construction journal november-december 2013

's

Industry education and training

LEGAL HELPLINE

OPINION

UPDATE

Shaping the future

Construction Journal

November/December 2013rics.org/journals

The Ryder campaign Leading the debate on a new Built Environment degree

PG. 12

Legacy for change University Technology Colleges align industry needs

PG. 8

Strong foundations Setting professional standard through lifelong learning

PG. 6

http://www.rics.org/uk/knowledge/journals/

Construction Journal

For further information, please visit: www.salford.ac.uk or contact the College of Science and Technology’s Enquiries Team:T: 0161 295 4545 E: [email protected]

Study at the UK’s premier School of the Built EnvironmentThe School of the Built Environment at the University of Salford is a nationally and internationally recognised centre of excellence for Built Environment study. We offer a range of modern, management focused undergraduate courses and postgraduate taught courses developed in partnership with professional accrediting bodies and practitioner advisors, to meet the needs of a dynamic and innovative industry.

Undergraduate coursesOur Undergraduate courses are offered on a full time and a part time basis. The part time delivery is structured to allow students to study on a block release pattern.

n BSc Architectural Design & Technology (Accredited by CIAT/CIOB)

n BSc Architecture – new for 2014 (seeking accreditation)

n BSc Building Surveying (Accredited by RICS)

n HNC Construction

n BSc Construction Project Management (Accredited by RICS/CIOB)

n BSc Quantity Surveying (Accredited by RICS/CIOB/ICES/BQSM)

Postgraduate coursesOur Postgraduate courses are available now for January 2014 start, as well as entry in September 2014. Courses are offered full time, part time or online distance learning as indicated below. We welcome applications from students without formal qualifications but with significant relevant experience in industry.

n MSc BIM and Integrated Design (FT/PT/DL routes available)

n MSc/LLM Construction Law and Practice (DL only, September start – accredited by RICS)

n MSc Construction Management (FT/PT/DL routes available – accredited by RICS/CIOB/APM)

n MSc Project Management in Construction (FT/PT/DL routes available – accredited by RICS/CIOB/APM)

n MSc Quantity Surveying (FT/PT/DL routes available – accredited by RICS)

n MSc Quantity Surveying (M&E) (FT/PT/DL routes available – accredited by RICS)

n MSc Real Estate and Property Management (FT/PT/DL routes available – accredited by RICS)

We have Open Days running throughout the year, including online sessions for the distance learning delivery. Please contact us if you would like to book a place or find out more about the courses.

C O N T E N TS RICS ConStRuCtIonJouRnAL

ContACtS

While every reasonable eff ort has been made to ensure the accuracy of all content in the journal, rIcS will have no responsibility for any errors or omissions in the content. The views expressed in the journal are not necessarily those of rIcS. rIcS cannot accept any liability for any loss or damage suff ered by any person as a result of the content and the opinions expressed in the journal, or by any person acting or refraining to act as a result of the material included in the journal. All rights in the journal, including full copyright or publishing right, content and design, are owned by rIcS, except where otherwise described. Any dispute arising out of the journal is subject to the law and jurisdiction of england and Wales. crown copyright material is reproduced under the open Government Licence v1.0 for public sector information: www.nationalarchives.gov.uk/doc/open-government-licence

N o v e m b e r / D e c e m b e r 2 0 1 3 3

C O N S T R U C T I O N J O U R N A L

editor: Robert Mallett T +44 (0)20 7695 1533 E [email protected]

The Construction Journal is the journal of the Project management and Quantity Surveying & construction Professional Groups

Advisory group: craig Abraham (evolution5), Gerard clohessy (ec Harris), christopher Green (capita Symonds), vytas macenas (Faithful+Gould), Anne mccann (West Quarter consulting), Andrew mcSmythurs (Sweett Group), David reynolds, Alan muse (rIcS), matthew Saunders (rIcS)

Construction Journal is available on annual subscription. All enquiries from non-rIcS members for institutional or company subscriptions should be directed to:

Proquest – Online Institutional Access E [email protected] T +44 (0)1223 215512 for online subscriptions or SWETS Print Institutional Access E [email protected] T +44 (0)1235 857500 for print subscriptions

To take out a personal subscription, members and non-members should contact Licensing manager Louise WealeE [email protected]

4Chairman’s columneducation and training are the foundations of the built environment profession, argues Anne mccann

5Update

6 Opening up optionsGary Strong looks at the many education initiatives aimed for the surveying profession

8 Legacy for changeA West midland college is creating a new era of training and education for the construction sector, writes Tom macdonald

10 Get on board with BIMeducation in building information modelling off ers a brave new world of working for surveyors, argues matthew Saunders

11School for skillsroy cavanagh shows how vocational qualifi cations are central to the UK construction industry

