Hampshire-based R Collard Ltd has taken delivery of the first demolition specified Volvo EC750E to be sold in Great Britain. Managing director Robert Collard said that the choice of Volvo was mainly down to its availability for the start of the contract, but it has worked out well. “We were
The use of drones to carry out building inspections is saving the taxpayer an estimated £100,000 at the Dounreay nuclear site in Caithness. A recent survey suggests more and more construction-related organisations are catching on to the benefits of these camera-equipped remotely operated aircraft. Dounreay Site Restoration Ltd (DSRL), the
The Maple Grove development, a collection of contemporary two, three and four bedroom houses situated along the tree-lined River Wandle near to Hackbridge in the London Borough of Sutton, is now available for purchase off-plan. SiteSales Property Group, the residential development agency, are managing the sales and marketing for the
The building industry is booming in London now that Sadiq Khan has relaxed rules surrounding housing. As reported by the Guardian, the Mayor of London, plans to build over quarter of a million new homes in the bustling capital’s outer suburbs, which fits in with recent housing movements. In the
The HomeOwners Alliance have collaborated with King’s College London in order to launch a guide for homebuyers who are looking to purchase a new build property. The new guide is 28 pages long and is called ‘Buying you new home: your rights explained’. This publication is the first of its
If you put your own standard terms and conditions into a contract, can you be sure that they will stand up under legal scrutiny ? Solicitor Mark Clinton reports on lessons learned from a recent case. Above: Mark Clinton is a partner at Thomas Eggar, recently merged with Irwin Mitchell
Wandsworth Council has shortlisted five housing developers for a scheme to regenerate a 13 hectare site in Battersea. Above: The estates to be rebuilt are alongside the rail tracks The council is looking for a private sector partner to form a joint venture vehicle to deliver the regeneration of the
The UK cannot rely on the power sector to meet its emissions reduction targets, the Committee on Climate Change (CCC) has said. The warning came as the government confirmed the fifth carbon budget for 2028 to 2032, accepting the CCC’s recommendation that emissions be reduced by an
The contractor posted a £28m pre-tax loss for non-underlying items for the first half of the year, £25m of which was a charge relating to revised legal guidelines and settlements. This was largely down to changes that came into force in February, which could see large companies (with turnover over
RIBA Future Trends Survey results for April 2016 Increased revenue from projects outside the UK compared with 2013 North of England leads the way in future workload predictions In April 2016 the RIBA Future Trends Workload Index fell marginally to +29 (down from +31 in March). Despite this,
Hampshire-based R Collard Ltd has taken delivery of the first demolition specified Volvo EC750E to be sold in Great Britain. Managing director Robert Collard said that the choice of Volvo was mainly down to its availability for the start of the contract, but it has worked out well. “We were impressed with the specification and build quality of the EC750E when we went to Rotterdam to inspect the machine at Volvo’s European machine receiving centre,” he said. “And watching it go to work on its first day on site, I’m equally impressed with the machine’s performance and very satisfied with our purchasing decision.” Collard’s new machine is the prime demolition tool on a project in west London, dismantling four-storey buildings and multi-storey car parks on a 20-acre site. The machine has been specified with 7.7-metre boom, a 3.55-metre dipper arm and a Hills hydraulic hitch for fitting of a 4m³ heavy duty bucket and a range of demolition tools including a 7.5-tonne Verachtert shear. In order to operate a range of hydraulically powered attachments, the EC750E has been equipped with both hammer/shear lines and an X3 rotation circuit. The machine can be programmed with pre-set flows and pressures for the different attachments being used. The 7.5-tonne shear operates at 800 litres per minute and a working pressure of 350bar.
