Private sector Construction Playbook published

Private sector Construction Playbook published

A group of businesses within the construction sector have joined forces to produce a landmark publication aimed at combatting low productivity in the industry.

The goal is to promote trust and collaboration in a highly fragmented industry that can lack transparency. This in turn will help the industry reduce waste, address the skills shortage, and reduce the impact of low margins and investment in UK construction.

The need for action is clear: UK construction productivity growth fell by an average of -0.6% each year between 1997 and 2019 according to Oxford Economics. Over the same period, the productivity of the whole UK economy rose by 2.8%, while the productivity of manufacturing grew by 3.9%.

In real terms, this means that a larger workforce is now required to match historical output, making construction increasingly expensive and leading to a downward spiral of low margins and low investment. Operating under such conditions makes innovation more challenging.

The playbook aims to tackle these problems by encouraging clients, their construction teams and suppliers to work in a more collaborative way to help boost productivity, quality and value. In doing so, they can improve the health, safety and wellbeing of the workforce, reduce carbon and positively impact both the performance and image of the industry.

‘Trust and Productivity: the private sector construction playbook’ has been produced by some of the UK’s leading developers, contractors, architects, engineers, professional services providers and suppliers, under the umbrella of the Construction Productivity Taskforce – a specialised cohort founded by productivity champions Be the Business. Their view is that increasing productivity is essential if we are to cope with increasing skills shortages, use resources more effectively and be able to invest in sustainable infrastructure that meets net zero carbon commitments.

Simon Gorski, Executive Sponsor of the Private Sector Construction Playbook Working Group, and Managing Director, Construction, Europe, Lendlease, said:

“This landmark publication sets out a more productive and sustainable way forward for our industry. Productivity in the UK private construction sector has long been an issue, and while progress has been made in trying to address this, our industry is still blighted by a lack of openness and transparency. I’d like to thank my colleagues across the industry whose leadership has been essential in developing this document. Alongside the Government’s Construction Playbook, I am pleased that the whole industry now has the opportunity to deliver better project and programme outcomes for clients across the private and public sector.”

‘Trust and Productivity’ draws on the experience and expertise of some of the most successful organisations in the UK’s construction sector to set out ten key drivers for success that should underpin any project, while also providing a guide for all points in the project life cycle, from concept through to aftercare. Those ten drivers are:

  • Form effective partnerships: Teams not collaborating effectively, team members pulling in different directions, and too much risk unfairly loaded onto one of the parties to a contract creates tension and mistrust from the start. Defined goals need to be agreed at the outset. These should be embedded in a project charter, which sets out clearly the shared objectives, values and measures of success.
  • Adopt portfolio and longer-term contracting: Historically, there has been a perception that partnering-based approaches do not deliver value and can stifle innovation. However, when applied in a transparent way, partnering can deliver value and drive innovation, while also providing consistency, improved quality and reduced risk. The business resilience of the supply chain is boosted by a longer-term pipeline of future work. This also encourages investment in innovation and the workforce. In return, clients benefit from improved delivery.
  • Take an outcome-based approach: This should resolve gaps between design intent and in-use performance, emphasising the need for improving whole-life value, performance measurement, sustainability, programme and cost certainty, and allow for innovative solutions from the supply chain.
  • Embed digital information flows across the whole life of the asset: Increased use of digital information processes and technologies will reduce programme time and whole-life cost, and enable buildings to be delivered more cost effectively, while reducing risk and enabling the smart use of buildings during operation.
  • Involve the supply chain early: Early engagement with manufacturers and specialist contractors improves the efficiency of the design and the design process through a better understanding of manufacturing capabilities, logistics constraints and on-site buildability.
  • Benchmark objectives: By using key performance indicators across a range of criteria, teams can see where they are succeeding and where they are not. If the project is falling behind its benchmarks, action can be taken swiftly to get back on track. One of the aims of teams should be to measure productivity.
  • Allocate risk fairly and appropriately: The allocation of risk needs to be decided by evaluating the project, using experience, expertise and knowledge. The party best placed to manage the risk should take the leadership role and should also encourage collaborative thinking among all parties.
  • Pay fairly: Trust and collaborative partnerships can only be established if fair payment is in place. Best practice, as set out in the Construction Act 2011 amendment, should be adhered to at the very least, and embedded in all construction contracts, with any amendments taking into consideration supply chain implications and risk allocation.
  • Assess the economic and financial standing of suppliers: Minimising the risk of failure in the supply chain is crucial for the efficient delivery of a project. The financial strength of all supply chain partners should be assessed during the selection process. Assessments should be transparent, objective and non-discriminatory.
  • Promote innovation and continuous improvement: Innovation through using digital information processes and digital technology, adopting modern methods of construction and designing for manufacture and assembly can improve productivity, reduce waste and drive significant reductions in lifetime carbon emissions.

