. New reporting capabilities and lightweight model presentation modes allow the project manager to present a 6D BIM model which provides information on warranties, specifications, maintenance schedules and other valuable information.

5. A thorough understanding of a project in 5D means that the project manager has more tools at his disposal to monitor progress, cash flow reports, work in place reports and can also mean that problems and issues are averted or consider before they occur.

So how ‘BIM Smart’ do you think you are ?

This month Quadra have launched our FREE BIM Review Tool. Why not have a look and see where you rank. www.quadrasol.co.uk/content/ information/bim-resourcelibrary/free-bim-review-tool.

Quadra also run regular BIM for Project Managers training, focusing on Revit, for more information on the courses go to www.quadrasol.co.uk.

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UKC CASE STUDY

Property Care Association Promoting skills and good practice Japanese Knotweed causes huge problems for the UK property market as it puts down deep roots, affecting the foundations of buildings and invading drains.

But the Property Care Association (PCA) insists there’s a straightforward approach to tackling the problem and in a film - available to view at http:// bit.ly/1cUWSie - the Organisation dispels some of the myths surrounding what has become a major issue.

Entitled ‘Dealing with Japanese Knotweed Effectively’, the film reveals how the PCA can help consumers to reach professional treatment companies - offering assurance, standardisation and certainty in tackling the problem.

Steve Hodgson, Chief Executive of the PCA, said: “Japanese Knotweed has been in the news a lot recently as it has caused big problems within the UK property sector.

“It’s a very fast growing and very vigorous plant that has even caused problems to buyers trying to obtain mortgages - and people seem to be running scared.

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“But the problem can be dealt with just like so many other household problems and there is a recognised framework to tackle it.

“People affected by the plant just need to make sure they get the right people doing the right diagnostic investigation and producing the right specifications for treatment.”

The PCA is an established organisation that has built a strong reputation over decades by promoting good practice.

It represents building preservation specialists who help consumers deal with a range of building defects.

The Association is also a member of Trustmark, the Governmentbacked scheme which aims to help consumers find reliable and trustworthy tradesmen when making improvements or repairs to their homes.

In recent years, the PCA has worked with the Royal Institution of Chartered Surveyors - supported by the Council of Mortgage Lenders and The Building Societies Association - together with

Japanese Knotweed control companies to develop the Invasive Weed Control Group.

The trade body, noted for its technical expertise, has also developed a code of practice and an industry-recognised training programme for its professional members and those interested in the biology and control of the plant.

Mr Hodgson said: “The control of Japanese Knotweed has attracted a string of rogue traders claiming they’re able to eradicate problems in a short space of time and for very little money.

“But the PCA’s Invasive Weed Group has been created to uphold standards and make sure clients get the correct outcomes.

“Members have been audited and meet the necessary standards to gain admission to the Association.”

Education remains the deciding factor when combating Japanese Knotweed effectively - a consideration that the PCA fully understands. The Association, which provides courses and qualifications

for the control and eradication of Japanese Knotweed, is launching a new training programme geared specifically towards local authority professionals looking to broaden their knowledge of issues surrounding invasive plants.

Of the programme Mr Hodgson commented: “Japanese Knotweed is just a plant and we are taking all steps necessary to ‘normalise’ it, so it is viewed generally as any other type of property problem, in that it can be identified and treated, with minimal impact.

“Our comprehensive training programme already operates different courses, at technician and surveyor level, and this latest course is a further step in achieving this objective.”

The course follows a recent announcement from the Home Office that it has reformed anti-social powers to introduce Community Protection Notices. These may be used to deal with Japanese Knotweed and other non-native invasive species.

The Anti-social Behaviour, Crime and

Policing Act 2014 could see fines of up to £20,000 imposed on companies failing to address the issue. Individuals would also be compelled to comply or face a fine of up to £2,500.

In order to remain flexible, the new powers do not explicitly reference Japanese Knotweed or any other non-native plants.

Local authorities are now able to issue a Community Protection Notice if a person or organisation’s conduct is deemed unreasonable or having a detrimental effect on the quality of life of those in the locality.

Officials and environmental pest control services are also able to enter private property without permission if that land is deemed to contain Japanese Knotweed or any other potential threats.

The revised legislation has been welcomed by many longstanding campaigners frustrated by the environmental havoc and financial burden caused. The potential cost of eradicating Japanese Knotweed in Britain is estimated to be in excess of £1.25Bn. Previously a staggering £70M

was spent clearing the invasive species from a ten acre London 2012 site.

Mr Hodgson added: “The recent Home Office Guidance that could be applied to Japanese Knotweed means there is a requirement for those in local authorities to be able to correctly identify Japanese Knotweed and also to identify workable strategies for its control and eradication.

“As a result we are offering this short course to council officers, who need to understand the technical problems and solutions to dealing with Japanese Knotweed, as part of their updated duties.

