Biyernes, Mayo 31, 2019

Look to the future

Julie Palmer, partner at Begbies Traynor, argues that while the UK construction sector deals with short-term uncertainty and challenges affecting activity levels, there is cause for optimism as emerging technologies and methods point to a brighter, more productive future.

Against a backdrop of continued uncertainty for businesses in all sectors as the potential outcome of Brexit rumbles on, the construction industry – like many others – is facing challenges

Recent data from some key indicators demonstrate that the sector is facing mounting pressures. According our latest Red Flag Alert data, nearly 62,000 construction firms were reported to be in ‘significant’ financial distress in Q4 2018. This is a rise of 4% compared to Q3 and shows an unwelcome reverse in fortunes.

This sentiment is also echoed in the most up-to-date activity figures released by the Markit UK Construction Total Activity Index. February 2019 saw a fall in business activity, the first reversal following a ten-month period of sustained expansion and the lowest recorded in the sector since September 2017, while March offered little recovery – the first back-to-back fall in output levels since August 2016. The primary reason cited by survey respondents was a lack of new contracts in the pipeline to replace completed projects – a sure sign of business hesitancy to commit to investment plans at a time of significant economic and political turmoil.

Brexit casts a shadow

But like many sectors, the construction industry is also subject to events outside its control that can influence short-term performance. Once a definite political path is decided upon and the cloud of Brexit-related uncertainty is lifted from the economy, it is likely that the recent worrying figures will be reversed and higher levels of activity should return once more.  You only have to look back and see how the sector rebounded in a positive fashion following the last economic downturn after the financial crash in 2008 to appreciate that the UK construction industry is ultimately robust.

One important outcome of Brexit will be the nature of any deal and how that affects the large amounts of export and import within UK construction.

Despite imports and exports of construction materials decreasing in Q4 2018 – according to the ONS – there is still a reliance on these materials to supply the sector. In the fourth quarter alone £4.1Bn of materials were imported and £1.7bn exported with four of the top five importers and exporters from the EU.

This means the industry will be on tenterhooks, watching to see the details of a post-Brexit deal with the EU. To avoid skyrocketing costs of importing that much material the industry will want a good, or quick trade deal. As well as there being many who see this as an opportunity to sell our skills, craft and materials to a wider market, there are those who fear a poor deal or a shortage with stocks running low – which has been demonstrated by widely reported stockpiling in the manufacturing industry. If this ‘worst case scenario’ happens and the building rate begins to crumble, it could put a housing market, which is already playing catch up to demand, much further behind and set it back years.

However, with intelligent developments in methods and technology there is still much cause for optimism as industry leaders look into the future.

Stronger foundations through faster more intelligent builds

The advent of new and emerging technologies and techniques will help to redefine and reshape the sector, moving it away from some of its traditional unproductive approaches. The growth in automated construction is already gaining traction as a radical new way of utilising digital tools and technologies that are prevalent in other sectors such as automotive, and applying them to the construction industry landscape.

Automated construction essentially uses modern manufacturing approaches in order to boost productivity and reduce waste levels, and is capable of bringing a new level of operational efficiency to many construction challenges. This greater efficiency with materials could be very welcome to reduce costs, increase margins or find more effective use of materials.

Standardisation of staple items for buildings such as stairs, windows and doors will also mean that building homes, hospitals or other buildings is much more cost effective. Add this to next generational interconnected digital tools and virtual and augmented reality tools, which are already widely used in a manufacturing environment, and the whole process becomes swifter and impacts the bottom line for companies in a positive manner.

Resilience to change, flexibility to flourish

With the Government looking to support and promote the future digitalisation of the UK’s industrial base, it is clear that like many other sectors, this industry is set to embark on its own digital journey.  It will be one that opens up new commercial opportunities, particularly for SMEs, who can begin to benefit from emerging technology trends such as automated construction models.

While the short-term outlook for the construction industry will be subject to outside factors that may well impact investment confidence, its position at the heart of any economy delivering essential products such as homes, transport, offices and commercial buildings mean that it will always hold an ability to bounce back from financially insecure times.

Fortunately, the UK construction sector doesn’t stand still. It is flexible enough to change its shape and adapt to the new market making it resilient to change. While the immediate days to come for the industry could be tough, the resilience of the sector and its willingness to investigate future technology could secure its long-term future and see it flourish once again.

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Huwebes, Mayo 30, 2019

New rules to allow NHS trusts to gain control over properties

Health Minister Stephen Hammond has announced new guidelines which will allow NHS trusts to purchase buildings on their estate.

Health Minister Stephen Hammond has announced that new guidance on NHS property ownership will allow NHS trusts and foundation trusts to apply for the transfer of ownership of properties on their estate. This is where the property on a trust’s estate belongs to NHS Property Services (NHSPS) and Community Health Partnerships (CHP).

Applications will be subject to approval by the Department of Health and Social Care. Applicant trusts will need to put forward business cases showing how owning the property will:

  • help them use their overall estate more efficiently
  • improve frontline services from existing buildings
  • enable faster decision-making on investment in new wards or patient facilities

Stephen Hammond, Health Minister, said: “Our Long Term Plan for the NHS sets out how we will ensure people get the most appropriate care in the most appropriate setting, and to achieve that we need to make the best use of our NHS estate.”

“This change will empower trusts to make decisions based on the needs of the local community and deliver faster improvements to frontline services for patients, all while getting the best value for money for taxpayers.”

“It will support trusts to invest in development and deliver the Long Term Plan ambition for more joined-up and coordinated care, backed by an extra £33.9 billion per year by 2023 to 2024 to secure the future of the health service.”

Following NHS reforms in 2013 and the end of primary care trusts, a large number of properties were passed to NHSPS and CHP to reduce running costs and release cash for reinvestment back into the NHS through the sale of surplus assets. The presumption that some of the property transferred to trusts in 2013 can automatically revert to NHSPS will also be removed.

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Bombardier wins contract for Egyptian monorail

UK train manufacturer Bombardier Transport has secured a €4.4billion contract for the construction and maintenance of the Egyptian monorail.

Bombardier Transportation has been named by the Egyptian Government as preferred bidder to build and operate a new Egyptian monorail system, including supplying rolling stock, to a new trainline in Cairo. This project was announced by the Secretary of State for International Trade and President of the Board of Trade, Dr Liam Fox during his visit to Egypt.

The monorail system is a 54km line connecting the New Administrative Capital with East Cairo and a 42km line connecting 6th October City with Giza. The project involves both the civil engineering of the monorail infrastructure, as well as manufacturing of the cars themselves, at Bombardier’s Derby facility in the UK for export to Egypt.

Dr Liam Fox said: “This is a strategically important project in a growing market like Egypt, demonstrating how UK manufacturing expertise is competing and winning in global markets against tough competition. The global headwinds are getting stronger and we face a world economic slowdown. But the UK now has an international economic department – the Department for International Trade – helping British business succeed abroad in ways that never happened before.”

“The British rail industry is world class. Derby has been making trains for 180 years, and this project shows that the Derby Litchurch Lane facility remains globally competitive.”

The bid is supported by UK Export Finance (UKEF). Bombardier will deliver the project in partnership with two Egyptian companies; Orascom Construction and the Arab Contractors.

The two monorail lines (New Administrative Capital and 6 October City) will be linking both cities with the current city of Cairo and will be able to transport around 45,000 passengers per hour in each direction when it reaches its ultimate capacity. The lines will have 70 train fleets (with 4 cars per train) to support the operations and can be expanded in the future to reach the ultimate capacity.

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Homes England funds 4,000 new homes with local authorities

Homes England has created a £55million fund with 12 local authorities to deliver 4,000 new homes.

The deal was made with 12 local authorities to provide new homes and supporting infrastructure around the sites. The Local Authority Accelerated Construction (LAAC) programme prioritises the use of modern methods of construction, which will increase the pace of delivery across the developments by an average of 40%.

The funding will be used to kick start the development of 4,000 new homes across England, including 1,400 at a 400-acre site at Horton Heath, Eastleigh. Eastleigh Borough Council purchased the site in 2018 and the development will benefit from £20.8million of LAAC funding to accelerate the delivery of a mix of one, two, three and four bedroom homes, including a minimum of 30% affordable housing.