12Degree of collaboration robert mallett assesses the higher education debate generated by the ryder Architecture built environment campaign

14 Back to the melting pot Peter buchan argues that a new built environment bSc is essential to the UK construction industry

15View from the summit Jeremy blackburn updates rIcS members on last summer’s Government construction Summit

16 Managing risk emma vigus provides guidance on reducing the risk of suff ering a professional indemnity claim

18Re-educating Liberia construction and site supervision skills are helping a war-torn West African country to rebuild its schools infrastructure. Darren Talbot explains

20Justifying omissionsIan Yule outlines the uses and abuses of instructions to omit work

22Fairly dismissed? Helen crossland sets out an employer’s guide to dismissing employees fairly

24Overcoming the hurdlesLes Pickford looks at the challenges of producing an estimate from the data in the initial 3D model

25Learning CurvePierpaolo Franco reviews the growth of blended learning

27Legal Helpline Kevin Joyce returns to the issue of the hierachy of documents under the Nec3

contentsFront cover: ©alamy

Published by: The royal Institution of chartered Surveyors, Parliament Square, London SW1P 3AD T +44 (0)24 7686 8555 W www.rics.org ISSN: ISSN 1752-8720 (Print) ISSN 1759-3360 (online)

editorial and production manager: Toni Gill

Sub-editor: Gill Rastall

Designer: Emma Storey

creative director: Mark Parry

Advertising: Lucie Inns T +44 (0)20 7871 2906 E [email protected]

Design by: Redactive Media Group Printed by: Page Bros

mailto: [email protected]


http://www.rics.org/uk/




4 N o v e m b e r / D e c e m b e r 2 0 1 3

CHAIRMAN'S COLUMN

Shaping knowledge needs

T detailed articles in this issue. The importance of fostering greater collaboration between academia and the built environment profession, and ensuring that graduates are suitably prepared for entering the profession are just some of the topics debated (see page 11).

The education overview includes information on the new University Technical colleges, and refers to rIcS’ dedicated education and Qualification Standards team in the UK. rIcS UK education and Standards board (UKeSb) has two main areas of responsibility, higher education and routes to membership, and comprises members from both the academic community and the surveying profession. Its remit includes developing policy for UK threshold standards and accreditation, training and final assessment submissions requirements, approving new university partnerships, accredited courses and monitoring threshold standards for the membership qualifications. To date 51 universities/higher education providers have entered into partnership agreements with rIcS.

one of the defining characteristics of bodies such as rIcS, is their ability to set their own entry standards for the professions. over the years rIcS has played a role in the development of education and knowledge at

The distinction between ‘knowledge for the sake of knowledge’, and ‘knowledge for use’ is an ancient conundrum that can be traced back to the philosophers Plato and Aristotle. This debate continues today, and this edition of the Construction Journal explores the subject of construction industry education and training

I have recently returned to university to read for a professional doctorate. From this experience it is clear to me that significant changes are taking place in tertiary education, including the availability of a massive range of online open courses, a huge growth in the choice of courses and ever greater numbers of students aspiring to undertake masters and doctoral degrees.

rIcS has hosted a roundtable discussion on the future of education and industry training, to which members of the Project management Professional Group (PmPG) board contributed. Key aspects of this are subject to

RICS ConStRuCtIon JouRnAL

C H A I R M A N ' S C O L U M N

Education and training are the foundations of the built environment profession and debates over its future delivery are vital to maintaining standards, says Anne McCann

all levels throughout the profession, through resources such as the annual Student Construction Journal (SCJ), which is distributed to the universities that offer rIcS-accredited courses in project management, quantity surveying and construction. Produced in collaboration with rIcS matrix, this service has been appreciated and valued by undergraduate students. I believe that the UKeSb continues to reinforce and enhance the perception of rIcS as a learned body.

The term ‘education and training’ carries associations with students and textbooks, and may seem to be of little relevance to surveyors who completed their degrees many years ago. However, knowledge creation within the profession has been developing at an ever increasing pace, and will clearly have an impact on all surveyors regardless of their levels of experience.

continuing on the theme of lifelong learning, the Appointing a project manager guidance note is now available and provides practical guidance to rIcS members and clients, while the new Managing communications information paper is designed to encourage best practice.

The PmPG has commissioned a Stakeholder management guidance note in collaboration with the Association of Project

Anne McCann FRICS is Chairman of the Project Management Professional Group [email protected]

management. This is being produced by project managers with significant practical expertise, in conjunction with highly qualified and expert members of the academic community.