“The training will include modules on the identification of Japanese Knotweed, setting and defining community trigger points and an outline of suitable control and eradication strategies.”

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Giant Hog weed Quick Facts Common Name: Giant Hogweed Botanical Name: Heracleum mantegazzianum Areas affected: Gardens and allotments adjacent to infested woodland, heathland or common land Main Causes: Seed Spread

The Problem Giant Hogweed was first introduced to Britain in 1893 as an ornamental plant. It spreads from gardens and now covers many areas of wasteland and river banks in the British Isles. By forming dense stands it can displace native plants and reduce wildlife interests. During winter when the plant dies back it leaves the area bare of vegetation, increasing the risk of erosion and re-colonisation from seeds washed downstream.

Health: You’ve seen the News?

It is essential that full protective clothing is worn when working near Giant Hogweed. Hairs on the outside of the stems and leaves, and poisonous sap on the inside can cause severe skin irritation. Blistering occurs 24-48 hours after initial contact and dense pigmentation is visible 3-5 days. This may persist up to six years.

There are many stories out there at the moment all over the news with people suffering burns, skin conditions and scarring from this plant from children playing in parks to dog walkers. Burns can last for several months and some sufferers report that the affected area of skin remains sensitive to light for years afterwards.

Legal It is an offence under section 14(2) of The Wildlife and Countryside Act 1981 to plant or otherwise cause to grow in the wild any plant listed in schedule 9,part2. This includes Giant Hogweed.

Elcot Environmental’s Role With experience in invasive plant eradication and ongoing management going back to 1982,Elcot Environmental have been providing specialist Invasive Plant Management since the mid ‘90s. Clients include the welsh development agency, local Authorities and Major developers. Elcot Environmental, a PCA accreditor for invasive weeds is the company many contractors use time and time again.

Contact Us. 01793 700100 enquiries@elcotenviro.com

Everything about the product: www.wilo.co.uk/ consultant

“Efficiency redefined.”

Innovative technology for energy-efficient pressure boosting systems.

If the result is more than the sum of its parts, that‘s typically Wilo. Maximum energy efficiency is provided by the interplay between EC motors and High Efficiency Drive with highly efficient pump hydraulics. It creates a constant system pressure in a system with pressure loss optimisation. The Smart Controller and red-button technology permit simple operation and complete transparency of the operating status. Wilo makes the difference!

Go to www.wilo.co.uk/consultant for the full story T: 01283 523000 E: sales@wilo.co.uk Wilo-SiBoost Smart Helix EXCEL, the trendsetter ƒ Maximum energy saving due to EC motor, High Efficiency Drive and highly efficient pump hydraulics ƒ Long service life and high operating reliability due to corrosion-resistant stainless steel and integrated dry-running detection ƒ Simple operation and transparency about the operating status thanks to redbutton technology and Smart Control ƒ BUS interface for intelligent incorporation into building management systems

www.dontslipup.com

CASE STUDY UKC

Turning visions into reality, how BIM is changing the future of construction Richard Allen, Marketing and Business Development Director at voestalpine Metsec plc, looks at the importance of BIM (Building Information Modelling) BIM is no longer considered as the up and coming force in construction and building design, it is now the present and the future. The Government’s 2011 BIM strategy announced its intention to require mandatory collaborative 3D BIM on all central government funded projects by 2016, now just six months away - yet some parts of the industry are still getting to grips with certain aspects of the legislation. So why does the Government see this as so important?

Ultimately, BIM is driven by a desire to improve efficiency within the industry and provide a universal modelling system that improves both construction and the management of buildings.

What exactly is BIM and how is it changing construction projects?

As a concept that was first invented way back in 19701 as a way of pooling and sharing information between contractors - BIM is finally benefitting from the modern technology required to catch up with the original idea. BIM enables architects and contractors to go far beyond the previous two-dimensional drawings that formed a project. Now, elements such as design, time, manufacturing and cost can all be factored into the building information model - meaning that BIM represents not just geometry, but conjures a projected reality that is shared with the different professionals and disciplines involved in a construction project.

From a project planning perspective, BIM

has become remarkably useful. Similarly, the model of information created can be shared, amended and updated from the design team to contractor, subcontractor and operator - ensuring that no aspect of design and planning can be overlooked, as well as providing a system of ensuring that all team members are working to the same standards as one another.

How on track is the UK when it comes to rolling out BIM for 2016?

As the BIM 2016 deadline draws ever closer, there have been increasing doubts amongst construction professionals over whether the UK will be able to meet the government target. A recent survey found that 71%2 of respondents believed that the industry would not be BIM ready by 2016. The main reason for this is believed to be the lack of understanding of BIM throughout the entire supply chain, causing a non-collaborative approach.