Minister of State for Housing, Kit Malthouse MP, said: “We haven’t built enough homes in this country for far too long – and our accelerated construction programme is here to change that, and fast.”

“This £55 million funding boost will help councils get 4,000 new homes built across the country using the latest modern methods that cut down on construction time.”

“We must keep building more, better, faster to meet our ambition to building 300,000 homes a year by the mid-2020s.”

Homes England made the deal with local authorities in the North, East, South and West:

  • City of York Council, Gateshead Council, Newcastle City Council, Pendle Borough Council
  • Eastleigh Borough Council, Medway Council, Dorset Council
  • Leicestershire County Council, High Peak Borough Council, City of Lincoln Council
  • Borough Council of King’s Lynn & West Norfolk, South Norfolk Council

The first developments are due to start later this year using modern methods of construction. The funding will go towards construction and preparation work such as infrastructure enabling works, planning and technical expertise, and site remediation.

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Miyerkules, Mayo 29, 2019

Housing development approved by Edinburgh Council

A new housing development for Edinburgh providing hundreds of homes, including affordable properties, has been approved by the local Council.

Plans for a new housing development in Edinburgh have been given the go-ahead by Councillors at a hearing on the 22nd May. The 655-home development at Cammo Estate is a consortium project by CALA Homes and David Wilson Homes and includes 164 much-needed affordable homes.

The development will provide a unique mix of 1, 2 and 3 bedroom apartments, terraced homes, colonies as well as detached family homes. A key component of the site is the extent of publicly accessible green space – which totals over a third of the entire development and includes linear parks, a seven-hectare park, and over 700 new specimen trees.

A spokesperson on behalf of the consortium, said: “We must thank the local community first and foremost for engaging with us throughout, helping us to shape the final proposals which have evolved over the past two years. We fully understand how important the junctions at Maybury and Barnton are and traffic was a key concern for many people at the outset.”

“We feel the improvements made through Planning Gain contributions will benefit the wider community and those commuting in or out the city. Following yesterday’s decision our focus now turns to assisting the City of Edinburgh Council to ensure a timely delivery of these improvements.”

“At the heart of the design solution has been the delivery of an outstanding landscape environment along with significant investment to improve public transport, education and health care and the delivery of an excellent pedestrian and cycle network.”

“Within the development site we will deliver new bus infrastructure in addition to making contributions to public transport connections to the site. In addition, there is an exceptionally wide range of homes that will help to ease the supply shortfall that features throughout the market.”

As part of the 655 homes, 25% of the development units will be of affordable tenure delivered with a Registered Social Landlord partner; comprising a range of 1, 2 and 3 bedroom apartments and terraced homes. The affordable housing will commence as part of the initial phase of development.

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Tidal flood defence upgrade planned for Great Yarmouth

A £40million investment will create a 4,000m tidal flood defence wall to protect properties in Great Yarmouth.

The work will see 46 tidal flood defences refurbished at several locations across the town using an innovative technique should expected to extend their lifespan by up to 30 years. It follows on from the initial five-year phase of work which included the use of a specialised dam, known as a limpet dam, to inspect and repair the steel sheet piles that form the flood walls in a dry environment that would otherwise be underwater.

Funding is now in place for the next phase of the multi-partner project, which is being led by the Environment Agency and due to start later this year. The £40.3 million investment, plus £6.2 million for ongoing maintenance, has come from a range of sources including £32.4 million provided by the central government.

Sir James Bevan, Chief Executive of the Environment Agency said: “We have worked very closely with our partners to enable this important project to go ahead. The upgraded defences will ensure that the flood defences in Great Yarmouth provide the best standard of protection to the local community for many decades to come.”

“We are currently consulting on our Flood and Coastal Erosion Risk Management Strategy and this project is a perfect example of some of the ways in which, by working together, we can make communities more resilient for the future.”

Norfolk County Council and Great Yarmouth Borough Council have also contributed towards the project and local quayside businesses are supporting through contributions and the provision of compound space. Preliminary work for this new phase of improvements began in February.

A public drop-in event is being held on 13 June 2019 at the Kingsgate Community Church, Kings Centre, 30 Queen Anne’s Road, Great Yarmouth, NR31 0LE. The session, which runs from 2 pm and 7 pm, will offer people the chance to find out more about the project and the partners involved

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Highways England submits highway improvement scheme

Highways England has submitted a highway improvement scheme to be assessed by The Planning Inspectorate.

The Planning Inspectorate has accepted for examination, an application by Highways England for proposed highway improvement to three existing roundabout junctions on the A38/A5111 Derby (Kingsway Junction). The application was submitted on 23 April 2019 and the decision to accept the application was made in accordance with section 55 of the Planning Act 2008 (as amended).

The legislation allows 28 days from the day after the date of receipt of an application for the Planning Inspectorate to decide whether or not to accept it. It is now for Highways Agency A38 Derby Junction project team to publicise the fact that its application has been accepted to proceed to examination and invite people who are interested in the proposal to register with the Planning Inspectorate as an Interested Party by making a Relevant Representation.

Sarah Richards, Chief Executive of The Planning Inspectorate said: “We have considered very carefully the application submitted by Highways England and decided that it meets the required tests set out in the legislation to be accepted for examination.”

“Of course, this does not mean that consent has been given for the project to go ahead – acceptance of the application simply means that the Examining Authority can begin to make arrangements for the formal examination of the application.”

Interested Parties in an application can:

  • Say what they agree or disagree with in the application and why
  • Comment on what other people have said in their representations
  • Attend the preliminary meeting and say how they think the application should be examined
  • Request that an open floor hearing is held
  • Attend an open floor or issue-specific hearing
  • Request to speak at a hearing.

The decision and a copy of the application documents can be viewed at the A30 Derby Junctions project page on the Inspectorate’s National Infrastructure Planning website; https://infrastructure.planninginspectorate.gov.uk/projects/East%20Midlands/A38-Derby-Junctions/.

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Martes, Mayo 28, 2019

Housing projects supported by Building Scotland Fund

Thousands of new homes and jobs have been supported by the Building Scotland fund since it was formed, according to new data.

Almost £70 million has been invested in housing projects through the Building Scotland Fund (BSF) since its launch last year. This money has supported the development of 5,500 new homes and around 600 full-time jobs.

The BSF, which is a precursor to the Scottish National Investment Bank, provides loans to support the delivery of homes both for sale and for rent, the most recent loan was made to Stewart Milne Homes, helping the business deliver more than 300 properties. The £12 million, provided at a commercial rate, is helping to fund construction activity across three sites in Renfrewshire and the Lothians.

Communities Secretary Aileen Campbell said: “I am delighted to see the Building Scotland Fund supporting these four very diverse housing firms.”

“As we support the continued growth of the Scottish economy, it is important we help smaller builders enter the industry and take on new developments.”

“The SME sector provides local employment and enables development on smaller sites which may not be taken on by larger firms.”

This new investment is in addition to a recent loan of £30 million to Sigma Capital Group last month, for up to 1,800 professionally managed family homes for rent. A further £26.8 million loan was made to Winchburgh Developments for the development of 3,450 houses.

The BSF also supports Small and Medium-sized Enterprises (SME) to help them overcome barriers to accessing development funding. The first SME to benefit is VKRR Investments.

Their loan of £634,660 will enable them to convert an office building in Falkirk into five new homes for sale. Funding is only available up to March 2021 with loans given out as equity finance, mostly on projects at a later stage of construction

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Better access to high quality apprenticeships

New moves will see high quality apprenticeships available to all businesses, regardless of whether they pay the Apprenticeship Levy or not.

Every apprenticeship employer in England will soon have access to the full benefits of the Education and Skills Funding Agency’s (ESFA) award winning apprenticeship service. With the first employers and providers commencing their use from Summer 2019.

Currently, only apprenticeship levy-paying employers – those with an annual total pay bill of over £3M – or those in receipt of a transfer of apprenticeship funds – are able to use the full benefits that the apprenticeship service brings.