The use of drones to carry out building inspections is saving the taxpayer an estimated £100,000 at the Dounreay nuclear site in Caithness. A recent survey suggests more and more construction-related organisations are catching on to the benefits of these camera-equipped remotely operated aircraft. Dounreay Site Restoration Ltd (DSRL), the company in charge of decommissioning the nuclear site, carries out around 50 building inspections each year – helping maintain buildings that play an key role in nuclear decommissioning, clean-up and waste management operations. It was the idea of John Moar, a senior electrical engineer at the site, to look into using drones. Dounreay falls within a strictly enforced air exclusion zone and is protected by armed officers from the Civil Nuclear Constabulary. Mr Moar had to do a Civil Aviation Authority course to secure an exemption from the no-fly zone. The first £6,000 drone paid for itself on its first outing to inspect two 20-metre high ventilation stacks. Previously, this work would have needed scaffolding and a hired mobile platform, costing thousands of pounds a week. Mr Moar said: “The team were delighted at the quality and detail of the images and how easy and safe it was to get them. Clearly, there are very strict rules in place to protect the safety and security of nuclear sites, so we had to follow a stringent and detailed process to get all required agreements for using drones at Dounreay. The potential for using drones doesn’t stop here. I can see how we’d use similar technology for things like 3D modelling and environmental surveys.” According to a survey by ProDroneWorx, a mapping, inspection and surveying company, drones are already quite widely used in the construction but are about to become commonplace. Its survey, Drone Technology within the Construction Industry, found that out of 161 companies that responded, 33% are currently using drone technology and of those that are not, more than two-thirds are planning to do so in future. Of the 33% that are using drones, more than half (60%) have only started doing so in the past year. ProDroneWorx managing director Ian Tansey said: “In a world of tight margins and an increasingly competitive landscape, the use of drone technology gives construction firms a significant competitive advantage over their peers through reduced costs, increased productivity gains and the mitigation of risk.”
The Maple Grove development, a collection of contemporary two, three and four bedroom houses situated along the tree-lined River Wandle near to Hackbridge in the London Borough of Sutton, is now available for purchase off-plan. SiteSales Property Group, the residential development agency, are managing the sales and marketing for the properties on behalf of Rydon. All the properties at the secluded Maple Grove development have private gardens and are located along an attractive riverside close to the greenery of Beddington Park. Access by train to central London (London Victoria 25 minutes) is available from Hackbridge station only 6-7 minutes’ walk away, making Maple Grove not only an attractive location, but also a quiet, well connected retreat. SiteSales Property Group has already secured eight reservations off-plan, with strong interest continuing from first time buyers as well as those looking to downsize. All of the houses include fully integrated appliances with fitted carpets and flooring throughout, comprising ceramic floor tiles in the wet rooms and mirrored cabinets in both bathrooms and shower rooms. The development has already attracted a lot of interest and is open to all, with Help to Buy available for selected properties. In total there will be 54 properties for sale at Maple Grove, 25 being constructed and sold in the first phase, between spring and summer 2018, with the remainder following in the second phase. The first phase is comprised of three and four bedroom houses, with three bedroom houses priced at £525,000 and four bedroom properties at £575,000. Murray Smith, Managing Director of SiteSales Property Group, said: ‘‘Maple Grove is a development with an excellent location, combining natural surroundings with strong transport links. Our sale of the properties is proceeding well, and our customers have been very impressed with our level of care, attention and our ability to keep their purchasing journey smooth and trouble free. This further extends our close working partnership with Rydon who deliver an excellent product for our buyers.”
