FIDIC Yellow Book 1999 (Part 1 - 12) 2-Day Session
How to Produce and Update your Programme Under NEC3 ECS
Control of the Works Under JCT D&B Contract for Design Submissions and Employer’s Instructions
FastDraft Early Warning Masterclass
An Overview of Risk Management (Part 1)
The Notice Provisions in the JCT Contracts
Control of the Quality Under JCT D&B Contract
Join us for our latest masterclass on compensation event notifications and how to get the most out of FastDraft when managing compensation events.
Learn about common pitfalls with compensation event process, gain a unique insight into compensation event process and learn how to help your team understand and perform better. We will also tackle common misconceptions for project teams when raising and responding to CE notices, quotes and assessment.
Steven Evans and Chris Corr will be sharing their wealth of knowledge on NEC and a good dose of war stories from the good, the bad and the ugly compensation events. This webinar will also showcase our cloud-based contract management platform and its key functionality.
After attending this webinar you will:-
Register for FREE here
]]>Reliable, Approachable, Helpful, Self-motivated, Professional, Adaptable, Resilient, Team player.
My background is IT, having spent many years as a software developer, including contracting for 5 years around the UK and in France. I then went into Project Management, delivering projects of various sizes. With both daughters financially independent (finally!) I took 6 months off to evaluate my life and decided to ‘downsize’ my working life and increase the downtime. I then joined BI to double the size of the customer success team 😊 , which has since increased further.
3 and a half years.
The answer I’ve seen from other team members, is that no two days are the same.. a benefit of working for a small company, although we are growing rapidly. My day involves monitoring the support desk, which is first-line support, ensuring tickets are responded to and resolved as quickly as possible. The variety of requests is extremely varied, the majority of tickets the Customer Success Team will resolve, but we have a great team behind us if further assistance is required. We’re responsible for setting up contracts on FastDraft and also deliver FastDraft training for both admin and contract users. It’s nice to see the faces behind the names! I write a lot of documentation for software releases, new features, the FastDraft handbook, and am currently involved with in-app coaching, a feature to help our customers, which is coming soon.
I think everyone who has been part of the Team Tales has said the same – it really is the people. We have a fantastic team who support each other and work and play hard.
Too many to mention – I have loved being part of the Customer Success Team, ensuring the highest level of service, fast and professional responses, and solving problems. We all contribute towards driving change and adapting our systems to best benefit the client. The feedback we regularly get from customers is the best bit and lets us know we are getting it right.
I love to travel and discover the cultures of other countries. I spent Christmas in Cambodia and am just back from Granada, catching up with family. I seem to have been to a lot of countries ending in ’A’ such as, Nicaragua, Myanmar (Burma), Sri Lanka, Croatia, Vienna …. I love to go where there’s heat and sunshine. I also love art galleries and museums, thrown in with visits to London. Spending time with my daughters is important and am fortunate to have one in Bristol, whilst the other is living in a van with husband and 2 dogs for a couple of years. I’m just back from visiting them in Granada.
Life is short - work in order to live. In the words of Dolly Parton ‘Never get so busy making a living that you forget to make a life’.
]]>Join us on this 6 part course hosted by Steven C Evans BSc(Hons) LLB (Hons) FCIArb FAMINZ(Arb) FFAVE(Master) FRICS FCInstCES FCIOB FICE PRI
which will be running as a whole day session
The aim of this 6 part course is to provide an comprehensive understanding of CESMM4 explaining the purpose of a standard method of measurement and the Measurement Rules, the Bills of Quantities and how to prepare them, and the Work Classifications
This session gives an overview of the CESMM and an outline of the measurement rules, explain the purpose and objectives of CESMM4 and how to apply the rules
Explains purpose of the Bill of Quantities and how it is prepared and to understand how works are measured under classifications A to D
Provides an overview and understanding of how works are measured under classifications E-H
The aim of this session is to understand how works are measured under classifications I-N (including pipework, structural metalwork and miscellaneous metalwork)
This session provides an understanding of how works are measured under classifications O-T (which includes timber, piles, piling ancillaries, road and pavings, rail track and tunnels)
The final session provides a vital understanding of how works are measured under classifications O-T (including brickwork, blockwork & masonry, painting, waterproofing, sewer & water main renovation and simple building works incidental to civil work)
This 6-part course is a mix of free content and premium learning and to access the entire days training, a subscription will be needed prior to the event and the course will then be available on-demand for subscribers only
Part one begins at 9am 21 May 2024 - register for free here
With subscriptions from just £25 per month this is a great way of accessing a library of subjects and training material together with whitepapers, templates and technical helpdesk support Find out more
]]>Join us on this 6-part course hosted by Neil Earnshaw, Director of NE Consult.
This training programme introduces you to key mechanics and provisions of the NEC4 Engineering and Construction Subcontract (ECS). With most construction projects having upwards of twenty different subbies, it is not surprising that this is probably the most commonly used NEC contract. Despite this being the case, it is surprising how often we receive enquiries from Subcontractors and Contractors in a pickle. It is used to manage works between the Contractor and the Subcontractor and allows the Contractor to pass on similar contractual terms to those that they will have between themselves and the Client under the NEC4 Engineering and Construction Contract (ECC).
By completing this training programme you will gain a practical understanding of the key aspects of the ECS from both Parties perspectives. We will explore the importance of administering this form of subcontract during the life of a project rather than “leaving it in the bottom drawer”, as in our view being contractual should be viewed very much as being proactive rather than being considered negatively.
Delegates completing this training programme will have a much clearer understanding of the intent of the specific contractual clauses and in practical terms begin to see how they should administer them for the benefit of all Parties on a particular project.
This training programme is recommended for everyone currently or about to be working under the NEC4 ECS including Project Managers and Contract Managers, Quantity Surveyors for both main Contactors and Subcontractors, Clients, Consultants and Planners - all wanting to get a better grip of this form of subcontract. The programme will be suitable for those who are relatively new to NEC4 ECS as well as those who are already more experienced and are looking to enhance their level of knowledge and understanding.
This training session introduces you to the common philosophies of the NEC family of contracts and focuses in more detail on the key mechanics and provisions of the NEC4 Engineering and Construction Subcontract (ECS). This session will review the contract strategy options between the main ECS Options A-E as well as the choices of secondary Options that are available, all of which alter the risk profile and the payment mechanisms on a given subcontract. We will also take you through how to put together a subcontract agreement.
By the end of this module you will:
This training session provides a summary of the main roles and responsibilities of both the Contractor and Subcontractor under the NEC4 Engineering and Construction Subcontract (ECS). The session will take you through some of the general provisions, governing actions, identified and defined terms, communications, the role of the Contractor, Early Warning, the Subcontractor’s main responsibilities for Providing the Subcontract Works, the Subcontractor’s design obligations, Key People and working with the Contractor and Others.
By the end of this module you will:
This training session covers how the programming obligations work under the NEC4 Engineering and Construction Subcontract (ECS) and provides an overview of the main provisions of section 3 of the subcontract: producing a programme, updating the programme, programme acceptance and how float is incorporated into the programme. It also looks at how to manage quality under the ECS through the testing and defects provisions.
By the end of this module you will:
This training session introduces you to the payment provisions of the NEC4 Engineering and Construction Subcontract (ECS) and provides an overview of the main payment Options A, B, C, D and E.
By the end of this module you will:
This training session introduces you to the Compensation Event process for managing change under the NEC4 Engineering and Construction Subcontract (ECS) and it provides an overview of the main provisions of section 6 of the ECS. After completing this module, you'll understand the compensation process of ECS inside out.
