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Additional Bank Holiday in 2022

Additional Bank Holiday in 2022

There will be an additional bank holiday next year to mark the Queen’s Platinum Jubilee in June 2022. The Construction Industry Joint Council (CIJC) Working Rule Agreement formally recognises eight bank holidays each year, and the CIJC is proposing that this is increased to nine next year, as was the case in 2011 and 2012 for other royal milestones. It is proposed that double pay for working the additional day would not apply but time off in lieu would be granted.

The CIJC has launched a new website making it easier to access the Working Rule Agreement and guidance on terms and conditions of employment, including minimum pay rates as well as holiday dates, for those working in the industry.

Consultation: spread of fire onto external wall cladding systems

Consultation: spread of fire onto external wall cladding systems

The Scottish Government has issued a consultation “Building Standards (Fire Safety) – A consultation on external wall systems”.  They are looking to address issues in relation to the design and construction of buildings and the safety of persons in and around buildings in the event of fire spread onto external wall cladding systems.

The consultation papers can be viewed here. Members are invited to send their comments by Friday 1 October 2021 to iainmcilwee@thefis.org so that we can respond collectively to the consultation.

The issues under consideration are covered in seven questions relating to:

  • The wording in the Building Technical Handbooks for domestic and non-domestic buildings of mandatory clause 2.7 relating to fire spread on external walls
  • Consideration on a definition and ban of the highest risk metal composite material cladding panels
  • Options to improving standards and guidance on cladding systems, including the role of the large scale fire test, BS 8414
  • Consequential matters such as exemptions for certain penetrations and openings
  • Impact assessment.

These proposed changes aim to improve fire safety for the design and construction stages of all buildings in relation to external wall cladding systems making them safe for those in and around buildings in the event of a fire.

Delivery of the construction pipeline

Delivery of the construction pipeline

Build UK has worked with market intelligence provider Tussell to analyse the delivery of the IPA’s National Infrastructure and Construction Procurement Pipeline 2020/21. The analysis, which looks at whether the top 50 projects were tendered in line with the target dates in the pipeline, reveals how difficult it was to reconcile information due to inconsistent terminology and a lack of detail across projects and programmes, as well as little open data for some sectors due to procurement rules and publishing standards. Overall Tussell was able to confirm the status of just 50% of projects and put forward a number of recommendations to improve future pipelines and make them more valuable for the industry, which is a key policy in the Construction Playbook.

The Construction Procurement Pipeline 2021/22 is due to be published shortly and will include further information on contracts, including if they are part of a framework and whether they are a contracting or consulting opportunity

Build UK members maintain payment terms

Build UK members maintain payment terms

The latest results published under the Duty to Report on Payment Practices and Performance show that the payment performance of Build UK members has improved again over the last six months, despite the ongoing challenges presented by COVID‐19 and Brexit. Contractor members are now reporting an average of 34 days to pay invoices, down from 35 days six months ago and 45 days when the Build UK table was first published in July 2018. On average, they now pay 94% of invoices within 60 days, up from 82% three years ago, and 79% of their invoices are paid within terms, compared to 61% in 2018.

Build UK’s table features more than 100 of the industry’s largest companies to provide a comprehensive picture of payment practices in construction. This increased transparency has resulted in significant changes in behaviour over the last three years, and a third of Build UK Contractor members now pay in an average of 30 days or less, with two thirds paying in 35 days or less.

Double-digit Growth Forecast for Construction Despite Product and Labour Shortages

Double-digit Growth Forecast for Construction Despite Product and Labour Shortages

Construction output is currently very buoyant and is forecast to rise by 13.7% in 2021 and 6.3% in 2022, according to the Construction Products Association’s latest Summer Forecast published today. This positive outlook comes despite the dual constraints of shortages and sharp cost rises in both imported construction products and skilled labour over the next 12 months. Infrastructure and private housebuilding are expected to be key drivers of construction growth in 2021 and 2022, while the outlook for the commercial sector remains subdued.

Major projects such as the nuclear power station Hinkley Point C, the Thames Tideway tunnel and the High Speed 2 (HS2) rail project are central to strong output in the infrastructure sector. While the CPA has revised down its infrastructure forecast for 2021 to 23.4%, it has upwardly raised its forecast for 2022 to 9.7% for 2022 owing to further delays and cost overruns on major projects. The Summer Forecasts also report an increase in client hesitancy to sign off medium-sized projects leading to a slowdown in the near-term pipeline for the sector.

As all major house builders continue to report that demand in the housing market and house price inflation continues to be robust, CPA forecasts house building starts to rise by 20.9% in 2021 and a further 9.0% in 2022. This is despite the government’s stamp duty holiday and Help to Buy schemes continuing currently in a restricted form. The outlook is particularly strong for houses outside major cities, owing to shifts in working patterns, and is likely to remain so for the next 6-9 months at least according to house builders.