Whilst all other employers (those who do not pay the levy) have had access to some of the functions, such as find an apprenticeship, the ESFA is opening up the apprenticeship service to employers of all size, regardless of whether they pay the levy or not. This will provide employers with the choice over how they want to control the use of apprenticeships and make them work for their business.

Over the course of the next year, all employers will be able to control how they pay for their apprenticeship training, and assess and recruit their apprentices. They will also have access to a larger pool of training providers to deliver more relevant training for them.

Eileen Milner, ESFA Chief Executive said: “Moving non-levy employers onto the apprenticeship service will give small and medium sized businesses a greater choice of quality training providers, and the opportunity to have more control over apprenticeship training decisions for their business.

“Employers understand the needs of their sector and know better than anyone about how best to use their apprenticeship funding.

“By working with smaller employers, the ESFA will get insight into the skills needs of a wider range of businesses which will help us to remove barriers employers have when recruiting an apprentice.”

During the transition period, the ESFA will invite non-levy employers to the apprenticeship service for user testing. The ESFA will test the service with a selection of employers and partnered providers through an Expressions of Interest (EOI) phase.

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Court of Appeal considers the issues of practical completion.

CASE UPDATE: Mears Limited v Costplan Services (South East) Limited and Others [2019]

A provider of student housing Mears Limited (“Mears”) in May 2016, entered into an Agreement for Lease (“AFL”), which provided for Mears to take a 21 year lease with the landlord, Plymouth (Notte Street) Limited (“PNS”) and the developer, J.R. Pickstock Limited (“Pickstock”). The AFL was for two blocks of student accommodation.

Mears contracted with PSN to take a long lease, which would complete within five days of practical completion of the two blocks of accommodation; there was a long stop date of 11 September 2018 so if practical completion did not occur by this date then Mears would be entitled to terminate the lease under the AFL.

PNS engaged with Pickstock to design and construct the development under a JCT Design and Build Contract dated 27 May 2016. On 25 November 2016, PNS appointed Costplan Services (South East) Limited (“Costplan”) to act as its agent in respect of the construction of the development.

The Dispute

Clause 6.2.1 of the AFL prevented PNS from making any variations to be building works which would materially affect the size of the rooms. Any reduction of more than 3% from that stipulated in the contractual drawings was deemed to be material.
In May 2018 a number of issues were raised by Mears, in respect of the works that had not been completed and the quality of those already completed, in particular regarding the size of the rooms which were smaller than the AFL contractually permitted. The alleged breaches were in respect of clause 6.2 and 6.2.1 of the AFL which provided that:

  • “6.2. The Landlord shall not make any variations to the Landlord’s Works or Building Documents which:
    6.2.1. materially affect the size (and a reduction of more than 3% of the size of any distinct area shown upon the Building Documents shall be deemed material), layout or appearance of the Property”

Mears served a defect notice under the AFL on 4 May 2018 and alleged one of the student residences, had been built more than 3% smaller than the contractual drawings, constituting a breach of clause 6.2.1. Mears argued they were entitled to terminate the lease due to the breach, as they would be unable to obtain a certificate of practical completion, which resulted in a material and substantial breach of the AFL. Mears stated that as the size of the rooms could not be increased therefore the breach could not be remedied.

Decision in the First Instance

There were 56 rooms discovered by Waksman J sitting in the TCC, which were built more than 3% less than that specified in the contractual drawings, but despite this Waksman J refused to grant declarations that failure to meet the criteria set out in the AFL is a material and substantial breach, a breach of clause 6.2.1 that would entitle the AFL to be terminated by Mears or the breaches would prohibited practical completion. Waksman J indicated each case is to be based on its own merits; otherwise the slightest defect in any contract could be seen as a cause for termination – an approach that is not commercially viable in any market. Any party who is unable to terminate an AFL that contained minor, but irremediable defects would at least be mitigated by the fact they would be entitled to damages for the breach.

Mears appealed in the Court of Appeal, contesting that any departure from the wording at clause 6.2.1 should be deemed to be a material breach.

Decision in the Court of Appeal

Coulson LJ in the Court of Appeal, dismissed Mears’ appeal from Waksman J’s decision in December 2018. The Court of Appeal last considered practical completion in 1969 (Jarvis & Sons Ltd v Westminster Corporation), so this was the first time in 50 years the Court of Appeal considered the meaning of practical completion. Coulson LJ agreed that parties could contractually stipulate whether breach of a particular clause amounted to a substantial or material breach of contract, he held that failure to construct the rooms at the correct size, no matter the reason or how trivial, the difference was a material and substantial breach of the AFL.

It should also be recognised that without any expressed definition in the contract, practical completion in the first instance is to be defined by the certifier, Costplan in this case were the certifier and they thought the 3% variation was trivial, whether or not the view was correct, Coulson J mentioned that this was not a topic to be discussed as part of this appeal. Coulson J held that whether the property could be used for its intended us and be habitable by students does not mean practical completion has occurred. A patent defect to the property regarded as trivial cannot prevent practical completion whether or not capable of repair, however if the defect is considered to be more than trivial, whether or not it is capable of remedy then it will prevent practical completion. Mears did consider the defects to be more than trivial, as there were 56 separate failures where the rooms were 3% too small, which when broken down creates 56 potential breaches under the AFL.

Coulson J had to consider whether or not the issues are capable of remedy and it came down to the measure of loss incurred, not to practical completion and whether a certificate could be issued finalising the works.

The appeal was dismissed and Wakeman J’s decision in the first instance was affirmed by the decision in the Court of Appeal. Coulson J provided a reminder of the distinction between materiality of how serious a breach of contract is and materiality of the extent of variation in the works from the construction drawings and reiterated that “the fact the defects in question may be incapable of economic repair was irrelevant to the question of practical completion”; as previously decided in the first instance by Wakeman J.

Conclusion

It would seem that there is no clear rule to determine practical completion and it is something that is easier to recognise than define. The mere fact that a defect is not capable of being repaired, does not automatically prevent practical completion.
Clause 6.2.1 of the AFL deemed that a reduction in size greater than 3% would be a material variation. This is relevant because as can be seen from clause 6.2, PNS as landlord were prohibited from making variations from the construction drawings. The ability to establish a variation to the AFL was seen as a pre-condition before a breach of contract, providing a mechanism for parties to ensure there was a consensus between the parties when a change could be categorised as a variation. On reading clause 6.2.1, the reference to variation is clearly referring to variation on the size of the property and not the consequence of a breach.

Despite the outcome of this case it is important to recognise that any case in respect of the subject of practical completion will continue to be assessed on a case by case basis and therefore has the potential for continued uncertainly on the topic and a number of disputes in the construction industry.

Article submitted by Mark James, Partner – Dispute Resolution, Coffin Mew.

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Lunes, Mayo 27, 2019

Green space and park planned for Mayfield in Manchester

The Mayfield area of Manchester will be regenerated and transformed into a public space and park in a £1.1billion renovation.

The project will be taken on by the Mayfield Partnership, which includes LCR, Manchester City Council, Transport for Greater Manchester and regeneration specialist U+I and its plan is to create, over the next decade, a mixed-use community and the first major park in the Manchester City centre in 100 years. The community will feature office space, homes, leisure facilities, event space, bars and restaurants all centred around the park near Piccadilly.

Also included in the first phase of planning applications is an eight-storey commercial office development of 90,000 sq ft and a multi-storey car park on Baring Street with circa 550 spaces made up of standard and electric charging point bays with flexibility built-in to alter the quantities of each or repurpose the structure when car requirements dwindle. Public consultations have been held to allow for feedback with work set to begin later this year.

James Heather, Development Director at U+I, said: “At the heart of our vision is the creation of a world class and socially inclusive neighbourhood which will attract businesses, residents and visitors, all drawn by the quality and vibrancy of the environment we are creating.”

“We look forward to sharing our detailed proposals with the people of Manchester in May this year and I know from the conversations I have had with many people over the last two years there is a great deal of excitement about what Mayfield will deliver for our city.”

Centred around the River Medlock the majority of the park and public realm will, subject to consent, be delivered in the first phase. The vision is to create significant managed open space, regenerated riverbanks, and a haven for nature.