By the end of this module you will:
This training session introduces you to how the NEC4 Engineering and Construction Subcontract (ECS) deals with title and termination and how insurance and liabilities are managed. It also looks at resolution by Senior Representatives and adjudication, what they aim to achieve and how to manage these procedures under Options W1 and W2.
By the end of this module you will:
This 6-part course is a mix of free content and premium learning and to access the entire days training, a subscription will be needed prior to the event and the course will then be available on-demand for subscribers only
Part one begins at 9 AM on 9 May 2024 - register for free here
With subscriptions from just £25 per month this is a great way of accessing a library of subjects and training material together with whitepapers, templates and technical helpdesk support Find out more
]]>This series of fast paced and practical webinars introduces you to key mechanics and provisions of the NEC4 Engineering and Construction Contract (ECC). It is used for the management of works between the Client and an organisation providing engineering and construction work including any level of design responsibility.
In this series of online courses, you will gain a practical understanding of the key aspects of the ECC from both Parties perspectives. We will explore the importance of administering this form of contract during the life of a project rather than “leaving it in a drawer”, as in our view being contractual should be viewed very much as being proactive rather than being considered negatively. These sessions will review the ECC as well as the choice of secondary options that are available, all of which alter the risk profile and the payment mechanisms on a given project.
Attendees of this training programme will have a much clearer understanding of the intent of the specific contractual clauses and in practical terms begin to see how they should administer them for the benefit of all parties on a particular project.
This webinar programme is recommended for everyone currently or about to be working under an ECC contract including Client 's, Contractors, Project Manager’s, , Main Contractors and Subcontractors who are providing works for a project or for any other reason who want to get a better grip of this contract. These sessions will be suitable for those who are relatively new to these forms of contract as well as those who are already more experienced in the contract and looking to enhance their level of knowledge and understanding.
This 6-part course is a mix of free content and premium learning and to access the entire days training, a subscription will be needed prior to the event and the course will then be available on demand for subscribers only
Part 1 begins on 14 May 2024 at 9 AM. Register for Free here
With subscriptions from just £25 per month this is a great way of accessing a library of subjects and training material together with whitepapers, templates and technical helpdesk support Find out more
]]>The lively panel discussion on dispute avoidance at the FIDIC International Contract Users’ Conference which took place at the end of last year saw a number of fresh perspectives from panellists, with all agreeing that active risk management is a key component in dispute avoidance.
Having spent most of my career dealing with disputes and other challenges, I am passionate about improving project outcomes for all stakeholders in the construction industry.
In the latest Built Intelligence whitepaper, the Contract Management Maturity Model, we give senior leaders responsible for contract management performance the tools to assess and improve their organisation’s contract management maturity.
In the fast-paced world of construction, the significance of effective contract management cannot be overstated. As the CEO of Built Intelligence, I have witnessed the challenges and opportunities that organisations face in their pursuit of excellence and I hope our whitepaper provides a strategic guide for leaders navigating the complex waters of the construction industry.
Assessing the current landscape: Where are we now?
Understanding the current state of your organisation’s contract management is paramount. Leaders must embark on an honest evaluation, identifying strengths, weaknesses, and untapped potential. This introspective journey provides a starting point for improvement, offering valuable insights that lay the foundation for progress.
Envisioning the future: Where do we want to be?
Armed with insights into the present, leaders can creatively envision the desired future. What does greatness in contract management look like for your industry and organisational objectives? Aligning aspirations with industry benchmarks becomes a strategic compass for excellence.
Charting the course: How do we get there?
Having assessed the present and envisioned the future, leaders must chart a course towards desired contract management prowess. Our whitepaper introduces the Contract Management Maturity Model, a roadmap based on the ‘four stages of competence’ concept, guiding organisations through crucial phases of the learning process.
Methodology for success: Collaborative approach and proven practices
The challenges faced by organisations – from unnoticed contract issues to isolated project teams – necessitate a collaborative approach. Our maturity model, distilled from customer experiences, offers a solid foundation for enhancing contract compliance, streamlining processes and navigating the complexities of the construction industry.
Integration is key: Breaking down silos
To address the complexities of the construction industry, it’s crucial to deeply integrate contract management into broader business, project and asset lifecycles. Breaking down silos between project teams and other business departments can result in remarkable advancements in speed, project quality and service reliability.
Technology as an enabler: Contract management software
Contract management software is a powerful tool in complementing good management practices. This software allows for streamlined processes, comprehensive contract oversight and improved team collaboration. Integrating contract management into broader workflows represents the next evolutionary phase, fostering collaboration, eliminating information gaps and optimising the project lifecycle.
Elevating the game: The contract management maturity model
At the heart of our whitepaper lies the Contract Management Maturity Model, offering a roadmap for organisations to enhance their practices gradually. From a beginner phase marked by collaboration and continuous improvement to an expert stage embodying cutting-edge practices, this model guides leaders towards contract management excellence.
Measuring success: Continuous assessment
To gauge progress, leaders can leverage radar/spider charts, providing a visual representation of maturity levels across different competency areas. Continuous assessment is imperative, acknowledging that contract management practices and the landscape are in a constant state of evolution.
Unlocking business value: Four key drivers
Effective contract management yields tangible business value across agile adaptation, enhanced compliance and risk reduction, operational and delivery cost optimisation and elevated customer experiences. By aligning with these key drivers, contract management positively impacts project timelines, compliance, costs, and customer satisfaction.
Measuring progress: The path to excellence
I encourage all business leaders to measure their contract management journeys using critical metrics. From productivity and customer metrics to costs and revenue, tracking progress through these metrics allows organisations to demonstrate advancements and justify investments.
Our whitepaper is not just a guide; it’s a call to action. It empowers leaders to embark on a transformative journey towards contract management excellence, providing the tools and insights needed to navigate the complex landscape.
The construction industry is evolving, and by embracing the Contract Management Maturity Model, organisations can position themselves at the forefront, delivering projects with unmatched speed, quality and reliability. Success awaits those who seize this opportunity to assess their current standing, chart their desired destination and forge a robust strategy to bridge the gap. Let’s embark on this transformative adventure together.
Click to watch our on-demand webinar on How to Assess Your Organisation’s Contract Management Maturity.
Click here to take the Contract Maturity Self-assessment.
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In our latest whitepaper, "Personalised Performance management" we embark on a journey into the intricacies of performance management, offering a roadmap for unlocking your team's true potential. Drawing upon a wealth of research, industry expertise, and real-world insights, this whitepaper serves as an invaluable resource for leaders and managers seeking to navigate the complexities of performance management with precision and finesse.
At its essence, performance management is not just a set of processes—it's a mindset. It's about creating a culture where every team member is empowered to contribute meaningfully towards shared goals, where transparency reigns supreme, and where data-driven insights inform strategic decision-making.
Learn how to define clear, aspirational goals that inspire and motivate your team.
Discover the importance of aligning strategic objectives with broader company vision and market dynamics.
Explore strategies for breaking down lofty goals into actionable steps that drive progress.
Understand the significance of setting SMART (Specific, Measurable, Achievable, Relevant, Time-bound) goals and how they propel performance.
Delve into the art of dashboard design and learn how to craft concise, visually appealing dashboards that keep your team focused and informed.
Discover best practices for dashboard layout, data visualisation, and real-time tracking of key metrics.
Explore innovative ways to integrate dashboards into your team's daily workflow.
Learn how to leverage dashboards as a catalyst for meaningful conversations, performance reviews, and continuous improvement initiatives.
Gain insights into the iterative process of dashboard development and refinement.
Understand the importance of soliciting feedback, adapting to changing needs, and evolving your dashboards over time.
In the fast-paced world of business, success is not a destination—it's a journey. By embracing the principles outlined in our whitepaper and adopting a proactive approach to performance management, you're not just setting your team up for success—you're propelling them towards excellence.
