Aberdeen

If you dispute – don’t litigate, mediate

We don’t know just how many construction contracts end in dispute, but it’s plain to see the sector is far more prone to legal wrangling than other spheres of business. The issue was officially recognised with the launch of the Conflict Avoidance Pledge, which aims to change behaviour in the

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Aberdeen Cancer Hospital Approved

Proposals to create a new £120 million cancer treatment centre and hospital in Aberdeen have been given preliminary approval. Aberdeen City Council planners have backed plans to develop the Baird Family Hospital and the Anchor Centre at Foresterhill Health Campus. At least 10 buildings are set to be built for the

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Latest Issue
Issue 325 : Feb 2025

Aberdeen

Final Call for Construction Case Studies and Property Projects for New Aberdeen Conference

The final call for potential speakers from within the construction industry, who are willing to share their knowledge, experience and lesson’s learned with their industry peers at Aberdeen’s first construction conference, will take place at an evening reception at CMS on Tuesday 14th August, 6-7.30pm. The main purpose of the event is to officially launch Build It Aberdeen, a conference and exhibition being organised by Mearns & Gill in partnership with The Aberdeen Association of Construction Professionals, Aberdeen Society of Architects, Aberdeen Association of Civil Engineers, Royal Institute of Chartered Surveyors and Women in Property. Build It Aberdeen, which takes place on the 30th November at AECC, and which has the theme ‘Building the Future Together’, aims to directly address some of the challenges currently being faced by the industry. Speakers are invited to share details of educational and inspiring case studies and projects, along with new innovations and solutions, each helping to put the North-East construction and property industry on the map. The full conference programme will be released in early September, with speakers from Aberdeen City Council, Construction Industry Training Board, Construction Scotland Innovation Centre, Equate, Homes for Scotland and The Scott Sutherland School of Architecture and Built Environment already confirmed. Michelle Forth, Director at Safety Scotland and Chairwoman of the Build It conference committee said “We are absolutely delighted with the support that Build it Aberdeen has already received from individuals and businesses across the North-east. The positive response has reinforced our view that it is the right time for us to come together as an industry, to share our experiences, skills and lessons learned, and to begin looking at building the future of North-east construction together.” “Collectively, we are already aware that we need to address issues such as the skills-gap, and a reluctance to embrace innovation within construction, and the launch event on the 14th of August will give companies the opportunity to see what role they can play at the inaugural conference on 30th November. We will also be sharing details of some of the key speakers that we have confirmed for the conference, as well doing the last push for potential presentations.” Spaces at this event are now limited, and if you would like to secure yours, please email isla.stewart@mearns-gill.com by Friday 3rd August.

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Construction sites: how to ensure the safety of the public

If you are in charge of a construction site, your duty of care extends to the public. Any time that you need to carry out a form of construction work where members of the public could come into contact with workers and areas of higher risk, it is necessary for you to take steps to protect them as best possible. Avoiding accidents can be simple, as long as you take sensible precautions. So let’s take a look at some of the best things you can do to keep everyone safe. Setting up boundaries With any kind of construction work, the first step that you need to take in order to best protect the public is to set up boundaries. Excluding the public from high risk areas is the best way to keep them away from any potential danger. There are a number of steps that you need to carry out to have proper boundaries erected. Start by planning exactly where you need to block off in order to keep people safe – it may be the case that this infringes on public spaces such as pavements, and this would mean your project would need to be approved by the local council. You can look into the fencing options available as well as any other kind of physical boundaries that may be required. South East based civil engineering specialists Maltaward recommend steel palisade fences for boundaries on construction sites. Working at height – think about below Remember that it is not always possible to cordon off the area for pedestrians and members of the public, and there are situations where it is simply unavoidable that the public will come into contact with areas of construction. In these situations it becomes important for you to take precautions to protect people. For example, one of the major dangers for the public on constructions sites is when there are people working at height above them. This sets up the obvious risk that tools, building materials or other debris could fall from height and hit the people below. You would then have to put plans in place to reduce the risk as much as possible by having netting as well as clear signage. The challenges of site deliveries One aspect of construction sites that can be overlooked is the fact that deliveries will need to be made to the site, either bringing or removing materials, as well as other vehicles that may have to enter or leave the site at any time. It is essential that during deliveries that pavements should not be obstructed, as this could possibly force pedestrians into the road. Ensure that if vehicles need to enter the site, they will have space to do so and that the pavement is still accessible. Or alternatively, you could make arrangements with the council to close the footpath and make additional space available for pedestrians. Correct scaffolding Any scaffolding or access equipment that is required for construction has not be erected and dismantled, and this can be high-risk time for members of the public. Even though it may be that no construction work is being carried out, the same due care and attention needs to be taken to ensure that no injuries occur. Storage of materials and tools It is additionally worth remembering that it is not only the actual construction work that can pose a potential risk to members of the public. Just the tools and the materials that are used in construction can be dangerous if left unattended. That means that anything used on the site should be safely and securely stored when they are not being used. Make sure that the site has a secure area for storage that can be locked and is not accessible to the public. Aside from the risk of theft, tools and construction materials can present risks to members of the public. Protecting the vulnerable It is important to point out that with any kind of safety procedures you should take time to remember more vulnerable members of the public. Children, the elderly and the disabled will have specific needs that you need to consider when correctly protecting them from the risks of construction sites. For example, children might be interested in playing on construction sites and may even be able to get restricted areas due to their smaller size. Consider this when you are setting up your fencing.