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The next generation of engineering

The 2018 Engineering UK State of Engineering report states that the engineering industry employs over 5.6 million people in the UK. However, the report also highlights an annual shortfall of up to 59,000 engineering graduates and technicians to fill core engineering roles, which could lead to issues in the future. Here, Vinnie Edge, international operations manager at engineering solutions provider, Boulting Ltd, explores what can be done to secure the future of engineering.

The State of Engineering 2018 report commented that 39% of engineering employers in the UK struggle to find candidates with any workplace experience. The ongoing and increasing skills gap across the industry could lead to this figure increasing over the coming years, particularly in heavy industry sectors, such as mining, steel and chemical.

Throughout the 1990s there was a big focus on emerging IT and dot-com technologies. This resulted in an influx of graduates with skills in these areas, yet it also means that more traditional, heavy industry and blue-chip companies are now struggling to recruit.

To combat this, the government, educators and those across the industry must try to attract new talent into the sector. By promoting and expanding the opportunities for personal development and job satisfaction, students and graduates may be more likely to pursue a career in engineering.

Regardless of whether the skills gap is addressed, meaning employees can recruit more staff to the sector, it is already clear that the future role of the engineer will be significantly different to what it is today.

Technology trends

While the developments in technology will have an impact on the engineering industry, it is inevitable that these changes will also impact the role of the engineer. Engineers will become more interdisciplinary, with skills spanning multiple sectors becoming the expected standard for many employers.

For instance, the rise of remote monitoring and working will mean that engineering teams are able to work closely across multiple nations while having access to an increased level of information and data. Augmented reality (AR) and virtual reality (VR) technology will also mean that expert teams won’t need to travel to their project site as instructions can be provided to onsite staff with remote support and guidance.

Engineering is a diverse industry that is investing in Industry 4.0 technology to help combat industry challenges. Some of these applications build upon existing consumer technologies, like the introduction of tablets and mobile devices as a method of on-the-go tracking and monitoring is changing the way industry manages its people and facilities.

The apprentice advantage

Despite these advancements in the ease of information gathering, the insight and understanding of data and knowledge sharing opportunities, there is still the issue of attracting new employees to the industry in the first place.

More focus should be given on the value of apprenticeship schemes and the opportunities they provide to both employee and employer. The opportunities to increase the breadth of experience gained in an apprenticeship is only set to grow further as industries like nuclear and renewable energies continue to receive investment.

Driven by desire

Engaging with students at high school and college level, incorporating them into your business through apprenticeships and work placement programmes has the potential to be meaningful.

The time is now to buck the trend of skilled engineer shortfalls and those already in the industry must support and inspire the next generation of engineers to keep the profession alive.

Boulting Ltd has a dedicated apprenticeship, graduate and trainee scheme which provides the opportunity to work alongside experienced engineers to unleash talent in technically stimulating environments across a wide range of engineering services, industries and sectors. To find out more about Boulting’s opportunities visit the website: https://www.boulting.co.uk/careers/apprenticeships-graduates-and-trainees

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Biyernes, Mayo 24, 2019

Five ways the skills shortage in construction can be resolved

Ten years ago, those with practical skills in the construction industry were leaving in droves because of the global downturn – and in many instances also leaving the country. Sarah Wilson, Head of Construction at Shulmans LLP, discusses the problem.

Now, ten years on, we are bemoaning a skills shortage and the resulting salary increases (which is tough when profitability in the construction sector is low.) It is not uncommon to hear stories of vans arriving at construction sites to entice workers to different sites with promises of more money. Consequently, this has a knock-on effect on both progress and productivity on site.

These are not simple issues to fix, but my five suggestions to resolve this issue of attracting, developing and retaining talent in construction industry are:

1. A diverse workforce

Statistics show that a diverse workforce has a double benefit in resolving a skills shortage by improving productivity and reducing staff turnover, which is a win/win for business.

2. Apprenticeships

In my opinion, switched-on students are now opting to avoid student debt and get a wider education than they would through a traditional degree course via an apprenticeship. Again, this is a double win, as it also means the businesses can mould and train apprentices and avoid the problem of new recruits not arriving at work ‘job ready’.

3. Valuing practical skills

For many years now, huge emphasis has been placed on degree courses, many of which lead to low paid, unfulfilling work. However, practical skills seem to be under-valued. It’s often claimed that certain generations cannot do basic practical tasks such as wiring a plug or changing a light bulb. As the natural supply of practical skills is reducing, demand must increase. This will hopefully result in practical skills being more valued, taught across schools and colleges and the industry will attract more school leavers as a result.

4. A better understanding of the construction industry

A lot of work is being done by construction companies to encourage people into the industry. However, the fact remains that most school children know very little about construction and the bad press it sometimes receives does not help.

The best kept secret is that the construction industry has many benefits; it is well paid, has good opportunities for promotion, a wide variety of jobs and the teamwork is incredible! Construction is an exciting and rewarding career choice and the people I speak to have a huge sense of satisfaction in the projects they have been involved in.

5. And if all else fails…

Being such a large sector is a major benefit as there is something for everyone in construction!

For years, I have been advocating a slick, stylised television drama based on the construction industry. How could it not encourage people into the sector?

As is often the case, there is no easy solution and some fantastic work is already being done by construction companies, professionals, schools and colleges to promote careers in the industry.

 

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UK House Price Index for March released

The UK House Price Index for March 2019 has been released showing an annual price rise of 1.4%.

The UK House Price Index (HPI) shows that on average prices have fallen by 0.2% since February of this year and the average UK home is now valued at £226,798. House price growth was strongest in Yorkshire and The Humber where prices increased by 3.6% in the year to March 2019, followed by Northern Ireland, increasing by 3.5% over the year to Quarter 1 (Jan to Mar) 2019.

The lowest annual growth was in London, where prices fell by 1.9% over the year to March 2019, up from a fall of 2.7% in February 2019. Wales shows, on average, house prices have not changed since February 2019 with an annual price rise of 3.0% taking the average property value to £158,696.

Between October and December of last year there were 263,377 sales with the following average prices:

  • England was £150,000 to £174,999 – 18,272 properties were purchased
  • Northern Ireland was £125,000 to £149,999 – 1,141 properties were purchased
  • Scotland was £75,000 to £99,999 – 3,228 properties were purchased
  • Wales was £125,000 to £149,999 – 1,898 properties were purchased.

The Royal Institution of Chartered Surveyors’ (RICS) March 2019 UK Residential Market Survey results show that demand (new buyer enquiries) fell for the eighth consecutive month with a continued decline in new instructions also reported. The Bank of England’s Money and Credit release showed that mortgage approvals for house purchase (an indicator of future lending) fell by around 3,000 in March 2019, to 62,300.

The UK Property Transactions Statistics for March 2019 showed that on a seasonally adjusted basis, the number of transactions on residential properties with a value of £40,000 or greater was 101,830, 6.9% higher than a year ago. Between February 2019 and March 2019, transactions increased by 1.4%.

The lowest number of repossession sales in January 2019 was in the East of England and the highest number was in the North West, with 40 sales in total in Wales. Transactions included in the HPI analysis are consistent with those published in the UK House Price Index on 22 May 2019 and the information will be updated when more transaction data is included in the index.

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McAvoy secures CCS contract

Modular building provider, McAvoy Group, has secured four contracts with Crown Commercial Services (CCS) on its £500M Modular Building Solutions framework.

The contract win comes as part of the government’s commitment to use Modern Methods of Construction and, in particular, modular solutions for its estate.

Under the new agreement, McAvoy has secured the opportunity to provide bespoke modular buildings and interim hire facilities with a particular focus on education and healthcare. The framework also covers public buildings such as facilities for the emergency services, MOD, community centres, offices, care homes, student accommodation and other residential schemes. It will operate for the next four years and covers England, Scotland, Wales and Northern Ireland.

This is the fourth consecutive CCS framework that McAvoy has been awarded and it follows a rigorous independent assessment process.

The Group was successful in winning a number of major free school projects under the previous CCS modular building contract which were built offsite, including the award-winning £20m Lynch Hill Enterprise Academy in Slough and Goresbrook School in London – an £18M all-through school taking children from nursery to sixth form.

