The Institute of Residential Property Management (IRPM) has responded in detail to the Housing, Communities and Local Government Committee’s recent call for evidence on cladding. The call for evidence will inform the Cladding: Progress of Remediation inquiry which is reviewing progress in removing potentially dangerous cladding from high-rise and high-risk
Construction companies do not only have the task of erecting buildings on time and on budget. They also have the responsibility to make sure these buildings are fit for purpose and safe for those that use them. With that in mind, there are several safety areas of which construction businesses
In the UK as in other parts of the world, there are many rules to follow in case of a road traffic accident. But sadly, not many drivers are aware of these rules, and what they should really do in the event they are in a road traffic accident. If
Twelve months on from the launch of a ground-breaking emergency lighting software technology, Abtec Building Technologies (Abtec BT) says it is now as important as ever for building managers and operators to focus on building safety. ARGOHub, a software as a service (SaaS) offering, was launched by Abtec BT last
The UK government has recently published a draft landmark bill which is designed to improve residents’ safety in their homes. The Building Safety Bill, which marks one of the biggest changes to building safety in 40 years, will introduce a new era of accountability, making it clear where the responsibility
Building Passports as a means of certifying key information about a property are an extension of recommendations made in Dame Judith Hackitt’s review of building regulations and fire safety. In the report, which was published in following the 2017 Grenfell Tower tragedy, Dame Judith spoke of the need to create
Responding to official planning performance statistics for 2019/20 published today, trade body Homes for Scotland (HFS) described another overall increase in decision times for housing applications as “hugely frustrating”. Director of Planning Tammy Swift-Adams said: “Despite an 11.5 per cent drop in the number of decisions made on local housing
Life doesn’t require that you hire a lawyer daily, but sometimes you are left with no choice but to retain one for people to take you seriously. For instance, if you suspect discrimination or any employment law violation in your workplace, the best cause of action will be consulting a
If you’ve ever wondered how commercial buildings vary from residential ones, the differences discussed below might provide some insights. Here are the basics: commercial buildings are used to operate commercial ventures (schools, offices, supermarkets and similar businesses) while residential buildings are basically homes where families reside. Before commencing your construction
IT is vital the construction industry educates itself on competition law – according to East Midlands-based law firm Nelsons. The warning comes after two of the UK’s largest rolled lead sheet suppliers – Associated Leads Mills and BLM British Lead – admitted to taking part in anti-competitive arrangements between October
The Institute of Residential Property Management (IRPM) has responded in detail to the Housing, Communities and Local Government Committee’s recent call for evidence on cladding. The call for evidence will inform the Cladding: Progress of Remediation inquiry which is reviewing progress in removing potentially dangerous cladding from high-rise and high-risk buildings, and the adequacy of funding by the Government. The Committee is seeking evidence on the following issues: Is the Government’s new £1 billion remediation fund sufficient to address all remaining concerns in high-rise and high-risk buildings? What lessons should be learned from the administration of previous funding mechanisms? Will the new External Wall Fire Review process for the valuation of high-rise properties be effective in improving access to buildings insurance and mortgage finance for leaseholders? What additional challenges have been presented by the coronavirus pandemic and how might these be overcome? The IRPM response addresses these questions in order. Is the Government’s new £1 billion remediation fund sufficient to address all remaining concerns in high-rise and high-risk buildings? No. The contribution is substantial and warmly welcomed, but it is a small sum compared to the likely cost of remediating buildings to a safe condition. The National Housing Federation estimates that their membership is facing a £10bn bill to remediate buildings in the social and affordable sector. The G15 group of housing associations estimates £6.8 bn for their members alone. ARMA estimate £3.6bn for their private sector members. Until at-risk buildings have been assessed, the final remediation cost will remain unknown but since the size of the private sector is approximate to the social sector, the best estimates suggest a bill anywhere between £12-20bn. However, the scope of the fund is limited to certain types of non-ACM cladding only for buildings above a notional height. It does not include other elements of the external wall system, nor other failings of fire safety such as compartmentation and fire stopping both internally and