According to the 2014 NBS National BIM Report3, 54% of UK construction professionals used BIM on at least one of their projects, whilst 93% of those who know about BIM believe they will be using it in three years’ time. As the awareness of BIM is now widely spread, the challenge is for the whole industry to get up to speed on the BIM learning curve, and really understand what BIM can do for them. Challenges so far have mainly been due to the absence of collaboration in the construction team and its supply chain – something that, at voestalpine

Metsec, we’re proud to have lead with a collaborative approach for over 20 years.

In order to meet the 2016 deadline, it is important that software vendors and data providers work to encourage every strand of the construction industry to work together to make BIM happen ensuring that easy to use software is being created,. However, it is also important to remember that BIM is not purely about the software - it’s a cultural change within the construction industry.

At voestalpine Metsec, we’re committed to working together with every aspect of the construction process to ensure that the BIM process can be applied as transparently as possible. BIM has grown to become an integral part of the ‘Metsec’ service offering and we make use of its cross functional properties to ensure we deliver engineered solutions for the main contractor through accuracy and zerowaste. The UK construction industry is large and complex and many see it as slow in adopting change. Many of the principles of BIM are already being implemented in projects across the building industry, but to set a consistent standard for project delivery and operational performance, it must be utilised by the entire industry to ensure we’re all working to the same high standards.

For more information on Metsec, please visit: www.metsec.com. Alternatively, connect with Metsec via @MetsecUK or facebook.com/MetsecUK. Richard Allen

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UKC CASE STUDY

Alliance Leisure plays pivotal role in multi million pound redevelopment In partnership with Alliance Leisure Services, North Country Leisure – part of the Greenwich Leisure group – has completed an extensive £3M transformation of Eldon Leisure Centre. Commencing in January 2015, the facility opened its doors fully to the local community in June; the entire redevelopment completed in under five months.

Situated at the heart of Eldon Square Shopping Centre, Newcastle, North Country Leisure secured a competitive tender for the long term asset transfer and operation of the facility. Commercial, future proof solutions were required to transform aging facilities first built in the 1970s. Innovative and sustainable schemes tailored to the local community were key for the regeneration project.

Phase I of the scheme saw the fitness centre transformed into a brand new 12,000sq ft 145-station gym; one of the biggest in the North of England. The facility also offers a dance studio and

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dedicated branded group cycling studio.

Recognising the change in leisure demand and growing population in the local area, Eldon Bowl, once an indoor bowling green, has also been transformed into a 10,000sq ft eight lane, ten pin bowling facility. Both facilities were opened on 25th May 2015.

The second phase converted half of the ageing six court sports hall into a new Vertigo Adventure Climbing facility alongside the introduction of a significant Adventure Play provision, and newly created modern cafe and dining areas.

Roger Tames, Chair of the NCL Newcastle Area Board says: “I think the public are in for a pleasant surprise when they venture upstairs to the new Eldon Leisure. Eldon Bowl looks brilliant - bright, sharp and just the place any modern family would love to spend a few hours. The new gym is a real eye catcher as well; the light and airy atmosphere is a great training environment. Add to that, Vertigo and Jungle Jacks and we now have something for all ages. With the new phase of the

redevelopment of Eldon Square starting in the near future, the centre of Newcastle is on the brink of massive change. Eldon Leisure is already providing a real taste of the future as we see what we’re getting for a really significant investment.

“The team at Alliance Leisure have provided the expertise we needed to not only provide first class facilities to our local community, but they have also been instrumental in providing training for our team on the new facilities, along with dedicated sales support.”

James Foley, Business Development Manager at Alliance Leisure adds: “In partnership with North Country Leisure we have successfully transformed an ageing and costly facility into a highly innovative sport and leisure destination for all ages. In a challenging environment and short space of time we have delivered a smooth, efficient facility transformation that will inspire the local community to enjoy regular physical activity and most importantly have fun along the way.

A financially sustainable development has also been created for the Trust.”

Phil Steele, General Manager, intu Eldon Square, confirms: “intu recognises the value of Eldon Leisure and has been supportive of North Country Leisure and Alliance Leisure’s innovative proposals to create this fabulous new focus for family entertainment and look forward to the new Eldon Leisure being part of an exciting, thriving and vibrant destination at the heart of the City Centre.”

The transformation of Eldon Leisure Centre comes hot on the heels of a recent scheme, similar in scope. Stateof-the-art sports and adventure facilities have been officially unveiled at Cwmbran Stadium, thanks again to another fruitful partnership – this time between Torfaen Leisure Trust’s and Alliance Leisure.

Top of the range fitness facilities, soft play and a 19 wall VerTGo climbing facility are now on offer to the local community, with a full size 3G pitch due to open at the end of the summer.

The £1.7M redevelopment project, which commenced in December 2014, has taken a two phased approach. Phase I converted

a four court sports hall into a 19-element VerTgo climbing facility, a 500sq m soft play area and a new cafe. The ageing interior of the old reception area was also modernised with more efficient lighting, engaging artwork, signage and new furniture.