Commenting on this latest framework appointment, Eugene Lynch, Chief Executive of The McAvoy Group, said, “Long-term frameworks are very important to our business and are a major source of new contracts, helping us to continue to grow sustainably. We look forward to working with CCS over the next four years.”

“The advantages of offsite construction for new public sector facilities are proven and clear. We can reduce the build programmes by up to 50% for earlier occupation and offer significant quality improvements. Our approach also provides much greater certainty of delivery on time and on budget. These factors are very important for all public sector clients – from schools and hospitals to the emergency services, universities and local authorities.”

CCS plays an important role in helping the UK public sector save money when buying common goods and services. It uses its commercial expertise to help buyers in central government and across the wider public sector to save time and reduce the cost of procurement.

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Huwebes, Mayo 23, 2019

Heritage fund created for high streets

Culture Secretary Jeremy Wright has promised a £62M heritage fund to preserve historic high street buildings.

The heritage fund will be used to repair disused buildings and transform them into creative spaces, offices, shops, and housing. This forms part of the secretary’s plan to adapt historic high streets to changing spending habits.

The government’s plan for reviving high streets was announced in last year’s budget and included a £675M future high streets fund. The funding comes alongside other programmes such as the plan to regenerate parts of Coventry ahead of its 2021 City of Culture year.

Jeremy Wright said: “Our heritage makes communities more attractive places to live, work and visit.”

“This £62M investment will breathe new life into high streets right across the country, benefiting local people and businesses, as well as providing assistance to much-loved historic buildings.”

“It is right that we do all we can to not only protect our heritage, but make it work for modern life so it can be enjoyed by as many people as possible.”

The £62M funding will include:

  • £44M of government and Historic England funding to create dozens of High Streets Heritage Action Zones overseen by Historic England.
  • £3M from the National Lottery Heritage Fund to support a cultural programme to engage people in the life and history of their high streets.
  • £15M for the Architectural Heritage Fund to support social enterprise organisations.

The funding builds on the success of projects in Margate, Grantham, and Derby where the redevelopment of Derby Cathedral Quarter brought nearly 100 properties and more than 2,700sq m of commercial floor space back into use through Historic England’s Partnership Scheme in Conservation Areas. There are currently 18 Heritage Action Zones across England and it is expected that this new funding will see the creation of 40 – 50 more.

The Historic England funding will allow councils and other local authorities to access expert advice on reviving historic buildings and adapting high streets for the future. Many locations across the UK will benefit from the funding which the government hopes will help struggling high streets are an attractive place to visit even as more people shop online.

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Plans revealed for London regeneration project

The first plans have been submitted by Havering Council and Wates Residential for a regeneration project in London.

The regeneration project focuses on a new housing development at Napier and New Plymouth. The site is one of 12 in the borough which will generate 3,000 new homes over the next 15 years.

The project aims to increase the number of council-rented homes and provide affordable housing to residents. The Napier and New Plymouth site plans include 126 affordable family homes and 71 for private sale.

Councillor Damian White, Leader of Havering Council, said: “After months in the planning, it is exciting to see us entering the next phase in our ambitious regeneration programme.”

“This project will provide much-needed quality, affordable homes for local people in our special borough. It will leave behind a legacy of skills, training, jobs and aspiration which goes far beyond just bricks and mortar.”

The plans for the site include large green spaces and recreational areas. There is also an emphasis on creating spaces for wildlife, with trees, bat boxes, and plants to encourage bee populations.

The plans were formed around feedback given at public consultations and the project is also providing a training programme to teach residents business skills. Havering Council and Wates Residential have emphasised their commitment to investing in the local area, including providing training and skills and employing local SMEs to work on the development.

Local firm Kilnbridge Construction Services has been awarded the contracts for demolition of Napier and New Plymouth Houses and a two-storey car park on Dunedin Road. The demolition work will run alongside the decision-making process, where Havering Council will assess the plans for the site.

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Department for Transport announces investment in Northern green transport

An investment of over £600M has been announced to provide low-carbon green transport for the North to fight transport emissions.

The investment will increase green transport infrastructure in the region and encourage people to use electric and hybrid cars. The money will also go towards low-carbon public transport and cycling routes.

The funding will provide around 100 low-carbon buses, charge points for electric bikes, and an e-cargo bike fund to encourage businesses to use greener vehicles for deliveries. Councils and businesses are encouraged to apply for funding to add to the money already invested by the government.

Chris Grayling, Transport Secretary, said: “We’re determined to make our transport greener than ever, and through the Transforming Cities Fund and investment in improving electric vehicle infrastructure, we’re making great strides in achieving that across the region.”

“But local authorities and businesses have a key role to play if we want to accelerate the use of low-carbon transport and clean up our air. I urge them to take advantage of the funding available as we move together towards a zero-emission future – and to a Green Northern Powerhouse.”

The Transforming Cities fund has already invested £576M across the North, which has gone towards electric taxi charge points and ultra-low-carbon buses. It is hoped the fund will address air quality in cities and encourage the use of electric vehicles.

Funding is available for environmentally sound transport schemes including:

  • on-street residential ChargePoint Scheme (£2.5M)
  • Future Mobility Zones Fund (£70M)
  • e-cargo bike grant fund (£2M)
  • Workplace Charging Scheme (£500 per ChargePoint socket and £10,000 per business)
  • Electric Vehicle Homecharge Scheme (£500 per ChargePoint socket).

Local authorities are encouraged to apply for funding, with two organisations so far applying for ChargePoint funding. The government published a strategy last year to reduce carbon emissions from vehicles to zero within the next 20 years, eliminating diesel and petrol vehicles completely.

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Government releases advice on British Steel collapse

The government has released advice for employees and customers on how they will be affected by the British Steel collapse.

The information covers how trading, employment, and production will work in the face of the British Steel collapse. British Steel Ltd was ordered into compulsory liquidation by the High Court and appointed the Official Receiver as liquidator.

The Official Liquidator will be assisted by Hunter Kelly, Alan Hudson, and Sam Woodward of the EY acting as Special Managers. They will keep employees and customers informed of any changes.

A statement from the Official Reciever reads: “The immediate priority following my appointment as liquidator of British Steel is to continue safe operation of the site. I appreciate that this a difficult time for the company’s employees and I want to thank them for their ongoing cooperation.”

“The company in liquidation is continuing to trade and supply its customers while I consider options for the business. Staff have been paid and will continue to be employed. The court also appointed Special Managers to assist me with my work and they are engaging with staff and their representatives to keep them informed, as well as contacting British Steel’s customers.”

Staff will continue to be employed while the company is in liquidation. A staff helpline has been created (0161 333 2666) and special managers will keep staff informed of any changes during the process.

Trading will also continue during the liquidation process and special managers are contacting customers with any updates. Businesses that have worked with British steel or supplied goods are also being contacted to keep them updated on the company.

An email alert has been set up so those interested can receive the latest information about the liquidation of the company. New information will also be published on the UK government website.

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Miyerkules, Mayo 22, 2019

Garden community planned for Exeter

The Minister of State for Housing has announced plans for a garden community in Greater Exeter with 20,000 new homes.

Kit Malthouse MP announced £75,000 of government funding to develop the garden community, including project teams, major planning, and studies to predict the impact of increased housing. The development is being worked on by Exeter City Council, East Devon Council and Teignbridge District Council and it is expected that the homes will be complete by 2040.

The development will join 28 existing garden communities in the area which are currently being supported by the government. The government is promising high-quality homes in a picturesque area that will help revive the local community.

The Minister of State for Housing Kit Malthouse MP said: “This is fantastic news for Exeter and the surrounding area.”

“We are making an urgent push to build more, better, faster, and it is good to see the authorities working together to plan 20,000 much-needed properties built in Devon.”

“This project is the next latest step towards meeting our aim of building 300,000 homes a year by the mid-2020s, in the areas where people need them the most.”

The development is part of a deal to provide housing for the South West, which forms part of the government’s plan to provide new housing across the country. The government is also aiming for sustainable and affordable homes to ensure more young people can enter the property market and that housing is fit for the future.

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Upgrades revealed for trans-Pennine route

Transport Secretary Chris Grayling has revealed options for a £1Bn upgrade for the A66 trans-Pennine road.