externally. It is akin to funding one or two new tyres on a car but disregarding the loose wheel nuts, defective brakes and leaking fuel tank. Replacing cladding will not in itself make buildings safe. Within the defined scope of the terms of the fund, it is thought likely that the £1bn fund will require increasing. Further analysis and more surveys will be required to assess by how much. However, if the question is widened to providing safe external wall systems and fire compartmentation in multi-dwelling residential buildings, then it is clear that the £1bn fund is a small fraction of the likely cost. Beyond the scope of the original ACM fund and the later £1bn non-ACM fund are other costs and other buildings. Other costs are: other related remediation costs, e.g. insulation and related fire safety failures. The focus on cladding alone as opposed to the external wall system does not tackle the more complex reality of wall systems. waking watches (typically £3,000 per building per week, £6,000 for a larger building). Around 420 waking watches across the country are wiping out estate reserve funds and being charged back to residents with harmful consequences. Some residents are simply unable to meet these substantial and unexpected costs. ameliorative measures such as temporary alarms. increased insurance premiums and excesses. the human cost. The metrics of this situation seem confined to easily measured financials. It is difficult to quantify the human cost to people whose lives are on hold and blighted personally and financially but anxious residents are suffering a raft of harms including stress, mental health issues, bankruptcy and domestic violence. In addition to the misery caused to innocent residents, some of these costs will crystallise into monetary costs against the state; welfare, policing, health, restrictions on labour mobility, bankruptcy procedures and so on. the time, cost and stress on managing agents, who find themselves involved in the substantial reconstruction of sometimes very large and complex buildings, far beyond their remit and expertise of managing a functional building. They are now dealing with justifiably unhappy residents, an obstructive and protracted system that can prevent them from acting, a [worsening] lack of experts and contractors to survey and fix buildings, and an expectation of providing solutions over which they may not have the authority, the funding or the ability to act. As with innocent leaseholders, managing agents are similarly not to blame for the failure of our construction industry; they are left trying to clear up someone else’s mess. Other buildings: buildings below 18m in height, where government’s own advice (Consolidated Advice Note) recommends buildings of all heights with ACM and HPL cladding should be within the building safety regime. Note, bringing these buildings into scope changes the number of buildings under scrutiny from around 12,000 to over 100,000, a massive leap in scale. Fire, as demonstrated in Barking, Bolton and beyond, does not respect notional boundaries. buildings with external wall systems that are considered a risk but are not covered by the scheme, such as rendered polystyrene. buildings constructed of nominally safe materials but are unsafe due to poor construction, building control and certifications; for example missing fire breaks and inadequate compartmentation. While considering whether £1bn will meet the costs within the limited scope of the fund, it is the costs outside the scope of the fund, which constitutes the majority of buildings and works, that will likely prove the greater concern if we are to make our buildings safe. Going forward, this situation will further crystallise. Dame Judith Hackitt’s Building Safety Programme will require buildings to be certified. Meanwhile, mortgage lenders are now alive to lending only on demonstrably safe buildings. These two drivers will ensure that intrusive inspections will take place on buildings above and below 18m irrespective of the external wall system, whereupon the systemic failures of our construction industry, building regulations and supervisory/certification system will be further laid bare in the coming years, with further remediation costs to follow. Prioritisation of risk, speeding up the process and unlocking the housing market Given the shortages of
Construction companies do not only have the task of erecting buildings on time and on budget. They also have the responsibility to make sure these buildings are fit for purpose and safe for those that use them. With that in mind, there are several safety areas of which construction businesses need to be aware. Keep reading to find out what they are. Building Safety Bill The first thing that construction firms need to be aware of is the Building Safety Bill. This is a new bill brought in by the UK government in response to the Grenfell tragedy. Firstly, the bill outlines better safety features for multi-unit buildings and high rises. Additionally, the Building Safety Bill also extends the amount of time any construction company can be held responsible for non-compliant work. All of which means that safety should be even more critical to construction businesses than it has ever been. Movement within the building