The development of routes such as the experiential learning cycle and the theory of reflection, is well recognised and accepted by academic commentators. As part of this process, I would encourage you to communicate and liaise with the board on a regular basis via the online PmPG community resource, which is an ideal place to discuss professional and technical topics. Alternatively, the rIcS LinkedIn Programme and Project Group (linkd.in/RICSPPMgroup) is available for professionals to share ideas and generate debate. I believe that a key challenge for all surveyors is ensuring that their tacit knowledge is transferred to others, who can learn from their experience and continue to provide a service to the highest professional and technical standards. I hope that some of the initiatives discussed here will help to achieve this, and will encourage you all to participate. C


Online journals

In brief...

Asset guide for small businesses

UPDATE

rIcS has launched a guide to help small businesses take better control of their finances through managing their property assets differently.

The Small business property guide is free for business owners, and covers all aspects of the property process. It has been endorsed by the Federation of

Small businesses, the british retail consortium and the Association of Town and city management.

The guide includes advice on finding the right premises, business rates, tax allowances on property, rent reviews and valuations.n www.rics.org/smeproperty


U P DAT E


RICS conferences

Legal issues in construction 2013 13 November, Londonn rics.org/legal issues

North West CPD Day20 November 2013, Warringtonn rics.org/northwestcpd

East CPD Dayn rics.org/eastcpd28 November, cambridge

London CPD Day12 Decembern rics.org/londoncpd

Dispute Resolution in Construction 2014 28 January 2014n rics.org/uk/training-events/conferences-seminars/rics-dispute -resolution-conference/london

South East (Kent) CPD Day30 January, Ashford n rics.org/kentcpd

Scotland CPD Day27 February, Perth n rics.org/scotlandcpd

BIM Conference 201412 February, London n rics.org/bimconference

COBRA conference papers publishedmore than 100 delegates from the global construction research community – representing 19 countries – gathered in New Delhi in September for the annual cobrA conference.

The key event for presenting and discussing the latest industry research was held in India for the first time in its 19-year history, recognising the region’s growing importance to rIcS, the global economy and the worldwide academic community.n The conference papers are available at www.rics.org/uk/knowledge/research/conference-papers

bcIS has developed new cost and price indices for the infrastructure sector as part of its work on the Infrastructure Information Service (IIS).

Two new input cost indices for the rail and the water and sewerage sectors will be published alongside the bIS cost index for the roads sector.

The indices measure changes in costs of labour, materials and plant, i.e. input cost to contractor. They are based on cost models produced by bcIS that represent typical expenditure profiles for the sectors. The cost of work in the construction industry is defined in the Standard Industrial classification 2007, and therefore excludes specialist engineering works included in infrastructure projects.

bcIS has also developed a modelled index for infrastructure tender prices based on the input cost indices and the movement in market conditions.

The indices add to the output of the IIS, which will also include:

b analysis of benchmarking studies by sector

b forecasts of demand, prices and cost trends

b civil engineering estimating database b cost analyses for infrastructure

related buildings b average prices for infrastructure

related buildings.

n For further information, contact Joe martin [email protected] or robert Dent [email protected]

Infrastructure cost and price indices

For further information and reservations, call 020 7695 1600 or visit rics.org/training/events/conferences-seminars

Energy efficiency standard recognisedThe prestigious ISo 50001 standard has been awarded to two UK rIcS offices (London and coventry) and one in europe (brussels). The global standard recognises both energy efficiency and good energy management systems and is only given to organisations that integrate energy management into their environmental work. Steps are being taken to gain the standard for other main offices globally. n For further details, visitwww.iso.org/iso/home/standards/management-standards/iso50001.htm

http://www.rics.org/uk/knowledge/more-services/small-business-hub/small-business-property-hub/

http://www.iso.org/iso/home/standards/management-standards/iso50001.htm

www.rics.org/uk/knowledge/research/conference-papers


mailto:[email protected]

http://www.rics.org/uk/training-events/conferences-seminars

http://www.rics.org/uk/training-events/conferences-seminars/rics-legal-issues-in-construction-conference-2013/london/

http://www.rics.org/uk/training-events/conferences-seminars/cpd-days/london-cpd-day/london/

http://www.rics.org/uk/training-events/conferences-seminars/cpd-days/rics-east-cpd-day/cambridge/

http://www.rics.org/uk/training-events/conferences-seminars/cpd-days/north-west-cpd-day/warrington/

http://www.rics.org/uk/training-events/conferences-seminars/cpd-days/rics-south-east-kent-cpd-day/ashford/

http://www.rics.org/uk/training-events/conferences-seminars/cpd-days/scotland-cpd-day/perth/

http://www.rics.org/uk/training-events/conferences-seminars/rics-dispute-resolution-conference/london/


I N D U ST RY E D U C AT I O N


Gary Strong describes some of the initiatives taking place across the country that aim to raise awareness of the range of opportunities on offer in the surveying profession