The trans-Pennine road which links Cumbria with the East of England will receive an upgrade including new dual carriageways and bypasses. Highways England is developing further options for upgrades to benefit both motorists and freight delivery.

Public consultations are being held to allow members of the public to offer feedback on the proposals. The options include:

  • Allowing through traffic from the M6 or the northeast
  • Dualling the existing three-mile section between Penrith and Temple Sowerby and adding a new junction and bypass
  • A new bypass north or south of Kirkby Thore and north of Crackenthorpe
  • Providing an upgrade of the five-mile single carriageway between Appleby and Brough
  • Re-designing and improving the junction with the A67 at Bowes
  • Dualling the existing road between Cross Lane and Rookley with options for a short bypass at the eastern end of the 1.8-mile section
  • Similarly, dualling the existing four-mile section between Stephen Bank and Carkin Moor but with options for additional short bypasses.

Highways England chief executive Jim O’Sullivan said: “The A66 connects businesses, communities and families across the north of England, and this highly anticipated upgrade is great news for the local, and regional economies and will improve the national road network.”

“We’re pleased to be going out to the local community to consult on the options for the scheme. I would like to thank all our local partners who have supported us to get the project to this stage and I would encourage everyone with an interest in the scheme to get involved with this consultation.”

Consultations will also allow for feedback on how the options will impact local areas, including cycling and walking routes. Further consultations will be taking place with more information available at www.highwaysengland.co.uk/A66TransPennine.

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Martes, Mayo 21, 2019

New light rail system planned for Cork

A €3.5Bn transport plan for Cork will include a light rail system that connects the city as well as bus lanes and railway stations.

A €1Bn light rail system between Ballincollig and Mahon Point via the city centre, as well as eight new railway stations and 100km of bus lanes, are contained in a radical new transport plan for Cork. The Cork Metropolitan Area Transport Strategy 2040 promises enhanced transport and was created by Cork City Council, Cork County Council, and Transport Infrastructure Ireland.

The plan includes:

  • A high-frequency east-west bus corridor, as a precursor to a Luas-like system, and a north-south corridor, with a link to Cork Airport, as well as six strategic park-and-ride sites;
  • New commuter rail stations at Blarney/Stoneview, Monard, and Blackpool/Kilbarry, on the Mallow line and at Tivoli, Dunkettle, Ballynoe, Carrigtwohill West and Water Rock, on the Cobh/Midleton line, and upgrades to stations in Cork, Cobh, and Mallow;
  • The electrification of the suburban rail network in Cork and the addition of 10km of dual track between Cobh Junction and Midleton, as part of a €274M investment in rail services;
  • 100km of new bus lanes added to the existing 14km, under the NTA’s €545m Bus Connects plan.

A spokesperson from the National Transport Authority said: “This demand needs to be managed and planned for carefully to safeguard and enhance Cork’s attractiveness to live, work, visit, and invest in.

It is hoped the plan will create employment and generate new housing in Tivoli and the City Docks. The light rail system connecting Ballincollig and Mahon Point, via St Patrick’s St and Kent Station, will have 25 stops and Trams could carry 46m passengers per year, with journey times of 27 minutes from Ballincollig to the city centre.

Despite the emphasis on public transport, €1.4Bn will be spent on road projects, including the Dunkettle interchange upgrade, the M28 motorway to Ringaskiddy, the Cork North Ring Road, and upgrade of the South Ring Road. The NTA says Cork will be the fastest-growing city-region in Ireland, with a projected 50%-60% increase in its population by 2040.

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Greater diversity needed to secure future health of the rail industry

From designing to engineering to construction to driving, the rail sector needs to change. DfT minister Nusrat Ghani urged the rail industry to improve its environment to enable women to thrive.

The comments came at the annual Women in Rail dinner, where Ghani set out key changes needed to improve diversity and in turn the health of the industry.

The Minister called for women to have access to the fulfilling jobs, pay and progression offered by the rail industry.

Speaking at the Rail awards’ ceremony she made clear statistics which suggest women only make up 5% of train drivers show much more needs to be done if we want to make the best use of available talent and achieve our country’s ambitions.

With the industry needing 50,000 extra employees by 2033, Minister Ghani called for culture-change to create more diverse teams in response to this gap. And with research showing diverse team drive success, she made clear improved diversity is fundamental to the future health of the industry.

In her speech, the minister set out the steps companies and the industry can take, including considering more developed flexible working practices and placing a greater emphasis of retaining talent from under-represented groups.

Transport Minister Nusrat Ghani said: “The rail industry isn’t yet doing enough: from designing to engineering to construction to driving, the rail sector needs to change.

“Just 5% of train drivers are female. Decades behind other industries. By not delivering enough opportunities for women, the industry is letting Britain down by not ensuring the broadest talent is working on our network.

“We need to nurture and embrace talent from everywhere, ensuring that the brilliant women working in rail now are joined by even more, for no industry or country can reach its full potential if it only recruits from a fraction of talent on offer.

“Ensuring that the broadest talent is available to the industry will form part of the Williams Review commissioned by the Secretary of State but the industry needs to step up ahead of that. There are pockets of good practice and some great work but it’s time for a step-change and the whole industry to step out of the 1950s into the 21st century.”

The call to action follows government commitment to boost diversity in the sector by increasing the proportion of women taking up technical and engineering apprenticeships to at least 20% by 2020.

This is alongside industry efforts, with the employer led Strategic Transport Apprenticeship Taskforce committing to improving under-represented groups taking apprenticeships in the transport sector.

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Conference to unveil world-leading infrastructure data analysis and research tool

With Climate change impacting our nation, it is now more important than ever to understand how we can better prepare the UK for extreme events. On 10th June DAFNI, the National Platform that will provide the UK with infrastructure data analysis and previously unseen levels of computer performance providing greater insights to inform policy decisions and therefore lead the world in our ability to prepare for these extreme events – will be unveiled.

“With increasing pressure on budgets and lack of certainty regarding the effects of extreme events, it is essential to understand more comprehensively the impact of investments into our nation’s economic infrastructure. Making the right choices about planning and investing in infrastructure is critical to the UK’s prosperity and quality of life,” says Samuel Charlton, DAFNI project lead.

Landmark development for infrastructure and investment in future resilience

“The launch of the DAFNI system represents a monumental milestone in developing the UK’s Data and Analytics Facility for National Infrastructure. The team at STFC, based at the Rutherford Appleton Laboratory in Harwell, have been working extraordinarily hard for the last two years to get us to this point of having working version of DAFNI which really demonstrates the transformative potential of infrastructure data, modelling and simulation.” Professor Jim Hall, Director of ITRC.

DAFNI is the Data & Analytics Facility for National Infrastructure to advance UK infrastructure research, is funded by an £8M investment from the UK Collaboratorium for Research on Infrastructure and Cities (UKCRIC). DAFNI is based at Rutherford Appleton Laboratory in Harwell, Oxfordshire and managed by the Scientific Computing Department (SCD) of the UK’s Science and Technology Facilities Council (STFC).

Accelerate analysis, policies and informed investments

The importance of DAFNI is acknowledged at the highest levels of government. In October 2018 Chancellor Philip Hammond has commissioned a study on infrastructure resilience to identify how resilient the UK’s infrastructure is now and what needs to change to improve resilience and minimise cascade failures.

In his letter commissioning the study, the Chancellor notes that “The development of the Data and Analytics Facility for National Infrastructure (DAFNI) provides a particular opportunity to undertake an in-depth analysis of resilience, working with key stakeholders.”

Revolutionising infrastructure insights

Mark Enzer, chief technical officer at Mott MacDonald and chair of the Digital Framework Task Group for the Centre for Digital Built Britain, comments, “We now find ourselves in a place where the vision of effective information management across infrastructure is no longer an impossible dream.

“Effective digital twins are becoming a reality and secure, resilient data sharing between organisations is entirely achievable. This will revolutionise infrastructure and deliver better outcomes per whole-life pound for people in the UK. And DAFNI is a key part of this, leading the way on analytics and the sharing of infrastructure insights to inform better decisions at a national scale.”

Modelling smart infrastructure

Infrastructure and connected infrastructure systems are in a period of great change.