When considering construction safety, it is not only the infrastructure of the building, that is important. The way the building design and materials allow movement within it is also vital, as this is an essential part of how users will behave within it. The good news is that there are several features construction businesses can use to make movement around the building as safe as possible. The first of these are stair rails, which support people using their stairs and create a barrier if they do slip or fall. Additionally, installing anti-slip stairs made from resin can help prevent falls and accidents when users move from one area of the building to another. The good news is that such products are good value for money and hard-wearing enough to last for a long time too, making them an excellent investment for construction businesses looking to up their safety game. Non-toxic materials Another vital consideration for construction companies when it comes to building safer buildings is the materials they use. Unfortunately, traditional construction materials haven’t always been the most user friendly, with a trade-off between high toxicity and efficacy. Sadly, building materials with high toxicity aren’t only dangerous to the people using them in building the building. They put the health of the people who inhabit the building at risk too. The good news is that with modern technology, new materials are being created that are much less toxic and perform brilliantly. A particular example of these is the use of hypoallergenic insulation in walls and roofs. Something that keeps the building’s temperature stable effectively, but is much better for the health of the occupants. Location considerations Finally, when it comes to building safety builders, construction firms must always consider factors specific to their working location. What this means is properties built on a flood plain must have additional protection built into their design. The same goes for those in locations at higher risk of fire, erosion, and even earthquakes. If the firm building them wants to maximise the safety of those that use them and ensure that their work stands the test of time.
In the UK as in other parts of the world, there are many rules to follow in case of a road traffic accident. But sadly, not many drivers are aware of these rules, and what they should really do in the event they are in a road traffic accident. If you are involved in a road accident through no fault of your own, you should definitely know what to do. It’s one thing to keep calm, but another to know precisely what is required of you. Here, then, are some of the top questions asked about dealing with road accidents – and the answers. What should I do right after an accident? Any driver in the UK is obligated by law to stop after an accident, regardless of the severity of the accident or who was to blame. If you don’t stop, you could be imprisoned for a maximum of six months, and you can even be fined as well. Additionally, if your vehicle can still be driven, find a place where you can park it. Try to look for a safe area such as the hard shoulder or off the road completely, if possible. Once you have found your safe spot to park your vehicle, you should switch off the vehicle’s engine and turn on the hazard lights. Unless you have injuries that prevent it, get yourself and anyone in the car with you out and to a safe place. If there is anyone who is injured, emergency services should be called right away. What information should be collected after an accident? If you are the driver, you should give your name and address, vehicle details, and insurance information to the other party – or parties – involved in the road accident. With all the pertinent information exchanged between all drivers involved, it may help speed up the claims procedure. You should also report the road accident to the nearest police station within the next 24 hours. You can report the accident online by using the police RTI (road traffic incident) form. Details should also be provided, especially if there has been damage caused to a parked vehicle or property. You should, however, contact the police immediately if there is suspicion that drugs or alcohol are involved. Keep a note of the details of the accident, such as the date and time, the weather conditions, and the name and contact details of any witnesses. If you can, take photographs of the accident scene as well. This is easier to do nowadays as most people have mobile phones, and it will help you with your claim when necessary, as confirmed by road accident claim Gloucester experts like those from Shires Law. If I crash into the rear of a vehicle, is it always my fault? In general, yes, as you should always leave an adequate distance between your vehicle and the one in front. Maintaining a safe distance behind a vehicle allows you time to react and brake if the first vehicle slows down. In light of this, it is unlikely for an insurer to decide that liability for the accident should be attributed to the driver of the vehicle in front of you. If you have any doubts about the legalities of your insurance claim, claiming damages for any personal injuries sustained, and so on, you should seek expert legal advice as soon as you can.