The doors opened on 7th April 2015 and within the first weekend the facility was at capacity allowing 180 children and families to explore and enjoy their new adventure sporting facilities. A brand new 350sq m, 75-station fitness facility has also opened, replacing the old cafe. A selection of Technogym equipment has been installed including CV, strength, functional and free weights. Ahead of the gym’s opening on 20th April, 120 memberships had already been signed.

The final phase of the development is currently in progress with a full size grass pitch being transferred into a state of the art, 3G pitch.

Julia Goddard, Business Development Manager, at Alliance Leisure says: “We are proud to work in partnership with Torfaen Leisure Trust to develop first class sporting facilities for South Wales. Through creative design the leisure centre boasts modern

facilities to engage and inspire the local community. The new climbing and soft play area brings a completely new customer base to the facility, previously not catered for. Taking part in physical activity as a family is so important and we are excited to provide this for the Cwmbran community.”

Sally Church, Chief Executive of Torfaen Leisure Trust confirms: “The new developments for Cwmbran Stadium will help Torfaen Leisure Trust deliver on its three keys aims; to have ‘more people, more active, more often’, to support long term sustainability and future investment and to ensure value for money. Despite the current financial climate and significant spending constraints the Trust has invested in crucial redevelopment works to provide new activities with particular emphasis on children, young people and families.

“We appointed Alliance Leisure as our delivery partner; they’re an extension of our team and always work hard to support our development’s success.”

A number of partners worked on the project, including Createability, Hangfast, Play Revolution, Ritchies Cafe and South Wales Sports Grounds.

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UKC CASE STUDY

The Annual Investment Allowance and what it means for your business In 2008, the Annual Investment Allowance (AIA) was introduced to help small businesses increase productivity and scale with large investments by allowing them a 100% tax allowance on qualifying capital expenditure such as equipment and machinery in the year of purchase.

Initially, AIA provided 100% allowance on the first £50,000 investment of qualifying purchases. The maximum allowance was then increased to £100,000 from 1st April 2010 and then reduced down to £25,000 with effect from 1st April 2012. The Chancellor announced in his Autumn Statement on 5th December 2012 a temporarily increase to £250,000 for a two-year period from 1st January 2013 to 31st December 2014.

In the budget statement in March 2014, the AIA limit was temporarily increased further from

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£250,000 to £500,000 per annum, with effect from April 2014. The limit was due to revert to £25,000 with effect from 1st January 2016 but the recent emergency budget saw Chancellor George Osborne increase the permanent level of AIA from £25,000 to £200,000 for all qualifying investment in plant or machinery made on or after 1st January 2016.

Whilst a reduction from the temporary figure of £500,000, the increased new permanent AIA is designed to encourage investment by providing a permanent generous incentive to invest in plant and machinery and give certainty to businesses planning to invest. The initiative is also expected to help suppliers and manufacturers by increasing their order books.

The level of reassurance provided by this measure should see those business owners who have been holding off

making purchases of plant and machinery because of economic uncertainty, be able to proceed and invest with a significantly reduced level of financial exposure.

AIA is available to any business paying corporation tax or income tax, with the only exceptions being a mixed partnership and trusts.

Most assets purchased by a business qualify for the AIA and include office furniture and equipment; vans, lorries and equipment, building fixtures, eg. shop fittings, kitchen or bathroom fittings; business machines, eg. printing press, lathes, tooling machines; tractors, combine harvesters and other agricultural machinery, gaming machines, amusement rides; computer hardware and qualifying software; computerised/ computer aided machinery including robotic machines; wind turbines and fibre optic cabling; and driving school cars

(adapted with dual control mechanisms).

Items of that don’t qualify are land, buildings or cars; expenditure incurred in the accounting period when trade ceased permanently; existing plant and machinery; plant and machinery that was gifted.

Further exemptions are plant and machinery used by a person for leasing under a long funding lease and subsequently brought into use by that person for the purpose of a qualifying activity; and a change in the nature/conduct of the trade carried out by a person other than the person incurring the capital expenditure and the AA is the main or one of the main benefits of making the change.

The Annual Investment Allowance is also relevant to those companies leasing equipment. The AIA can be claimed where a hire purchase (HP) agreement is in place with intent of ownership. The full

amount does not have to be paid in full for the plant or machinery to qualify for the allowance. The AIA is given as though an outright cash payment was made and ownership is deemed form the beginning, even though the rental payments are made over the HP term agreement.

Tax relief is also available on interest charged to the profit and loss account.

Assets that are purchased under lease agreements where the lessor has the right to claim capital allowances are not eligible for the Annual Investment Allowance. If a lease is treated as a long funding lease, the lessee will usually be entitled to claim capital allowances and it is advisable that any person in this situation seek advice from their tax advisor to check their AIA entitlement.

