by Clair Mooney | 4 Oct, 2022 | Main News Feed
The Welsh Government is committed to a greener, fairer future. Improving existing homes helps tackle fuel poverty and create much-needed jobs, training opportunities, and supply chains.
In Wales, 1.4 million homes are responsible for 27% of all energy consumed and 15% of all demand-side GHG emissions. The free market cannot be relied upon to deliver it. The Warm Homes Programme is therefore designed to support lower-income households in improving the energy efficiency of their home to reduce fuel bills and carbon emissions. It is focused on the owner-occupier and privately rented sectors. The private rented sector accounts for 15% of all households in Wales.
BRE is working with Welsh Government to support their work on developing the next iteration of the Warm Homes Programme. This survey will help provide valuable insight from contractors to do this.
You can access the survey at https://bregroup.com/services/insights-consultancy/advisory/welsh-government-contractor-survey/
by Clair Mooney | 3 Oct, 2022 | Main News Feed
The Scottish Government recognises the significant pressures currently faced by the construction industry due to the dramatic rise in the cost of fuel and materials, inflation, and stretched public budgets. These pressures, coming on top of the continued impact from COVID-19, material supply issues and wider economic climate changes, are significantly impacting both public client bodies and members of the construction industry.
In order to help address and mitigate these challenges, Scottish Government have a number of guidance measures that public sector bodies should be aware of when procuring and managing their construction projects. As a reminder, these are set out below.
Construction Policy Note (CPN 3/2021)
Scottish Procurement and Property Directorate issued CPN 3/2021 in 2021 providing advice for Contracting Authorities to manage and mitigate market pressures affecting the availability and affordability of construction sector resources. If a contactor seeks relief from or waiver of their contractual obligations, the contracting authority should refer to the relevant terms and conditions and seek legal advice as needs be to inform their decision. Contracting authorities should also re-examine their models for the design, procurement and delivery of their forward construction portfolio programme. This advice still stands and should be reviewed where applicable in relation to recent and future cost rises.
Prompt payment and Project Bank Accounts
Delayed payments can cause significant pressures in the construction industry, especially on sub-contractors and further down the supply chain. The Scottish Government have addressed this by providing guidance for wider public sector contracts encouraging prompt payment and the use of Project Bank Accounts.
The Scottish Government’s Client Guide to Construction Projects includes a chapter on Fair Payment, where advice on Prompt Payment is consistent with the wider Scottish Government procurement policy Scottish Procurement Policy Note 2/2022. This provides a standard clause for public bodies’ use, requiring contractor and sub-contractor invoices to be paid within 30 days throughout the supply chain of public contracts. A point of contact in the public body must also be provided should the sub-contractor have any difficulty in securing the timely payment of an invoice. The SPPN also asks public bodies to consider the past payment performance of those bidding for public sector contracts. The Scottish Government is committed to paying our contractors promptly, targeting to pay valid invoices within 10 days of receipt, going beyond our contractual commitment to pay within 30 days. Further advice on contract payment terms is included in Construction Policy Note 9/2020.
To ensure that payments are made directly and simultaneously from public sector clients to members of a construction contract supply chain, bodies subject to the Scottish Public Finance Manual must include Project Bank Accounts in tender documents for contracts over the applicable value thresholds. The Scottish Government Project Bank Accounts Guidance defines these thresholds as £2M for building projects and £5M for civil engineering projects.
Sustainable tender pricing
Although costs are increasing, it remains important the public sector actively seek to identify abnormally low tenders to encourage sustainable prices and successful delivery of projects and services. Construction Policy Note 1/2021 reminds the public sector clients of their responsibilities in handling abnormally low tenders and highlights the importance of bidders putting in realistic and sustainable bids.
Whilst Local Authorities, or other bodies not governed by the Scottish Public Finance Manual, are not under obligation to take or follow Scottish Government advice, they are strongly encouraged to carefully review Scottish Government guidance and apply it where appropriate.
