Managing shortages

Managing shortages

With shortages dominating conversations, today, FIS hosted a webinar to help review where we all sit contractually.

To kick us off we were joined by Ruth Wilkinson, Legal Director at Hill Dickinson who discussed the challenges that businesses in our sector face, including:

  • What is happening on the ground and the position that clients and contractors are taking on potential delays and price variation.
  • Fluctuations and common provisions are made in standard contracts.
  • How to deal with existing work and contracts.
  • How to manage risk and structure negotiations on your next contract.

Damian James, Delay and Quantum Expert, then focussed on the impact of delay, distruption and rising costs and how to effectively manage your contractual position through this time of shortage.

    Further support and guidance is below:

    FIS Latest Statement on Shortages (to support your negotiations)

    FIS Contractual and Legal Toolkit (including template resources to support notifications and management of delays)

    RICS Conflict Avoidance Pledge (please consider signing it).

    FIS Insurance Survey (Our plan is to scope out a new approach, possibly even establishing a mutual insurance company – all pie in the sky unless we have the data.  We have received a good response, but have broken the project down into gateways and need a strong response before we can progress to the next level and start committing resource).

    Open statement following latest announcements of further shortages in gypsum products

    Open statement following latest announcements of further shortages in gypsum products

    The finishes and interiors sector is facing unprecedented material shortages and inflation in a number of areas (including gypsum products, steel, fixings, insulation, sealants and adhesives and timber).  In the wake of this, FIS is urging the supply chain to heed the advice of the Construction Leadership Council and apply the lessons learned in 2020 about working in partnership and collaboration.  This is a issue for the entire supply chain, but specialist contractors are reporting these acute challenges are being ignored in the wake of pressure to simply maintain programme.  This is unacceptable, we need to be working together, alert and reactive to the challenges on the ground and focussed on the very real risks of undermining specifications, warranties and even compliance and, at the same time, destroying businesses in our rush to get the job done.

    Too often in difficult times, construction gets contractual and adopts a siege mentality, parcelling up and forcing risk down the supply chain with distorted standard contracts that include fixed prices with no scope for fluctuation and rely on overly punitive delay clauses to force people to press on at all costs.  The much talked about transformation needs to be built on sustainable and supportive supply chain partnerships and must start now.

    We need complete transparency and clear communication from suppliers and to support a structured dialogue with clients, working together to help them to understand that these events are beyond the control of individual companies and ensuring that we work together, flexibly, to resolve and manage supply and pricing issues rather than leaving SMEs in the supply chain to swallow all of this risk.

    Our supply chain has had an unprecedented and difficult year, we need to nurture it back to health, transcend these old and punitive ways or we will drive people out of business to the detriment of all.

    FIS is maintaining information on shortages and their impact on the supply chain on here.  If you feel you are being treated unfairly or have information to share or require any information to support your negotiations with clients, please don’t hesitate to call Iain McIlwee on 07792 959 481 or email iainmcilwee@thefis.org

    The Construction Leadership Council has also issued a statement regarding shortages, which can be read here

    FIS Webinar 15th June, Midday – 1pm: Managing your business in a time of shortage – book your place here

    FIS is urging all companies in the supply chain to support the Construction Leadership Council endorsed Conflict Avoidance Pledge as a demonstration of commitment to a healthier approach to working together as a supply chain.  Sign the Pledge Here.

    Product Shortages ‐ CLC Statement

    Product Shortages ‐ CLC Statement

    The CLC Product Availability Group has issued a statement on the availability of construction products, which confirms that demand will remain high throughout 2021 and urges ‘all users [to] plan for increased demand and longer delays, keep open lines of communication with their suppliers and order early for future projects’. It highlights timber, steel, polymer supplies and coatings as materials of particular concern, with both timber and steel experiencing very strong global demand.

    Build UK is working with the Chartered Institute of Procurement & Supply (CIPS) to monitor the availability of construction materials post‐Brexit. There are no products currently RAG‐rated ‘red’, with most manufacturers reporting that the mitigation strategies they put in place have avoided significant delays or shortages, and they will continue to hold extra stock this quarter to ensure continuity of supply.

    Timber shortages

    Timber shortages

    The impact of coronavirus has caused significant disruption to international supply chains and resulted in a substantial reduction in stocks of wood and timber products. The UK is currently experiencing long lead times, with limited availability for immediate sale, and structural timber and plywood are of particular concern. Members are advised to identify all elements of work that use timber products, contact suppliers, and look at how delays may impact project timelines following the end of the transition period.