Another thing to consider is that investment in certain green technologies is eligible for enhanced capital allowances (ECA).

There is no maximum limit for ECA and it is a 100% first year allowance (FYA) available for the cost of the purchase in the chargeable period in which it incurred. The FYA is not subject to time apportionment if the chargeable period is less than a year.

In terms of claiming AIA, the allowance can only be claimed in the period the item was purchased. This is defined as when a contract is signed, if the payment is due within less than four months and when payment is due, if it’s due more than four months later. Also, if you sell an item after previously claiming AIA on it, you may need to pay tax.

Before the AIA limit falls to ÂŁ250,000 on 1st January 2016, it may be prudent of those businesses looking to invest in the near future to investigate the possibility of investing before this date while the higher temporary limit is in place.

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UKC CASE STUDY

The Smart Dilemma?

We are told that Smart Cities, Smart Grid and Smart Meters (not to mention certain companies that promote a Smart Planet!) will be the saviour of all known problems. Technology we are also told will solve what man has been unable to grapple with so far……….doing more for/with less!

Smart, it appears, is the new wonder drug that will solve all ills. The reality is that much of this is seen as hype or, at best, proof of concept projects that find it hard to deliver the figures needed for commercial roll-out.

The assumption that underpins all of these other assumptions is that we have the right governance structures in place to deliver these benefits. This basic assumption is the Achilles heel of the Smart Future.

From this basic assumption we have developed all of our key delivery metrics; lowest cost is always best (qualification – lowest cost CAPEX is always best), by delivering ‘silo’ based projects to deal with one or a small collection of related issues e.g. transport or energy we will Smarten our Cities and Communities, if

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the market is a monopoly (e.g. electricity transportation) then regulation will make it competitive and the list could continue.

Smart technology can only deliver the maximum benefits when used in conjunction with a Smart Governance model. This is confirmed time and again when Local Authorities try to make a business case and impact analysis for technology led projects. They have to be “inventive” in their business case constructs in order to be able to make the benefits add up and flow to the investor and also promote “soft” benefits to sell the project to the authorisers.

A new more realistic approach is required if we are to really benefit from the interfaces between technology, people and infrastructure. It starts with

questioning if the governance model is fit for the purpose we are trying to achieve. How can it evolve rather than be changed? – legislation is hard to change but easy to get wrong. How can standards, regulation, procurement, contracting, management, etc play a constructive part in delivering the main aim?

Our approach lately has been to innovate and create technology that will be useful……..if, and only if, a problem can be found to maximise the technology’s functionality. It is then deemed a success because the problem that we didn’t know we needed solving has been solved!

People, on the other hand, living their lives are told that these technologies will result in a more cost efficient and richer lifestyle. So where is the balance between

designing infrastructure to match the technologies that exist (or are imminent) compared to designing infrastructure that is how we wish to live our lives? It is only after this question is answered that we can stop the oft quoted requirement that “behavioural change” is required to meet our technology deployments….. does a Smart Meter fit into this category?

The other interesting issue to confront the “Smart Infrastructure” debate is the fact that technology is often seen in a complete vacuum to the world that it will exist in, save for the “technical” aspects. Given that many of our challenges are with Market Structure, Procurement, Commercial Contracting and Environmental issues, not to mention Government legislation cycles, Standards cycles, regulatory cycles and many others that could be listed (you will note that social is usually well down the list, if mentioned at all!), dealing with the

technical issue and then telling a story as to how this can deal with all the other issues seem to be rather cathartic!

So what can be done? Is it all too difficult?

Is the problem of whole system modelling unable to take account of these complex relationships and that just accepting product after product and service after service as the only solution to our future.

Will people be able to adapt to the technology solutions being proffered?

But wait a minute, did we not want technology to help us live the lives we wanted to live not the other way around!

The rejection of much of the behavioural change required by technologies such as Smart Metering, driverless cars, health regimes, living in hermetically sealed boxes, etc. are all symptomatic of using technology to drive people rather than people using technology to live their lives.

Global Smart Transformation is working

with likeminded partners and local authorities to design smart infrastructure to support cities and communities to live their lives and make the best use of the limited resources available to support their life choices. A Smart City or Community is not one with the ability to only cater for those that are technology literate or able to pay for the latest widget or live in the right post code and socio-economic class. A Smart City or Community understands that some citizens know the art of the possible, while others need to be supported in that discovery. It provides local decision support, not centralised or monopoly based organisations prioritising on their behalf. It caters for all ends of the social spectrum by using technology to develop new and innovative business models that have hitherto been assumed incompatible with the need for profit to be the only driver.

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By starting with understanding the various governance frameworks that exist and how these can be used to advantage, rather than as a barrier, allows a freedom to operate that is not normally considered for communities. By understanding the needs of the community in terms of their particular direction of travel, a holistic approach to energy, transport, built environment, etc. can be understood and developed with the community. Communities often already have champions but lack the support to encourage them to think about underlying requirements such as infrastructure – that is something that others do to them – like the council or government!