The Scottish Government will continue to liaise with both public sector bodies and construction industry representatives and continue their ongoing work with the Construction Leadership Forum to support the sector in managing the current sector challenges.
by Clair Mooney | 28 Sep, 2022 | Main News Feed
The Building Safety Act introduces a new building safety regime which requires changes to regulations, standards and ways of working. As a result, there are a number of consultations underway, including:
- Building Safety Regulator Fees and Charges ‐ The HSE is consulting on what the new Building Safety Regulator may recover costs for when carrying out its relevant ‘chargeable’ functions. Comments should be submitted online by Friday 7 October.
- Occupied Higher‐Risk Buildings ‐ The Department for Levelling Up, Housing & Communities (DLUHC) is seeking views on the new safety regime for occupied higher‐risk buildings, including proposals for their in‐occupation phase. There are 12 sections to the consultation, including certification, reporting, resident’s duties, appeals, and key building information. Comments should be submitted online or via email by Wednesday 12 October.
- Building Regulations ‐ DLUHC is also consulting on the changes that will be made to Building Regulations to implement the new building safety regime. There are 12 sections to the consultation, including dutyholder roles, gateways, change control process and more rigorous enforcement powers. Comments should be submitted online or via email by Wednesday 12 October.
- Operational Standards Rules ‐ Ahead of the Building Safety Regulator beginning to operate from April 2023, the HSE is seeking views on the proposed operational standards rules which will allow it to effectively monitor building control bodies. Comments should be submitted via email by Tuesday 25 October.
New Secretary of State for Levelling Up, Housing and Communities Simon Clarke has confirmed that there will be no change in the Government’s approach to building safety, writing in The Telegraph that he is “determined to finish the job my predecessors started, fixing the system for good, ensuring that industry rectifies the problems it created”. Clarke will be supported by Lee Rowley as Housing and Planning Minister, and Andrew Stephenson and Baroness Scott of Bybrook as Parliamentary Under Secretaries of State.
by Oscar Venus | 23 Sep, 2022 | Main News Feed
You may be aware that the venue has changed for the AGM/Members Meeting on 6 October, which is now being held at Hill Dickinson LLP, The Broadgate Tower, London. This has opened up the opportunity for event sponsors to have a pop-up stand/table-top, as we now have more space.
We already have 50 plus members booked to attend. To book your place click here.
There are also opportunities still available to sponsor our other members meetings, taking place in Birmingham, Manchester and Glasgow.
If you are interested call FIS on 0121 707 0077 or email clairmooney@thefis.org
by Oscar Venus | 22 Sep, 2022 | Drylining, Main News Feed
Due to the great number of people who have boked to attend we have decided to move the venue so more of you can join us in person to The National Federation of Roofing Contractors (NFRC) venue at 31 Worship Street London EC2A 2DY Nearest tube is Old street or a short walk from Moorgate tube station.
There will be a light lunch and a chance to network from 12.30 and an opportunity to look and discuss new products from SpecWall and RawlPlug
The full agenda can be found here
- Compliance – Publication of the Building Safety Act in April
- Building Systems and Fire Walls – avoid delays at Gateway 2
- Deflection head details – how to avoid non-compliance and legacy issues when installing
- BS8000-8 standard. Guidance on design and tolerances in installation for drylining, to be published later this year
- Research project findings – the cause of creaking in tall residential towers in high wind conditions
- FIS vetting process – how it can support in managing compliance
- Competence management plans – toolkit to assist members implementing a plan
- Site Guide update – reducing waste and rework
We hope you can join us afterwards for a drink and a chance to network.
We look forward to meeting you all again, but please register early as space is limited.
by Clair Mooney | 21 Sep, 2022 | Contractual and Legal, Lens Blog, Main News Feed
FIS Consultant Len Bunton continues with the theme of getting paid, and what options are open to FIS members. These monthly Blogs are designed to help FIS Members avoid common traps and build on our focus on collective experience.
As I have set out previously, some of this is self-induced, and that is why I have been working with a number of organisations to help them improve their financial management of contracts. I emphasise again that your payment applications need to be made on time and be fully detailed – if you fail to do either of these, or even worse, both of these, then you will not get paid what you think you are due. However, there are other actions you can take…