Twelve months on from the launch of a ground-breaking emergency lighting software technology, Abtec Building Technologies (Abtec BT) says it is now as important as ever for building managers and operators to focus on building safety. ARGOHub, a software as a service (SaaS) offering, was launched by Abtec BT last Autumn after five years in development in response to an urgent market need for secure, robust emergency lighting reporting solutions. With post-Grenfell legislative changes continuing to hit the headlines, the subject of building safety – and buildings which fail to keep occupants safe – remains headline news. Most recently, residents raised concerns about the safety of homes in Brooke House, Basildon, where emergency lighting did not work; the leader of Basildon Council said he would “do what he could” to help residents find new homes if they wanted to move.* In the commercial sector, with more people returning to their place of work, Abtec BT believes even greater work is needed to shine a spotlight on the ways in which building users can be assured of safety at all times. Dave Watkins, Director of Abtec Building Technologies, comments: “Building safety continues to need the full attention of our industry – and there must be a ‘no compromises’ approach from building owners and managers. Emergency lighting is about more than the luminaires, and building managers and operators must be sure they can control, monitor and test their emergency lighting systems with ease and confidence. Yet too many buildings reman ill-equipped with outdated systems and testing practices. This means they cannot be relied upon in the event of an incident. “With the recently launched Draft Building Safety Bill, those with responsibility must take a good look at their existing system and ask themselves whether they it is truly fit for purpose. We know from experience that integrating technology such as ARGOHub into building management systems will enhance overall building safety and bring peace of mind to building owners, operators and users everywhere.” Technology solution Launched September last year, lARGOHub allows building managers to maintain a close watch on system performance and respond quickly to actual or potential faults. For clients with multiple sites, ARGOHub can be integrated with Google Maps to provide location-based monitoring worldwide. Fully supportive of the current industry standards, ARGOHub can be tested in accordance with BS EN 50172:2004/BS 5266-1:2016, which specify the minimum provision and testing of emergency lighting for different premises. For more information visit www.argohub.com.
The UK government has recently published a draft landmark bill which is designed to improve residents’ safety in their homes. The Building Safety Bill, which marks one of the biggest changes to building safety in 40 years, will introduce a new era of accountability, making it clear where the responsibility for managing risks lies throughout the design, construction and occupation of buildings. Ambar Kelly welcomes the new set of rules, which will apply to buildings over 18m. Yet are there any loopholes? Whilst the bill provides a framework for accountability and safety, what does it say about risk? The Building Safety Bill gives residents greater agency when it comes to assuring their security. It will enable them to have access to safety information and give them the opportunity to develop safety proposals if they feel their security is being compromised. As such, the bill will introduce tougher sanctions for building owners who fail to meet their obligations. Central to ensuring the regime is effective will be a powerful new Building Safety Regulator housed within the Health and Safety Executive. It will have responsibility for implementing and enforcing a more stringent regime for higher-risk buildings and will oversee the safety and performance of all buildings. What of product testing? Although the bill is an important framework which will hopefully provide greater accountability and safety when it comes to building design, there are some ambiguities. The first and foremost is in regards to testing. Under clause 92 of the Construction Products section of the draft bill, it highlights: “The bill provides powers so that all construction products marketed in the UK fall under a regulatory regime, allowing them to be withdrawn from the market if they present a risk.” Whilst this is important as it will ensure unfit products are not used on building schemes, there is little to no mention of the testing which is needed to ensure these products fit the bill. How are they going to determine which products are a potential risk? In the public inquiry for the fire which tore its way through King’s Cross underground station in 1987 it was stipulated that going forward, combustible and flammable materials cannot be used on a development. The inquiry came to this conclusion as the cause of the fire was said to be a discarded match which had caught on the wooden escalators that had been in use for over 76 years. We all know that wood is a highly flammable material, so it beggar’s belief how that was deemed appropriate for all those years. But risky materials are continually put into use when it comes to riser shaft design. GRP grating is regularly installed within riser shaft design, as it is a cheap product that is widely accepted as preventing falls from height. Its effectiveness is questionable, however. When installed in a riser’s chimney-style environment, GRP grating with an Iso resin is found to be extremely flammable. It is an oil-based product which readily burns. This makes the BS 476-7 classification