Join us on this transformative journey towards organisational success. Dive into the full whitepaper now to unlock actionable strategies, practical insights, and expert guidance on performance management. Together, let's unleash the full potential of your team and pave the way for a brighter, more prosperous future.
Ready to embark on this journey towards success? Download the full whitepaper now and take the first step towards unlocking the power of performance management within your organisation.
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If you are a consultant, or a contractor with design responsibility, then you should take time to consider the judgement in Lendlease Construction (Europe) Limited v AECOM Limited [2023] 2620 (TCC).
In short, this case considers contractual wording which I would strongly recommend getting into your appointment agreements / contracts. It might just save you!
Facts of the Case
I have bulletpointed out the key facts for ease of reference:
The Outcome
The court decided that Lendlease could NOT pass on liability to AECOM. In arriving at this decision, the court considered a wide range of legal principles and there were a number of reasons why Lendlease’s case was dismissed.
In the interests of keeping this article brief, I am not going to discuss all of the law considered by the court. Instead, I want to focus in on the wording of AECOM’s appointment agreement and why I think it was so important.
Limiting Liability to using Reasonable Skill and Care
It appears that Lendlease had undertaken to achieve certain “performance criteria” within its main contract. Sometimes these are referred to as “fitness for purpose” obligations. It is not clear from the judgement what the performance criteria were, but I assume they related to the output of the M&E systems.
On the facts, the performance criteria were not met, meaning that Lendlease was liable under its main contract. Lendlease argued that this liability could be passed to AECOM as it had (allegedly) been appointed on a back-to-back basis.
The question for the court boiled down to this – was AECOM actually appointed on a back-to-back basis? Let’s consider the clauses of the contract and see:
Clause 1.01: “the Consultant shall be deemed to have notice of and shall observe the Employer’s Requirements and/or the Project Agreement and/or the Principal Agreement to the extent the same shall have been issued to the Consultant by the Contractor and to that extent shall be deemed to have full knowledge of the terms and conditions of the Employer’s Requirements and/or the Project Agreement and/or the Principal Agreement. To the extent of the obligations of the Consultant as set out in this Agreement, the Consultant shall ensure that no act, default or omission of the Consultant shall cause or contribute to any breach by the Contractor of any of its obligations contained in the Employer’s Requirements and/or the Project Agreement and/or the Principal Agreement.”
In my view, if the clause above was the only one in play, then AECOM would have been liable on a back-to-back basis. AECOM would have been deemed to have knowledge of the performance criteria, and would have been liable to Lendlease had they not been achieved.
But there is more
Clause 4.01: “The Consultant warrants that he has exercised and will exercise all reasonable skill care and diligence in conformity with the normal professional standards of a consultant holding himself out as a competent consultant experienced in the provision of such services for projects similar in scope and complexity to the Works and having regard for the dates and periods stated in the Contract Programme and Design Service Programme and duties herein described and will comply in all respects with the requirements of the local authority, statutes, regulations, and codes of practice in force and relevant to the design of the Works, including but not limited to fire, health and safety…”.
The clause above says something different. It effectively says that AECOM was to exercise reasonable skill, care and diligence in performing its services. This is not the same as achieving performance criteria, which is a much more onerous standard.
The difference in the two standards above is well illustrated in the UK Supreme Court case of MT Hojgaard A/S v E.ON Climate [2017] UKSC 59. In this case, the design and build contractor did everything that a reasonable designer would have done by following the Eurocodes and other associated design standards… but the structures they designed still failed to meet the performance criteria. In this case, the contractor was found liable for failing to meet the performance criteria, even though it had exercised reasonable skill and care.
I mention the MT Hojgaard case because it illustrates the point above quite well. I have also mentioned it, because Lendlease tried to rely upon it in arguing clause 4.01 did not get AECOM off the hook. I can absolutely see why Lendlease made this argument, and I agree with them.
However, there is more. The final sentence of clause 4.01 went on to state:
“Notwithstanding any other clause in this Agreement or the Principal Agreement or term implied by statute or common law, the Consultant shall not be construed to owing any greater duty in relation to this Agreement than the use of necessary reasonable skill, care and diligence pursuant to this Clause 4.01.”
The clause above (very clearly in my opinion) limited AECOM’s liability to the lower reasonable skill, care and diligence standard. In other words, AECOM only had to do what any other reasonable designer would do in the circumstances in attempting to meet the performance criteria. If the clause above had existed in the MT Hojgaard contract, it probably would have had a very different outcome for the design and build contractor!
The court held that the wording above could not be ignored. As a result, when the contract was read as a whole, AECOM was not contracted with Lendlease on a back-to-back basis. Lendlease was liable for achieving the performance criteria, but AECOM was only liable to exercise reasonable skill, care and diligence.
Take aways
If you are a consultant, or a contractor with design responsibility, then you should seek to negotiate wording into your appointment agreements / contracts which strictly limits your liability for design to using reasonable skill and care.
We review contracts for our clients on a regular basis. Within our reviews, we often suggest introducing wording similar to that set out below (this example is for a design and build subcontractor, but it can be adapted for consultant appointments or main contracts):
“To the exclusion of any other express or implied term of this Subcontract, the Subcontractor’s liability for design (including design it has prepared or caused to be prepared, or design it has assumed responsibility for under this Subcontract) shall be limited to the use of reasonable skill and care. Nothing within this Subcontract shall be construed as a fitness for purpose obligation.”
If you have any questions on this article, feel free to drop me an email – William.Brown@FortfieldBrown.com.
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Commercial Awareness (Part 1 - 6) 1-Day Session
Contractor Obligations under JCT D&B Contract for Subcontracting and H&S
Understanding the Contractor and Subcontractor's Obligations under NEC3 ECS
JCT SBC (Part 1-12) 2-Day Session
Introduction to Date of Possession and Completion under JCT D&B Contract
FastDraft Masterclass: Compensation Events
Capital Allowances on Construction & Property Expenditure Update - Post Autumn 2023 Budget
An Introduction to the Extensions of Time Provisions under JCT D&B Contract
Payment and the Construction Act
Overview of Partial Possession and Practical Completion under JCT D&B Contract
]]>But have you ever considered the impact artificial intelligence (AI) could have on learning for the industry? AI is revolutionising the way we learn, by making the process more efficient, engaging and informative than ever before.
In this article, we'll explore how AI is reshaping the e-learning landscape, with a specific focus on the construction industry. Let's dive into the future of learning.
One of the significant advantages AI brings to e-learning is personalisation. Every learner is unique, with varying levels of expertise and preferences. AI algorithms will analyse individual performance, strengths, and weaknesses to curate personalised learning pathways. In the construction industry, this means that a graduate QS and a Contracts Manager can access tailored material, ensuring they learn at their own pace and in alignment with their specific career goals. BI have been offering this approach to learning for a while and the feedback from leaners has been tremendously encouraging.
Traditional exams and assessments often fall short in measuring a learner's true capabilities. AI-powered assessments adapt to the learner's progress, adjusting the difficulty level of questions to ensure a precise evaluation. For construction professionals, this translates to more accurate assessments of their knowledge and skills, enabling them to identify areas that require improvement and track their progress effectively.
AI has the power to analyse vast amounts of learning content, identifying the most relevant and up-to-date materials for learners. In the construction industry, where regulations, technologies, and best practices evolve rapidly, this means that an AI powered learning platform can provide professionals with the latest insights and knowledge, keeping them at the forefront of their field.
With personalised learning paths and adaptive assessments, individuals can acquire new skills and certifications more efficiently, enhancing their career prospects. Whether it's mastering NEC4 Fundamentals or becoming proficient in Construction Law, AI-powered e-learning offers construction professionals a clear path to career specialisms and advancement.