The building industry is booming in London now that Sadiq Khan has relaxed rules surrounding housing. As reported by the Guardian, the Mayor of London, plans to build over quarter of a million new homes in the bustling capital’s outer suburbs, which fits in with recent housing movements. In the last year the residential market in London has seen a surprising upturn during the second quarter of the year, and there has also been an increase in the sale of luxury properties. Of course, the new housing won’t be for the rich and affluent; instead the homes are being built with young professionals and families in mind, helping to deal with the housing crisis in the UK. Sadiq Khan said, “I am using all of the powers at my disposal to tackle the housing crisis head on.” Over 250,000 New Homes In London The suburbs are now preparing for a large amount of construction after the Major lifted rules surrounding local character in London. This may be a cause for alarm for some people, but Khan is still prioritizing the environment; the housing plan goes hand in hand with a plan to protect the London Green Belt. The plan is certainly ambitious, but it looks like it will be achieved within the next few years. The new houses will be placed in 13 of the outer suburbs of London, avoiding the city centre which is already heavily crowded. One third of the houses will be built on surprisingly small sites, including in areas where there are unused apartments and shops. Some of the sites are even in used back gardens. Khan created the detailed plan in 2016, and although many critics were initially concerned about the idea many people have now warmed to it. The Need For Building Services Once the houses are built it is extremely important to maintain the properties. Houses can last for hundreds of years if they are properly maintained by professional building services, but if not they can quickly decay and age – and this means that even more money will need to be spent further down the line. For this reason it is important to hire a quality cleaning team who have experience maintaining residential properties. This housing plan is set to be one of the biggest residential builds in the UK in 2017, and it will transform the lives of thousands people who are living in London. It will also create more work for the construction industry and building services, benefiting the community in various ways.
The HomeOwners Alliance have collaborated with King’s College London in order to launch a guide for homebuyers who are looking to purchase a new build property. The new guide is 28 pages long and is called ‘Buying you new home: your rights explained’. This publication is the first of its kind and will explain to the reader in clear and concise language the process of buying a new home and the rights that the buyer has. Included in the booklet is how a buyer can complain when things go wrong and how to resolve disputes with developers and how to make a claim under the warranty. The launch of this information has taken place following the Chancellor Philip Hammond’s commitment to building 300,000 new homes each year in the Autumn Budget. Speaking about the creation of the new guide, Philip Britton from The Centre for Construction Law at The Dickson Poon School of Law, King’s College London, has said that the information will help new homebuyers know and understand their rights. People who buy new homes often find that they have less protection that they previously thought. Buying a new home is a bit of a minefield and it is often difficult for homebuyers to know where to turn. As an extension of the service offered with the release of this booklet, the School also offers the King’s Legal Clinic, which is a free service that will offer legal advice to the public. The new build sector has a range of challenge, from complicated contracts to bad quality of work amongst other contractual restrictions. Because of this, buyers need to be better informed of their rights, with the publication of the ‘Buying your new home’ guide answering a large number of questions, taking some of the complexities out of the process.
If you put your own standard terms and conditions into a contract, can you be sure that they will stand up under legal scrutiny ? Solicitor Mark Clinton reports on lessons learned from a recent case. Above: Mark Clinton is a partner at Thomas Eggar, recently merged with Irwin Mitchell LLP No doubt we have all encountered contractual clauses like the following: ‘12(d) All claims … must in order to be considered valid be notified to us in writing within 28 days of the appearance of any alleged defect or of the occurrence (or non-occurrence as the case may be) of the event complained of, and shall in any event be deemed to be waived or absolutely barred unless so notified within one calendar year of the date of completion of the works’. But will they stand up? That was one of the questions for the Court last month in Commercial Management (Investments) Ltd v Mitchell Design and Construct Ltd v Regorco Ltd (formerly Roger Bullivant Ltd). Before we come to the answer to that question, we must address another question before the court, namely, whether the term above was incorporated into the contract between Mitchell and Regorco at all? Courts often have to consider cases where the parties have engaged in a battle over whose standard terms will apply. This was just such a case. Mitchell’s order sought to impose their standard terms. Regorco amended the order and it was signed by both parties in its amended form. The amended provision states that: ‘The terms of this order and its conditions shall be deemed to override any terms and conditions of your tender, where applicable, otherwise, Roger Bullivant Conditions apply.’ The words in bold type were those added by Regorco. They replaced wording stating that Mitchell’s terms overrode others if they were inconsistent with them. What did this amended clause mean? Well, the parties agreed that they should be read as if ‘where applicable’ appeared after the eighth word but they did not agree much else. The court decided that ‘where applicable’ in this context meant no more than ‘if relevant to the performance of the sub-contract or the remedies under it’. Where then, did that leave Regorco’s terms? Well, they only applied where they were not inconsistent with Mitchell’s. There was quite a debate about whether clause 12(d) above did conflict with a particular provision in Mitchell’s terms. There is no room to explore the detail of that here but the answer was that it did and clause 12(d) did not apply. I do not know whether the result was what Regorco intended when they made the amendments set out above, but I very much doubt it. The lessons to this point are clear: drafting and amending contracts is a skilled art and it needs to be done with considerable thought and care. Back to the question at the outset, will clauses like clause 12(d) above stand up? Although the clause was held not to be part of the contract, the court helpfully went on to consider whether it would have stood up if it had been incorporated. The answer is that it all depends on the context. Parties are generally free (with some exceptions) to agree whatever terms they like but when they trade on their own standard terms, Section 3 of the Unfair Contract Terms Act 1977 comes into play. In such cases, a party can only exclude or restrict liability for breach if the term relied on is reasonable. The burden of proving reasonableness rests with the party relying on it. If clause 12(d) had been incorporated, would Regorco have been dealing on their own standard terms? Yes, they would have been. It is not necessary for the whole of their standard terms to apply before the Act bites. That may come as a surprise to some but it is not the first time a Court has said it. We therefore come to the question of whether clause 12(d) is reasonable for the purposes of the Act. When a Court considers this question it takes into account a wide range of relevant circumstances. The Act sets out a non-exhaustive set of guidelines to be applied to determine whether a clause is reasonable and, although that list does not strictly apply to Section 3 cases, the court will and did consider it anyway. It was the application of one of those guidelines which the Court found most ‘powerful’ in helping it answer the question. That guideline involves asking whether it was reasonable at the time of the contract to expect that compliance with the relevant condition would be practicable. That takes us back to context. In this case, the context was allegedly arising from vibro-compaction and piling works. In many cases such defects will not manifest themselves within a year and, even if they do, they may not be spotted within 28 days. The point is neatly illustrated by the facts of the case itself where the problems were noticed by a sub-tenant of the finished building almost nine years after practical completion. It would not have been reasonable to expect that compliance with clause 12(d) would be practicable. The clause would therefore not have stood up and would have been ineffective. It may be worth subjecting your own standard terms to a reasonableness check – before someone else does. About the author: Mark Clinton is a partner at Thomas Eggar, recently merged with Irwin Mitchell LLP This article was published on 11 Feb 2016 (last updated on 11 Feb 2016). Source link
Wandsworth Council has shortlisted five housing developers for a scheme to regenerate a 13 hectare site in Battersea. Above: The estates to be rebuilt are alongside the rail tracks The council is looking for a private sector partner to form a joint venture vehicle to deliver the regeneration of the Winstanley and York Road Estates on the north side of Clapham Junction railway station. The shortlisted groups are: Balfour Beatty Infrastructure Investments/First Base Berkeley Group C&C Properties UK/Pinnacle Group Lend Lease Europe Taylor Wimpey UK. The project aims to improve the local environment, creating a redesigned neighbourhood of approximately 2,000 homes, with new retail, leisure, community and office space. Bilfinger GVA is lead advisor to Wandsworth Council for the procurement process. The selection of a preferred party is expected in December 2016. Further Images This article was published on 18 Mar 2016 (last updated on 18 Mar 2016). Source link