‘Trust and Productivity: the private sector construction playbook’ has received endorsements from industry bodies including the Construction Leadership Council and British Property Federation.

Anthony Impey MBE, CEO, Be the Business, said:

“I’m delighted to see the construction industry taking such positive steps to increase their productivity. The private sector construction playbook should act as the cornerstone of a more productive sector and provide inspiration to other industries to do the same.

“Placing collaboration at its core, this document provides clear guidance on how to drive higher productivity outcomes for the sector, key to sustainable growth within the industry and the UK economy as a whole.”

Nigel Webb, Chair of the Construction Productivity Taskforce, and Head of Development, British Land, said:

“By increasing productivity, the construction industry can play a vital role in driving economic growth, supporting the UK’s net zero ambitions and improving the economic health of the sector. This playbook seeks to identify ways to address some of the issues limiting construction productivity. I would encourage clients, contractors, designers and supply chain members to engage with the playbook and start to measure and identify ways to improve productivity.”

Guidance for dealing with retentions payments under NEC Contracts

Guidance for dealing with retentions payments under NEC Contracts

The Construction Leadership Council (CLC) in collaboration with NEC has today published joint guidance to industry on the use of retention clauses under NEC3 and NEC4 Engineering and Construct Contracts (ECC), and sub-contracts.

The publication explains how NEC contract suites deal with defective work and retentions, and to explain that a retention fund may not, in fact, be needed.

The contractual practice of retention payments is intended to provide security against defective work, and the insolvency of businesses in the construction supply chain. The principle is to secure performance and incentivise the elimination of defects in an industry where the quality of work remains inconsistent. However, they can create problems for businesses throughout the supply chain due to the late and non-payment of retentions or through upstream insolvency.

This work forms part of the CLC ambition of moving to zero retentions by 2025, through reducing or eliminating defective construction work and having a procurement and delivery model that recognises, incentivises and rewards consistent high-quality work.

Commenting on today’s publication, Steve Bratt, Chair of the CLC’s Business Models Workstream said:

“The long-term aim is to eliminate the need for retentions altogether. This guidance illustrates that often the need for retentions can be avoided through good contract management and selection of contractors with a good track record of quality work.”

“I would like to thank the NEC Board for their collaborative approach to working with CLC colleagues on this longstanding, contractual issue.”

Speaking on behalf of the finishes and interiors sector, FIS CEO, Iain McIlwee stated:

“This is welcome and definitely a step in the right direction.   The retentions debate has raged for decades and progress has been slow at best, but the world is changing rapidly and we cannot let past procrastination dampen our ardour to deliver change.  It is widely agreed now that retentions contribute towards many of the negative behaviours in the sector.  The Retentions Roadmap outlines a voluntary phased approach to moving towards the objective of zero retentions by 2023, clearly this is unlikely now, but no later than 2025 has to remain as an achievable goal.  If we want genuine transformation, we need to be bold.  I would urge JCT, which tends to be the more common contract in our sector, to take similar steps in the immediate future.”

Peter Higgins, Chairman of the NEC4 Contract Board said:

“The construction industry has traditionally thought of a retention fund as a necessary and inevitable part of the cost of doing business, but NEC contracts took a different approach, treating retentions as an option to be used only if necessary. NEC is pleased to have worked with the Construction Leadership Council in preparing this guidance on the use of retentions under NEC contracts, and in particular highlighting when holding a retention fund creates an unnecessary expense for contracting parties.“

The guidance is available to download here.

A free webinar to support the new guidance and an opportunity to learn more is scheduled for Monday 16 January 2023 at 2pm.

To register initial interest, please contact info@necontract.com

Both CLC and NEC would like to thank all those that participated in the development of this guidance, in particular, Peter Higgins of PD Consult on behalf of NEC, and Andrew Croft of Beale & Company Solicitors LLP and Claire King of Fenwick Elliott LLP on behalf of CLC.

Businesses to be given UK product marking flexibility

Businesses to be given UK product marking flexibility

Businesses will be given an additional two years to apply new product safety marking, giving thousands of businesses the freedom to focus on growth, Business Secretary Grant Shapps has announced today (Monday 14 November).

The UK Conformity Assessed (UKCA) marking has been introduced as part of the UK’s own robust regulatory framework. It shows that products comply with our product safety regulations which are designed to protect consumers.