Construction projects are often demanding and unpredictable, making it challenging for professionals to commit to fixed training schedules. AI-driven e-learning, accessible anytime and anywhere, provides the flexibility needed for on-the-go professionals to balance work and learning effectively. BI's busy learners really value our bitesize courses that can be completed in just 30 minutes, counting towards CPD requirements for professional institutions.
AI-adaptive assessments can boost an individual's confidence by providing constructive feedback and tracking their progress. As learners see their skills improve over time, they gain confidence in their abilities, which can positively impact their performance on construction projects. This confidence can also lead to greater job satisfaction and motivation. To support this we recently launched In-App Contract Coaching on our CMS platform FastDraft, providing learning at the coalface, guiding our customers towards smarter contract management.
For construction companies, a highly skilled workforce is a valuable asset. AI-powered e-learning ensures that employees are up-to-date with industry trends, best practices, and regulatory changes. This translates to enhanced project performance, reduced errors, and increased client satisfaction.
Traditional training methods, such as in-person workshops and seminars, can be costly in terms of both time and resources. AI-powered, e-learning delivers cost efficiency through reduced training expenses, customised learning paths, minimised downtime, lower material costs, optimised resource allocation, and scalability. This enables construction companies to provide training to new hires quickly and efficiently without incurring significant overheads.
AI-driven e-learning platforms generate a wealth of data on learner performance. Businesses can leverage this data to gain insights into their workforce's strengths and weaknesses, enabling personalised coaching for every user.
As the construction industry continues to embrace digital transformation, AI-powered e-learning platforms will be at the forefront of this revolution. By providing personalised, adaptive, and intelligent learning experiences, they empower both individuals and businesses to thrive in an ever-changing landscape.
In conclusion, AI is set to revolutionise learning in the construction sector, making education more effective, accessible, and tailored to individual needs. The future of construction learning is here, and it's driven by AI.
If you're ready to embark on this transformative journey, contact us today to explore how AI can elevate your workforce's capabilities and drive your construction projects towards greater success.
]]>A tricky one in 10 words! Collaborative; always learning; positive, authentic; resilient, goal-orientated; focussed; a bit of humour in there too!
My finance career started as graduate, completing my chartered qualification with a UK accountancy firm. Post qualified, I moved into roles in industry, working first as an FC then an FD.
After some time out on maternity leave, I become a portfolio FD working with a number of start-up/scale up businesses across several different industries. One of these was BI and, as its growth has accelerated, so has my role, and I’ve now joined the team permanently.
Freelance, since 2017. As a permanent member of the team since last year.
No two days are the same so it’s hard to give a typical ‘day in the life’. I oversee all the financial operations of the business, with my main focuses being financial reporting to the management team & Board, forecasting and cash flow projections, oversight of budgets, our financial systems & processes, and statutory/tax compliance.
It’s the collective achievement of the whole BI team last year (2023). We have grown our headcount, increased the size of our customer-base, and grown our revenue numbers to our highest levels ever. Seeing the hard work of the team pay off through the performance of the business is so rewarding.
When not chasing around after two young children, you’ll find me out running round the roads and trails of Bath. Running is my passion: the competitiveness (I have a 10k PB of 35mins and half marathon PB of 78mins), the mental and physical health benefits, and just being in the great outdoors!
Be clear on what your passion and values are and try and live by those each day. Be kind along the way and never stop learning.
]]>
The lengthy 140-page draft bill seeks to provide greater rights and protections to long-leasehold home owners by amalgamating all the leasehold and freehold reforms that the government have been proposing for several years. This includes reforms to leaseholders right to manage, enfranchisement, lease extensions and freehold estate management for England and Wales.
Continuing the theme of leasehold reform, the government has started dealing with the much-discussed issue of "onerous ground rents". It published a consultation on 9 November 2023 titled "Modern leasehold: restricting ground rent for existing leases", which proposes five possible options to cap ground rents in existing leases in England and Wales and designed to give leaseholders a fairer deal.
Despite the commitment in the government's accompanying press release, notably missing from the draft bill is the anticipated ban on the creation of new leasehold houses and several examples of drafting inconsistencies have also been pointed out. However, the bill is likely to undergo significant amendments (including covering the capping of ground rents) as it moves through Parliament which may iron out these and other issues.
The bill proposes changes to simplify and reduce the costs for leaseholders for both freehold acquisition through enfranchisement and lease extensions, including:
The bill extends the existing statutory regulation of service charges to fixed service charges and aims to provide a fairer deal to leaseholders, by facilitating easier scrutiny and challenge.
It also includes provisions to increase service charge transparency by requiring service charge bills to be issued in standardised forms. There is also a new requirement for a written statement of account (in a specified form) to be provided by landlords within six months of the end of the 12-month accounting period, accompanied by an annual report.
The bill, as drafted, enables more leaseholders to bring rights to manage (RTM) claims by increasing the "non-residential" limit in mixed-use properties from 25% to 50%. The provisions will make it cheaper for leaseholders as the RTM company (or a member of) will no longer be liable for the landlord's costs, apart from when these are awarded by the court or tribunal.
The draft bill gives new rights to freeholders who pay estate management charges towards maintenance and upkeep of an estate. For the first time it provides freehold owners paying these charges with statutory rights akin to those currently enjoyed by leaseholders with service charges, including, for example, rights to challenge the reasonableness of those charges.
There are provisions whereby a freeholder must consult with other freeholders contributing to those charges in relation to works that exceed an appropriate amount as currently given to leaseholders under section 20 of the Landlord and Tenant Act 1985.
However, these rights must be balanced with the reality that the common parts of many estates are ultimately owned by the residents (as with enfranchised blocks of flats), with no third-party source of funding.
Historically, ground rents typically constituted a nominal sum or a "peppercorn". More recently, not only has there been a trend for higher initial sums being sought but many leases also impose an increasing ground rent throughout the term of the lease. There is no legal requirement for the ground rent payable to be reasonable or in any way linked to a service provided to the leaseholder or the building.
The 2020 Competition and Markets Authority investigation into unfair ground rents in existing leases applied pressure on housebuilders to regularise the position retrospectively. The government subsequently legislated to recognise any imbalance between leasehold homeowners and their landlords and introduced the Leasehold Reform (Ground Rent) Act 2022 to put an end to the charging of ground rents for most new long residential leasehold properties.
Further reform is now underway with the publication of the latest government consultation in November, which seeks views on the capping of ground rents for existing residential leasehold properties. The consultation is currently set to close on 17 January 2024 and proposes five key options:
It remains to be seen which, if any, of the proposed restrictions may be imposed, however the government has stated "regardless of the option taken forward we would not expect to compensate freeholder for lost revenue, nor do we expect freeholders would be able to capitalise this lost income stream through other means".
Institutional investors in particular will be watching closely as they may seek to challenge any restrictions imposed without balancing the interests of the freeholder and providing adequate compensation for any resulting loss.
There has been much talk of wholesale reform to the leasehold system in England and Wales for many years now, so, although seemingly far-reaching, the proposals may be criticised as not going far enough and not committing to abolishing leasehold altogether.
While the bill markedly does not deliver on the government's promise of banning leasehold houses, it is widely anticipated that changes will follow as the bill progresses through Parliament. It remains to be seen what those changes may include.
Discussion around commonhold – where the tenant also owns part of the freehold – is noticeably absent, although it simply may be too much at once for the industry where the rights of investor landlords have to be carefully balanced. This, combined with the uncertainty on the capping of ground rents pending the consultation outcome, means we will have to wait until 2024 for more clarity as to the full extent of leasehold and freehold reform.
