Business : Legal News
NFRC Celebrates Government’s Move to Ban Retentions and Overhaul Payment Law

NFRC Celebrates Government’s Move to Ban Retentions and Overhaul Payment Law

NFRC (National Federation of Roofing Contractors) welcomes a landmark government announcement that will prohibit the use of retentions in construction contracts and deliver sweeping reforms to payment legislation. The announcement represents the most significant overhaul of the UK’s payment regime in over 25 years and will help to address the cash

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Chase New Homes urges to unlock Cricklewood development

Chase New Homes urges to unlock Cricklewood development

Chase New Homes is appealing to the Ministry of Housing, Communities and Local Government (MHCLG) for support to progress the delivery of new homes at the former PB Donoghue site in Cricklewood, London. The company is ready to build but is awaiting a resolution to planning matters with Barnet Council

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Successful prosecutions for South Staffs Water

Successful prosecutions for South Staffs Water

South Staffs Water has successfully prosecuted a company for unauthorised use of a standpipe, thereby illegally taking water from a hydrant. Rugby-based J M Morris Plant Hire Ltd pleaded guilty to the offence which occurred in Wood End Lane, Fradley on 6 September 2024. The company was ordered to pay

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Property developer fined for multiple construction site failures

Property developer fined for multiple construction site failures

A London property developer has been fined £63,000 plus costs after Britain’s workplace regulator found multiple failures at a construction site in Dalston. Nofax Enterprises Limited was investigated by the Health and Safety Executive (HSE) following four visits to its site on Dalston Lane over a 13 month period between

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Inquiry Phase 2 Response - Compliance of construction products

Inquiry Phase 2 Response – Compliance of construction products

FPA Commercial Director Chris Miles considers the compliance of construction products and the impact the Grenfell Tower Inquiry Phase 2 report will have on this sector In the first article in this series, entitled ‘Inquiry Phase 2 Response – Time for change’, Dr Gavin Dunn takes a wide view of the

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Latest Issue
Issue 339 : Apr 2026

Business : Legal News

NFRC Celebrates Government’s Move to Ban Retentions and Overhaul Payment Law

NFRC Celebrates Government’s Move to Ban Retentions and Overhaul Payment Law

NFRC (National Federation of Roofing Contractors) welcomes a landmark government announcement that will prohibit the use of retentions in construction contracts and deliver sweeping reforms to payment legislation. The announcement represents the most significant overhaul of the UK’s payment regime in over 25 years and will help to address the cash flow crisis that has long crippled NFRC members and other specialist contractors across the construction industry.   NFRC Group CEO James Talman said, “This outcome is one our industry has been campaigning for years to achieve. “  “For too long, specialist contractors have been forced to operate under a system that allowed larger firms to withhold their money, delay payment, and use their cash as free working capital.   “Today, the Government has shown that it has listened, and we could not be more pleased.”  The measures will be subject to a two-year implementation period, and dependent on the parliamentary timetable. This gives industry time to prepare, while providing a clear and firm direction of travel. NFRC will work with our Members and government during this transition period to ensure the incoming legislation is appropriate and effective. We will also continue to advocate on behalf of Members who are exploited by the current laws, which are now conclusively recognised to be unfair.   YEARS OF WORK, FINALLY REWARDED  NFRC has been advocating for reform of payment practices and the abolition of retentions for nearly a decade. In 2021, NFRC estimated that £300 million of roofing and cladding subcontractors’ cash was held in retention at any one time. In 2023, 86% of NFRC Members reported difficulties recovering retention payments on local authority contracts. And in 2025, 80% of contractor Members said retentions were still affecting their business. NFRC has taken every opportunity possible to advertise these facts and advocate for reform.   “Our Members are passionate about this issue, not just because it affects their bottom line, but because it affects their people, their livelihoods, and their ability to grow and deliver for the UK,” said Talman.   “The hours our team and our Members have put into this consultation speak for themselves.”   The UK has a critical need for housebuilding, retrofit, clean energy infrastructure, and public sector construction. None of these issues will be adequately tackled if the specialist contractors at the coal face are being strangled by cash flow problems.  CREDIT WHERE DUE  NFRC wishes to acknowledge the Department for Business and Trade for bringing these proposals forward with seriousness and urgency. The consultation process was well-designed, accessible, and genuinely engaged with industry. The government has listened to the evidence industry presented and acted on it.  “We are grateful to the Department for Business and Trade for the rigour and openness they have brought to this process,” said Talman.   “Good consultation deserves recognition, and today’s announcement is evidence of what happens when industry engages and government listens.   “We also want to acknowledge the many industry partners, trade bodies, and our own Members who contributed to this collective effort. Special thanks to the CLC taskforce on this important topic headed by Steve Bratt.”   The government has confirmed it will proceed with many of the measures proposed in the consultation, including:  – Removing the ability to contract out of the statutory charge of 8% interest on late payment.     – Boards or audit committees of persistently late-paying large companies will be required to publish explanations for poor payment performance and the actions they are taking to address it.   – Banning retention clauses.  Building, Design & Construction Magazine | The Choice of Industry Professionals