unsuitable for its use within a riser shaft. With safety at stake, why is this material used in high-rise construction? Why aren’t Phenolic GRP (identifiable, as it is red/brown in colour) or steel modular riser flooring units used? In my opinion it is because the testing is not rigorous enough. Iso resin GRP grating is said to meet BS 476-7, the regulation relating to the measure of the surface spread of flame, but only in flat sheet form, tested vertically (so grating cannot meet that test). Although Iso resin meets these tests on paper, when installed in its real-time environment the reality is far different. The bill must therefore, place greater emphasis on improving product testing as the current framework contains too many loopholes which compromise safety. Ambar Kelly has undertaken evidence-based, independent fire tests in the environment in which our product, RiserSafe® will be employed. Our tests were carried out in the Building Research Establishment (BRE) fire hall in Watford. It was found that when RiserSafe® is used in combination with a fire compound, two hours of horizontal fire protection is achieved. We can make factory-based load tests of up to 2.5 kN/m2, to ensure that our product works as a barrier to the spread of smoke and flame. It must be said that the draft Building Safety Bill represents a monumental step-change for the construction industry in terms of safety. It will go some way to inciting change for the better. My main concern however, is in terms of product testing, an area which the bill has evaded. Testing is of primal importance to ensure construction products hit the mark on safety. If it isn’t made an essential consideration, where does that leave the industry?
Building Passports as a means of certifying key information about a property are an extension of recommendations made in Dame Judith Hackitt’s review of building regulations and fire safety. In the report, which was published in following the 2017 Grenfell Tower tragedy, Dame Judith spoke of the need to create a ‘golden thread’ of data about a building for a supply chain of stakeholders from architects to engineers, through to building safety managers and end users. And whilst this ‘thread’ applied specifically to high-rise buildings, it has given credence to the idea that the same informative package could be produced for regular housing. So, how would a building passport work, and how useful might it be in addressing issues relating to the UK’s energy deficient housing stock? In essence, a building passport would be a constructional blueprint of a property. This would include information such as the thermal standards a property was built to – and that it achieved those standards – and the type of materials that were used to build it inside and out. Accessible to housing and building authorities, such data would be crucial to ensuring all homes within a new development, for example, were built to the same standard. It would also provide householders with a clearly-defined, certified baseline upon which to improve on their home’s energy performance, should they so wish. Call to action For easy accessibility, building passport data would be held digitally. This would lead in all probability to terabytes of information needing to be stored securely but accessibly. This information would need to be kept up to date when changes to the building are made, such as changing the boiler or building an extension, so it remains accurate and relevant to the building. The Insulation Manufacturer’s Association estimates more than 3,400 homes would need to be upgraded per day from now until 2035 in order to meet the government’s target for EPC band C for homes . Unfortunately, the necessary renovation work is nowhere near starting; a fact which is made all the more lamentable by the persisting instance of houses being built to outdated regulations. In my opinion, the government should be tackling the issue of Britain’s poorly-insulated homes with the same vigour it applies to other public endeavours and displays of national infrastructure investment. Easy access Having outlined the likely logistical issues involved with processing and storing a huge amount of building passport data, it is worth pointing out that the information is already available – it’s just a case of collating it. BIM, EPC certificates, U-value calculations and supporting data sheets are a basis for modern housing developments. If accessible in one easily downloadable digital space, this information would make retrofitting or altering a property to an acceptable standard a far more straightforward prospect. In her review of building regulations and fire safety, Dame Judith makes it clear that the UK construction industry requires a sea change in culture and practice to improve its all-round standards. Initiatives such as the building passport would certainly represent a positive break from tradition, as it would remove the element of guesswork involved in increasing a property’s energy efficiency. In knowing what a home’s performance is to begin with, small changes could be made to further improve it. And small changes on a mass scale could make a huge difference to the country’s emissions count. The government has shown favour to Dame Judith’s golden thread in relation to high-rise buildings, so it’s hoped the same accord will be bestowed upon a similar scheme for standard properties. As stated, upgrading nearly 30 million poorly-insulated UK homes represents an almighty challenge. Therefore, the imminent issue of building passports for new properties offers an easier option. It would mean we wouldn’t be adding to an already serious problem.