With thanks to OSBORNE CLARKE for allowing us to share articles & blogs from various leaders and employees
https://www.osborneclarke.com/insights/headlines/location/uk/
]]>Date: 4 April 2024
This series of fast paced and practical webinars introduces you to key mechanics and provisions of the NEC3 Engineering and Construction Contract (ECC). It is used for the management of works between the Employer and an organisation providing engineering and construction work including any level of design responsibility.
In this series of online courses, you will gain a practical understanding of the key aspects of the ECC from both Parties perspectives. We will explore the importance of administering this form of contract during the life of a project rather than “leaving it in a drawer”, as in our view being contractual should be viewed very much as being proactive rather than being considered negatively. These sessions will review the ECC as well as the choice of secondary options that are available, all of which alter the risk profile and the payment mechanisms on a given project.
Attendees of this training programme will have a much clearer understanding of the intent of the specific contractual clauses and in practical terms begin to see how they should administer them for the benefit of all parties on a particular project.
This first session in the series of 6, introduces you to the common philosophies of the NEC family of contracts and focuses in more detail upon the key mechanics and provisions of the NEC3 Engineering and Construction Contract (ECC)., reviewing the contract as well as consider the choice of secondary options that are available, all of which alter the risk profile and the payment mechanisms on a given contract, and how to put together a contract agreement.
Giving attendees a quick and punchy summary of the main roles and responsibilities of both the Employer and the Contractor under the NEC3 Engineering and Construction Contract (ECC). The session will take you through some of the general provisions, governing actions, identified and defined terms, communications, the roles of the Employer and Contractor, early warnings, Contractor’s main responsibilities for Providing the Works, People and working with the Employer and Others and gives a much clearer understanding of the intent of the specific contractual clauses and in practical terms begin to see how they should administer them for the benefit of all parties on a particular project.
This webinar provides a quick and easy walk through of programming obligations work under NEC3 ECC and provides an overview of the main provisions of under section 3 of the ECC : producing a programme, updating the programme, programme acceptance and how float is incorporated into the programme - including a review of Quality Management and the management of Defects. We will also explore how to put together the Works Information and some key pointers when doing so.
The aim of this session is to introduce the payment provisions of the NEC3 EC covering the intent of the specific contractual clauses and in practical terms begin to see how they should administer them for the benefit of all parties on a particular project.
This session introduces compensation event process for managing change under the NEC3 Engineering and Construction Contract (ECC) and an overview of the main provisions of under section 6 of the ECC Contract. After completing this webinar, you'll understand the compensation process of ECC inside out.
This final course introduces the common philosophies of the NEC family of contracts and focuses in more detail upon the key mechanics and provisions of the NEC3 Engineering and Construction Contract (ECC). This webinar will walk through the provision for dealing with rights to material, how liabilities and insurance and risk is managed under the contract and what adjudication is and what it aims to achieve.
This 6-part course is a mix of free content and premium learning and to access the entire days training, a subscription will be needed prior to the event and the course will then be available on-demand for subscribers only
Part 1 begins on 4 April 2024 at 9 AM. Register for Free here
With subscriptions from just £25 per month this is a great way of accessing a library of subjects and training material together with whitepapers, templates and technical helpdesk support Find out more
]]>The list of webinars are as follows:
The Five Methods of Dispute Resolution under JCT D&B16
NEC3 TSC (Part 1 - 6) 1-Day Session
Overview of the JCT Design and Build Contract
How to Put Together an NEC3 ECS Subcontract and Choose the Right Main and Secondary Options
Understanding Key Documents of a JCT Design and Build Contract
FastDraft Early Warning Masterclass
Understanding Contracts Documents and how they Work Together
Contractual Entitlements (Part 1-6) 1-Day Session
Design and Build Contracts: An overview of the JCT and NEC
Contractor Obligations under JCT D&B Contract - Design and Quality Standards
]]>I try of course, but there are some things that I just hate doing. I put off things like my tax return, always filed as the clock ticks towards the final deadline, despite the fact I have had pretty much 10 months to do it. Then there is filling out my expenses and that even pays me money! I keep in my head, on my laptop or sometimes in the back of a notebook my “Too Hard Pile”. I think I’ll keep the specific contents of that list to myself if you don’t mind… not sure who will see this… but be sure the Too Hard Pile is there!
In my work with people, at every level, in the Built Environment, I am certain that there are others with pretty hefty “Too Hard Piles” out there too. For me this is a fundamental challenge for the sector; everyone is so much on the hook to deliver with probably not quite enough time, budget or resources. So stepping back to work out how to do things better, or tackle the Too Hard Pile is just not an option. I do however think there is a solution; I wouldn’t waste your time otherwise!
Frustratingly for me much of the improvement I want to see, that will, I believe, transform the sector is on the sectors’ Too Hard List. For example, making known the tremendous, rewarding and exciting career opportunities that exist in a sector currently looking for over 250,000 new recruits to literally make our world a better place.
I have spoken with people from most of the largest 20 companies in the sector, many smaller ones, all the professional bodies and trade associations as well as the largest development projects, and even some suppliers to the sector. The good news is that pretty much everyone agrees it is important to raise the profile of the sector with the next generation, and that more needs to be done. The sad news is that for most the tasks are either on the Too Hard Pile, or worse, they have been transferred to someone else’s Too Hard Pile. Drilling in to what is actually going on when it comes to promoting the sector they fall broadly into 2 groups:
I think all of those points have truth in them and the consequence is yes, you guessed it meaningful schools engagement is on the Too Hard Pile. Trouble is as a sector we can’t afford not to address the next generation of recruits. By the way, I have never seen the XXX number of schools exceed 100, which means addressing a nifty 2.4% of the 4178 secondary schools in the UK. So if that is what your professional body proud to be delivering, you can decide if that is good enough? If you really want to challenge the impact, find out how many of those schools are NOT in London or next to HS2? Typically awareness raising is done within a stone’s throw of a major project; no projects, no visibility!
So what is the solution?
To get the issue of recruiting the next generation off the Too Hard Pile requires 2 changes in my mind. While not complicated, to make these changes does require action, which is hard to find the time for.
If you work in the sector, then hopefully, like me, you think it is a good place to welcome others to join. For example, as a marketing manager for one of the house builders you possess significantly more knowledge about the whole Built Environment than a 15 year old studying for GCSEs. You have a good understanding of what Architects, Project Managers, a Quantity Surveyor or a plasterer does and how they play an important part of building homes for our communities. You should surely therefore seize every opportunity to go to careers fairs at your local schools or get a colleague to do so. If you are an employer consider allowing your staff time to actively engage with students, maybe even reward them for doing so.
MEMF is free for schools to use. It does not require any extra activity for teachers outside the classroom. MEMF provides resources to teach core modules of the GCSE and A-Level Geography, while also introducing careers in the Built Environment. It does not need support from someone from the sector, but going in to the classroom as part of the programme, or helping student prepare their entry into the optional national competition, will have a significant impact. The best thing about MEMF is that once teachers see it they can use the materials year after year, however it works best for them, long after a construction project completes, while also opening up the opportunity presented by careers in the built environment.
So maybe schools engagement doesn’t deserve that place on the Too Hard Pile after all? Maybe it still seems too hard? Get in touch. I’d love to hear from you if you still don’t think creating a pipeline of new recruits for the sector is worth your while?
About the author
Terry Watts is CEO of CSTT and also works with MEMF (My environment, My future) a charity set up in the 1980s to help individuals overcome the barriers to pursuing a career in surveying. Working with colleges and schools to inform, encourage and facilitate individuals from all backgrounds to enter the built environment with career programmes working with employers through the wider industry.