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Scaffolding and Temporary Structures: Safety Checks That Prevent Costly Insurance Claims

Scaffolding and Temporary Structures: Safety Checks That Prevent Costly Insurance Claims

Roughly a third of all workplace fatalities in the construction industry stem from falls, with scaffolding-related incidents accounting for a substantial portion. Beyond the human cost, these accidents trigger insurance claims that can reach hundreds of thousands of pounds, often resulting in premium increases that burden businesses for years. Proper safety protocols are more just regulatory compliance — they’re financial protection. The Financial Impact of Scaffolding Failures When scaffolding collapses or workers fall from temporary structures, the immediate costs include emergency response, medical treatment, and work stoppage. However, the long-term financial implications extend far beyond initial expenses. Major incidents typically affect insurance premiums substantially. Industry data suggests that serious claims often lead to premium increases ranging from 30% to 50%, though the exact impact depends on factors including claims history, company size, and specific insurer policies.  For small to medium-sized construction firms operating on tight margins, such increases can create serious cash flow challenges. While specialist construction insurers understand these risks, businesses across sectors — from those working with Westminster Insurance on professional liability cover to dedicated construction underwriters — face similar scrutiny of their safety procedures during policy renewals.  Pre-Installation Verification Requirements Before any scaffolding goes up, specific checks must occur to prevent structural failures. Ground conditions require assessment by a competent person, with particular attention to load-bearing capacity and drainage patterns that might compromise stability over time. Underground services must be located and marked, as striking gas or electrical lines during foundation installation creates liability exposure beyond standard construction risks. The scaffolding design itself needs formal documentation for certain configurations. Under the Work at Height Regulations 2005, scaffolds must be designed by a competent person where their complexity, height, loading, or configuration exceeds what can be safely erected using recognised standard configurations (such as those in TG20:13 guidance). These documents serve dual purposes: they guide safe erection and provide evidence of due diligence should incidents occur. Daily and Weekly Inspection Protocols Regular inspections form the backbone of claim prevention. The Work at Height Regulations 2005 mandate inspections at specific intervals: These inspections require documentation in an inspection register, recording the date, inspector’s name, identified issues, and corrective actions taken. Inadequate or missing records create significant difficulties when defending claims. Critical Component Checks Certain scaffolding elements demand particular attention during inspections because their failure typically results in the most serious incidents. Base plates and sole boards distribute loads to the ground and must remain level, fully engaged, and free from settlement. Standards (vertical tubes) require checking for plumbness, damage, and proper splicing where joints occur. Ledgers and transoms connecting standards need secure fitting with all clips properly tightened. Platforms must be fully boarded according to the scaffold system’s specifications, properly supported, and equipped with appropriate edge protection at any location where falls exceed 2m. For standard scaffold boards in typical configurations, 150mm overhang (4x thickness for 38mm boards) and supports should be placed at intervals appropriate to the board rating, commonly around 1.5m, though specific systems may vary. Tie patterns securing scaffolding to structures deserve particular scrutiny. These connections prevent toppling and must be installed according to design specifications. Inadequate or damaged ties are one of the most common factors in scaffolding collapse claims. Weather-Related Precautions British weather patterns create specific risks for temporary structures. Wind loading affects scaffolds differently based on height, sheeting coverage, and tie strength. Many manufacturers and guidance documents recommend ceasing work when wind speeds approach or exceed 23 mph, though specific thresholds depend on scaffold configuration, sheeting levels, and loading conditions. Training and Competency Documentation Claims investigations commonly examine whether workers held appropriate cards and whether refresher training was current at the time of the incidents. Companies should maintain training matrices showing qualification dates, renewal schedules, and specific competencies for each scaffolder and supervisor. This documentation demonstrates a systematic approach to competency management and supports the defence position when incidents do occur. Record Keeping That Protects Your Position Detailed records play a valuable role in managing insurance claims effectively. Photograph scaffolds at key stages: foundation preparation, after erection, during use, and post-incident if problems arise. Inspection registers should contain specific observations rather than generic statements. When claims arise months or years after incidents, detailed contemporaneous records carry considerably more weight than reconstructed accounts. The investment in rigorous safety protocols and documentation typically represents good value when measured against the costs associated with serious claims.

