Lens Blog Archives

Lens Blog – Navigating the Turbulent Waters of the UK Construction Industry

by Oscar Venus | 30 Oct, 2024 | Insurance, Lens Blog

What an absolute rollercoaster the construction industry in the United Kingdom has experienced in the last 4 to 6 weeks, and I want to talk about some of the issues that I see that have emerged, and to consider what may happen in the future.

The background of course has been the demise of ISG Construction Ltd in administration in the latter part of September 2025 and the Administrators have published a Statement of Affairs which makes absolutely grim reading with the supply chain being owed significant sums of money and they are not likely to receive anything. In my next Blog I may be able to update readers on what has emerged but as at 26 October 2024 it is not clear how some of these major projects will be recommenced and completed and what the impact will be on the supply chain.

In the past few days, we have seen the fallout of two subcontractors also going into administration as a result of the amounts of money that they were owed. As to whether or not there were other issues affecting these organisations, remains to be seen.

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Lens Blog – Don’t sign your life / company away

by Clair Mooney | 28 Aug, 2024 | Contractual and Legal, Lens Blog

Len’s consultancy has never been busier dealing with so many commercial and contractual issues for clients – a sign of the times as financial pressures continue to mount within the UK construction industry.

A consistent problem is the price that so many contractors are now paying for entering into contractual terms some time ago, with the problems coming home to roost now because sadly they’ve entered into contracts that have significant amendments and onerous and unfair provisions, and they are now having to fight their way out of a difficult situation, because of this.

In this article, Len provides some advice to help members to avoid getting into a contractual mess, as they chase work opportunities.

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Should I sign a Contract for Design, in whole or in part?

by Oscar Venus | 1 Aug, 2024 | Contractual and Legal, Lens Blog, Main News Feed

FIS is seeing a concerted attempt to increase work administered under Contractor Design Portions (CDP). This is an area of growing concern for the sector as it pushes more risk into the supply chain without adequate controls to co-ordinate the design development process effectively.

If you are being confronted with a contract that transfers Design Liability, the first questions to ask is:

What are you being asked to design?

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Lens Blog – Contractually Speaking: Views from the front line

by Oscar Venus | 31 May, 2024 | Contractual and Legal, Lens Blog

During the course of the last few weeks, Len has received significant communication from FIS members. Here he higglights various challenges and potential solutions. A key resource recommended is the CICV Best Practice Guide (BPG), which offers valuable insights for addressing payment and cash flow issues. Implementing the Guide’s recommendations, including incorporating Payment Schedules into contracts, can greatly mitigate potential disputes.

These schedules clearly outline submission and payment deadlines, ensuring adherence is crucial to avoid complications later on. Detailed applications for payment, supported by comprehensive documentation, are also stressed in the BPG to facilitate smooth processes.

Regular engagement with contractors and clients post-submission is advised to address any concerns promptly. By following these guidelines diligently, businesses can safeguard their commercial interests effectively.

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Lens Blog: Learn to say, No

by Clair Mooney | 21 Feb, 2024 | Contractual and Legal, Lens Blog, Main News Feed

FIS Consultant Len Bunton shares his thoughts on why businesses should learn to say, No.

Len’s message is that businesses should not accept onerous contract clauses that increase risk, extended payment periods, or contra charges to name a few.

In this blog, Len has set down a list of things that businesses in thge sector should be saying no to.

Adopting some of the statements should help you to manage the commercial aspects of projects much more efficiently and profitably. In my experience there are plenty of good employers and contractors out there who will look after you and who have long-term building programmes, and who will value your input, and who will want you to help them build successful projects on cost, on time and to a high quality.

Be selective of who you work for, and find out which organisations have long-term building programmmes, with whom you can build a successful relationship.

Len Bunton, Bunton Consulting

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These monthly Blogs are designed to help FIS Members avoid common traps and build on our focus on collective experience. They share ideas about improving the commercial management of your contracts. In other words, instilling best practice into the way FIS members run and manage their business. What I have endeavored to suggest is ways to ensure you get paid on time, and what you are due.

Lens Blog: It’s all about survival

by Clair Mooney | 9 Nov, 2023 | Contractual and Legal, Lens Blog, Main News Feed

FIS Consultant Len Bunton shares his concerns about the payment and cash flow issues in the construction industry in the UK.

“Everybody who reads this will be acutely aware of difficulties in the current marketplace, and what I would like to do is to share some recent experiences and to highlight some recommendations to allow businesses to find a way through an exceedingly difficult period.

“What we have experienced recently as a number of significant failures of contractors and subcontractors in the UK, and there is no doubt that these failures result in a trail of devastation for the supply chain who have been involved. What members need to do is to minimise risk. I have recently been involved with a number of FIS members in dealing with payment and cash flow issues, and the level of difficulties that are being experienced is extraordinary and after 40 years in this industry I do not think I have seen so many issues arriving on so many projects.

Here, Len provides some suggestions and recommendations for you to take on board.

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These monthly Blogs are designed to help FIS Members avoid common traps and build on our focus on collective experience. They share ideas about improving the commercial management of your contracts. In other words, instilling best practice into the way FIS members run and manage their business. What I have endeavored to suggest is ways to ensure you get paid on time, and what you are due.