Responding to official planning performance statistics for 2019/20 published today, trade body Homes for Scotland (HFS) described another overall increase in decision times for housing applications as “hugely frustrating”. Director of Planning Tammy Swift-Adams said: “Despite an 11.5 per cent drop in the number of decisions made on local housing applications (defined as being for less than 50 homes), the time taken to make those decisions crept up for the second year running. “This is concerning given that these small developments are, by nature, the lifeblood of SME home building businesses – a sector supported by Scottish Government loan funding during the crisis, but also needing local government support if it is to thrive”. “Things are no more positive for major housing applications (those for 50 or more homes), decisions on which were two weeks slower than the previous year at 37.5 weeks – more than double the 16 week statutory timescale.” “With all of the consultation and discussion time that has gone into improving the planning system, it is extremely frustrating to see this evidence that improvements are just not emerging on the ground.” “And, of course, we also await the Scottish Government’s decision on whether planning application fees will be increased again. This decision, and the timing of its implementation, must be made in the context of this performance – with home builders currently receiving some of the poorest service across the system whilst already paying the lion’s share of fees.” Swift-Adams also points to the Scottish Government’s new consultation document proposing changes to Scottish Planning Policy. These include removing the principle that planning applications that will help solve housing shortages should be looked upon favourably by decision-makers. The paper also seems to suggest that planning authorities should focus more singly on allocating their preferred sites and pay less regard to whether or not the homes that are needed are actually going to be built. She continued: “Scottish families and communities don’t need housing land. They want real homes to live in, and more of them. That requires a better functioning system and policy that encourages local planning authorities to ensure the sites they choose for housing development can and will be delivered. With the housing market showing encouraging signs post-lockdown, now is the time for local authorities to work closely with home builders to deliver the homes required.”
Life doesn’t require that you hire a lawyer daily, but sometimes you are left with no choice but to retain one for people to take you seriously. For instance, if you suspect discrimination or any employment law violation in your workplace, the best cause of action will be consulting a top employment lawyer to help you understand the cause of your claim. Employment law is complex, and you would want someone who has studied and practiced the same for years on, if not decades. Moreover, your employer ordinarily has more money than you and will probably retain a counsel before you. Therefore, it only makes sense if you lawyer up from the word go! It is important to note that you don’t have to wait for an official termination letter from your employer to hire a lawyer. A reasonable employment lawyer will help you analyze the employment law challenges at your workplace and offer possible advice or resolutions that can help you avoid a bigger dispute altogether. After all, you are hiring a lawyer to try to rectify a problem and not spark a battle. So, what are the reasons that should prompt you to retain an employment lawyer? Well, they include but aren’t limited to the following: Suspicion of employment law violation You might be working at a frustrating place, and you come to conclude that it is your employer who is violating the employment law to intimidate and get the most out of you. It is important to understand that frustration doesn’t equate to illegality. Maybe the place is evidently daunting, but the circumstances and conditions are completely legal. Instead of spending much money and time filing for an immediate complaint, it would help if you first hire an employment lawyer to investigate your suspicion and determine the best options for a response without further legal loopholes. Establishing legal claims Not all employees understand the extent of the employment law and will often confuse opinions and suggestions for the actual law. You should retain an experienced employment lawyer before pursuing your legal options to determine the exact claims that you are dealing with. Lawyers charge a constant consultation fee, and you’ll only be required to pay more if you choose to retain full services Employer interaction Your employer will always take your direct complaints for granted until you show some level of seriousness. Instead of always trying to prove your point with the company’s handbook, try and retain a lawyer, and the employer will have your full attention. Review your employment agreement Most people sign contracts under duress and unnecessary pressure, especially when they are threatened that the jobs might be awarded to someone else who is “needier”. Therefore, it is common to find employers agreeing to clauses and phrases that they either interpret wrongly or don’t know their meanings at all. If the job is a high-gear net, it will be best to let your lawyer evaluate and explain the employment terms. Remember, one term this is favorable to another employee might be controversial to you. It is better to go there knowing what you are walking yourself into. Negotiate case settlement Lastly, you might want to hire an employment law attorney to negotiate case settlement, especially after determining that a clause in your employment agreement has been violated. You will want to air your thoughts and best interests without feeling trapped in an emotional bubble. Moreover, you might also want to get the settlement and still continue working with the same employer, and so a feeling of hatred and animosity between the two of you will not help in any way. Lawyers are trained to negotiate professionally without losing their cool. Your employer will also likely accord your lawyer more time and respect than if it was only you in the negotiation table.