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Chase New Homes urges to unlock Cricklewood development

Chase New Homes urges to unlock Cricklewood development

Chase New Homes is appealing to the Ministry of Housing, Communities and Local Government (MHCLG) for support to progress the delivery of new homes at the former PB Donoghue site in Cricklewood, London. The company is ready to build but is awaiting a resolution to planning matters with Barnet Council that are preventing the scheme from moving forward. Under planning permission 22/5238/RMA, Block B of the development is designated for 38 affordable homes. Despite an extensive marketing campaign and contact with more than 30 registered providers, no housing association has come forward to take on the units. The only offer, from neighbouring Brent Council, was not accepted due to conflicts with the Section 106 Agreement. A payment-in-lieu agreement was eventually reached with Barnet Council on 26 August 2025. However, further clarification and communication are required to satisfy Section 106 obligations, which must be resolved before private units can be completed. Gary Barton, Managing Director of Chase New Homes, said: “We have taken every proactive step to deliver this development, yet Barnet Council’s constant inaction and procrastination stance is stalling progress at a time when London and the UK in general, desperately needs new homes. “Government has been clear about removing blockers and cutting through the unnecessary delays that Council’s continuingly find themselves in and speeding up housing delivery, but in this case, the Local Authority is the sole blocker. We urgently need MHCLG’s support to unlock this site to ensure that the delivery of these homes are not delayed any further.” Chase New Homes notes that the challenges at Cricklewood reflect wider trends across London and the UK, with some registered providers showing less interest in taking on affordable housing units. Payment-in-lieu agreements, which allow councils to pool funds for affordable housing delivery elsewhere, provide a practical solution, particularly where councils already manage housing stock. Barton added: “We are ready to build — but we need decisions and positive actions to be made by Councils to unlock growth and to get Britain building again at the level that is required to hit the targets the Government has set itself.” Building, Design & Construction Magazine | The Choice of Industry Professionals

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Successful prosecutions for South Staffs Water

Successful prosecutions for South Staffs Water

South Staffs Water has successfully prosecuted a company for unauthorised use of a standpipe, thereby illegally taking water from a hydrant. Rugby-based J M Morris Plant Hire Ltd pleaded guilty to the offence which occurred in Wood End Lane, Fradley on 6 September 2024. The company was ordered to pay a total of £5,130 in fines and legal costs by Dudley Magistrates Court. Mark Jeffries, Lead Water Supplies Officer for South Staffs Water and Cambridge Water, said: “It is illegal to connect to the water supply network without proper authorisation. “Unauthorised connections to our network pose a serious risk to the quality of water we supply to our customers. This could result in contamination of the public water supply, reduction in pressure, disturbance or possibly a mains failure of our network. “Our priority is to provide a safe and reliable water supply to our customers, and we take it very seriously when the actions of others impact our ability to do this. We are pleased that this prosecution has taken place and hope it discourages others from acting irresponsibly in the future.” Companies wishing to access water from a hydrant can hire an authorised standpipe from South Staffs Water. Visit https://www.south-staffs-water.co.uk/developer/standpipes for more information. If you’re in our Cambridge Water region, visit https://www.cambridge-water.co.uk/developer/standpipes/ Building, Design & Construction Magazine | The Choice of Industry Professionals