However, given the difficult economic conditions created by post-pandemic shifts in demand and supply, alongside Putin’s war in Ukraine and the associated high energy prices, the government does not want to burden business with the requirement to meet the original (31 December 2022) deadline.

The government will continue to recognise the CE marking for two years, therefore allowing businesses until 31 December 2024 to prepare for the UKCA marking. Businesses can also use the UKCA marking, giving them flexibility to choose which marking to apply.

Business Secretary Grant Shapps said:

The government is determined to remove barriers to businesses so they can get on with their top priorities, like providing quality customer service, enabling growth and supporting their staff.

This move will give businesses the breathing space and flexibility they need at this crucial time and ensure that our future system for product safety marking is fit for purpose, providing the highest standard for consumers without harming businesses.

To support manufacturers, the government is also reviewing the wider product safety framework, ensuring we minimise the burdens on business while keeping our system up to date with new innovative methods such as e-labelling.

As part of this, the government will make it easier than ever for businesses to apply product markings.

This package will give thousands of businesses, including electronics and lift manufacturers, additional time to focus on delivering growth and creating jobs, while giving them flexibility in how they meet their legal obligations.

It should be noted that construction products come under specific rules, which have not yet been amended.

The CLC has issued a statement regarding clarification on construction products and the need to ensure that businesses know what products can legally be placed on the market in the UK. You can read the full statement at https://www.constructionleadershipcouncil.co.uk/news/clc-statement-on-ukca-markings/

There will be different rules for medical devices, construction products, cableways, transportable pressure equipment, unmanned aircraft systems, rail products, and marine equipment. Government departments responsible for these sectors are making sector specific arrangements.

Commenting on the announcement FIS CEO, Iain McIlwee stated:

“This is without doubt a positive step.  Whilst we await further updates to confirm that the change announced does extend to construction products, it would appear a more pragmatic Policy direction has been set and the desire and time to bring in the required legislation to change status of construction products carrying the CE Mark in time for the new year has dissipated.”

 

Safety cases guidance and support

Safety cases guidance and support

The HSE has commissioned an independent research agency, Kantar Public, to interview people working in private sector housing, including student accommodation providers, who will be responsible for compiling their organisation’s safety case and associated report.

The requirement to produce a safety case and a safety case report is a new way of working for people and organisations who manage high-rise buildings.

The HSE wants to understand your experience of doing this, the challenges you faced and your views on the information produced so far. This is a chance to shape the future guidance and make sure it works for everyone involved.

Participation is voluntary and will involve a 90-minute interview with Kantar’s researchers, followed by a 30-minute interview to comment directly on the guidance.

Kantar will offer an incentive of £150 as a thank you for your time. Your identity will not be disclosed to HSE, and it will not be possible for HSE to identify individual participants or organisations in the research outputs.

To register your interest, please email marios.zampetis@kantar.com by Friday 11 November.

COVID-19 case management guidance

COVID-19 case management guidance

The CICV has produced a new open source guidance document, which is now available to download on the CICV website. Aimed at employers, it gives advice on case management of COVID in the workplace.

FIS Chief Executive Iain McIlwee commented:

FIS is a member of CICV on behalf of our community and this advice is a great example of why.  COVID hasn’t gone away, but as employers we still need to manage cases and wider risk – whilst framed for Scotland it is a great reference source for wherever you are in the UK.

FIS update Risk Register

FIS update Risk Register

To mark World Quality Week, at the FIS North West Regional Conference in Manchester today, FIS relaunched the FIS PPP Risk Register, a key tool in the FIS Product Process People (PPP) Quality framework.

The FIS PPP Risk Register gives people a structured framework to interrogate project risk based on a assessment of severity and probability of a risk occurring.  The standard scoring system helps members to identify any unacceptable high risks and ensure management strategies are put in place to address.  The tool also helps a management team to assign risk correctly and contains a range of links to additional tools and information that will help support specific risk management.

FIS CEO Iain McIlwee said: “A large part of our work centres on interrogating and helping members to manage day to day problems they may encounter, risks.  This is a moving and evolving space.  Our tool helps us to ensure that we are learning lessons and that members are alert to where problems may appear,

Risk is unescapable in any construction project, but at times we can feel so beset by risk that we become indifferent to it.  It is vital that as an industry we get better at measuring, managing and mitigating. This simple tool is built on the premise that if you can’t measure it or didn’t think about it, you can’t manage it. It aims to help people to score risks.  The underlying principle is that  is that we can all learn from our own mistakes, but it is better learn together and avoid learning the hard way wherever possible.”

The FIS PPP Risk Register is available for members to download here

To find out more about World Quality Week, click here