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If you dispute – don’t litigate, mediate

We don’t know just how many construction contracts end in dispute, but it’s plain to see the sector is far more prone to legal wrangling than other spheres of business. The issue was officially recognised with the launch of the Conflict Avoidance Pledge, which aims to change behaviour in the land, property and construction industry by getting firms to look at their working practices and the way they deal with disputes.  I spend much of my time advising clients how to avoid disagreements by understanding their contracts and having proper administration in place, but I also spend a lot of time helping to solve cases that have reached the courts. My own experience reflects the wider picture that many of these arguments could have been settled without formal litigation, and without the associated costs. It is startling how eager developers, contractors and joint venture partners are to take each other to court, even when there are initiatives designed to encourage them to seek alternative resolutions. Both parties in a dispute are supposed to at least consider mediation before commencing proceedings, but they can circumvent the Pre-Action Protocol for Construction and Engineering Disputes by mutual agreement and routinely do so. Often, contracts stipulate that parties should seek mediation in the event of a dispute, but it’s not mandatory and generally the clause gets ignored. But look at what happens once you head for court. As the aggrieved party, you complete a form and send in a court fee. In the construction sector, we’re used to dealing with big numbers, but even a relatively modest £100,000 claim will usually mean a court fee of £5,000, and it rises proportionately. Next, you send your claim to the court. The other party responds. The judge tells you both to go to see a mediation service. Given that 90 per cent of cases get settled at mediation, surely it would make sense to circumvent the court process and, for a fraction of the court fee, go to mediation. Another huge benefit of mediating is the time it takes to resolve a case, usually only one or two days. Compare that with the average length of time it takes a case to get resolved in the UK courts, which according to one report is 12 months. In the UK, we supposedly have a fast track court process, but while it may be swifter than similar systems elsewhere, it is certainly a stretch to describe it as fast. Why are firms reluctant to mediate? One reason is that one party or another in any dispute may simply hope the problem goes away before it comes to the crunch and they have to face the judge. Another is that mediation may seem unfamiliar. Yet mediation is not uncommon in the construction industry. As I mentioned earlier, cases that reach the courts routinely wind up in mediation. This is because official guidance states that courts should encourage parties to use alternative dispute resolution, which almost always turns out to be mediation. Independent mediators are there to get a discussion going so that the parties can resolve their differences. Unlike with the brutal winner and loser scenario of a court judgement, this can enable the business relationship to continue. I fervently believe that prevention is better than cure, and I would urge contractors to get expert advice on contracts, establishing programmes and setting up proper administration. However, if things do go wrong, I would urge everyone involved in a dispute to consider mediation as the first point of call. In fact, I am so passionate about the concept that I have just become an RICS Accredited Mediator. www.mpgqs.com By Michael Gallucci LLM MRICS MCIArb MAE, Managing Director, MPG construction consultants

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Grandhome Trust to Build Over 600 Homes in Aberdeen Thanks to £7.9m Loan

The Grandhome Trust is set to build more than 600 houses in Aberdeen after a £7.9 million housing loan provided by the Scottish Government. This is phase one of the Grandhome site which has been given planning permission in principle for a 4,700 home community that will include leisure, retail, commercial and public space. For 2016-17, the Scottish Government’s Housing Infrastructure Fund has up to £50 million of loan and grant funding available to help unlock strategically important housing sites throughout Scotland. This year, Aberdeen City has already had their Affordable Housing Programme allocation pushed up to £10.9 million, which is an increase of 70% on last year. The Housing Infrastructure Fund is also considering other projects from throughout Scotland. Housing Minister Kevin Stewart paid a visit to the Grandhome site and he commented: “I am really pleased the first loan from this important Scottish Government fund is being used to unlock a key housing site. The first phase of 600 homes will include at least 90 affordable homes. “Today’s announcement underlines this Government’s determination to increase the pace and scale of development to deliver more homes. I look forward to further loans and grants being granted to projects across Scotland. “We have listened to our partners and are putting in place measures to support the increase in the supply of homes across all tenures, support jobs in the construction industry, and encourage inclusive growth in the wider economy. “We have committed to deliver 50,000 more affordable homes, with 35,000 available for social rent, over the next five years, backed up with investment of more than £3 billion. Projects such as this one today marks another step on road to delivering that pledge.” Meanwhile, Grandhome Trust trustee, Bruce Smith, said that the new community of Grandhome has been in the planning for over 10 years and the delivery of phase one infrastructure is a key milestone for them.

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Aberdeen Cancer Hospital Approved

Proposals to create a new £120 million cancer treatment centre and hospital in Aberdeen have been given preliminary approval. Aberdeen City Council planners have backed plans to develop the Baird Family Hospital and the Anchor Centre at Foresterhill Health Campus. At least 10 buildings are set to be built for the hospital site over the next five years as part of a total investment of £150 million. The Baird Family Hospital, Designed by Archial NORR, will include maternity, gynaecology, breast screening and breast surgery services. A neonatal unit will also be constructed on site, along with an operating theatre suite and research facilities. A contractor and design team will now be appointed to carry out the work after the decision. NHS Grampian project director, Jackie Bremner, said she was delighted the proposals were approved. She commented: “Plans for two important new developments on the Foresterhill Health Campus have taken a step forward with planning in principle approval from the Aberdeen City Council planning department. “The project team is in the process of appointing a contractor and design team. “Once appointed later in the year, detailed planning for these exciting developments can get under way. “The initial agreement was approved by the board of NHS Grampian, the health and social care directorate and the Scottish Government in September 2015. “The next important stages for these developments scheduled during 2016 are the submission of an outline business case, full planning application and thereafter full business case.” Meanwhile, work on the long-awaited visitor car park is set to begin next week. The £10 million, 1,000 space facility at ARI was approved by the council last month and is due to be completed in July next year. Construction had been set to get under way earlier in the month but was delayed while the final appearance of the car park was agreed upon.

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