Using toolsets to remove complexity and allow communities to focus on how they wish to develop their neighbourhood rather than focus on how they can incorporate this widget or that standard liberates thinking.

New business models tend to become ‘obvious’ with new social enterprises or not-for-profit entities seen as vehicles to deliver community services. This approach can relieve hard pushed local authorities and also allow partnerships to flourish. It is only then that technology options can be considered to allow the local economy to flourish and provide local SME’s with the lion share of implementation. Why local? Because the challenge for most trials and pilots is they become unmaintainable

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when the trial finishes and they become a ‘legacy problem’! By developing local solutions and implementers the skills and competencies are rooted in the area so that it becomes their ‘domestic market’ before they grow and export those skills elsewhere and become local there.

Is it the cheapest way to do things? Well if you look at the normal way of evaluating these things then no! E.g. based on lowest cost capex project evaluation for that particular silo then the cost could probably be achieved at a lower cost. The impact and cost when evaluated with how it integrates into other projects and the running costs over time, if considered, could demonstrate how multiple pay back might be achieved.

The moral of the tale lies in changing the KPI’s to reveal the true cost of NOT integrating in a holistic approach.

The approach is complex but not complicated. Planning departments, economic regeneration, social care and many more departments suddenly find that pooling resources with local private enterprises can result in major simplification of their goals and technology can play a key role in assisting the community to unlock local solutions otherwise not considered.

The subtle difference between technology first and people first is often difficult to perceive but the result of people pulling technology rather than authorities pushing technology is seen in the results of people living their lives as they wish to and the success of the technology deployed.

Smart then becomes a mixture of people, place, technology and time. Often the ideas are transferable but also some communities can be more mature than others which becomes a challenge if the

receiving community has not achieved the same stage of understanding. This is where the art of support and a learning community differs to the top down ‘support’ that is seen as an imposition or requiring behavioural change. In these situations the technology requirement is different and less obtrusive but provides an opportunity to learn and grow as a community. Cities are made up of multiple communities and they are not all uniform. Smart in one place may be someone else’s spy or privacy imposition.

Security, safety and wellbeing are the first key elements of Smart Infrastructure, followed by efficient management of limited resources for the benefit of the community with regard to all not just those that are in the right part of town.

Technology enables our way of life – it does not dictate it. People, in general, want to feel in control. Smart Cities and Communities is not about technology – it’s about how people can live their lives aided in their ambitions by technology – a subtle and often overlooked differentiator.

Being “Smart” is not the point – having the right understanding of governance, people, place and time is the point.

None of which starts with technology but definitely ends with it to enable the Smart City or Community!

Author: Duncan Botting, MD Global Smart Transformation Ltd. duncan.botting@globalsm arttransformation.com

COMMERCIAL UKC

DriveIt: The Light Commercial Vehicle Show UK Construction Media reviews the second annual DriveIt exhibition which took place in Bruntingthorpe between 7th – 9th July.

July saw the second annual DriveIt event take place.

Lasting for three days, the Light Commercial Vehicle (LCV) show is the only one of its kind in the UK which brings buyers and sellers together in one place, giving the opportunity to test drive any vehicles to find out their suitability for any individual’s particular business.

The exhibition is also fortunate to be able to count on the support of the Society of Motor Manufacturers and Traders (SMMT), which is vital to the success of DriveIt. SMMT is in existence in order to promote the UK’s automotive industry both at home and abroad, working with member companies to be the voice of the motor industry, promoting its position to the Government, stakeholders and the media.

The overall event itself was very impressive.

During the time spent there, details were given about the industry, how vehicle registrations are on the rise, and experts from a range of fleets were on hand to give advice on which vehicles would be suitable for which businesses.

Potential buyers were able to try out a host of vehicles exhibited by Ford, Merecedes-Benz vans, Renault UK, Citroen, Vauxhall, Peugeot, Fiat, Renault Trucks, Izuzu, to name a few.

A personal experience saw the testing of a Peugeot CV Boxer Van. Given the chance to get to grips with the driving qualities of this LVC was interesting enough, but more so was delving deeper and finding out exactly the type of advantages available to construction companies.

This included the fact that the vans have an option whereby the terrain travelled on could be detected and speeds/braking amended accordingly. This is especially reassuring for those taking heavy loads from site to site.

Elsewhere, Citroen went to innovative lengths to reassure potential customers that vans, despite the opinion of some, handle very well in all conditions.

A rally driver was on hand to take people around the track in their vans, taking corners at a minimum of 70mph in the process.

Of course, this is not what a construction company would or should use the vehicles for, but the wider point was made in an interesting way; vans are much easier to handle despite the common perception.

SMMT’s involvement in this event is important. Their constant presence and that of their members helps to make DriveIt the success that it is.