]]>The NEC4 Term Service Contract was published in 2017 and it has brought the benefits of the NEC approach to facilities management and maintenance contracts which have historically suffered from most of the same flaws as traditional construction contracts.
This training programme introduces you to the key mechanics and provisions of the NEC4 Term Service Contract (TSC). We will explore the importance of administering this contract rather than “leaving it in the bottom drawer”, as in our view being contractual should be viewed very much as being proactive rather than being considered negatively.
This programme is made up of a series of 6 webinars including:
This webinar programme is recommended for everyone currently or about to be working under an TSC contract including Client's, Contractors, Project Manager’s, Main Contractors and Subcontractors who are providing works for a project or for any other reason who want to get a better grip of this contract. These sessions will be suitable for those who are relatively new to these forms of contract as well as those who are already more experienced in the contract and looking to enhance their level of knowledge and understanding.
This 6-part course is a mix of free content and premium learning and to access the entire days training, a subscription will be needed prior to the event and the course will then be available on demand for subscribers only
Part 1 begins on 2 April 2024 at 9 AM. Register for free here
With subscriptions from just £25 per month this is a great way of accessing a library of subjects and training material together with whitepapers, templates and technical helpdesk support Find out more
]]>Tuesday 16 April 2024
This course which will be running as a whole day session.
The aim of this 6-part course is to provide you with an informative and comprehensive understanding of international best practice in construction project management and to prepare you for leadership of construction projects.
Part 1: Defining the role and objectives of a project manager
We will review the current industry accepted definitions of a project manager and discuss their key roles and objectives.
After this webinar, you should be able to.
Part 2: Understanding the detail of the lifecycle of a project
We will review each phase of the construction lifecycle and focus on the roles and responsibilities of a project manager related to each.
After this webinar, you should be able to:
Part 3: Establishing the project planning objectives and avoiding failure
We will discuss the importance of correctly drafting the plan / schedule, critical paths and interdependencies and the best process for updating and monitoring the project schedule.
After this webinar, you should be able to:
Part 4: Developing and managing organisational structures
We will review the importance of establishing structures, roles and responsibilities, terms of reference and stakeholder governance to help create the most efficient and effective working environment.
After this webinar, you should be able to:
Part 5: The importance and content of the project execution plan
We will review the content and critical importance of a robust and correct project execution plan including who should be involved in its preparation and the detail that the execution plan should contain.
After this webinar, you should be able to:
Part 6: The importance of health and safety to the project manager
We will conclude with a session devoted to health and safety and the project managers role in its continual monitoring and management.
After this webinar, you should be able to:
This 6-part course is a mix of free content and premium learning and to access the entire days training, a subscription will be needed prior to the event and the course will then be available on-demand for subscribers only
Part one begins at 9 AM on 16/04/2024 - register for free here
With subscriptions from just £25 per month this is a great way of accessing a library of subjects and training material together with whitepapers, templates and technical helpdesk support Find out more
]]>Susanne is an internationally recognised project leadership coach, facilitator, and author of the award-winning ‘The Power of Project Leadership’. She is the co-founder of ‘The Project Leadership Institute’ which runs leadership programmes to help project managers become better leaders in the workplace.
On 10 April Susanne will present a webinar on How to Develop Your Emotional Intelligence. The 45-minute webinar provides an overview of what Emotional Intelligence (EQ) is, how you can develop it and in which ways you can use it lead your team to high performance.
During the webinar you will learn:
Register for the webinar for free here
]]>Susanne Madsen is an internationally recognised project leadership coach, trainer, author and co-founder of The Project Leadership Institute. On 23 April 2024 for one hour from 1pm, she will presenting this webinar on How Project Managers Can Deal with Stress and Avoid Burnout.
As an experienced project manager of large change programmes, Susanne has first-hand experience of how stressful project management can be. As a result of working in a high-pressure environment for several years, Susanne’s body became infested with stress to the point where she could barely walk. She was forced to slow down and make some important changes in her work and life. She learnt to set boundaries and leave work behind when she left the office. She also got better at delegating, asking for help and began to focus on activities outside of work that fuelled her energy.
Susanne’s story is not unusual. Almost all project managers have experienced stress on their projects and far too many suffer from ill health as a result. Whereas short bursts of stress can have a positive effect on performance, prolonged stress is harmful and can cause burnout. In this talk Susanne will share her personal story and provide tips and insights that can help you stay clear of negative stress and work within your zone of peak performance.
Susanne’s webinar will help you to:
To register for this FREE one hour webinar on 23 April 2024 from 1pm - enrol here
]]>As we approach the final stretch of the year, we're thrilled to bring you a series of insightful webinars delving into NEC and JCT contracts, Capital Allowances and much more. Our line-up covers a range of topics designed to empower professionals in the fields of project management and contract management.
The list of webinars are as follows:
NEC4 PSC (Part 1-6) 1-Day Session
Capital Allowances Update – Post March 2023 Budget
Default and Termination Procedures under JCT D&B
Capital Allowances: Tax refunds on Commercial Property Expenditure
]]>Hmm, its difficult to describe yourself in 10 words, but I like to think I am confident, resilient, highly motivated, hardworking, helpful, passionate, positive, organised, and funny!
I am originally from Cornwall and moved to Bristol in 2018. Working at BI was my first job within the industry, joining as a Junior Web Developer, where my initial responsibilities were to be help build features with FastDraft’s old UI and start creating our ReachBack platform.
Almost 4 years!
My day starts with a morning sprint call in which the team of developers discuss what we would like to achieve that day and the progress we have made so far on our tasks. This could lead to a day of working on FastDraft, ReachBack, Shopify, PowerBI and testing.
I use a variety of different skills/languages almost every day, which I love! One day, I could be working on the Front End of FastDraft, the next I could be using .NET on the backend. I also could be using Liquid.js when building on Shopify, or now, even getting my teeth into PowerBI!
Developing and building numerous features within FastDraft, being in charge of the creation and maintenance of Reachback, as well as being a helping hand with our Shopify site!
I like to keep myself active and healthy. I run a lot and go to the gym almost daily. I also really enjoy my downtime and relax by kicking back and binge watching a series or movies.
Enjoy the little wins just as much you enjoy the big wins!
]]>
We are happy to announce that we collaborating with civil engineer and construction solicitor, William Brown to deliver free training on Risk Management.
This comprehensive overview of Risk Management has been split over 2 one hour webinar sessions.
Part 1 - THU, March 21, 2024, 13:00 GMT
Part 2 - THU, March 28, 2024, 13:00 GMT
The aim of this webinar is to give participants an overview of risk management within the construction industry.
You’ll learn:
William is a specialist construction and procurement solicitor, who originally qualified as a civil engineer. He uses technical knowledge of construction issues to quickly solve legal problems for his clients. As an engineer, he prides himself on providing legal advice that is commercially focused and straight to the point.
]]>Considerate, caring, loyal, lively, genuine, dedicated, supportive, appreciative, committed and positive!
Over 40 years’ experience in Insurance & Financial Services with a focus on Marketing, Sales & Customer Services and believe it or not, relevant degrees to support it! Although I sometimes wonder! I moved into Legal around 7 years ago to focus on helping the bereaved with their legal challenges and just before COVID joined BI to help customers with challenges faced in the world of Construction - very different conversations but still helping people !
Joined in March 2020 and after a 4 month break due to the COVID outbreak, returned in September 2020 – so will be 4 years by the time I reach 60!
Calling customers who use our online services to make sure they have what they need and to highlight other services which may be interest and help them in their roles
Talking to people and helping them!
Receiving great feedback from people I help every day
For those who know me I love being active! Swimming since I was a tot, lots of walking with friends, taking up yoga in my 40’s, Salsa and Latin dancing in my 50’s and just as I am approaching 60 I have recently re-started the gym with a PT and started Ballroom dancing too!
