Vinden Partnership ebook by BIP Solutions

Supplying top quality services for the construction industry

Assessment Services

Construction Management

Housing Quality Indicators (HQIs)

Building Surveying

Contract Management

Insurance Services

Business Turnaround in Construction / Corporate Recovery

Dispute Management

Social / Affordable Housing

Expert Witness

Company Health Checks

Fund Monitoring

Specialist Services

CDM Co-ordination Commercial Client Services

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Assessment Services Overview The Vinden Partnership is conscious that construction must become more ‘green’ and is committed to providing a more ethical service and assist other stakeholders to do the same. We are able to advise on how construction can ease the burden on the environment. This section highlights the services we can provide to monitor and achieve approved ratings, or better, for our construction clients. We offer general advice as well as the following monitoring and assessment services:

• Code For Sustainable Homes Assessments & EcoHomes Assessments • Site Waste Management Plans (SWMPs) • Prediction Assessments

Code For Sustainable Homes & EcoHomes Assessments The Vinden Partnership is fully certified to provide both Code For Sustainable Homes and EcoHomes Assessments. Numerous staff are certified with the Building Research Establishment (BRE) to provide these services. Code For Sustainable Homes Assessments have been created to assess new-build homes only and provide an independently verified environmental assessment of individual dwellings. Homes are graded on a scale of Levels 1–6. EcoHomes Assessments will remain for the foreseeable future as a means of assessing refurbished dwellings and grading them on the existing Pass / Good / Very Good / Excellent scale.

• Design Brief Reviews

Both Code for Sustainable Homes and EcoHomes give a credible label to homes and demonstrate the following:

• Building For Life Assessments (BFLs)

• Standard Assessment Procedures (SAPs) • Energy Performance Certificates

• Sustainability credentials to planning authorities to assist smooth passage through the planning process • Green credentials to investors, owners and inhabitants • Superior environmental design resulting in:

(ii) Healthy comfortable and flexible internal environments

(iv) Giving developers an advantage with development regulations

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(i) Reduced running costs through greater energy, water efficiency and reduced maintenance

(iii) Less dependence on the car and other transport methods

Assessment Services (cont’d) Site Waste Management Plans (SWMPs)

Prediction Assessment Service

New legislation which came into force in April 2008 states that all construction and refurbishment projects with a value in excess of £250,000 (including labour and materials) must have a Site Waste Management Plan.

The Vinden Partnership has worked with numerous social housing and commercial clients who have identified that an indication of a likely Code For Sustainable Homes or EcoHomes Assessment rating is helpful in advance of the full information being available. Here we can provide a prediction of the likely outcome. This is especially useful where a specific rating is required.

DEFRA have empowered Local Authorities and the Environment Agency to monitor the implementation and use of the SWMPs and are authorised to check and assess their effectiveness. It will be an offence not to produce a Management Plan or to fail to implement or comply with a produced Plan. A Plan will set out parameters on how unwanted construction materials and packaging will be monitored, reduced, reused, recycled and disposed. The Vinden Partnership can:

•P roduce Site Waste Management Plans from procurement stage through to project completion •R eview procedures via Key Performance Indicators and benchmarking data

•U ndertake waste audits identifying your company’s waste and waste streams

• Provide general advice on improvement, training and support for your organisation

Design Brief Review The Vinden Partnership can undertake a full review of your current documentation including Design Briefs, Standard Employer’s Requirements and the like to ensure compliance with the main EcoHomes requirements.

Standard Assessment Procedures (SAPs) The Standard Assessment Procedure (SAP), like Code For Sustainable Homes and EcoHomes, is run by the Building Research Establishment (BRE). This measures the energy efficiency of new and refurbished homes and considers build and construction details and properties. Building materials, heating systems and the like are measured against stock values provided by the Government. Every dwelling in a development is assessed and given a Target Emission Rate which must be achieved to pass Building Regulations. The rating is given as a mass of carbon emitted per year per m2 area of a dwelling. The Vinden Partnership can produce the assessments and advise generally on how assessments can be improved.

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Assessment Services (cont’d) Building For Life Assessments (BFLs) Building For Life assessments measure the design quality of new housing developments and it has become the national standard for well designed homes and neighbourhoods. Good quality housing design can improve social wellbeing and quality of life by reducing crime, improving public health, easing transport problems and increasing property values. The assessment consists of 20 criteria, with the development scoring “very good”, “good”, “average” or “poor”. The Vinden Partnership can undertake informal BFL assessments, however formal assessments must be undertaken by a local authority.

Energy Performance Certificates Energy Performance Certificates have been introduced to help improve the energy efficiency of all buildings. Since October 2008 all properties - homes, commercial and public buildings - when bought, sold, built or rented need an EPC. The Vinden Partnership has a number of fully qualified and accredited energy assessors that produce EPCs alongside an associated report which suggests improvements to make a building more energy efficient. The EPC can be provided for both new build dwellings and commercial properties - if dealing with a new build, most of the information required will be shown on planning drawings and in the specifications of a development and rarely requires a site visit. However, for existing commercial buildings, a site visit is required.