EOpening up options

education is an important consideration for rIcS. It is the lifeblood for future membership and essential for the progression of existing members. A professional body ignores it at its peril, which is why we have a dedicated education and Qualifi cation Standards team for the UK and a Global team supporting our various standards boards.

my own interest in surveying started at the age of 14. I had always been interested in history and historic buildings in particular. but it proved to be an inspirational maths teacher who suggested that a small number of our class study o-level surveying, that eventually galvanised my interest in the discipline. The surveying course appealed very much because it enabled us to get out of the classroom and onto the heath close to our school, where we mapped out the area and beyond. It was great fun and we had some real laughs, and I still passed the exam. From that point on I knew I wanted to be a surveyor, and went on to select the appropriate A-levels – particularly maths – in order to progress to a degree in building surveying at the University of reading. This eventually led me to complete the Test of Professional competence (as it was then called) and I become a chartered surveyor at the young age of just 24.

InspirationSo how do we inspire the young people of today to follow a career in surveying? I am a fi rm believer that proactively demonstrating that surveying is a great career choice in our schools and colleges, can only encourage the next generation to take it up. It needs great leadership. That is why I am so delighted that rIcS matrics (www.rics.org/matrics) is now leading a strategy to engage with secondary schools, using inspirational case studies and other material (see www.rics.org/uk/the-profession/new-members/about-rics-matrics) to open up young students’ minds to the huge opportunities that surveying can off er.

Qualifi ed surveyor status constitutes a passport for international travel, and there are more than 175 surveying specialisms within rIcS. Plainly, there is a wide choice of career available to the newly qualifi ed graduate, many outside the UK. In fact, it is estimated that around 27% of rIcS members are based overseas, in more than 130 countries, as shown in the rIcS offi cial video for schools (www.youtube.com/watch?v=sVeglwi0QCI).

University Technical CollegesrIcS has also been leading the way in education and training by way of its involvement in the University Technical colleges (UTcs), currently being established around the UK for the 14-19 age group. Promoted by the baker-Dearing Trust, founded by Lord baker, the initiative has the support of government and some engineering UTcs are already up and running. The number has increased to 45, with 13 more recent approvals and 15 destined to be construction UTcs. The fi rst construction

UTc opens in Walsall in September 2014 (see page 8), and will enable young people to study for vocationally based GcSes and A-levels. A vocational diploma option is also available.

rIcS' input into the curriculum will enable students to understand that the construction industry need not simply lead to them becoming bricklayers and plasterers. rather, technology, such as building information modelling, will enable them to progress to a career in project management, quantity surveying, building control, land surveying, planning and development and much more. For me it is all about leadership, about showing students the potentially wide range of careers open to them in the built environment industries. I am delighted to have been able to participate in this ground-breaking initiative.

rIcS has also been heavily involved in the industry wide Advisory committee for 14-19 construction and built environment education. chaired by roy Cavanagh mbe of Seddon construction, this committee will address various issues in construction and built environment education. It includes representatives from the construction Industry Training board (cITb), colleges, universities, employers, rIcS and the chartered Institute of building. We have had meetings with the Department for education (Dfe), and have contributed to recent developments in relation to vocational education and training, as well as associated qualifi cations policy. reforms will take place in two stages. by September 2013 awarding organisations had to submit vocational qualifi cations that meet interim requirements. And by September 2016 qualifi cations that meet the requirements in full will be awarded. beyond this, there

describes some of the initiatives

raise awareness of the range of opportunities

http://www.youtube.com/watch?v=sVeglwi0QCI

http://www.youtube.com/watch?v=sVeglwi0QCI

http://www.rics.org/uk/the-profession/new-members/about-rics-matrics/



gary Strong FRICS is RICS Director of Practice Standards and technical [email protected]

is also the proposed technical baccalaureate, and employers interested in contributing to the development of guidance on core maths are invited to contact the Dfe through the cITb.

Youth developmentIn addition, rIcS has contributed to consultations on the development of proposed core 14-19 standards for construction and built environment (cbe) education, which will build on work carried out to support the diploma in construction and the built environment. There is positive support for continuing the three themes, for establishing credit to apprenticeships and the endorsement or kitemarking of standards.

class of Your own has developed an inspirational new curriculum called Design, engineer, construct, in order to encourage the study of and careers in, construction and engineering. Its own survey showed that 71% of young people thought a career in construction simply meant being a builder or a bricklayer – so there is still some way to go in getting the message through (www.classofyourown.com).

city & Guilds is making an extended project qualifi cation available from September 2014, and the principal learning qualifi cation in cbe became available in September. other training pathways in development include:

b Level 2 bTec is going forward for accreditation

b a couple of the UTcs are working towards delivery of bTec Firsts

b supporting apprenticeship and higher apprenticeship frameworks remains a priority

b NvQs are being updated.