Live life to the full and do what you enjoy and always consider others 😊
]]>JOHN LENNON.
I don’t think John Lennon was thinking about latent defects when he said that. But if you believe latent defects are plain sailing, think again. Recent changes in the law mean that the sea is certainly becoming choppier. The following is a brief reminder of where we are with respect to latent defects and limitation periods and a look at what changes have been made by the latest legislation.
What do we mean by Latent Defects?
Let’s start by considering what we mean by latent defects. Defects are split into two categories, patent and latent. Patent defects are the ones that are noticeable. These will normally be picked up either prior to completion, or during the defects liability / rectification period under the contract. Latent defects on the other hand are concealed defects. They are things that would not be found by reasonable inspection by a competent person. I call it the prawn sandwich test – it might look, smell and taste great but it’s not until later that you know there’s something wrong.
Limitation Periods
Now you can’t talk about latent defects without also thinking about limitation periods. These are various lengths of time set out in statute during which you may bring a claim or action. Whilst you can still bring a claim once these periods have expired the party you are claiming against will have a time-bar, or limitation defence, available to defeat your claim. So, knowing the relevant limitation period is crucial to your success.
The key piece of legislation setting out limitation periods is the Limitation Act 1980. The starting point for measuring limitation periods is the date on which the cause of action accrues. In this context the phrase cause of action is simply a reference to the material facts that allow the claim to be made. For example, for a claim in contract the cause of action is the date on which the breach of contract occurs. For most contracts the limitation period runs for six years from that breach unless the contract is executed as a deed, when it runs for twelve years.
A tort is a civil ‘wrong’ that is independent of a contract. The most common tort in construction is that of negligence. For a claim in tort the cause of action arises when the party bringing the claim actually suffers damage. The limitation period again runs for six years from that cause of action.
Now the main problem when it comes to latent defects is that due to their concealment they may not be discovered until many years after construction. By then the relevant limitation period will have passed and the ability to successfully claim been lost. This is where the Latent Damage Act 1986 comes into play as this provides for the limitation period to be extended based not on when the damage or breach occurs, but when the party bringing the claim has, or ought to reasonably have, relevant knowledge of the defect. Relevant knowledge in this case consists of knowing both the basis for the claim and that the damage was caused by the other party’s acts or omissions. The extended limitation period runs for three years from that knowledge.
For obvious reasons there has to be a long-stop to this extended limitation period otherwise liability would run indefinitely. The long-stop is fifteen years, running from date of the negligent act or tort.
Building Safety Act 2022
The choppy waters I mentioned earlier have been caused by the Building Safety Act 2022. This was born out of the numerous reports and reviews undertaken following the shocking events at Grenfell. Unsurprisingly it brings in a whole new raft of regulation, enforcement and liability throughout the construction process with particular attention paid to construction materials and cladding. As with all new legislation it will take some time for lawyers to find all the loopholes and for the courts to work out how they think it was intended to operate. We are still in the early days of the process as not all sections of the Building Safety Act are operative and some of the secondary legislation needed to make it work properly are yet to be passed by Parliament. But what do we know so far about the changes the Building Safety Act brings to latent defects and liability periods?
There are two key changes that mainly affect residential property. The first change concerns claims under the Defective Premises Act 1972. The Defective Premises Act requires work carried out on dwellings to be of a workmanlike or professional manner using proper materials. Further, once completed the dwelling is to be fit for habitation. So, nothing too unreasonable. However, the Building Safety Act has extended the liability period for claims under the Defective Premises Act from six years to fifteen years for claims for works completed after 28 June 2022 and a whopping thirty years retrospectively for claims regarding works completed before 28 June 2022. As if that wasn’t enough, it has also extended the scope of claims that can be brought under the Defective Premises Act. Previously this only covered claims related to new construction, but now it also covers claims relating to refurbishment and remedial works to existing properties.
The second key change brought in by the Building Safety Act concerns latent defect insurance. As the name suggests, latent defect insurance is designed to provide cover for building owners or occupiers against latent defects. The main benefit of this insurance is that a claim can be successfully made without the need to prove negligence, removing many of the legal arguments that can delay payment. Latent defects insurance is common for residential property as it is a requirement of UK Finance (which incorporates the old Council of Mortgage Lenders), but it can also be obtained for commercial properties. Each policy will be different but typically it will provide cover for structural damage and run for ten or twelve years from the date of practical completion.
Section 144 of the Building Safety Act has not been implemented yet, but when it is the latent defects insurance provided by new home warranties will have to provide cover for at least fifteen years.
Final Thoughts
The Building Safety Act clearly extends liability in respect of latent defects. But it goes much further than that. There will be increased regulation thanks to the creation of new bodies such as the Building Safety Regulator and the National Regulator for Construction Products. There are new processes and procedures to follow such as the Gateway approval process for higher-risk buildings and the need to store a building’s information by maintaining a ‘golden thread’ of accessible data. But it is still very much an Act that is in development and there is plenty that might yet change. Whatever happens the risks for all involved in the construction process have increased. We are in for some interesting times. I recommend checking your insurance cover and updating your policies for data retention.
About the author
Susan Francombe is a Chartered Civil Engineer, registered Barrister and a Fellow of the Chartered Institute of Arbitrators. She works as an independent consultant, Adjudicator, speaker and trainer.
Providing advice on construction contracts and dispute resolution, she is particularly interested in adjudication. She is currently Senior Vice-Chair of the Adjudication Society and sits on the steering committee of Women in Adjudication.
Susan has supported the Institution of Civil Engineers for a number of years sitting on their Law and Contract Management Examination committee and Dispute Resolution Board.
https://businessofbuilding.co.uk/
]]>
Both feature targets for embodied carbon. By also taking into account operational carbon, it is possible to assess a project’s whole life carbon.
There are whole-building assessment schemes that include embodied carbon as part of meeting a definition of ‘whole life net zero’. For the purposes of this blog post, we are only considering schemes that actually assess embodied carbon, and which can then be used to produce a figure for whole life carbon – whether the ultimate aim is net zero or not.
Broadly speaking, the construction industry has got better at reducing the operational carbon of buildings, which means embodied carbon is responsible for a greater proportion of lifetime emissions. There is therefore increasing awareness of the contribution that embodied carbon makes to a building’s total emissions over its useful life.
Seeking to factor embodied carbon alongside operational carbon might therefore be a personal choice for a client. Where the client is a larger organisation looking to reduce its environmental impact, they might have a defined embodied carbon reduction to aim for as part of their own policies.
Alternatively, a whole life carbon assessment might be a local planning requirement. This is already the case with the Greater London Authority for certain projects. In time, it is expected that embodied carbon and whole life carbon assessment will become a formal part of national building regulations.
A document produced by LETI, working with other groups including RIBA, acknowledges that “a key issue the industry faces is the lack of consistent measurement, leading to mis-aligned benchmarks, project targets and claims”.
Despite initial differences in the scope of reporting, a lot of work has gone into aligning the LETI and RIBA schemes. Part of that work has included the creation of a rating system (similar to that used for energy performance certificates (EPCs) or home appliances) to aid comparison. Both targets also assess buildings by type (office, residential, retail, education).
Nevertheless, some difference remains, with LETI’s targets relating to the building at design stage, and RIBA’s when a project has been constructed.
A familiar letter rating system, ranging from A++ to G, allows for a consistent industry approach. Simple comparisons can be made between buildings. It is also more straightforward to set targets and encourage conversations about how to achieve those targets.
The figures that underpin those ratings, however, are based on the amount of carbon per square metre of usable floor area (kgCO2e/m2). This is where the detail of assessments is found.