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For further information: If you require further information on any of our services, or if you wish to discuss your requirements with us, please do not hesitate to contact us: North West office T: 01204 362 888 F: 01204 362 808 E: tvp@vinden.co.uk

Midlands office T: 0115 947 5334 T: 0115 947 5335 E: tvp@vinden.co.uk

London office T:0207 065 7080 T:0207 194 7501 E: tvp@vinden.co.uk

Building Surveying Building Surveying

Expert Evidence

Building Surveyors are knowledgeable in a wide range of property and construction related matters. At times a building surveyor’s skills overlap with other professions such as architecture, structural engineering or quantity surveying. However, their core skills are in understanding how buildings of all ages are put together, undertaking inspections, report writing and having an in depth knowledge of legislation related to construction and property matters.

The Vinden Partnership’s experienced building surveyors regularly provide expert technical evidence in relation to property and construction disputes. This includes a comprehensive analysis of the matter in dispute followed by either initial informal advice or preparation of an expert report for submission to the court as part of a claim or defence.

Defect Diagnosis Building pathology is the investigation and diagnosis of the causes of defects in buildings. Our team of building surveyors is highly skilled and experienced in assessing buildings to establish the source of defects and advise on repair strategies. Where necessary we are able to offer specialist testing and investigation methods utilising the latest technology in order to provide the most accurate diagnosis of the problems. We can arrange for the use of specialist access equipment or utilize mobile cameras so that a full inspection of normally inaccessible areas can be made. With our knowledge of building construction and technology used over the centuries, we can advise on properties of any age and provide our clients with a comprehensive report on defects occurring, repairs required and formulate planned maintenance programmes. Our client instructions have included diagnosis of defects to Grade 1 historic buildings through to defects occurring in brand new domestic housing – defects can occur in any building of any age or type. The diagnosis and repair of defects in buildings will ensure that the life of your property is prolonged and the investment protected.

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Our building surveyors are trained in giving evidence under cross examination and have courtroom experience. A number of our surveyors are also members of the Royal Institution of Chartered Surveyors’ Expert Witness Registration Scheme. Our clients range from private householders to national PLC companies.

Our areas of expertise: • Boundary determination and party walls • Building surveying • Construction standards, specifications and defects • Construction disputes and claims • Dilapidations and housing disrepair • Professional negligence • Management of construction health and safety

Building Surveying (cont’d) Property Acquisition

Landlord & Tenant

Buildings can harbour an array of defects. At The Vinden Partnership, our team of Chartered Building Surveyors provide a range of services which will help you identify such problems. Information is always presented in a clear and understandable format in order to assist your understanding of our advice.

Dilapidations Dilapidations have significance for any person letting a property or any person occupying a property under a lease agreeement. Dilapidations claims arise from breaches of repairing covenants contained in a lease. At or near the end of a tenant’s lease, the landlord may instruct a surveyor to prepare a schedule of dilapidations which outlines building repairs that the tenant is responsible for under the terms of the lease.

Pre-purchase surveys If you are considering the acquisition of a property and demand peace of mind, we can help. You may need to know the property’s condition, any defects present (and their remedies) and the need for specialist investigations before you complete the purchase. We can carry out a comprehensive inspection of the property and provide a bespoke report which will be tailored to suit the type of property and your specific requirements. Measured Surveys A measured survey will provide dimensional information on land or property. This can be useful to determine space requirements at the feasibility stage.

Commercial EPCs The Energy Performance of Buildings Directive came into effect in 2008 and has had a major impact on the UK property industry for new developments, sales or lettings. The legislation states that property developers, landlords and owners in England and Wales are not able to construct, sell or lease a commercial building without providing an Energy Performance Certificate (EPC) to a prospective buyer or tenant. Non-compliance will result in failure to complete conveyancing or possible action by Trading Standards Officers, including fines of up to £5,000. The Vinden Partnership is accredited to provide Energy Performance Certificates for commercial buildings which are to be leased or sold.

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We will use our expertise to identify and comment on breaches of lease covenants before suggesting appropriate remedies, preparing schedules and negotiating with other parties to achieve settlement of the claim. Acting as an advisor to either landlord or tenant, our aim is to provide objective advice in order to achieve settlement of the claim. We are also able to act as expert witness in dilapidations matters where out of court settlement is not achieved. Schedules of Condition We advise all our commercial clients who are entering into a lease agreement to commission a Schedule of Condition. This survey can be appended to a lease to provide a property condition benchmark. The Schedule can be re-visited at the end of the lease term in order to help establish a tenant’s responsibilites to repair the property. Lease repairing obligations advice Using our expertise in settling dilapidations claims, we are well placed to advise businesses on the impact of repairing obligations contained in their lease. To aid financial planning, we are also able to inspect premises and provide projections of likely dilapidations liabilities at the end of a lease term.

Building Surveying (cont’d) Asset Management

Insurance Cover and Claims

Maintaining property can be expensive. At The Vinden Partnership we can help you develop or improve your property maintenance strategy to help reduce unnecessary long term costs.

Reinstatement cost assessments We can inspect and measure premises, preparing cost estimates to cover the demolition and re-building of the premises to determine the appropriate level of insurance cover required.