WJec (IvQs) Level 1 and 2 Awards in construction and the built environment

off er a learning experience that focuses learning for 14-19 year olds through applied learning. In other words, students can acquire and apply knowledge, skills and understanding through purposeful tasks set in sector or subject contexts that have many of the characteristics of real work. These awards will be available from September 2014, and each qualifi cation involves a total of 120 guided learning hours. Three awards will be available:

b Designing the built environment b constructing the built environment b Planning sustainable communities.

each award refl ects the 14-19 core standards as included in the principal learning qualifi cations at foundation and higher levels.

The chartered Surveyors Training Trust (cSTT) is an independent charity that supports young people who are fi nding it diffi cult to start their surveying career. rIcS works in partnership with cSTT via an apprenticeship scheme that counts towards AssocrIcS membership. The Advanced Apprenticeship in Surveying helps them to obtain qualifi cations such as the Level 3 NvQ Diploma in Surveying, Property and maintenance bTec, and the Level 3 Diploma in Surveying. once the apprenticeship and two years’ work experience are completed, candidates are eligible for the AssocrIcS Assessment.

So why is rIcS interested in all of this? Some of you will recall that rIcS once ran its own examinations in tandem with rIcS-accredited degree programmes. With the increase in university fees it is very likely that many universities will see a decline in undergraduate entrants, and indeed some have already witnessed a steep fall in applications and admissions. Degree-only entry into the profession at

chartered level may, therefore, not be sustainable in the future, but this should not be seen as detrimental to the profession itself. I have seen many ex-tradesmen go on to become brilliant surveyors. When I fi rst trained in the early 1980s, there were many aspiring surveyors working alongside me who went on to complete the rIcS exams and became members of our Institution. So there is no reason why future, non-graduate entrants into the profession should not prove equally as successful.

Future intakeWithout lowering the standards of entry to either AssocrIcS or mrIcS we need to have an eye on the future. How will young people attending the UTcs or colleges, who do not attend university yet aspire to a career in surveying, progress to achieving chartered status? It is a challenge we need to face up to, while also being determined to protect the gold standard and reputation of our qualifi cations globally. We need to be able to recognise non-degree qualifi cations and further training that enables any potential member to look at rIcS, and believe that they can one day achieve chartered status. my hope is that we will continue to inspire young people to look at a career in surveying, just as I did all those years ago. C

MFor details on the UTCs visit www.education.gov.uk/schools/leadership/typesofschools/technical

lUk 72,253

Ireland n 2,195

nRussia/CIS 338

mNorth Asia 6,787

lSouth Asia 782

ASEAN n 1,665

nOceania 2,304

mEurope 5,724

mNorth America 2,515

l Latin America 142

It is estimated that around 27% of RICS members are based overseas, in more than 130 countries

“

MEA m 3,032

http://www.education.gov.uk/schools/leadership/typesofschools/technical





A West Midland college is providing an exemplar for a new era of training and education for the construction sector, writes Tom Macdonald

TLegacy for change

The economic challenges of the past few years have irrevocably changed the UK’s industrial and sectoral landscapes. Two of the biggest affected have been education and construction – both marred by high levels of unemployment and low levels of training – which have been compounded further by sluggish economic growth.

The more positive economic outlook, which the UK government and various economic agencies claim to be just around the corner, has provided a measure of much-needed respite. but we must now consider whether our approach toward education and training gives us a sufficiently capable skills base to meet the future demands of a more advanced construction sector. Will the next generation of construction workers be armed with a work-ready mentality capable of bolstering the industry?

To ensure that it does, a new approach that more closely aligns construction with education is needed to ensure that young learners have a firmer career foothold in the construction sector.

This belief in the need for a new fundamental approach toward education has led me to take up the role of Founding Principal at the West midlands construction University Technical college (WmcUTc). With the support of colleagues and a large number of industry stakeholders, we are now building a legacy for change that will transform the ways in which skills are developed. our vision is to create an industry-led institution that sets an example for other UK sectors with its unique approach to education and training.

With this in mind we have worked closely with industry employers to design a ‘vocademic’ curriculum, tailored to three core routes of progression into a career in construction: higher apprenticeships, university and employment. Delivering this new approach toward training and qualifications, which is closely aligned to the demands of the industry, has required the expertise of some of the country’s leading contractors – 150 in the Walsall area alone. In doing this, we believe we will be providing young people with the right balance of practical skills and academic rigour, in order to hit the ground running for a career in the industry.