If you’ve ever wondered how commercial buildings vary from residential ones, the differences discussed below might provide some insights. Here are the basics: commercial buildings are used to operate commercial ventures (schools, offices, supermarkets and similar businesses) while residential buildings are basically homes where families reside. Before commencing your construction project, it’s important to hire an experienced contractor with an enviable track record in providing quality construction for commercial buildings. Conducting some thorough research beforehand is also essential. Here are 5 major differences between commercial construction and residential construction: The materials used to construct commercial buildings are slightly different from those used to build residential houses. They both have different structural needs: residential buildings are often smaller than commercial ones, hence require less reinforcement. For commercial design application, you will require sturdy steel and concrete framing that guarantees better fortification. You’ll also need to consider three-phase electricity installation during the design phase. Residential construction is less complicated. Timber framing and single-phase electrical designing will usually suffice. Another key difference between commercial and residential construction is in their permits. Commercial buildings usually attract stricter regulations than residential houses. Regulations may vary from design to materials and plumbing systems used. If you wish to succeed as a commercial contractor, ensure you learn the ropes as far as permits and regulations are concerned. The biggest perk of residential construction is the lenient regulations employed by the government. Most residential buildings are small and incorporate simple designs, making them less problematic to erect. Every construction project must have a unique set of timelines. However, residential construction typically has longer and more flexible timelines than commercial construction. Homeowners prefer taking their time when building their dream home. This provides them with more freedom to make vital construction decisions as and when they deem fit. Commercial builders, on the other hand, desire to complete the project as quickly (and as efficiently) as possible. Commercial contractors often have to deal with smaller budgets and stricter timelines. Large scale commercial buildings require the utilization of heavy machinery such as bulldozers, earth movers and forklifts. Such machinery has to be operated by experienced personnel in order to optimize quality and maintain relevant safety standards. Residential buildings, on the other hand, don’t require heavy machines or specialized skills. Smaller DIY building projects can even be learnt online and completed successfully if you have the time. In addition, accidents that occur during residential construction are easier to fix and rarely end up in lawsuits when compared to commercial mishaps. Commercial properties generally require more insurance than residential buildings. As a commercial contractor, you’re required to comply with all state and national certifications to avoid getting slapped with penalties. Commercial contracts are usually lengthier and more complex than residential ones. Warranties and surety bonds are essential elements of every commercial construction contract, especially when you’re dealing with government work. These are just some of the key differences between commercial and residential construction.
