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FIS responds to latest Government consultation on offsite construction

by | 26 Feb, 2019 | Main News Feed

FIS responded in February to the latest Infrastructure and Projects Authority (IPA) consultation on the role of offsite construction in continuously improving the delivery of major government projects. This consultation builds on both the Farmer Review and The House of Lords’ Science and Technology Committee’s July 2018 inquiry into Offsite Manufacture for Construction looking at innovative construction practices that deliver better outcomes in terms of productivity, predictability and attacking the skills crisis.

In our response FIS reminds the IPA that offsite is not just about structures, but through the use of pre-manufactured systems (e.g. bathroom pods and other interior systems) has potential to support productivity in the interiors sector.  FIS calls for recognition that earlier engagement with the supply chain to ensure buildability is critical and rather than value engineering individual projects, looking at multi-project partnerships with a consistent supply chain approach would help to create the necessary economies of scale to drive investment in off-site opportunities.

This is becoming an increasingly important emerging subject for FIS to focus.  We are interested to hear from members case studies, examples of best practice or problems encountered as they start to encounter and develop offsite solutions.  Please send examples, comments and thoughts through to joecilia@thefis.org

Scotland issues Building Standards consultation – Changing Places Toilets

Scotland issues Building Standards consultation – Changing Places Toilets

by | 26 Feb, 2019 | Main News Feed

Scotland has issued a Building Standards consultation – Changing Places Toilets. This deals with the introduction of these changing facilities in defined types of larger new buildings, conversions or extensions. By ‘defined’, the types of construction being considered are:

  • Shopping centres/malls with a gross floor area of 30,000m2 or more
  • Single retail premises with a gross floor area of 10,000m2 or more
  • Places of entertainment or assembly with a capacity of 2,000 persons or more
  • Hospitals
  • Secondary schools providing community facilities
  • Leisure centres or similar buildings containing swimming pools

Current Scottish Building Standards do not require the provision of Changing Places Toilets although section 3.12 does include a basic specification for designers to follow if a client elects to provide such facilities. The consultation is aimed at going further than the provisions given in BS 8300-1 and -2:2018 Design of an accessible and inclusive built environment – Buildings, and – External environment.

A copy of the consultation documents can be viewed here.

FIS will be responding to this questionnaire so members are invited to send their comments to info@thefis.org by 30 April 2019 for inclusion in our response.

Brexit: Contractual Terms

by | 19 Feb, 2019 | Main News Feed

Concerns have been raised by a number of firms in construction sector about the potential for delays caused by a no deal Brexit leading to the triggering of penalty clauses within construction contracts, and the impact that this could have on firms within the supply chain, in particular SMEs.   The position of the Construction Leadership Council is that invoking these clauses should be a last resort, and that clients and firms in the supply chain should adopt an open and collaborative approach to identifying and planning to mitigate these risks before they materialise.  We would encourage early discussions between clients and firms, and for all those involved in the supply chain to both demonstrate flexibility and seek to ensure that risks are managed by those organisations best placed to do this.

In the short term, firms should take steps to:

  • understand their obligations and liabilities in relation to delays included within the terms and conditions of contracts they are party to or considering signing;
  • identify the key risks – whether to their workforce, or ability to secure sufficient products or materials to complete the project or work package – and ensure that planning to mitigate these is underway;
  • identify whether there are contract terms and conditions linked to the performance of other firms in the supply chain or the delivery of products or materials by suppliers;
  • review insurance policies and the cover these provide, and if necessary, notify your insurer of anticipated delays or potential claims;
  • identify whether there specific Brexit-related project plans or terms and conditions in relation to the project that are not included in your contract; and
  • consider including clauses relating to Brexit and potential delays within contracts that are under negotiation.

This is a complex area, due to the wide range of contractual practices within both the public and private sectors.

More detailed guidance has been prepared by BuildUK for our community here.

Further guidance available in the FIS Brexit Checklist.

Data Protection in the event of a No-Deal Brexit

by | 19 Feb, 2019 | Main News Feed

Firms need to act to understand where, how and to or with which organisations and countries they send, receive or exchange personal data. They also need to identify whether they have put in place either:

  • Standard Contractual Clauses – standard sets of contractual terms and conditions which the sender and the receiver of the personal data both sign up to. They include contractual obligations which help to protect personal data when it leaves the EEA and the protection of the GDPR; or
  • Binding Corporate Rules – an internal code of conduct operating within a multinational group, which applies to restricted transfers of personal data from the group’s EEA entities to non-EEA group entities. This can be a corporate group or a group of undertakings and enterprises engaged in a joint economic activity. These rules must be approved by an EEA supervisory authority in the country where one of the entities is based.

The Information Commissioner’s Office (ICO) has also provided additional useful information and guidance:

  • ICO advice – this provides an overview of the rules, guidance on what the key issues are and what action firms should consider taking. It also provides links to other sources of information and guidance, including to a list of Frequently Asked Questions.
  • ICO Leaving the EU Six Steps – This sets out the key actions required relating to data transfers to and from the UK, in relation to European operations, internal policies and documentation, and organisational awareness (identifying which key individuals who need to understand and apply the new rules.
  • ICO tool for working out if SCC will work for you – this guidance is focused on SMEs, and outlines how SCCs can work, and the circumstances in which these can be used, as well as identifying possible alternative approaches.

Product Regulation: Trading Timber Products

by | 19 Feb, 2019 | Main News Feed

In the event of no deal, firms will need to follow different processes for trading timber and timber products. The UK will have its own law for trading timber, which will mirror existing EU rules. Full guidance published by the Department for the Environment, Food and Rural Affairs can be accessed here.

Importing from the EU/EEA

From 29 March, firms will need to show that imports from the EU and EEA have been legally harvested; which is already required when timber is imported from non-EU and EEA countries. This will require firms to:

  • gather information on the timber – its species, quantity, supplier, country of harvest and how it complies with relevant laws;
  • assess the risk of timber being illegal by applying the legal criteria; and
  • mitigate any identified risk through obtaining more information or taking action to confirm that the timber is legal.

If the timber has an import permit under the Convention on the International Trade in Endangered Species (CITES), then the UK will recognise this has been legally harvested.

Exporting to the EU/EEA

If you’re exporting timber to the EU or EEA, you may need to supply documentation about the source and legality of your timber. This is so EU and EEA-based customers can meet the EU Timber Regulation (EUTR) due diligence rules. Due diligence systems will vary business by business.

You will not need to take any additional action at the border because of Brexit.

Monitoring Organisations

The UK will still recognise monitoring organisations based in the UK. These are independent bodies which carry out due diligence on timber. They’ll still support UK timber standards. The UK will not automatically recognise EU or EEA monitoring organisations if there’s no deal. The EU has indicated it will no longer recognise monitoring organisations based in the UK if there’s no deal.