Through wider collaborations of this sort, the WmcUTc has taken significant steps toward considering both the demand for skills and their supply. on the demand side we have developed a curriculum founded on the idea of delivering the qualified individuals needed to plug impending skills gaps. According to the construction Industry Training board’s construction Skills Network forecast, there will be a need for as many as 115,000 construction workers over the next four years, on projects ranging from the traditional (bricklaying, roofing, architecture) to the cutting edge (nuclear build, the Thames Tideway, the Shard). Acting now will

A curriculum that enhances the employability of our learnersAll University Technical colleges are required to focus on two specialisms that will help young people to improve their job prospects in the area where they live. To provide the best fit with the employment profile of the area, West midlands construction UTc (WmcUTc) has selected construction and the use of IT in the built environment as its key areas of focus, with the opportunity to learn practical construction and IT skills alongside the core academic subjects of english, maths and science.

Through a focus on employer-led technical learning and business skills, alongside exceptional academic teaching which will support the development of core skills and GcSe attainment, our learners will leave WmcUTc as highly employable, qualified young professionals with an edge in the careers market. This is what sets learners from technical schools apart from their peers.

All learners will work on construction-focused projectsIn all years, students will study construction-focused projects for 40% of their timetable (two days per week). At Key Stage 4 (Y10 and Y11) this will lead to a Principal Learning Qualification in construction and the built environment along with a cambridge Technical IcT qualification. At Key Stage 5 (Y12 and Y13) students will be working towards the proposed Technical baccalaureate focused on construction and IcT in the built environment. They will therefore combine the achievement of construction qualifications with academic qualifications.

Year 10: Gain construction qualifications alongside academic studyPre-16 students study a core GcSe (or equivalent) curriculum in addition to their construction and IT technical studies. There will also be opportunities for students to earn qualifications in other subjects.

Years 12 and 13: Construction training combined with A-levelsAs part of the Technical baccalaureate, all students will complete a core curriculum of literacy and mathematics in addition to their construction and IcT studies. This will lead to qualifications in mathematics and the extended project (both up to Level 3).

In addition to the Technical baccalaureate, students will select up to a maximum of three subjects from a wide range of A-level options.

Alternative post 16 optionsSome students may wish to follow a different post 16 pathway to that outlined above.

The UTC Construction curriculum



Tom Macdonald is Founding Principal of the West Midlands Construction university technical [email protected]

ensure that the hi-tech skills for a modern industry are in the pipeline.

The WmcUTc approach also has huge advantages when looking at situation facing the supply side. As a catalyst for social change, and as one of a growing number University Technical colleges (UTcs), learners will benefit from a ‘cheek by jowl’ approach to learning. Support for this approach will come from industry employers offering mentoring, work experience, site visits, as well as training in some of the softer skills, such as management, team working and communication. Furthermore, the first cohort of leavers, and many more down the years, will leave the WmcUTc with the most desirable skillsets for the construction sector, thus giving them a passport to work not only in the UK, but internationally.

With this pioneering approach to education we are challenging the perception that construction is a sector composed of people who do not quite make the grade, but is instead an industry in which young people can achieve great things. clearly, this message is now beginning to resonate among parents and young people living in the Walsall area, judging by the healthy number of applications that have already been received for places when the college opens its doors in September next year. Strong interest is also being shown in the ‘meet the Principle’ events taking place over the coming weeks and months.

by matching the needs of the UK construction industry with the right qualifications and training, we can help to transform the lives of a huge number of the nation’s young people by delivering gold standard training and qualifications that meet the needs of a hi-tech, world class industry. The WmcUTc should be seen as an institution right at the forefront of this change, as a result of closer ties between the education and construction sectors. C

More information> www.westmidlandsconstructionutc.co.uk

>

www.westmidlandsconstructionutc.co.uk



1 0 N o v e m b e r / D e c e m b e r 2 0 1 3


Matthew Saunders is RICS Associate Director for the Built [email protected]

Former Prime minister Tony blair once famously declared: “Ask me my three main priorities for government and I tell you education, education, education.” I’m unlikely ever to hold that offi ce, but if you ask me my three main priorities for chartered surveyors in construction then I’ll tell you: bIm, bIm, bIm.

Level 2 and level 3 bIm, PAS 1192 parts 1, 2 and 3, Nrm1, 2 and 3, data drops, cobie, Uniclass 2, the bIm protocol, are all terms that make up the new language of building information modelling for surveyors. The complexity of this new lexicon simply serves to confi rm that education is needed across the industry to make the step change to an effi cient, bIm-enabled construction sector.