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HSE: Taylor Wimpey fined £800,000 after teen apprentice injured on site

HSE: Taylor Wimpey fined £800,000 after teen apprentice injured on site

A housebuilder has been fined £800,000 after a teen apprentice was injured when a temporary stairwell covering collapsed. Charlie Marsh, 17, had been working as a contractor on a Taylor Wimpey UK Limited site as it built around 450 new homes on its Meadfields site in Weston-Super-Mare. The apprentice bricklayer, from Whitchurch in Bristol, was less than 12 months into his career when the incident happened. An investigator for the Health and Safety Executive (HSE) said the teen was lucky to escape serious injury. On 22 August 2023 Charlie had been loading concrete blocks onto the temporary flooring on the first floor of one of the newly built homes. The blocks were being loaded into stacks of between 10 and 20, one of which was on or near to a temporary stairwell covering. This was a large area covered with a timber sheet material laid over joists – both of which would be later removed to install the staircase. However, the area collapsed, causing Charlie and around 20kg of the concrete blocks to fall more than two metres to the ground below. He sustained injuries to his fingers, hand, wrist and shoulder. The subsequent HSE investigation found that the joists under the timber sheet material should have been back propped. This was mentioned a number of times in Taylor Wimpey’s own health and safety manual for the site, however, it had been missed on this particular plot. Had suitably designed back propping been used, it is unlikely the incident would have occurred. Taylor Wimpey UK Limited pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £800,000 and ordered to pay £6,240.25 costs with a £2000 victim surcharge at the North Somerset Magistrates’ Court on 3 June 2025. HSE inspector Derek Mclauchlan said “Everyone working in construction has a responsibility to ensure people are safe. “Any work involving structural stability is potentially high risk and proper planning and implementation should be given. “This incident could have been avoided had the right steps been taken. “The failures of Taylor Wimpey resulted in a young man at the very beginning of his career being injured. Charlie was lucky those injuries were not far more serious. “Lessons should be learned.” This HSE prosecution was brought by HSE Enforcement Lawyer Samantha Tiger and Paralegal Officer Rebecca Withell. Building, Design & Construction Magazine | The Choice of Industry Professionals

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Shakespeare Martineau advises Great Places on major £104m Wigan housing deal

Shakespeare Martineau advises Great Places on major £104m Wigan housing deal

Full-service law firm Shakespeare Martineau has advised Great Places Housing Group on a landmark £104 million development scheme at Mosley Common in Wigan – a major housing scheme that will deliver more than 1,000 new homes, including 369 affordable properties. The deal involved the purchase of the first 100 acres of the site from Peel Land by Kellen Homes. Of the 1,044 homes planned for the full development, 815 will be built on this initial phase by Kellen Homes in partnership with Great Places and Taylor Wimpey. With planning permission already secured, the Mosley Common scheme will provide a mix of tenures and housing types alongside investment in transport links, green spaces and local infrastructure – creating a sustainable, well-connected new neighbourhood in Wigan. Hazel Doolan, development programme manager at Great Places, said: “This is a fantastic example of how collaboration across sectors can deliver real impact. Mosley Common will provide a wide range of much-needed homes – including 369 affordable properties – in a thriving, sustainable community. “Our thanks go to Shakespeare Martineau for their expert support in navigating a complex transaction and helping us secure our role in this transformative scheme. We’re pleased to be working alongside Peel Land, Kellen Homes, Taylor Wimpey and Wigan Council to bring this ambitious vision to life.” The complex deal was completed under tight timescales and required extensive cross-discipline collaboration. It was led by land partner Jack Kelly and social housing legal director Anita Rasaratnam, supported by residential development associate Joe Davies. The Shakespeare Martineau team advised on 13 separate legal documents across the transaction, ensuring Great Places was well positioned to play a leading role in the development. Jack said: “We’re proud to have supported Great Places on a deal that will have a lasting impact on the Wigan community. This development delivers not just new homes but vital infrastructure and affordable housing, all aligned with regional growth plans. It’s a brilliant example of the value that can be unlocked when housing and land experts collaborate closely. “This work reflects our commitment to supporting housing associations and public interest developments. This deal ensures Great Places will continue to play a vital role in shaping inclusive, sustainable communities.” The Mosley Common site was allocated in the Places for Everyone framework and is expected to move into the construction phase later this year. Building, Design & Construction Magazine | The Choice of Industry Professionals