The UK cannot rely on the power sector to meet its emissions reduction targets, the Committee on Climate Change (CCC) has said. The warning came as the government confirmed the fifth carbon budget for 2028 to 2032, accepting the CCC’s recommendation that emissions be reduced by an average of 57 per cent on 1990 levels over the period. In an annual progress report to parliament the CCC said: “Whilst emissions have fallen by an average of 4.5 per cent a year since 2012, this has been almost entirely due to progress in the power sector, particularly reduced use of coal as government policies have driven an expansion of renewable generation.” It said the complete replacement of coal would get Britain less than half way towards the 2 to 3 per cent annual reduction in emissions needed by 2030. By comparison there has been “almost no progress in the rest of the economy”. Emissions outside of the power sector have fallen by just 1 per cent a year since 2012. Emissions from different sources since 2005 Source: Committee on Climate Change The CCC called for “stronger low-carbon policies” in the government’s emissions reduction plan which sets out how carbon budgets will be met. It highlighted uncertainty over future climate policy as a major concern and said it is “holding back investment and increasing costs”, particularly in the wake of last week’s vote to leave the European Union. The past year The committee said some progress has been made on its recommendations in last year’s report. Funding for offshore wind has been extended to 2026; to 2020/21 for renewable heat and to 2018 for electric vehicles. However there have been “backward steps” in other areas. The government cancelled a £1 billion commercialisation competition for carbon capture in storage in November; reduced funding for energy efficiency measures; and scrapped the zero carbon homes standard. Movement has stalled elsewhere. There is no action plan for low-carbon heat or energy efficiency. There has also been no indication whether mature ‘pot 1’ technologies, such as onshore wind, will be able to bid in the three contracts for difference auctions planned for the current parliament. Projected emissions: Source: Committee on Climate Change The way ahead The CCC set out several further recommendations. It called for a “strategic approach” to the development of CCS, saying the technology is of “critical importance” to the UK’s efforts to decarbonise. It said support for capture plants and transport and storage infrastructure should be separated to reflect their differing technical and economic characteristics. The government should provide a “route to market” for mature low-carbon technologies, for example by setting a “subsidy-free” price for the contracts for difference scheme and then running an auction to find projects which can be built with a lower strike price. The committee also called for progress on heating as well as transport policy beyond 2020. The government has committed to publishing an updated emissions reduction plan by the end of this year, showing what measures will be put in place in order to stick to the agreed carbon budgets. Source link
The contractor posted a £28m pre-tax loss for non-underlying items for the first half of the year, £25m of which was a charge relating to revised legal guidelines and settlements. This was largely down to changes that came into force in February, which could see large companies (with turnover over £50m) face fines of more than £10m. Leo Quinn told Construction News the company had taken a “prudent reserve” in the event of Balfour Beatty being fined in the future under the new sentencing guidelines, as the changes also apply to cases yet to go to court but that involve incidents that pre-date the revised rules. He said the penalties had increased “almost tenfold”, which he later described as “pretty large and drastic”. Balfour Beatty was hit with a major fine of £2.6m in May over the over the death of a worker on an offshore windfarm in Lancashire. In January it also incurred a £1m fine, following the death of a road worker in 2012. Mr Quinn said: “It’s most unusual to see that level of fine increase and it’s worrying for the industry because the definition of a large contractor is £50m turnover, this could bankrupt many small construction companies.” Balfour results Mr Quinn’s comments came as the company’s UK business posted a £66m loss in its construction services division for the half year to 1 July. In the UK, underlying revenue fell in the first half by 23 per cent to £862m (2015: £1.12bn), predominantly due to a decline in the regional construction business. On this, Mr Quinn said the company had reduced the number of live contracts in the regional business from 400 to 250, which gave the group “a sensible scope and span of control for the business”. He added the company had previously taken on a large amount of contracts due to “forced growth” from acquisitions and winning new work on bad terms and with “inappropriate risk”. The loss in the UK construction business over the period was also attributed to additional losses incurred on historical contracts. In an analyst presentation, Mr Quinn said the group had challenges around the “black art” of getting projects signed off, which he said was “not always as easy as you think it’s going to be”. One Nine Elms He said the company was looking “much more” at two-stage bidding and used projects such as One Nine Elms as an example of this working effectively. Mr Quinn said in the analyst presentation that he “knew the job and what [the company was] getting into”. Speaking to Construction