Condition surveys Establishing the physical condition of property is essential as it enables maintenance works to be prioritised and costed. We work closely with clients in order to formulate a condition survey brief which is specific to their requirements. In the past we have carried out detailed condition surveys on school and nursery buildings, manufacturing facilities, retail premises, historic buildings and leisure facilities. Planned maintenance schedules and budget costs In addition to our property condition assessment services, we are able to advise clients on future property maintenance liabilities. We can also advise on strategies to improve the effectiveness of a maintenance regime and further likely costs of maintenance works over a given period. In this way, we can help improve the cost and operational effectiveness of a business.

Property Refurbishment We believe that all construction projects require detailed planning and sound management from inception through to completion. Our Building Surveyors can provide a complete property refurbishment service to suit your needs including the following services:

• Design and specification • Contract administration • Project management • Feasibility and space planning • Preparation of Planning, Building Regulation and Licensing Applications to the Local Authority

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Claim management Our surveyors have expertise in recovering loss in accordance with policy terms. We are regularly retained to provide opinion in relation to causation of loss and quantum.

Conservation of Historic Buildings We are both qualified and experienced in providing clients with conservation advice in respect of period and historic buildings. Such buildings generally demand a different approach to maintenance and repair works than a modern building in order that the character and materials of the building can be conserved. We can advise clients on repair solutions and liaise with Local Authority Conservation Officers in order to obtain the necessary statutory consents.

Building Surveying (contâ&#x20AC;&#x2122;d) Neighbourly Matters

CDM Co-ordinator Service

Party Wall surveying The Party Wall etc. Act 1996 regulates the relationship between neighbouring owners in the context of specific construction work on, or close to, a boundary between adjoining properties. It is a legal requirement to inform neighbouring property owners of such construction works. Our Building Surveyors can provide initial advice and Party Wall services to both Building Owners and Adjoining Owners. In addition, our Building Surveyors are also members of the leading Party Wall specialist organisations.

Good management of the construction process is essential to avoid accidents and ill health in the industry. We will help you to comply with your obligations under the Construction (Design and Management) Regulations 2007 and advise you on managing project Health and Safety issues.

Boundary disputes One of the most common conflicts between neighbours is a dispute over the location of a boundary. This is often a very emotive issue where parties assume entrenched positions. This can lead to expensive legal proceedings. Our surveyors are experienced in collecting evidence which identifies the boundaries between two properties and can provide realistic solutions to resolve the dispute and avoid litigation. If required, we can also provide expert evidence in such matters in a single joint capacity or party nominated capacity. Scaffold access/Crane oversail agreements Your development proposals may impact on land or property owned by neighbouring parties. Alternatively, you may own land which you feel is being used without your permission. We can advise and provide practical solutions to resolve, defend or prevent any actions for trespass.

Our team of CDM Co-ordinators continues to act for a diverse range of clients across a broad range of industry sectors in CDM matters. Whatever your role or duty under CDM 2007, be it Client, Designer, Contractor or Principal Contractor, The Vinden Partnership can advise you as to the appropriate action to discharge your duties. We are also able to prepare seminars or give in-house training on any aspect of CDM to suit your requirements. Please feel free to contact us to discuss your needs.

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Business Turnaround in Construction / Corporate Recovery Since its inception in 1994 The Vinden Partnership has advised clients on over 300 corporate restructures, acquisitions and recoveries. This advice is provided by experienced professionals who themselves have worked in surveying, legal, management and insurance professions allied to the UK construction sector. We can recover outstanding debtor and work in progress values, advise on the sale and novation of relevant contracts, arrange for the completion of contracts and assist in negotiating the sale of the business to interested parties.

The following is just a sample of the range of services available to companies, funders and insolvency practitioners. • Contract Valuation – detailed valuation of work in progress and debtor balances in contracting businesses.

• Cash Flow Forecasting – preparation and validation of cash flow forecasts for funders, purchasers and the existing management team.

• Management Reviews – analysis and commentary on existing management procedures, together with recommendations for improving existing and introducing new control systems and procedures. • Novation and Assignment – valuation of part completed contracts for onward sale to interested parties including the negotiation and settlement of appropriate commercial terms.

• Contract Realisation – preparation of interim and final accounts for completed projects and maximising the early collection of monies thereafter in negotiations or appropriate legal proceedings.

• Company Health Checks – Detailed analysis of existing management systems, operating budgets and accounting information.

• Acquisitions and Mergers – Detailed analysis of contracts, risk profiles and related contractual issues. Negotiating on behalf of sellers and buyers to achieve the best commercial terms.

• Recovery and Restructures – advising directors, funders and insolvency practitioners on all issues related to restructuring and recovery programmes.