Changes to the way people work as a result of the coronavirus pandemic have also positively impacted on private housing repair, maintenance and improvements (rm&i), which has been the quickest construction sector to recover since the initial national lockdown. Output in March 2021 was 19.3% higher than pre-Covid times, according to the Office for National Statistics (ONS), due to the ‘race for space’ – i.e. demand for better quality outdoor domestic leisure space and home office work environments. Most SME contractors are reporting projects lined up for at least the next six months.

In the commercial sector, the beginning of the year saw a rise in activity owing to fit-out work remodelling offices for staff to return in a socially distant manner. This was also the case in retail and leisure where refurbishing, reusing and repurposing helped prepare for reopening as social distancing restrictions eased. In addition, some larger office towers projects that had the contract signed or were started pre-Covid-19 continued in the first half of this year. Outlook for sector remains subdued, however, largely because of fewer big projects in the pipeline – particularly for new towers in London.

Commenting on the Summer Forecast, CPA Economics Director Noble Francis, said: “The key constraint to the CPA construction forecasts remains the cost and availability of imported products and skilled labour. The sharp recovery for both UK construction and also in places such as the US, has led to sharp cost increases and extended lead times for some key products such as paints and varnishes, timber, roofing materials, copper and steel. This is of concern particularly for SMEs, which account for 86% of construction employment.

“Whilst larger contractors and house builders have greater certainty in their pipelines of work and are better able to plan and purchase in advance, SMEs often purchase what they need on the day at builders merchants. This makes them subject to greater issues if supply is limited or costs have risen significantly, particularly for firms working on fixed price contracts. On the labour side, some contractors are finding that there is currently a shortage of key skills in some key hotspots of activity, which has been exacerbated by the fall in EU construction labour by 42% over the past four years according to the ONS.”

FIS Members can download a free copy of the latest Construction Industry Forecasts from the CPA here

Market Data

FIS has access to a wide range of market data from sources including the CPA, Barbour ABI and Builders’ Conference. In addition, FIIS produces a state of trade survey specifically for the finishes and interiors sector.

Is this finally the beginning of the end for retentions in Scotland?

Is this finally the beginning of the end for retentions in Scotland?

Following the formation of a small working group in Scotland to look at retentions, a new paper has been presented to Scottish Government.

Retentions have long blighted construction and this paper sets out conclusions from the working group together with clear recommendations designed to support the construction sector and improve cash flow and business sustainability, particularly for small and medium sized businesses.

Whilst the recommendations fall short of recommending an outright ban on retentions it recommends automatic release and legislation that will ensure retentions are held in a Retention Deposit Scheme.

The ten key recommendations are as follows:

  • Scottish Ministers should take forward legislation that will apply to both public and private sector construction contracts to establish a statutory custodial Retention Deposit Scheme, following development of a detailed business case
  • Scottish Government should publish a retention best practice policy note for contracting organisations by end January 2022 and consider with contractors, professional bodies and the wider industry, how best to disseminate and promote compliance. This should include a move towards automatic release of retentions at the earliest opportunity unless a clear issue had been identified and an approach to, and timetable for, resolution set out. It will also provide a requirement that organisations withholding a cash retention should not:
    • repay late or partially, without full and clearly articulated justification
    • render it liable to claim by an upstream insolvent supply chain party
    • use more than one form of assurance on construction contracts
  • by end January 2022 the Scottish Government should invite all contracting authorities involved with major construction projects (a major construction contract is defined in the Scottish Public Finance Manual as one which “has a total anticipated whole life cost of £5m+) to publish their retention policy and monitor and report on compliance. This should be a requirement for all major projects delivered using Scottish Government finance
  • within six months of project handover (practical completion) for each major construction contract, require contracting authorities to publish their compliance with retention best practice or explain how and why they have deviated from it
  • Scottish Government should ensure that reference to retentions and fair payment is included within the Construction Accord
  • Scottish Government to work with industry to ensure retention best practice is reflected in standard construction contracts, including dispute resolution and conflict avoidance procedures and agreed payment procedures
  • promote further consideration/implementation across the sector of the removal of retentions from contracts as demonstrated by Network Rail.  This includes;
    • progress payments not subject to automatic deduction as work
      proceeds
    • the final payment adjusted to place greater emphasis on completing project closure activities such as the Health and Safety file and producing a [priced] list of patent defects
  • upon publication of best practice policy notes, Scottish Government and industry should host a major conference or series of webinars to focus on the promotion and implementation of retention best practice, including conflict avoidance
  • invite Government Enterprise Agencies to work with representative bodies and businesses in the construction sector to identify and deliver efficiency opportunities. This might include a feasibility study to consider implementing an approach to the management of construction project cash-flow using digital technologies such as smart contracts

Commenting on the report, FIS CEO Iain McIlwee said:

“This is another welcome intervention from Scottish Government and we are keen to support this progress.  Whilst we would all like to see a complete end to the practice of holding retentions, at least this way we see the link between working capital and retention broken in a similar way to the Aldous Bill in England which FIS Members supported.”

The full report Cash retention under construction contracts: short life working group final report and recommendations can be read here 

The FIS formal Position on retentions and Contractual reform can be read here