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HSE: Company fined after death of man whose life was ‘unjustly cut short’

HSE: Company fined after death of man whose life was ‘unjustly cut short’

A construction company has been fined after a kitchen fitter was crushed to death by a pack of concrete blocks at a site in the Cotswolds. Martin Dunford, who was 33, was ‘very much loved’ by his family who say they miss him ‘every day’ since the incident on 23 January 2020. Martin, from Pocklington in Yorkshire, was killed after being pinned against the side of a lorry loader as two stacks of concrete blocks fell onto him. Martin’s sister, Tracey Hunter, provided a statement on behalf of his family. She said: “Martin went to work and never came home. His life was unjustly cut short. “Little did he know on that date that he was going to work on a site that had ongoing issues and was not following HSE guidelines for working safely on a construction site. “Martin was very much loved by his family and friends. He is missed every day and nothing can ever fill the hole that is left by him no longer being here. “We, his family, and friends are still all navigating throughout this endless period of grief and today’s verdict is the start of some sense of justice towards his senseless death.” Martin had been working at Ebrington Rise, near Chipping Campden – a development of 16 three, four and five bedroomed houses being built by Piper Homes Construction Limited. An investigation by the Health and Safety Executive (HSE) found that Martin had walked around a lorry loader to talk to a driver about how long he would be on site, as he needed access to one of the properties being built.  A stack of concrete blocks which had been placed on top of another stack of blocks, which was also supported by a wooden pallet, toppled over onto him, pinning him against the side of the lorry. He sustained severe internal and head injuries and died on site. Piper Homes Construction Limited, who were the principal contractor on the site, had failed to ensure that a suitable, level storage area was provided for the safe offloading of construction materials.  The company had also failed to ensure that wooden pallets in a suitable condition were used for the storage of construction materials and that persons were excluded from delivery areas. HSE guidance on pallet safety is available. Piper Homes Construction Limited, which is currently in liquidation, of Lace Market Square, Nottingham, pleaded guilty to breaching Regulation 13(1) of the Construction (Design & Management) Regulations 2015. The company was fined £300,000 and ordered to pay £5,236 in costs at Cheltenham Magistrates Court on 29 April 2025. HSE inspector James Lucas said: “This was an entirely avoidable incident and our thoughts remain with Martin’s family. “Storage of construction materials should be properly planned and managed, to ensure that if materials are stored at height the necessary measures are in place to prevent them from falling and potentially injuring persons.  “Storage areas should be level and accessories such as wooden pallets should be regularly inspected to ensure that they are in suitable condition to be used to store materials. “Had this been done on this particular site, Martin would have returned home safely to his family.” This HSE prosecution was brought by HSE enforcement lawyer Arfaq Nabi and paralegal officer Jason Dix Building, Design & Construction Magazine | The Choice of Industry Professionals

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Property developer fined for multiple construction site failures