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

CDM Co-ordination Good management of the construction process is essential to avoid accidents and ill health in the industry. We will help you to comply with your obligations under the Construction (Design and Management) Regulations 2007. Background and Aims It is well documented that the construction industry remains a disproportionately dangerous industry where improvements in health and safety are urgently needed. The original Construction (Design and Management) Regulations were introduced in 1994, making clients’ and designers’ duties explicit in relation to managing health and safety risks in construction work. More recently, concerns have been raised that the complexity and the bureaucratic approach of many duty holders frustrated the regulations’ underlying health and safety objectives. The CDM Regulations 2007 revise and consolidate both the CDM Regulations 1994 and the Construction (Health Safety & Welfare) Regulations 1996 into a single regulatory package. The accompanying 2007 Approved Code of Practice entitled “Managing Health and Safety in Construction” states that the key aim of CDM 2007 is to integrate health and safety into the project and to encourage all parties involved to work together. This is achieved through:

• Improving the planning and management of projects from the start

• Targeting effort where it can do the most good in terms of health and safety

• Identifying hazards early on so they can be eliminated or reduced

• Discouraging unnecessary bureaucracy

We believe that our wealth of experience and expertise in construction health and safety matters allows us to provide a bespoke informed service to clients, designers and principal contractors alike in effectively managing health and safety in construction. We always focus on the specific project in hand and we will not resort to generic approaches to health and safety management.

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Implications for the Client CDM is designed to promote a systematic approach to the management of health and safety in construction. Arguably clients have the most important role in CDM 2007 as they have a substantial influence over how a project is run. As a result of this, clients are accountable for their approach to health and safety. The CDM Regulations require clients to:

• Check competence of all appointees

• Ensure there are suitable management arrangements for co-ordinating the work of the project team

• Allow sufficient time and resources for all stages of the project

In addition, for projects exceeding 30 days and/or 500 man-hours in duration (notifiable project), clients must appoint a CDM Co-ordinator. Clients without construction expertise should rely on the advice of the CDM Co-ordinator. CDM 2007 precludes clients from appointing a client agent to fulfill their obligations. Further client requirements in respect of notifiable construction projects also include:

• Appointing a Principal Contractor

• Retaining and providing access to the Health and Safety File

• Ensuring relevant pre-construction information is passed on to the relevant members of the project team • Checking (before construction work starts) that suitable welfare facilities have been provided by the contractor

We aim to provide concise expert advice which will enable our clients to fulfil their CDM obligations. Our CDM Co-ordinators hold qualifications recognised to demonstrate competence to act under the CDM Regulations 2007.

CDM Co-ordination (cont’d) Our services Our team of CDM Co-ordinators continue to act for a diverse range of clients across a broad range of industry sectors in CDM matters. Whatever your role or duty under CDM 2007 be it client, designer, contractor or principal contractor, The Vinden Partnership can advise you as to the appropriate action to discharge your duties. We are also able to prepare seminars or give in-house training on any aspect of CDM to suit your requirements. Please feel free to contact us to discuss your needs.

Summary CDM Regulations require:

• A realistic project programme with adequate time allowed for planning, preparation and the work itself

• Early appointment of key people, including the CDM Co-ordinator

• Competent dutyholders with sufficient resources to meet their legal obligations

• Early identification and reduction of risks

• Provision of health and safety information from the start of the design phase, through construction and maintenance to eventual demolition so that everyone can fulfill their duties effectively

• Co-operation and communication between dutyholders

• Proportionate effort and resources to be applied to managing health and safety issues

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Commercial Client Services Valuation

Agency & Development

Market-based valuations are critical to the success of every real estate investment and add considerable value to real estate strategy and understanding.

The Vinden Partnership will provide flexible solutions based on our team expertise and local market knowledge ensuring that your transaction runs efficiently and smoothly.

• Loan Security Valuations • Investment review and appraisal • Taxation including CGT • Balance sheet and financial statements • Compulsory Purchase • Acquisitions • Expert Witness

The valuation of land and premises is more than a purely numerical process. The Vinden Partnership offers a comprehensive appraisal that can include a professional judgement as to the future value of a property, its sustainability within a business plan and the likely effectiveness of any exit strategy. Funders need to be particularly assured that their interest in commercial property is secure. We will carry out an appraisal of property where borrowers wish to purchase, re-finance or raise capital and carry out an independent assessment of the strength of covenant if required. We cover most forms of commercial land and buildings together with residential development sites.

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• Development Consultancy • Strategic & Tactical Marketing

• Leasing & Sales • Acquisitions

Occupiers need to retain the flexibility to respond to changing market conditions. We will identify the ideal location and framework to ensure that your business needs are met now and in the future. Owners need confidence that their property assets are an effective incomegenerating resource. We advise on the right kind of marketing campaigns to secure the right tenants that will provide the optimal return on your investment and can also advise on such matters as rent reviews and sub-letting or assignment. Developers have unique requirements - they must be sure that a chosen development route will maximize returns either as an investment or as part of a trading programme. We can provide advice that is built on expertise and experience, from site acquisition, pre-development planning, demand and competition analysis, right through to letting and selling the completed scheme.

Commercial Client Services (cont’d)

Landlord & Tenant

Asset Management

Whether you are a landlord or a tenant, expert advice on leases and rent reviews is essential to your business. The Vinden Partnership will help you reduce running costs, maximise the income from your assets and budget for future costs and liabilities.

The art of management is to anticipate problems and respond appropriately when they arise. Our experience and expertise allows us to provide solutions based on our thorough knowledge of Estate Management requirements for landlord and tenant.

• Lease Renewal • Rent Reviews

• Lease Restructuring • Expert Witness You should not wait until lease renewal or rent review to contact us. We will help you identify and exploit every opportunity to bring direct benefits to your balance sheet. When acting on behalf of a landlord we will strive to obtain maximum benefits in terms of revenue and tenant covenants. When acting for the tenant, we will negotiate the lowest settlement utilising any onerous lease terminology to the best advantage of the tenant either in negotiation, arbitration or before the Courts in litigation.

