Competition Law Guidance

Competition Law Guidance

Following the decision by the Competition and Markets Authority (CMA) earlier this year to fine 10 demolition and asbestos removal firms almost £60 million for colluding to rig bids for contracts, Build UK has updated its guidance on preventing anti‐competitive behaviour in construction.

The guidance, which is available to FIS members here, has been written by Wedlake Bell LLP and explains common violations of competition law, such as cartel activities and cover pricing, with the latest CMA decision now included as a case study. It is designed to help businesses and directors comply with their legal obligations by explaining the risks and the steps they should take.

FIS Q1 Highlights

FIS Q1 Highlights

Since the year began the FIS team have been hard at work and achieved some brilliant results across out Technical, Business Development, Skills and Training, and Lobbying efforts. Here’s a short look back at the first 3 months of 2023

Key technical work

Business support and guidance

  • New Best Practice Guide to help contractors and subcontractors improve cashflow and prevent costly and damaging disputes
  • New FIS Standard Terms and Conditions for England, Scotland and Wales launched
  • Wage Rate and State of Trade Surveys published
  • New QS helpline has been instrumental in a number of disputes being resolved positively.

Lobbying and representation

  • Procurement Research published, and data featured in Times Article
  • Responded to Fire Classification and BS476 withdrawal from Building Regulations
  • FIS work on the interim review by the Migration Advisory Committee saw Dry Lining as the only trade reviewed and moved to the Skilled Worker list and a number of FIS Trades added to the Shortage Occupation List
  • FIS invited to speak and support workshops hosted by the Construction Leadership Council, Department for Business and Trade and Small Business Commissioner on payment practices
  • Invited to attend the inaugural Building Safety Conference, hosted by the Building Safety Regulator
  • Responded to RICS professional statement consultation for whole life carbon

Skills and training

Key Events

  • FIS Conference at Workspace Design Show at the Building Design Centre in Islington
  • Hosted Inaugural FIS Innovation Awards
  • Manchester Regional Meeting
  • Webinar on Increasing circularity and reuse in fit-out projects

Download this doc here

Lens Blog: Termination

Lens Blog: Termination

FIS Consultant Len Bunton talks termination of contracts. This is another minefield, and another good reason you should read contracts.

Here, Len discusses what can you do to reduce exposure to a threat of termination.

Members can see the full blog

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.

Retaining key industry legislation

Retaining key industry legislation

The Government has announced this week that the Retained EU Law (Revocation and Reform) Bill will be amended. Instead of including a ‘sunset’ date of 31 December 2023, by which all remaining retained EU law (close to 4,000 still in effect in the UK) will either be repealed or assimilated into domestic law, the Bill will now be updated with a specific list of regulations which will be removed by this date. Further EU regulations will be repealed or amended after this date following proper assessment and consultation.

Commenting on this announcement FIS CEO responded:

“I know many are keen to see an end to the influence of EU Law in UK Statute, but this is very much a common-sense approach.  Whilst it may feel glacial, the complex and interconnected legislative framework has built up over nearly five decades and it will take more than a red pen to ensure that the changes needed are focussed and interrogated properly.  In construction we are already wrestling with the implementation of the Building Safety Act and the raft of  secondary regulation that follows, there is only so much we can manage at any one time and we need a focussed and resourced civil service supporting our efforts, not a mad rush to appease a political agenda.”

FIS work with the CLC Regulatory Reform Working Group to help co-ordinate any necessary amends to, particularly working time health and safety legislation (e.g. the Working Time Directive, Personal Protective Equipment at Work Regulations, Construction (Design and Management) Regulations (CDM), and Work at Height Regulations).

UPDATE 16th MAY 2023 –

A REUL explainer has been published and is available on GOV.UK.  It shows the Schedule of REUL to be revoked at sunset.

FIS responds to RICS consultation on Whole Life Carbon Assessment for the Built Environment

FIS responds to RICS consultation on Whole Life Carbon Assessment for the Built Environment

In March 2023, RICS consultated on the revision of the RICS professional statement on whole life carbon. The deadline for the submission of comments was 18 April and FIS provided some feedback on the document on behalf of its members. The feedback was mainly focused around the need to provide further clarifications on technical aspects of the document, but also included a slight revision to the definition of fit-out projects. The feedback also included the request to amend the study period for a fit-out project and to clearly define the scope of the project as fit out projects – in line with the document that FIS published for its members in 2022 – here: https://www.thefis.org/knowledge-hub/sustainablility/sustainability-related-to-your-activities/net-zero/

The aim of the document is to provide a methodology to calculate the whole life carbon impact of buildings, projects and infrastructure. It is part of a wide range of industry initiatives around the need to measure the carbon emissions associated with not just the operation of buildings, but also the impact of their construction – related to the manufacturing, transport, installation and end of life of products.

The revised document includes more specific information related to a fit-out project, which makes it more relevant to FIS members.