News he added that Balfour Beatty Engineering was onsite conducting piling works at One Nine Elms and was being paid to put together an estimate for the building over the next six months. He said Balfour Beatty’s Olympic Park delivery team would be moving over to work on the project. Balfour Beatty replaced Interserve on the job, after client Wanda One retendered in March. Mr Quinn remained confident the UK construction business would still be able to hit 2-3 per cent margins, when asked by analysts. He said margins continued to improve from a poor 2014 baseline, adding that revenue would remain flat. “I’m not going to allow growth to save us,” he said. “Revenue will remain flat… if we do grow then that will be a bonus.” Leo Quinn on: Offsite manufacturing: Mr Quinn said he was “totally behind [offsite manufacturing]” but added that the construction sector “hasn’t managed to get it right yet in terms of logistics and distribution”. Infrastructure: “What a fantastic time to be investing in infrastructure, when money is effectively free,” he said. Nuclear: “Balfour Beatty wants uncertainty around new nuclear cleared up because we hold capability and expertise to deliver on these types of contracts – almost in some cases unique to Balfour Beatty.” Source link
RIBA Future Trends Survey results for April 2016 Increased revenue from projects outside the UK compared with 2013 North of England leads the way in future workload predictions In April 2016 the RIBA Future Trends Workload Index fell marginally to +29 (down from +31 in March). Despite this, workloads in April 2016 were 8% higher than those in April 2015. All Nations and Regions returned positive forecasts, with the North of England remaining strong (balance figure +43). Large practices (51+ staff) stood as the most positive (balance figure +71), followed by small practices (1–10 staff, balance figure +28) and medium-sized practices (11-50 staff, balance figure +24). The RIBA Business Benchmarking survey showed 22 per cent of revenue for RIBA chartered practices is generated from projects outside the UK, compared with 16 per cent in 2013. For large practices, the proportion stands at 32 per cent in 2016. The private housing sector workload forecast saw the biggest increase in April (rising from to +33 from +28 in March). The commercial sector forecast decreased to +11 (down from +18 in March). Meanwhile, the public sector and community sector forecasts changed little. The RIBA Future Trends Staffing Index was unchanged, standing at +10. Responding practices reported that permanent staffing levels were 6% higher than twelve months ago. Large practices were the most optimistic about recruiting new staff, with a balance figure of +71. Medium-sized practices and small practices were less optimistic, though positive overall (with balance figures of +6 and +24 respectively). RIBA Executive Director Members Adrian Dobson said: “The private housing sector clearly remains the key driver of growth. Buoyant housing activity is no longer confined to London and the South East but is widespread throughout the country. “Workload growth has been strong throughout the last year, and this is the twelfth consecutive quarter in which we have seen rising workloads, as the value of work in progress begins to climb back towards pre-recession levels. “The past year has also seen strong employment growth. However, there is some way to go before employment levels will attain their pre-recession peaks.” ENDS Notes to editors: 1. For further press information contact Callum Reilly in the RIBA press office: callum.reilly@riba.org 020 7307 3757 2. The Royal Institute of British Architects (RIBA) champions better buildings, communities and the environment through architecture and our members. architecture.com Follow @RIBA on Twitter for regular updates www.twitter.com/RIBA 3. Completed by a mix of small, medium and large firms based on a geographically representative sample, the RIBA Future Trends Survey was launched in January 2009 to monitor business and employment trends affecting the architects’ profession. 4. The Future Trends Survey is carried out by the RIBA in partnership with the Fees Bureau. Results of the survey, including a full graphical analysis, are published each month at: http://www.architecture.com/RIBA/Professionalsupport/FutureTrendsSurvey.aspx 5. To participate in the RIBA Future Trends Survey, please contact the RIBA Practice Department on 020 7307 3749 or email practice@riba.org. The survey takes approximately five minutes to complete each month, and all returns are independently processed in strict confidence 6. The definition for the workload balance figure is the difference between those expecting more work and those expecting less. A negative figure means more respondents expect less work than those expecting more work. This figure is used to represent the RIBA Future Trends Workload Index, which for April 2016 was +29 7. The definition for the staffing balance figure is the difference between those expecting to employ more permanent staff in the next three months and those expecting to employ fewer. A negative figure means more respondents expect to employ fewer permanent staff. This figure is used to represent the RIBA Future Trends Staffing Index, which for April 2016 was +10 Posted on Friday 3rd June 2016 Source link