Some surveyors are bIm trailblazers, some are cautious

Get on board with BIM

Education in building information modelling is the only way to harness the opportunity presented by a brave new world of working for surveyors, argues Matthew Saunders

F supporters, others appear to be in denial. Whichever camp you sit in, one thing is clear: for those who fail to align their working practices, bIm will prove to be more of a hindrance than a help, and they will fail to unlock the full potential that this technology off ers to all of us. This is particularly true for quantity surveyors (QSs), although our project management peers stand to lose or gain here too.

of course, bIm can help to visualise a fi nished project, as well as identify clash detection. but underpinning the government’s bIm strategy is the greater long-term vision of being able to use existing building and infrastructure data (from building information models) to better inform the design, cost and delivery of newbuild projects, as well as existing asset management and maintenance. The government-industry masterplan is to benchmark construction projects not just in terms of capital cost, but also in terms of carbon, time, material, labour, method, and potentially any parameter that project teams enter into model.

essentially, the government is looking to create a vast

database of project ‘information’ from all of its bIms. However, as any QS will tell you, data is far more useful if it is captured in a consistent manner, and this is why QSs price buildings using the standard form of cost analysis. by having the cost data captured in a standard, structured manner, surveyors can compare, benchmark and analyse cost data effi ciently.

The same is true of bIm data. by developing such ‘information’ in a structured, consistent way, we unlock the ability to measure, compare and benchmark diff erent aspects of future projects. In so doing we are subsequently able to use this valuable data to make better informed decisions and drive improved performance. This is the essence of the government’s bIm strategy, and this is where private business will need to follow if it wants to reap the benefi ts of bIm.

For industry to reach this utopian place of usable, high-quality, consistent and structured information, its professionals need to learn new skills and new standards. The UK government is leading the way in terms of developing standards for a truly

bIm-enabled industry, but it needs these to mature more quickly, so that industry can adopt them with confi dence. otherwise, we risk having leading industry players forging ahead along paths that diverge from those of other major players. The inevitable outcome will be that we fi nd ourselves with vast amounts of inconsistent digital information that cannot be used effi ciently. The inevitable and unwanted result of this will be that the industry’s reputation for ineffi ciency will prevail. In short, an opportunity will be lost. Structured training and education is the only way to do this, because consistency will breed effi ciency, and this is the key benefi t of bIm. C

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N o v e m b e r / D e c e m b e r 2 0 1 3 1 1


By ensuring that learners are embarking on relevant, high-quality CBE qualifi cations, we are essentially safeguarding the future of the UK construction industry

“

Roy Cavanagh MBE is training and Education Executive at Seddon Construction and Chairman of the 14-19 Advisory Committee [email protected]

V ocational qualifi cations and training have come under considerable scrutiny over the past few years, as the debate

continues to rage on whether they have a place in our modern curriculum for 14 to 19-year-olds. Set against the backdrop of the UK government’s review of vocational qualifi cations, some still view this educational route as ‘second rate’, compared to the more ‘academic’ paths off ered by the GcSe and the baccalaureate.

However, vocational qualifi cations are the lifeblood of many UK industries, where a large proportion of the work carried out requires practical hands-on skills, as well as theoretical knowledge. It is therefore vital that support for the training of young people continues through today’s 14-19 curriculum.

The key to producing a motivated and skilled workforce lies with adopting an approach that continuously assesses and improves their level of training, via a collaboration between education specialists, industry employers and representatives from other professional

organisations such as rIcS. by improving the standards and range of vocational qualifi cations on off er, we can ensure that they meet the needs of employers, and, most importantly, the needs of the people undertaking them.

The UK construction industry certainly needs a solid foundation of workers with an aptitude for technical knowledge and its practical application. With construction methods and techniques evolving rapidly, and in particular the steadily evolving digital technologies such as building information modelling, vocational qualifi cations and training are vital. Adding an ever increasing skills gap to the mix, and at a time when the worst of the recession appears fi nally to be over, it is imperative that we act now to safeguard these qualifi cations.

In order to do this, a number of key construction industry players established the 14-19 Advisory committee in late 2012. Funded and supported by the construction Industry Training board, the committee has members drawn from the construction industry, educational awarding bodies, schools and college leaders, employers, professional bodies and trade associations. Its remit is to oversee the development of gold standard construction apprenticeships and vocational qualifi cations for 14 to 19-year-olds, in order to meet the needs of a hi-tech, world-class industry. crucially, it aims to provide generations of young people with outstanding career prospects and major possibilities for professional fulfi llment.

In addition, the committee has the objective of becoming a key adviser to government on the ways in which construction qualifi cations can be used to their full potential in the 14-19 curriculum. With this end in mind it has recently launched a consultation on the set of standards for construction and built environment (cbe) qualifi cations.

This important focus on industry standards is also extremely vital

within the context of the new construction-based University Technical colleges (UTcs) and studio school sectors. employers are increasingly seeking to employ young people with ‘work-ready’ skills. If the UTcs and studio schools are to meet this demand, then they need access to the relevant qualifi cations and materials. The 14-19 Advisory committee has a key role to play in ensuring that these are available, which is why it has set up two specialist sub-groups to focus on UTcs and qualifi cations and standards.