Property developer fined for multiple construction site failures

A London property developer has been fined £63,000 plus costs after Britain’s workplace regulator found multiple failures at a construction site in Dalston. Nofax Enterprises Limited was investigated by the Health and Safety Executive (HSE) following four visits to its site on Dalston Lane over a 13 month period between 2020 and 2021. The company was overseeing the construction of a four storey building on the site, containing nine flats and large basement to house a youth club. However, the failures identified by HSE inspectors – including multiple working at height risks, poor fire precautions and exposure to large amounts of silica dust – were so serious, that they resulted in the site being closed down on two separate occasions. Other breaches of the law included failing to protect workers from exposure to wood dust, as well as insufficient covid and welfare controls. In total, 9 enforcement notices were served against the company for the Dalston Lane site, including five prohibition notices. The subsequent HSE investigation included inspections at other sites operated by the company, identifying a poor health and safety culture and systemic management failings. Owing to the repeated poor performance and lack of compliance to basic health and safety, Nofax Enterprises Limited, of Maldon, Essex pleaded guilty to breaches of sections 2(1) and 3(1) of the Health & Safety at Work etc. Act 1974.Following the hearing at Southwark Crown Court on 18th March 2025, the company was ordered to pay a total of £88,812.68 which included a fine of £63,000, costs of £25,622. In summing up, the judge stated that despite repeated visits by HSE and multiple notices being served, risks subsisted over a long period and the company failed to make any appropriate changes. The judge concluded by saying that there had been a systemic failure within the organisation to manage health and safety. After the hearing, HSE inspector Gordon Nixon said: “This company showed a total disregard to keeping its workers safe. “They failed to meet even the most basic health and safety standards, continually exposing operatives to serious risks.  “HSE will not wait until workers are seriously injured, or worse and will take appropriate action including prosecutions when health and safety regulations are so blatantly flouted.” Building, Design & Construction Magazine | The Choice of Industry Professionals

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Urgent warning: ‘Clock running out’ for international claims due to severe backlogs

Urgent warning: ‘Clock running out’ for international claims due to severe backlogs

Lawyers are urgently warning that the ‘clock may run out’ before an international claim is successfully served, as severe backlogs at the UK’s Foreign Process Section (FPS) continue to impact those in the construction industry dealing with overseas clients. The FPS, which handles the service of claims abroad in compliance with the Hague Convention, is grappling with processing times that could take several months. Businesses in the construction industry hoping to serve documents abroad could run the risk of not successfully serving a claim within the Civil Procedure Rules’ (CPR) six-month deadline, potentially prejudicing their position. Sneha Nainwal, partner at law firm Shakespeare Martineau, who specialises in cross-border disputes, said: “The FPS handles a range of international disputes, with commercial claims being the most common. “Typical cases involve a UK-based claimant seeking to recover contractual debts or damages from foreign defendants. “These cross-border claims, regardless of industry, are increasingly subject to delays due to the FPS backlog.” The FPS plays a pivotal role in the initial stages of litigation involving the service of documents overseas. When a claimant issues proceedings in the UK and the defendant resides abroad, the FPS ensures legal documents are served accurately and in compliance with international protocols. This crucial function is central to the ‘international service of claim’ phase – a vital step that sets the stage for the progression of the case towards resolution or settlement. By facilitating this process, the FPS supports the efficient administration of justice across borders. The current backlog stems from the residual effects of the Covid-19 pandemic. Due to global lockdowns and restrictions, the FPS was temporarily suspended, leading to an accumulation of claims waiting to be processed. This delay has compounded over time, with a growing volume of claims requiring international service. Sneha said: “The most pressing risk for businesses issuing a claim is the expiration of the six-month period for serving the claim form. Failure to serve within this timeframe could result in the claim being deemed invalid or struck out. “The best way to mitigate this risk is for claimants to act proactively by ensuring their application to the FPS for serving documents abroad is watertight. “The FPS enforces strict procedural rules, and any oversight or misstep could result in the rejection of the application, forcing the claimant to restart the process and face further delays in an already backlogged system. “To avoid this, ensure all documents are in perfect order and apply promptly for an extension if you anticipate difficulty serving within the six-month deadline. “Don’t leave things to the last minute. For the best chance of success and to avoid unnecessary complications, seek professional advice.” Building, Design & Construction Magazine | The Choice of Industry Professionals

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Inquiry Phase 2 Response - Compliance of construction products