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• Property Strategy • Landlord & Tenant Liaison • Rent & Service Charge Accounting • Property & Tenure Audits

• Fund Management • Vacant Property Management • Healthy & Safety

Using the latest IT systems we will ensure that you receive comprehensive reports and valuations of your portfolio. From there we can assist in the provision of a thorough management service. Regular inspections ensure that your tenants are complying with their leases and that your properties are maintained to a high standard. Most importantly, with your long-term business strategy in mind we will seek to maximise the performance of your property.

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Construction Management Cost Advice and Value Engineering

Contractual Arrangements

Accurate cost information is vital to the success of any construction project.

Selection of the most appropriate form of contract is vital.

We will advise you on costs relating to alternative design and specification solutions as your scheme evolves. This process will begin with the very first sketch designs and conclude with the final issue of construction drawings.

Procurement Arrangements There are many methods of procuring the construction of a new building or engineering project. We will help you determine the order of your project priorities. Cost, programme, quality, design, type of building contract and all other relevant issues will be considered before we recommend the most appropriate method of procurement to suit your particular requirements.

Client Protection Measures The safeguarding of our clientsâ&#x20AC;&#x2122; interests is of paramount importance to The Vinden Partnership. Insurance, bonds, warranty arrangements, liquidated damages, sectional completion requirements, performance specified work and project preliminaries are just a few of the measures we can draft and apply on your behalf in order to protect your specific project interests.

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Project size, design responsibility, complexity, competitive tendering or partnering, programme and budget constraints are all issues which should be considered before a particular contractual arrangement is adopted. We will select, amend or draft the most appropriate form of contract to suit your specific needs.

Construction Management (contâ&#x20AC;&#x2122;d) Contractor Appointments Selecting contractors to undertake the construction of your project is not an easy task. Price alone may not be the most important issue. Partnership arrangements, reputation for reliability and quality may, for example, be more important considerations. We will help you to determine the criteria or key performance indicators (KPIs) important to your particular project. We will investigate, interview, select and appoint the contractor most suited to satisfy your specific needs.

Post Contract Cost Control/ Feedback on KPIs By the time a contractor has been appointed to deliver your project, significant financial investment will already have been committed on your behalf. This is not the time to allow your project to run out of financial control. We will accept responsibility for monitoring the financial aspects and KPIs for the project on your behalf. We will report to you on a regular basis, thus enabling you to control project expenditure and learn from best practice.

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Contract Management

Project Management

Specific and Quality Management

Complex construction projects can really benefit from the appointment of a Project Manager.

Throughout all stages of your construction project we can ensure that standards and quality are achieved.

In this role we can programme, co-ordinate, direct and control the activities of your project team and those contractors appointed on your behalf, to ensure that your specific project criteria are achieved.

We will work with you to produce a specification for your particular project and monitor ongoing construction operations to ensure that your project specification is adhered to.

Programming and Planning Programming and planning skills are an essential ingredient in the smooth running of a construction project. We will ensure that your time constraints are identified, understood and categorised in their order of importance. We will then programme the sequence, duration and dependency of every operation to ensure that each project milestone or objective is achieved.

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Contract Management (cont’d) Employer’s Agent A substantial number of construction projects are now procured via a ‘design and build’ arrangement. Under this process, the appointed contractor accepts responsibility for design, specification and construction. We can manage this process on your behalf, acting as Employer’s Agent from initial identification of your needs through to the final commissioning and hand-over of your completed project.

Financial Control Maintaining financial control of your construction project should be high on your list of priorities. We will ensure that proper control procedures are implemented from the outset. We will prepare valuations of work done for the purpose of making interim payments, issue regular financial statements which predict final construction costs and conclude with the agreement of the contractor’s final account.

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Dispute Management Case Appraisal

Mediation

Fundamental to the effective resolution of any dispute is an objective appraisal of your case.

In line with the approach now demanded by the courts we will, wherever possible, attempt to achieve a settlement of your case without invoking legal proceedings.

From the outset of any commission, we will provide you with a clear and concise opinion on the strengths and weaknesses of your position. We will guide you through the options available to resolve the dispute and recommend the method of dispute resolution which will achieve your particular objectives as quickly and as economically as possible.

Mediation is one of the alternative dispute resolution procedures we can instigate on your behalf to achieve this objective. Where mediation is agreed as the way forward, we will prepare your position statement and act as your advocate in the mediation, pursuing a resolution of your dispute through forceful presentation and convincing argument.

Presentation and Settlement

Adjudication

A professionally presented case will in many cases avoid protracted and expensive legal proceedings.

Statutory adjudication introduced by The Housing Grants Construction and Regeneration Act 1996 has transformed the face of dispute resolution in the construction industry since its implementation on 1 May 2008.

We will demonstrate your legal entitlement and wherever possible negotiate an advantageous settlement on your behalf without resorting to legal proceedings.

The majority of construction cases can now be resolved by adjudication.