During the event, SMMT celebrated the

growing demand of LCVs this year in comparison to what has gone before.

Commercial vehicles have reached a record half-year total of 209,515, with the van market hitting a high of more than 186,000 registered in the first six months.

The number of vans purchased in June exceeded 35,000, which represents a rise of 16.4% from June 2014. Meanwhile, the total up to now this year is almost 20% higher than in 2014 and in terms of the rolling year, there has been an increase of 20.2% in van registrations.

Trucks also fared well in June with a 41.5% jump from June 2014 and in the year to date, 23,111 trucks have been registered; a 40.6% rise.

It continues a trend that has seen LCVs to 3.5 tonnes increase every year since 2012. As it stands, 2015’s figure is set to comfortably eclipse that of 2014 which topped 300,000 new registrations.

But what can the increase be attributed to?

Nigel Base, Commercial Vehicle Manager at SMMT, believes it is a combination of factors that are working together, with business confidence, home deliveries and the rise in self employment pinpointed.

He said: “If you look at unemployment for example, about 50% of the reason for the drop is self employment. So electricians, plumbers etc are coming into the market.”

The advantages of personal leasing were also highlighted because, as Nigel added, it makes “vehicles easier to purchase,” given that companies or self employed specialists can pay around £300 a month to lease a vehicle.

This and the fact they are cheaper to run make them an important and viable alternative to larger industry vehicles.

Nigel added: “Vans are cheaper, more flexible, cheaper to run and do about 30 miles to the gallon. The productivity is better because you can use a van 24 hours a day.”

But as much as the positive news about record vehicle registration, SMMT was also extremely keen to get another message out into the public domain; concerning the safety aspect of driving LCVs. There is a need to raise awareness with the Department for Transport in particular interested in ensuring that vehicle operators drive and load in the safest way possible.

Nigel explained that in the market of MOT failures, 20% of cars fail at first presentation and although the figure is the same for trucks, when they are taken to a franchise dealer, failure drops to 5%, with some a 100% pass rate recorded

by some dealers which, Nigel said, “tells you something about the regulation.”

“That’s not a good statistic and also tells you something about the condition of these vehicles,” he said.

“Also, when the Driver & Vehicle Standards Agency (DVSA) stop these vehicles at the roadside, 91% are overloaded, so it’s a concern.”

Much of the overloading issue is done entirely innocently, with workers unaware that they are doing so.

SMMT is looking to raise awareness through self-regulation with the help of the DVSA, Freight Transport Association (FTA), and Road Haulage Association (RHA). SMMT’s members are also working hard to raise awareness and are fully cooperative in the process.

Leaflets have been produced and distributed, and there are daily walk-round checks.

Nigel continued: “It’s about culture more than anything. I don’t think people are deliberately overloading.

It’s just about education.

“We don’t see the need for regulation but rather to raise awareness. You’ll always have the serially non-compliant but they are a tiny proportion.

“Most people, if you gave them enough evidence, would become aware of it.”

The challenge is making sure companies know when they are overloading vehicles, at what point they become too heavy and therefore dangerous, and ensuring that this message makes its way down the supply chain to end users and operators.

While this process is going to take time, it is a problem that SMMT believes is solvable.

So the experience of DriveIt was the whole package; enjoyable and informative regarding the use of the fleets, and eye opening in terms of what has been achieved by commercial fleet vehicles and what needs to be done in the future.

The exhibition is a must for anybody in the industry.

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UKC COMMERCIAL

Bristol Water Plc Head Office Work has very recently completed at Bristol Water’s Head office building, where the aging building has been totally revamped, creating a modern workspace for the Company’s staff and visitors.

UK Construction Journal spoke with Jeff Sell, Senior Project Manager for Bristol Water Plc, about the project: Could you first of all provide our readers with an overview of the project? What was the purpose or need for the renovation?

The building in question was constructed in 1963. Since then it’s probably fair to say that there hasn’t been a great deal of work done in terms of refurbishment. It was in a very poor state of repair – little had been done to it though it did go through an internal refurbishment some 25 years ago. Externally the building was mosaic faced and the mosaic cladding was delaminating from the substrate, while internally it was looking very tired.

Secondly, there was a desire to centralise the Company’s office based staff in one location. We were split over two sites, the other being no further than one mile away from our head office. The project therefore entailed the extension of the building to allow us to accommodate our entire office based staff in one location.

Those were the two key drivers.

What advantages does a centralised workforce provide?

There are many synergies to bringing the staff together. Culturally there are huge benefits. The other site that we’re bringing here – to head office – are operational staff. There has been a difference in

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culture and the Company is keen to bring everyone together and drive efficiency: To enhance teamwork and realise those synergies from one location.

It also allows us to dispose of other sites and essentially fund what we’re doing here.

What improvements have been provided as part the extension and refurbishment?