IT is vital the construction industry educates itself on competition law – according to East Midlands-based law firm Nelsons. The warning comes after two of the UK’s largest rolled lead sheet suppliers – Associated Leads Mills and BLM British Lead – admitted to taking part in anti-competitive arrangements between October 2015 and March 2017 following an investigation by the Competition and Markets Authority (CMA). As part of an agreement reached with the CMA, the two firms could face fines of more than £11 million. Following the investigation, which started in July 2017, the CMA has issued revised provisional findings indicating that Associated Lead Mills and BLM British Lead were part of anti-competitive arrangements that included: Sharing the market, including by arranging not to target certain customers; Colluding on prices; Exchanging commercially sensitive information on prices; and Arranging not to supply a new business that risked disrupting the firms’ existing customer relationships and which was a potential competitor in the market. Emma Ward, partner in Nelsons’ dispute resolution department, who is Midland Lead’s solicitor, said: “The admissions and the CMA’s provisional findings are strong reminders that companies need to understand the obligations imposed upon them by competition law. “An infringement of competition law can occur at any level in a supply chain, with anti-competitive practices ultimately depriving customers of the efficiency, innovation and fair pricing that fair competition encourages. In addition, such practices can make it extremely difficult for other businesses that aren’t part of the arrangement to survive and grow. “If you believe that your business has suffered a loss as a result of anti-competitive practices, then you could have a right to claim compensation.” Midland Lead – a family-owned company that has been manufacturing machine cast lead for the past 37 years – is actively against cartels, stating that they not only tarnish the reputation of the industry, but also cheat customers. Boudewijn Tuinenburg, managing director at Midland Lead, said: “We hope that the outcome of CMA’s investigation and provisional findings send a warning to the construction industry of the importance of understanding competition law. “We have never been a part of the arrangements between Associated Leads Mills and BLM British Lead or arrangements with any other rolled lead sheet manufacturer and we pride ourselves on operating with integrity. We work independently and welcome competition as we know it encourages innovation and pushes for excellence in customer service.” Lynn Street, marketing and sales manager at Midland Lead, added: “We have successfully grown our business in the UK and overseas by being innovative, customer-focused and providing high quality products in an ethical manner. “Together as one industry sector, we can promote lead, share innovative ideas and fund research. However, the fact of the investigation and the provisional findings mean that as an industry, we will never be able to sit down in one room without suspicion – and that is unfortunate for the entire industry.” According to research commissioned by the CMA in 2018, 77% of UK businesses admit to not understanding competition law, with 79% of respondents stating that they regularly meet with rivals in social situations. Emma said: “It’s important that businesses understand the rules. An anti-competitive arrangement can be reached informally over a beer – it doesn’t need to be documented by a formal, written agreement. The informal nature of some business deals, coupled with the lack of knowledge, means that there is a real risk of crossing the line. “The CMA can investigate if it has reasonable grounds to suspect there has been anti-competitive behaviour. The investigation itself can be stressful as the CMA can demand information (backed by sanctions of a fine if the request is not complied with), attend premises unannounced and require that questions are answered by any person connection with the business – from temporary staff, through to the MD. “If competition law is found to have been infringed, the consequences are serious and can damage a business as well as an individual’s career. Companies can be fined up 10% of their annual worldwide turnover, individuals can face prosecution, and directors can be disqualified. Businesses can also suffer reputational damage. “Proactive compliance is essential. It’s important to make sure that your business has a written competition law compliance policy and detailed staff training programme in place. A major risk factor is a lack of internal competition law awareness within a business, so these are vital to avoiding serious penalties. “If you think you or your company might have been involved in cartel activity, seek legal advice on how best to minimise liability. The CMA has a leniency programme – this allows a party to anti-competitive conduct to avoid fines and prosecution in exchange for reporting the arrangement and cooperating with the investigation.” Another firm, Calder Industrial Matters, remains under investigation in relation to one of the arrangements and continues to strongly deny the allegation. In its provisional findings, the CMA alleged that Associated Lead Mills, BLM British Lead and Calder Industrial Materials – which together account for about 90% of the rolled lead market and were former members of the Lead Sheet Association – entered into a cartel to share the market among themselves. However, the CMA has now revised its provisional findings stating that there was not a single overall cartel arrangement but four individual arrangements that broke competition law. For more information on resolving commercial, business and intellectual property conflicts, please visit www.nelsonslaw.co.uk/business-disputes or call 0800 024 1976.