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Whether we are acting for you as the Referring Party or as the Responding Party the full complement of our expertise will be used throughout the management of your case. We will ensure that the adjudication time scales and contractual procedures are adhered to and that your case is presented in a forceful and effective manner.

Dispute Management (contâ&#x20AC;&#x2122;d) Arbitration If a negotiated settlement of your dispute can not be achieved, it may be possible to refer the matter to arbitration. In such circumstances, we will advise you on the appointment of a suitably experienced solicitor to deal with the care and conduct of the arbitration or we will work with your existing legal team. We will maintain our involvement in your case, acting as your case manager. One of our Directors or Senior Consultants will accept instructions from your legal team to provide expert testimony whenever this is required.

Litigation Support In extreme situations, when negotiations have failed, it may become necessary to have your dispute decided by the courts. Should this eventuality arise we will recommend a firm of solicitors and counsel to act on your behalf or work with your existing legal team throughout the proceedings.

For further information:

If expert testimony is required, one of our Directors or Senior Consultants will accept instructions from your legal team in order to assist the court in deciding the matter.

North West office T: 01204 362 888 F: 01204 362 808 E: tvp@vinden.co.uk

www.vinden.co.uk

If you require further information on any of our services, or if you wish to discuss your requirements with us, please do not hesitate to contact us: Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Expert Witness The Vinden Partnership provides expert testimony for property, engineering and construction related disputes throughout the UK. Our team of professionals act as consulting and testifying experts, providing comprehensive litigation support to a broad range of clients. TVP assists clients during all phases of a dispute, before the initial filings through discovery and dispute resolution including construction adjudication, arbitration, mediation and court proceedings. A number of our experts have courtroom experience and are members of the Royal Institution of Chartered Surveyors’ Expert Witness Registration Scheme. For each assignment we determine the best match between consultant and the issues of the dispute by drawing from our pool of diverse technical backgrounds in property, construction, engineering and management.

We assemble our project teams to support our clients’ specific needs. The diverse capabilities and skills of our consultants enable us to serve a spectrum of industry participants. At The Vinden Partnership, we understand the unique demands of all forms of dispute resolution. Our experts provide comprehensive analysis and are prepared to address key issues with clear and concise testimony.

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Fund Monitoring Protection Measures The protection of a client’s interests in a development that is not under its direct control requires a careful and controlled integration of project information and the monitoring of construction activity on site. With our vast experience across a wide spectrum of construction related services, we have the expertise and track record to provide funders with independent and impartial assessments of projects to facilitate the management of risk and the protection of a funder’s interests objectively.

Client Sectors We can provide fund monitoring services to the following client sectors: • • • • • •

Banks and development finance companies Funding institutions Institutional investors Tenants or purchasers Grant funders Insurance companies

Mitigation of Risk The key to successful fund monitoring is to be proactive in identifying potential issues early in the construction process that may ultimately impact upon the delivery of a project. Our early appointment at the outset of a funder’s involvement in a development provides a clear understanding of a developer’s proposals prior to our funding client full financial facilities.

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Initial Audit Report The first stage of the Project Monitoring is to carry out a thorough review of the project and to confirm our findings in an Initial Audit Report. This report will address the key aspects of the development including: • • • • • • • • • • • •

Land and property acquisition matters Statutory consents Competency of the developer and project team Financial appraisals Development, finance and consultancy agreements Construction documentation and contractual arrangements Construction costs Development and construction programmes Design and construction quality Advice on appropriate insurance arrangements Cashflow projections Health and Safety compliance

Fund Monitoring (cont’d) Monthly Monitoring Ongoing monitoring of the development ensures that the funder’s interests are protected and any risks properly managed until they are discharged in full. Once the funder signs up to the Funding Agreement and the construction process commences, we will undertake regular reviews of the financial and physical progress, carry out compliance checks with development and construction agreements and provide recommendations for any payment drawdown to be made against the terms of the Funding Agreement together with forecasts of costs to complete the project.

Completion Report At Practical Completion, we will carry out a final review of the project addressing the close-out of all key issues. We will provide a Completion Report confirming that the building owner may allow occupation of the project and arrange for the delivery of all necessary documentation including certificates, relevant consents, discharge of all conditions, financial position, Health and Safety File and any other relevant operating and maintenance manuals, schedule of defects and list of outstanding works to ensure that the funder’s interests have been addressed.

Developer/Building Owner Benefits The ongoing monitoring of the development, on behalf of a funder, acts as a secondary check that the Developer/Building owner’s interests are protected and any risks properly discharged. This is achieved by: • Enhanced risk management • Enhanced management of financial, quality and programme constraints • Greater protection of the clients’ interests

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Housing Quality Indicators (HQIs) Housing Quality Indicators (HQIs) Housing Quality Indicators (HQIs) look to assess housing schemes in terms of quality rather than in terms of financial value or simply achieving minimum standards. The calculation assesses a housing project in three main categories: Location, Design and Performance. These three categories produce ten individual indicators that produce a score expressed as a percentage. Whilst a percentage score is easy to understand in numerical terms, it is equally important to focus on “quality profiles” which show the strengths and weaknesses of a scheme. HQIs are an essential requirement of the current Homes and Community Corporation Scheme Development Standards for social housing schemes attracting Housing Association Grant Funding. The Vinden Partnership has carried out in excess of a thousand HQI calculations for over 50 housing associations, developers and consultant clients. Our familiarity with the HQI calculation process means we offer a cost-effective solution to your HQI calculation requirements.