“We are witnessing transformation of infrastructure systems because of digitisation – yet sensors, big data and smart phones will not on their own deliver better infrastructure services. We need to bring together the right types of data, and we need models and analysis that can extract dependable knowledge. DAFNI will take the science of infrastructure data, modelling, simulation and visualisation into an entirely new space.” Professor Jim Hall, Director of ITRC.

Underpinning cross-sector collaboration

“DAFNI provides the UK research community with a fantastic opportunity to carry out world-leading infrastructure data science by providing the secure computational resources necessary to facilitate the next generation of infrastructure research,” explains Dr Edward Oughton of University of Oxford. “It leads the way in facilitating industry, government and academia working together to deliver the best investment decisions for the UK.”

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Ground-breaking work on Harwell research building begins

17th May saw ground broken at Harwell Campus, commencing works on the £40M, 58,000sq ft building that will form the central hub of the new Rosalind Franklin Institute.

Funded by the UK government, the Institute carries out interdisciplinary research and develops new technologies to transform our understanding of diseases and speed up drug design.

The unique design of the building sets it apart from other research facilities. The ground floor has been designed for optimum stability to house sensitive scientific instruments – meaning the foundations of the ground floor will be separated from the rest of the building to shield it from vibration.

To prevent electromagnetic interference, stainless steel reinforcement will be used in the structure, and non-ferrous materials used in the fabric, finishes, and mechanical, electrical and plumbing services. The aim is to create a close to perfect, stable environment to test the limits of specialist technologies such as electron microscopy and mass spectrometry.

The remaining three floors will house collaborative working spaces, offices and social areas as well as structural biology, chemistry and imaging laboratories, designed to be flexible to support new collaborations and avenues of technological development as the Institute grows.

The building will honour the Institute’s namesake, Rosalind Franklin, the experimental scientist famous for taking the X-ray photograph of DNA that helped establish its helical structure. The front of the building will incorporate graphics of the DNA double helix taken from the iconic X-ray photograph – known as Photo 51.

Chair of the Rosalind Franklin Institute, Vivienne Cox, said: “This is an exciting day for the Institute as we begin to build the hub which is such an important part of our vision.  We already have several projects underway with our partners across the UK, and the hub will provide further impetus, creating a fantastic space for research and collaboration that will enable real advances to be made.”

Terry Spraggett, Managing Director for Public Sector Construction for Mace, who will carry out the build, said: “This is a hugely important project that has the potential to transform the lives of millions through the cutting-edge research it will support. It is a complex and technically challenging build that we are proud to be delivering on behalf of the Rosalind Franklin Institute and the Science and Technology Facilities Council.”

The construction will be managed by the Science and Technology Facilities Council, part of UK Research and Innovation, who are also one of the partners of the Institute alongside ten leading UK universities. Harwell Science and Innovation Campus was chosen as the ideal site for the hub as it is not only home to other complementary research capabilities, including the STFC’s Rutherford Appleton Laboratory and Diamond Light Source, but it also attracts industrial partners who take advantage of the co-location of these national research facilities to collaborate and further their own scientific research.

Commenting on this latest RFI milestone, STFC Executive Chair Professor Mark Thomson said “One of STFC’s key initiatives in recent years has been the creation of our very successful health technology cluster here at Harwell. As the delivery partner for the new home of the Rosalind Franklin Institute we see this unique facility as an essential element in that growing health technology ecosystem and I look forward to supporting the RFI in finding answers to the great challenges of the day in the life sciences”.

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Lunes, Mayo 20, 2019

Liquidated damages for delay clauses

CASE UPDATE: Triple Point Technology Inc. v PTT Public Co Ltd [2019]

The Court of Appeal recently reviewed the law and correct approach towards liquidated damages for delay clauses. The Court of Appeal held that a contractor was not liable for liquidated damages for a delay where the contracted works had failed to complete, suggesting that many liquidated damages provisions providing compensation for delay may fall away entirely on termination of the contract, leaving the employer under the contract to prove a claim for delays for a breach assessed on the ordinary principles, rather than liquidated damages.

Background:

Triple Point Technology Inc. (TPT) is a supplier for commodities trading, designing and implementing software systems. PTT Public Co Ltd (PTT) is a commodity-based trader in Thailand which in 2012 engaged TPT to develop a new software system for commodity trading and risk management.

The project was to be completed in stages, subject to a written contract, which provided that payment would be made against milestones and included specific payment dates.

The contract contained two key clauses;

  1. Liquidated damages, Article 5.3 stated that PTT would be liable for liquidated damages in respect of work delivered late; “if [TPT] fails to deliver work within the time specified and the delay has not been introduced by PTT, [TPT] shall be liable to pay the penalty…. for undelivered work per day of delay from the due date for delivery up to the date PTT accepts such work….”; and
  2. Cap to liability, Article 12.3 stated that “…. the total liability of [TPT] to PTT under the Contract shall be limited to the contract price received by [TPT] with respect to the services or deliverables involved under this Contract. Except for the specific remedies expressly identified as such in this Contract will be for [TPT], upon receipt of written notice…”

TPT commenced the work in February 2013 and completed stages one and two of the project. PTT made payment as per the contract terms, notwithstanding that these two stages were completed 149 days late. Subsequently there were further delays to the work, making the milestones unachievable in the given timeframes.

A dispute arose when TPT eventually sought payment from PTT in respect of certain software licence fees, in line with the contractual timescales. PTT refused to honour the next payment as the relevant milestone had not been achieved, because TPT had failed to complete any further stage.

Subsequently, TPT suspended its work in May 2014 due to non-payment. PTT saw this as a default by TPT and in February 2015 purported to terminate the contract.

Decision:

High Court

TPT commenced High Court proceedings for the sum due, PTT counterclaimed for damages for delay and upon termination. Jefford J, in the first instance, dismissed TPT’s claim, awarding circa $4.5M USD to PTT on the counterclaim and held that the software licence fees were governed by a milestone, which had not been reached. TPT was therefore not entitled to any further payment. TPT was also found to be in breach of their contractual duty to exercise skill and care which consequently resulted in a delay.

The breakdown of the sum awarded to PTT by the High Court was: circa $1M USD to recover wasted costs and the costs of procuring an alternative system. A further circa £3.5M USD was awarded in liquidated damages as per Article 5.3 of the contract. Jefford J, found a repudiatory breach of contract by TPT, which was not entitled to suspend work in May 2014 and PTT was therefore entitled to terminate under the contract.

Court of Appeal

TPT appealed and argued that liquidated damages for delay and incomplete works under Article 5.3 were not recoverable and should have been subject to the cap under Article 12.3.

Jackson LJ, in the Court of Appeal noted there were a number of potentially conflicting prior authorities dealing with a liquidated damages clause in the context of when a project had not been completed by the contractor.

The Court of Appeal opted to side with prior case law and a 1912 ruling in British Glanzstoff Manufacturing Co Ltd v General Accident, Fire and Life Assurance Co Ltd; a decision which has never been disapproved and suggests approaches previously taken for delays in instances where a contractor fails to complete and a second contractor has to step in to finish to project.

It is understood that the liquidated damages clause only applied where the contractors had themselves completed the work, which was accepted by the employer, even if there was a delay and the work accepted late. If the works are never completed, the liquidated damages clause does not apply.  Jackson LJ stated in respect of Article 5.3, “that like clause 24 in Glanzstoff [Article 5.3] seems to focus specifically on delay between the contractual completion date and the date when TPT actually achieves completion…. Article 5.3 in this case, like cause 24 in Glanzstoff, has no application in a situation where the contractor never hands over completed work to the employer.”  As TPT did not complete the project and hand over to the employer there was no “completion”, therefore Article 5.3 would not apply to uncompleted work.

PTT would be entitled to liquidated damages for non-completion assessed on ordinary principles and PTT in principle was only entitled to damages of $154,662.00 USD in respect of stage 1 and 2 for the 149 days delay. Jefford J stated it was wrong to award liquidated damages for the period beyond termination.

Jackson LJ stated that liquidated damages for delay were subject to a cap as per Article 12.3, despite trying to provide an exception; the article clearly stated the total liability of any breaches could not exceed the total amount paid for services under the contact.