Inquiry Phase 2 Response – Compliance of construction products

FPA Commercial Director Chris Miles considers the compliance of construction products and the impact the Grenfell Tower Inquiry Phase 2 report will have on this sector In the first article in this series, entitled ‘Inquiry Phase 2 Response – Time for change’, Dr Gavin Dunn takes a wide view of the content and implications of the Grenfell Tower Inquiry Phase 2 report. It is worth (re)reading to enable the following article to be contextualised. One of the key areas that the Inquiry Phase 2 report looks at in some depth is that of the compliance of construction products and systems and how the process can be improved, noting that using relevant, robust standards is essential. This article will look at the current process, some of the issues identified in the report and progress made in improving it, and will then examine ways in which the recommendations made in the Phase 2 report can be implemented. There are multiple elements to the compliance of products and systems, including how the process is governed and regulated, and the report includes a number of recommendations related to this. Some of the elements forming the recommendations in the report include: Current compliance If we look at the various routes to compliance that are currently available to the construction product industry we find multiple options – e.g. testing by the manufacturer/supplier, independent testing by a third party, sampling of products from the market (surveillance), and third party product certification. Whilst the third-party product certification route is often seen as the highest current level, there are variations between the providers offering various qualities such as user-friendliness, locality, project/market needs, costs, and turnaround time. However, the Inquiry report showed that too often the need for quality and thoroughness were a lower consideration when selecting which option was to be used. Analysis of the lead up to the Grenfell Tower fire by the Inquiry showed that examples of poor practice in the compliance processes led to inappropriate products, critical to the safety performance of the system, ended up on the building, namely the use of aluminium composite material (ACM) cladding. The Inquiry report states that: “The choice of combustible materials for the cladding of Grenfell Tower resulted from a series of errors caused by the incompetence of the organisations and individuals involved in the refurbishment… “Everyone involved in the choice of the materials to be used in the external wall thought that responsibility for their suitability and safety lay with someone else.” These issues can be shown to stem from a weak governance of the system that the testing laboratories and certification bodies operated under. This demonstrates that the governance of the compliance process is critical to an effective system. Applying recommendations The Inquiry report provides a clear recommendation that the construction regulator should be responsible for assessing the conformity of construction products with the requirements of legislation, statutory guidance, and industry standards. The regulator would then, perhaps, issue certificates to cover products, as appropriate, with a proposal that these certificates would become pre-eminent in the market. This would, in effect, create a new independent authority to regulate construction product safety (see figure 1), and whoever takes on this task must ensure there are clear responsibilities on product manufacturers and must also set out the consequences of acting outside the required system. To give this system real teeth, it must have the ability to set statutory liabilities and be able to enforce them through criminal proceedings if necessary. To improve the system overall it is important to have this recourse to legal action if a company or individual does not follow the proscribed system. If a serious mechanical failure occurred on an aeroplane, there would be a thorough investigation as a matter of course, and where fault was found there would be statutory implications. However, currently none of that happens routinely with construction products. This needs to change and it will need government and legislative support as part of their response to the Inquiry report recommendations. It should be noted however, that taking on the role of construction products regulator is a huge task and one which should not be undertaken lightly by any organisation, even by government. There are hundreds of certificates produced each month by the various current certification bodies and, as a response to the events at Grenfell and the subsequent Hackitt report, these numbers have grown significantly in the past seven years as the authorities started asking for more proof of compliance. To replace and/or replicate this through a newly founded construction products regulator will be a major undertaking requiring significant investment. If government decide that this is the way forward they wish to take, they will need to ensure this new body has access to sufficient numbers of competent staff in an area where we are all aware of the current lack of this type of resource. Therefore to rush into this could be a major mis-step and cause delay and confusion at a time when the construction sector as a whole is looking for clarity after the Inquiry report’s publication. The Inquiry Phase 2 report recommendations under section 113.23 are: Looking at each of these points individually highlights the difficulties faced when trying to implement a system to meet these recommendations. Recommendation 113.23a recommends that copies of all test reports supporting any certificate issued by the construction regulator are included, however product manufacturers will often go through numerous test cycles during the R&D process of a product or system. Many of these test reports do not represent the final product and are used to prove variations in the design. This will result in a large number of failed results showing on the certificate for prototypes that may bear little resemblance to the final product to be sold on the market. If these R&D results are included in a certificate they could be a red herring, confusing potential product users as to the ultimate safety of a product or system. This may in

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