• HQI scores carried out directly onto the HCA’s online IMS system

For further information:

• Calculations produced at all key stages of the development/ construction process

If you require further information on any of our services, or if you wish to discuss your requirements with us, please do not hesitate to contact us:

• Advice on improvement of HQI scores to meet HCA requirements

• Early warning if changes to a scheme impact on HQI scores thereby potentially affecting Grant Funding • Issue of regular summary reports listing all schemes and scores which act as a useful reminder when development information is required

www.vinden.co.uk

North West office T: 01204 362 888 F: 01204 362 808 E: tvp@vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Insurance Services It’s time to start looking at your insurance requirements in a new way: as business assets that provide a competitive advantage. We understand every client has individual needs and, rather than taking the ‘one size fits all’ approach, we look to create a bespoke solution for each one. We also anticipate that our customers look for a ‘right first time’ service.

Core covers:

TVP has extensive experience of working with a large and varied client base, which has allowed us to develop a track record second to none within the construction industry. Our significant experience of the various and complex processes involved in this industry means we are confident we can provide original working solutions to help meet your business needs.

• Employer’s Liability

• Loss of Profit / Delay in Start-up

Vindemnity

• Professional Indemnity

• Directors and Officers

Project Management, QS and sustainability offering, combined with energy performance certification, buildings insurance and comprehensive assignable building warranties for both domestic and commercial buildings.

• Public and Products

• Construction All Risks • Erection All Risks

• Business Interruption • Property Owners

Specialist products: • Latent Defects / Structural Warranty • Surety Bonds & Guarantees • Defective Title

Risk Management:

Contemporary strategies for expecting the unexpected.

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Social / Affordable Housing The Vinden Partnership provides consultant services from the initiation of a project through the procurement process right up to client handover. Everything to do with the management of a project whether new build, or upgrading existing stock to decent home standards.

Project Management / Employer’s Agent / Quantity Surveying / Commercial Assistance Project Management - In this role we programme, co-ordinate, direct and control the activities of the project team and contractors appointed on your behalf, to ensure that your specific project criteria are achieved. Design and Build - A substantial number of construction projects are now procured via a ‘design and build’ arrangement. Under this process, the appointed contractor accepts responsibility for design, specification and construction. We can manage this process on your behalf, acting as Employer’s Agent from initial identification of your needs through to the final commissioning and hand-over of your completed project. Quantity Surveying/Cost Consultant - Accurate cost information is vital to the success of any construction project. We will advise you on costs relating to alternative design and specification solutions as your scheme evolves. This process will begin with the very first sketch designs and conclude with the final issue of construction drawings. Maintaining financial control of your projects should be high on your list of priorities. We will ensure that proper control procedures are implemented from the outset. We will prepare valuations of work done for the purpose of making interim payments, issue regular financial statements which predict final construction costs and conclude with the agreement of the contractor’s final account.

www.vinden.co.uk

Commercial Assistance - The Vinden Partnership appreciates that the new work associated with stock transfers can place considerable pressure on a contractor’s and employer’s in-house resources. We are able to provide staff to supplement in-house staff to both employers and contractors alike, providing assistance with items such as project cost control, valuation and final account works and cost monitoring for both internal and external reporting purposes. Alternatively we can provide full commercial service on a project or company basis.

CDM Co-ordinator Having considerable experience acting as CDM Co-ordinator, we can help you comply with your obligations under the Construction (Design and Management) Regulations 2007 and manage Health and Safety issues on your behalf.

Party Wall Surveying The Vinden Partnership has extensive experience acting as Party Wall Surveyor for both building owners / developers and adjoining owners. We can assist you if Party Wall Surveying services are required in accordance with The Party Wall etc Act 1996. It is important to establish whether or not the Act applies so that the development procedure is not frustrated.

Quality Control / Clerk Of Works Quality control on a project can not only assist with the aesthetics but also ensure that works are carried out correctly, reducing the need for making good of defects which become apparent, reducing the number of latent defects that occur and saving expenditure on maintenance at a later date. The Vinden Partnership has in-house staff that provide this service.

Social / Affordable Housing (cont’d) Feasibility Studies

Stock Condition Surveys

However works are procured, whether new build or refurbishment, it is important to consider options prior to the works commencing. Thorough consideration of a project’s demands in the initial stages will lead to a smoother project delivery experience. It is easy to launch into works without proper investigation having been done. Feasibility studies assist an Employer in creating options and choice where none were originally foreseen.

Many Housing Associations/ RSLs may own a substantial amount of housing stock which will require continuous monitoring to agree a planned maintenance programme, or to upgrade to decent home standards. The Vinden Partnership has experienced building and quantity surveyors who can assist in managing this onerous responsibility better.