Conclusion:

Over the last few years there have been a number of decided cases, particularly focusing on the interaction of clauses dealing with damages and termination clauses. This is an important decision in relation to the right to claim liquidated damages for late completion and termination of contract, due to its unusually detailed consideration of the case.

This case decided that liquidated damages only apply to a situation where the contractor has handed over completed works. The Court of Appeal’s decision does provide some clarity and it would appear that unless the clause states otherwise, liquidated damages accruing until the completion of the works are likely to fall away entirely on termination.

A large number of construction contracts are drafted this way. If the right to liquidated damages falls away on termination, it is then for the employer to prove actual loss, so employers should also consider the implication of making such a decision.

This case illustrates the importance of carefully considering the current position with your commercial and construction contracts and the liquidated damages clauses within. It is hoped of course that there will never be a need to terminate, but careful thought needs to be had to these clauses at the outset.  The contract drafting should expressly provide for what happens to such clauses in the event of termination, rather than relying on the common law position which has proven to lead to uncertainty.

Article submitted by Mark James, Partner – Dispute Resolution, Coffin Mew.

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Japanese housebuilder comes to UK

Japan’s biggest housebuilder Sekisui house has struck a deal with Homes England to build thousands of homes across the UK.

Sekisui House is a leading global housebuilder known for modern homes and modular building. They have struck a £90million deal which includes a 35% stake in Urban Splash’s ‘House’ development company.

Sekisui House have invested £22m of new equity, with £30m of equity and debt funding coming from the Government’s Home Building Fund, administered through Homes England. It is hoped that the partnership will generate thousands of sustainable homes in a quick and cost-effective method, helping the government achieve its goal of 300,000 new homes.

Yoshihiro Nakai, President and Representative Director of Sekisui House Ltd said: “We are extremely pleased to be able to work together with Homes England and Urban Splash to establish our operations and help to create outstanding communities in the UK.”

“Using modern methods of construction to build high quality homes with short build times is one of our company’s great strengths. Our technology and know-how can help resolve pressing social issues in the UK, and I want to see us play our part effective immediately. These operations can also help bring vitality to UK regions, and we will work to make the strongest connections with the local communities.”

The deal was overseen by real estate and financial advisor JLL and entrepreneur Noel McKee took on a large 5% stake. It is hoped the deal will facilitate growth in the country’s modular building industry, which speeds up construction by creating large components in a factory and delivering them to sites.

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Construction still not taking a system-led approach to fire protection

Zeroignition, the fire retardant technology firm, has announced findings from its latest study of architects and specifiers. These professionals were asked about construction projects they have worked on in the past years, and the fire-protection.

While almost one in two architects (44%) said a system-led approach to fire protection is better than reviewing materials, products and designs individually, almost 13% of architects and nearly half of specifiers (42%) said with today’s regulations and testing capabilities this is currently impossible.

Yet 60% of architects said a systematic approach to fire protection should be adopted across the industry, and nearly one in two (42%) feel this method is appropriate to all types of buildings.

However, when asked about the projects they’ve been involved in over the past year, only a quarter (23%) said the projects they have been involved with have taken a systematic approach to fire protection.

Ian King, chief operating officer at Zeroignition, says: “Construction projects are incredibly complex involving a myriad of decisions. Each choice has a knock-on effect and there can be unforeseen results when a systematic approach to fire protection isn’t adopted. While architects know that a methodical way is best, there’s clearly some scepticism as to how achievable this is.  There is still more to be done by manufacturers and architectural bodies to ensure that best practice is fully bedded in.”

Glyn Coates, director, Zeroignition, with over 40 years’ construction industry experience says: “Fire protection is too often an afterthought. Fire safety is still a way off being considered as essential as a building’s foundations or its envelope. This needs to change and a safety first approach adopted, with fire protection built into initial designs and also within products. As this is putting people’s lives at stake it’s hard to understand why it’s not taken more seriously.”

Architect and design practice Design Two has looked at their construction methodology. Commenting on their procedures Colin Wardle, principal from the firm says: “At the moment taking a system-led approach can be quite complex. Too often it can be challenging to work out how components will perform in conjunction with others. Manufacturers don’t make this information clear enough. We manage this by considering fire safety from the very start of a construction project.

“Too often in our industry there’s a culture of cost-engineering which could impact fire safety. While we may specify a component, this may be substituted for something with slightly different performance properties. This can snowball and affect the fire performance, potentially costing lives.”

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Report says Northern HS2 should have been prioritised

A report from the House of Lords Economic Affairs Committee has said that Northern HS2 rail should have priority over the Southern Line.

The committee has criticised HS2 for failing to answer questions raised in their 2015 report and has questioned the value of prioritising the South over the Northern HS2 rail link. The report says that Northern Powerhouse Rail would be a better investment and should have been prioritised over HS2 phase one connecting London to Birmingham.

The report encourages combining the Northern HS2 line with Northern Powerhouse Rail to allow investment to be better used. They also question the cost of HS2 and claim that it is unknown how much the cost will be when the high-speed rail is complete and whether the Northern line will ever be built if costs overrun on phase one.

Chairman of the Economic Affairs Committee Lord Forsyth of Drumlean said: “Commuter services in the north of England are badly overcrowded and reliant on ageing trains. Rail connections between northern cities are poor.”

“As the Committee suggested in its 2015 report, rail infrastructure in the north should be the Government’s priority for investment, rather than improving north-south links which are already good. The north is being short-changed by the Government’s present plans, especially as construction on HS2 is starting in the south. Any overcrowding relief from HS2 will mainly benefit London commuters.”

In response to the report a Department for Transport spokesperson said: “By 2020, the Government will have invested a record £13bn in transport across the North, and we have a clear plan for linking the Midlands and the North through HS2 and Northern Powerhouse Rail – the full benefits of which can only be delivered on the back of HS2. This is not either/ or, we are clear we want both.”

“HS2 will deliver additional rail capacity, significantly improve connections and provide opportunities for economic growth – with around £92bn in benefits – for people and businesses across the North.”

The report recommends a new business appraisal case for HS2, combining Northern Powerhouse and HS2 Phase 2b, bringing funding forward where possible, analysing the savings in lowering the speed of the train, a new report into HS2 infrastructure, and using Old Oak Common as the terminus for Birmingham to London line instead of Euston. Construction of Phase One is already underway with new stations in Birmingham and London undergoing preparation work.

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Huwebes, Mayo 16, 2019

HS2 green corridor created in Warwickshire

A green corridor has been created on the banks of the River Tame in Warwickshire as part of an HS2 Ltd commitment to ecological development.

The Hams Hill site is one of 100 new wildlife habitats being created in the West Midlands area by HS2 as construction begins on the rail line between Birmingham and London. HS2’s Green Corridor scheme is developing new habitats, preserving woodland, and creating community spaces along with rail route.

The work was completed by HS2 alongside landscape architects and ecologists DJV, a joint venture of WSP and Ramboll, and early works contractor LM JV (a joint venture of Laing O’Rourke and J Murphy & Sons Ltd). Over 350,000 trees have been planted along the Phase One London to Birmingham route with an aim to plant 7million trees and shrubs before Phase Two starts.

HS2 Environment and Town Planning Director Peter Miller said: “Managing our impact on the environment during construction is a high priority, and we are committed to building a railway that supports new wildlife habitats, woodlands and community spaces which future generations can enjoy.”

“Our Green Corridor programme, along with various funds available for affected communities along Phase One of the route have seen our work on the ground accelerate over the last 12 months as we prepare for the main works.”

“As work progresses on building the railway, this will continue and people will see new sites developed as we create a network of environmental and community projects along the route.”

Another habitat has also been created at nearby Stoneleigh and Burton Green, where an artificial sett has been made for a clan of badgers. The Hams Hill site was cleared of an invasive species and Five Rivers Environmental Contracting Ltd. installed new shallow ponds to attract wildlife including newts and frogs.

The site is home to a public footpath, allowing walkers and commuters to get closer to nature. Over 40 varieties of trees are currently being grown in a nursery to plant in areas they are native to along the Phase One HS2 route.

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