Basing the result on usable floor area encourages efficient design. An atrium is a good illustration of why this works. The materials used to construct a highly glazed atrium will most likely be carbon intensive, for the gain of relatively little usable floor area.
At the same time, an atrium might offer building performance advantages, such as by providing daylight to areas of the building that would otherwise struggle to receive it. This can save on artificial lighting use, which is part of the operational carbon emissions. A whole life carbon approach allows for this kind of analysis, rather than looking at operational or embodied carbon in isolation.
Like all forms of mandatory and voluntary assessments, the best time to start looking at whole life carbon is in the early stage of projects. As more local planning authorities follow the lead of the Greater London Authority and start to adopt carbon targets as part of planning policy and approvals, early-stage assessments will become increasingly common.
The key to meeting targets is then following up with further assessments as the project progresses.
When detailed design and specification decisions haven’t been made, generic materials are likely to be assumed as a placeholder. If these assumptions aren’t updated (or accurate data added, where no assumption was included) as decisions are made, the original assessment becomes increasingly inaccurate.
A whole life carbon calculation that hasn’t been refined doesn’t contribute to the industry’s efforts to achieve ‘best practise’. And for individual projects, it could even mean being found in breach of planning approvals.
Another advantage of early assessment is that it gives designers and specifiers time to assess what information is available to inform decisions about products. EPDs are not ubiquitous, so information can be hard to find.
In some product sectors, even where manufacturers offer EPDs, the level of reporting in different ones may not be the same. Some EPDs report product impacts across all modules; others across only a limited selection. It makes fair comparisons even more difficult.
An early assessment could highlight where life cycle information is particularly needed and encourage the specification of products whose manufacturers offer that information – thereby improving the accuracy of whole life carbon assessments while also helping to meet targets like those set by LETI and RIBA.
Darren Evans - Business leader connecting with people to treat people and planet as the precious resources they are so that we can build a better future together https://darren-evans.co.uk/
]]>Understanding What Sums Properly Due Under JCT Design & Build Contract - Part 1 Adjustments
An Overview of the NEC4 Amendments 2023
Understanding What Sums Properly Due JCT Design & Build Contract Part 2 - Loss and Expense Claims
NEC4 ECS (Part 1 - 6) 1-Day Session
Getting to Grips with Compensation Events Under ECS and How They Work with the SOCC
NEC4 ECC (Part 1 - 6) 1-Day Session
Overview of Payment Provisions under JCT D&B Contract - Timing and amounts due
FastDraft Early Warning Masterclass
Handy Tips and Tools to Help PMs and Civil Engineers Keep Control of Project Costs
CESMM4 (Part 1-6): 1-Day Session
Overview of Payment Provisions under JCT D&B Contract - Listed items and deductions
Indemnity and insurance under JCT D&B - Public liability, and works insurance
]]>Our self-assessment is a comprehensive diagnostic tool devised to guide your organisation in assessing its contract management maturity. It comprises 39 carefully designed questions that encompass key areas of contract management, including;
Your responses will gauge your organisation's maturity level in various aspects of contract management.
Effective contract management is not a mere checkbox; it constitutes a strategic asset for your organisation. By evaluating your contract management maturity, you gain the insights requisite to enhance collaboration, mitigate risks, and attain superior project outcomes.
To start your journey towards contract management excellence, we invite you to undertake the Contract Management Self-Assessment now.
Your self-assessment is only the start. To delve deeper into the Contract Management Maturity and unlock your organisation's complete potential, download our comprehensive white paper:
RICS define comparable evidence as an ‘item of information used during the valuation process as evidence to support the valuation of another, similar item’.
Comprehensive, i.e. ideally a valuer needs more than one transaction. At least three, if not five plus, would be even better
Very similar or identical
Recent
Result of an arm’s length transaction
Verifiable
Consistent with local market practice
Result of underlying demand, i.e. sufficient bidders to create an active market
This is the process that Jen follows when researching comparable evidence:
Use published online databases, such as CoStar or EIG, to identify potential comparables
Look for done deals, such as lettings, lease renewals, rent reviews and regears. Consider the weight allocated to each under the hierarchy of evidence (i.e. to what extent is the transaction at arm’s length?)
Look for investment or auction sales (completed deals or properties being marketed), where you may be able to extract details of key leasing events. Some may be historic so ensure you keep a close eye on any transaction dates
Look for properties that are available to let. Although not done deals, these may give an indication of ceiling (quoting) rents and the market dynamics in a specific location. Speaking to the agents involved may give you further leads on completed deals nearby
Speak to active local and national agents in the area. Some online databases have a search function to identify which agents have done deals in an area recently. You are likely to identify evidence not published on the online databases this way, including rent reviews, regears and off-market transactions
Use a database such as The Requirement List to identify active requirements in the area and the level of rents that the market might pay
Look at nearby properties in the area that could be potential comparables and use the Land Registry to identify landlord or tenant contacts, or to download any leases that may be available
Address
Type of property
Tenure, i.e. freehold or leasehold
Location
Lease terms, if applicable
Brief description
Floor areas
Transaction type and date
Value and any incentives
Analysis
Parties involved
Source of information
Any issues relating to reliability
Date the evidence was verified
Having a simple template proforma to record key details is best practice. This can then be saved on your file for future reference.
You will then need to analyse your comparable evidence:
Analyse the net effective rate, i.e. taking any incentives into account
Collate evidence in a schedule or matrix
Adopt a common measurement or comparison standard
Adjust quantitatively and qualitatively using the hierarchy of evidence and other key considerations (including your own knowledge and experience)
Analyse the evidence to form your opinion of value
Stand back and look to sense check the final valuation figure
Report your opinion to the client, including any negotiation strategy or quoting terms, depending on the instruction in hand
Jen has extensive experience in providing training services to students, RICS AssocRICS, APC and FRICS candidates and corporate clients, together with academic experience as a Senior Lecturer at the University of the West of England, Lecture at the University of Portsmouth and Associate Tutor at the University College of Estate Management. Her RICS assessment experience includes sitting on final APC interview panels, APC appeal panels and being a lead APC preliminary review assessor.
She has also written published articles in Property Week, ACES Terrier, RICS Modus and the RICS Property Journal. She also writes a regular APC column in Estates Gazette Brick & Mortar podcast series with Sarah Jackman and is a contributing author to the Health & Safety section on RICS iSurv.
]]>Chatty, creative, caring, a little bit loud, and usually laughing!
After gaining a degree in Professional Musicianship: Song-writing in Bristol, I fell into retail where I stayed for over 4 years, climbing my way up the hierarchy until I became Assistant Store Manager. Generally my work background, even prior to university, has always been customer-based, whether it’s a support role or a sales role. I feel most fulfilled when I am helping someone, even in the smallest of ways.
Only 6 months, though it feels longer!
I do a number of things, but generally my days consist of helping customers with their technical support requests, and managing contracts/contract users on FastDraft. Writing Support Articles is also a key part of my job, and making sure that any new features we release are documented.
Certainly the team at BI plays a big part, I was welcomed immediately and feel very comfortable here! But I also love the customers I speak to each day, I don’t think I’ve ever worked somewhere with such lovely customers!
Any time I receive customer service feedback on our tickets that speaks positively of my service I feel very proud.
I’m a very musical person, and in my free time I’m usually rehearsing or performing with my covers band – we’ve done all sorts of gigs; pubs, birthday parties, weddings, it’s a lot of fun. I love reading as well, I’ve read 25 books so far this year!
It’s never the wrong time to reinvent your life, you don’t ever have to feel like you’re stuck where you are. Just because you’re the same age as someone, it doesn’t mean they’re doing any better or worse than you.
Want to know more about Lily's band and musical talents! Click here!
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