Sustainability Services The Vinden Partnership has a dedicated team that specialises in sustainability services – these include SAPs and EPCs, Code for Sustainable Homes, EcoHomes, Housing Quality Indicators and Building for Life Audits. We also carry out Daylighting Calculations, Predictive Assessments and full Design Assessments, depending on what you require. Established for over 15 years, we have a wide knowledge of the requirements of the Homes and Communities Agency and also the awarding bodies such as BRE and Elmhurst Energy. We can have as little or as much involvement in a scheme as you require and will advise on grants and specialist service providers to suit your sustainability needs. Whether you are a registered social landlord, Housing Association or developer, we have the capacity to work with you to generate the desired results.

Standard Procedures / Design Brief Drafting and Reviews The Vinden Partnership has worked with in excess of fifty Housing Association/RSLs and we have a vast wealth of knowledge of both working procedures and works specifications used in affordable social housing. We can update or produce new standard operatives manuals for client’s organisations.

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Company Health Checks There may be times when your business will run into difficulty. Should this happen, we can be on hand to advise you on the steps to take to attempt a business rescue. Why do so many companies fail in the UK construction sector? Inadequate sales, reduced margins, poor cash management and contractual disputes are all typical symptoms of a failing business operating in the construction sector. But do these symptoms mean that a corporate disaster is inevitable? And if your business is suffering from any of these complaints what, if anything, can be done about it? It is a fact that people rarely want to talk about business problems. It is simply not in our nature. However, it is the failure to recognise problems and take appropriate advice at the right time that is the single biggest cause of company failure in the UK.

Why should you consult with The Vinden Partnership and what services can we offer our clients? Since its inception in 1994, The Vinden Partnership has advised clients on over 300 corporate restructures, acquisitions and recoveries. This advice is provided by experienced professionals who themselves have worked in surveying, legal, management and insurance professions allied to the UK construction sector. If a rescue is not possible, we can advise you on the appointment of an insolvency practitioner to comply with your obligations under relevant insolvency legislation. We can recover outstanding debtor and work in progress values, advise on the sale and novation of relevant contracts, arrange for the completion of contracts and assist in negotiating the sale of the business to interested parties.

www.vinden.co.uk

Company Health Checks (cont’d) The following is just a sample of the range of services available to companies; • Management Reviews – analysis and commentary on existing management procedures, together with recommendations for improving existing and introducing new control systems and procedures. • Company Health Checks – Detailed analysis of existing financial systems, operating budgets and accounting information. • Cash Flow Forecasting – preparation and validation of cash flow forecasts for funders, purchasers and the existing management team. • Contract Realisation – preparation of final accounts and claim documentation and maximising the rapid collection of monies thereafter in negotiations or appropriate legal proceedings. • Acquisitions and Mergers – Detailed analysis of contracts, risk profiles and related contractual issues. Negotiating on behalf of sellers and buyers to achieve the best commercial terms. • Recovery and Restructures – advising directors, funders and insolvency practitioners on all issues related to restructuring and recovery programmes.

For further information:

• Novation and Assignment – valuation of part completed contracts for onward sale to interested parties including the negotiation and settlement of appropriate commercial terms.

If you require further information on any of our services, or if you wish to discuss your requirements with us, please do not hesitate to contact us: North West office T: 01204 362 888 F: 01204 362 808 E: tvp@vinden.co.uk

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk

Specialist Services Land and Property

Financial Management

We can act as your agent in the sale or acquisition of land or buildings. We can help you to find the site or buildings which meet your requirements.

Poor financial management of a company operating within the construction sector will invariably lead to disaster.

We can assist you to negotiate the terms of commercial leases in which you are either landlord or tenant.

We can help you adopt procedures to optimise the collection of contract debtors and work in progress values. We can manage retention ledgers and recover old and difficult outstanding accounts.

We can prepare schedules of existing condition, dilapidations and repairs and advise you on the management of your building stock generally.

Party Wall Surveying The Party Wall etc. Act 1996 Act regulates the relationship between neighbouring owners in the context of specific construction work on or close to a boundary between adjoining properties. It is a legal requirement to inform neighbouring property owners of such construction works. Our Building Surveyors can provide initial advice and Party Wall services to both Building Owners and Adjoining Owners. In addition, our Building Surveyors are also members of the leading Party Wall specialist organisations.

www.vinden.co.uk

On the other side of the balance sheet we can assist you in the management of your creditors, introduce structured purchasing procedures and accurate costing systems.

Specialist Services (contâ&#x20AC;&#x2122;d) Bonds, Warranties, Insurance & Capital Allowances

Business Development

We can advise you on the particular terms of any warranty, bond or insurance requirement, negotiate upon their terms and agree the final version of these documents on your behalf.

Controlled growth is a natural aspiration for many of our clients.

We can value elements of the project as directed by your accountants in order to establish capital allowance values.

Seminars and Training One of the keys to running a successful business is to have a well-trained team. We can formulate and deliver training programmes to suit your needs. These can be delivered either on your premises, at one of our offices or at an independent venue to suit your requirements. We can present seminars to one or two people or deliver lectures to large audiences.

In practice it can be difficult for internal management to identify, amend or implement new procedures with which to achieve this objective. We can discreetly audit your existing operation and recommend the introduction of new strategies to allow your business to develop and become more profitable.

www.vinden.co.uk

Midlands office T: 0115 947 5334 F: 0115 947 5335 E: tvp@vinden.co.uk

London office T: 0207 065 7080 F: 0207 194 7501 E: tvp@vinden.co.uk