In 1963 the building was considered quite innovative, but by current standards it was some way behind.

We’ve essentially enhanced basic things such as thermal performance, and we’ve brought the envelope up to current building regulation standards.

Energy efficiency has been very high on the agenda. There have been many initiatives such as internal lighting presence and absence control and daylight dimming, as well as new efficient heating plant and increased insulation values. There are a lot of water efficiencies as you would expect from a water company including rainwater harvesting, the inclusion of waterless technologies, sensor and flow control devices. The use of self-cleaning external envelope finishes will also reduce water usage.

The project is being assessed under BREEAM. When the scheme started it was taken as a pilot project for the new non-domestic refurbishment BREEAM assessment, which is now in place. This scheme helped develop that standard.

Is it difficult working within the constraints of an aging building?

It has been quite difficult but the biggest challenge has been undertaking the project while keeping the building

operational. We’ve been shuffling people around the building in its extended form. The extension was the first thing undertaken as it gave us a buffer area and allowed us to manage the project through three phases of decant moves.

That’s been quite challenging and the thing to note is that the refurbishment has been fundamental, back to the shell of the original structure. A complete refurbishment with new services and new fabric finishes.

How has the refurbishment been phased?

The project was divided into three key phases and the refurbishment itself into three again. The very first phase was to address the condition of the external mosaic which was presenting a health and safety issue.

For this the building was re-clad.

The second phase was to extend the building. We’ve added a new wing to one aspect of the building, which is very much in keeping with the architectural style of the original building. We also extended our car park to allow for construction site compound requirements.

The internal fit-out and refurbishment, including the extension shell and the existing building, was the third phase.

That was split into three distinct phases, pretty much by floor. The extension was done first, after which we worked our way down from the second and first floors to the ground floor, which we’re just about to finish.

What is the structural composition of the extension? Does it match the exterior of the existing building?

The Partnership is pleased to act as Quantity Surveyor to Bristol Water on improvements to their Headquarters in Bedminster, Bristol.

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The main core of the existing building has been described as a square donut – square on plan but having a central courtyard which was infilled at first floor level back in the eighties. The building also has two projecting wings coming off that core, both at first floor level.

The main core has a reinforced concrete frame with RC slabs, while the two wings are of a much lighter weight – reinforced concrete slab but with steel frame lattice beams and a profiled steel deck on top of that.

The extension is steel framed with composite pre-cast concrete slabs, structural screed over the top and framed external walls. Is it very much in keeping with the existing building and looks part of the original structure.

What is the approximate floor area of the extension?

The extension is in the order of 700sq m. It is over two-storeys and ‘on stilts’.

At ground floor level there’s parking facilities underneath, which is open to the main car park. Office accommodation is provided at first and second floor levels.

How have you gone about minimising disruption to staff and ongoing services?

Good communication and a lot of detailed planning. What we tried to do is minimise the number of staff moves throughout the whole process. In many cases staff have only moved once – some have moved twice and there’s a few that have

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moved three times. It’s been far less disruptive than many first feared however.

A challenge of the phasing has been maintaining fire evacuation routes and keeping existing services running while transitioning to new systems.

Who is the Main Contractor & Architect? What factors contributed to their appointment?

The project was first conceived some years back but stalled for various reasons around funding. We went through an appointment process with the architectural practice, GCP, who we had worked well with previously. We appointed them directly in the first instance and put together the outline design. With GCP in place, we also appointed other consultants with space planning, interior design and acoustic expertise. We worked on the design with that consultant team to a point where we then tendered the main works. Once the works were awarded to Thomas Vale Construction, the consultant team were then novated across to the contractor to retain that continuity through the whole process – something that’s worked very well. If we had tendered without that novation, a lot of the continuity and thinking that had taken place throughout the planning stage could have been lost. That continuity from the outset right through to completion – albeit with design team working for the Main Contractor – has worked well for us.

The only exception has been the interior

designer who stayed on the Client’s side.

When did construction commence?

The internal refurbishment phase started in February 2014. Prior to that there was about nine months for the extension.

Overall the project began over two years ago, which is a long time. This has been prolonged by the phasing which has been another challenge. Many staff are surprised that we have done what we have without any real disruption. We implemented things like quiet periods to give a bit of respite during the day.

When is completion due?

The contractor achieved practical completion on 24th July 2015.

Are there any points not mentioned that you would like to discuss?

I think we’ve got a good mix of workspace within the building. It’s largely open plan, which was a big concern to many within the Company. Nobody has an office, not even our CEO. There was a lot of reservation around that but those fears haven’t come to anything. We’ve got a good mix of work or quiet rooms as well as bookable meeting space.

We’ve got an impressive new atrium. The courtyard I mentioned that was infilled to first floor level now forms a twostorey atrium. It’s an absolutely fantastic focal of the building, which I think it lacked previously. It’s an informal space and it has proven really successful.

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