We believe that the construction sector’s 14-19 Advisory committee constitutes a role model for other industry sectors on the best way of delivering an eff ective skills pipelines. The collaborative approach we have adopted by involving the industry’s professional organisations, employers and members of the education sector is having a signifi cant impact on developing the right qualifi cations for the 14-19 year old age group.

by ensuring that learners are embarking on relevant, high-quality cbe qualifi cations, we are essentially safeguarding the future of the UK construction industry. Fundamental to this entire approach will be ensuring that skills gaps are constantly reduced, both now and in the future. C

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Ryder Architecture is leading a campaign to refocus built environment training at UK universities. Robert Mallett looks at the key issues

Degree of collaboration

The UK university system, particularly in england, has undergone seismic change over the past two years. As a direct consequence of 2008’s financial crisis, the government introduced a radical new system of student-financed tuition fees for english higher education institutions, which has increased the financial burden on undergraduates, but made no additional government funding available to universities. Nevertheless, one outcome of this albeit controversial fee paying system is that the ‘consumers’ – students, professional bodies, employers – now expect greater value for money from higher education establishments, even if the latter are struggling to meet such expectations.

ryder Architecture, along with senior figures from the UK built environment sector, have pinpointed a series of specific weaknesses in the training of

undergraduates destined for careers in architecture and the construction industry (see page 14). During an inaugural ryder-hosted roundtable on the future of the built environment degree last year, proposed improvements to the built environment teaching provision were identified, which would benefit not only graduates and their future employers, but potentially society as a whole. most notably, the meeting called for greater student training for engagement with industry, more advanced courses with a greater multi-disciplinary emphasis, multiple gateways into the construction industry and, ultimately, a better quality of undergraduate training.

There is no doubt that the campaign has gained a good deal of attention and momentum over the course of the past year, as industry concerns over the quality of training for its undergraduates continue to rise. on 5 June, many of these concerns, along with a number of ideas on how they might be addressed by the higher education sector, were the focus of an rIcS-hosted roundtable on the future of industry training held at the building centre in London.

chaired by ryder senior partner Peter buchan, and attended by representatives of Gleeds, Arup, Laing o’rourke, University college London and other organisations, the discussion immediately

focused on the pressing need to develop a new partnership between industry, professional organisations and academe. As buchan noted in his opening remarks, a great many school leavers do not aspire to a career in the built environment industries, and neither do they appreciate the wide number of specialisms that exist in the surveying profession. As a result, barriers continue to prevail that prevent the creation of the type of construction industry that is now needed, both in the UK and globally.

Plainly, both the industry itself and current university training for prospective construction industry professionals, are still not doing enough to attract greater numbers of high-calibre undergraduates. Neither, as a number of the representatives present argued, were the courses always preparing students to be properly fit for purpose by the time they had left higher education. As Alan muse, rIcS Director of built environment Professional Groups noted, the average contact time for an undergraduate enrolled on a built environment degree course totalled just 13 hours per week, not ideal given the complex and highly technological nature of sectors such as construction. Although university funding constraints are plainly a significant factor, UK university contact hours are, generally speaking, lower than in many other countries.

closer collaboration between universities and industry could potentially act as a sound mechanism for both improving the quality of built environment courses on offer, as well as readying new generations of students for a career in the construction industry. Not only would new recruits to the surveying profession be better placed to work on complex

Robert Mallett [email protected]



1 3

Robert Mallett is editor of Construction Journal [email protected]

specialism. Naturally, this would require something of a systemic change from a teaching culture that many within the industry claim cannot easily provide students with all of the professional skills needed by modern industry. Such a change would need to fully embrace the concept of a more collaborative built environment degree programme, delivering what the construction sector needed – better trained, highly qualified professionals.

Aside from achieving a closer and binding relationship between industry and academe designed to improve the built environment learning experience for UK undergraduates, work placements were also seen by many as a vital ingredient of future study programmes. In outlining his own time as a student, matthew Saunders, rIcS Associate Director for the built environment, placed considerable emphasis on the high value of ‘hands on experience blended with learning’. The depressed economic climate of the past five years has seen a great reduction in the number of such placements, so greater emphasis on a coordinated scheme as an integral component of all undergraduate programmes, would produce more aware and practically minded professionals.

As Arup’s becci Taylor concluded, the objective of the new approach proposed by the ryder campaign was ‘teaching people how to think’. However, one might also add that increasing the individual student’s range of experience while at university would also be the natural objective of such a project. The panel agreed unanimously that this range of experience should include an over-arching framework of global qualifications with a focus on technology, a solid understanding of what being part of a professional discipline involves and a focus on disciplines. It was important, added reynolds, to impress on youngsters that surveying qualifications offered a ‘global

passport’, and a good measure of influence abroad.

Transforming the content and focus of existing UK built environment degrees, will not be an easy or straightforward matter. In the first instance, it will require detailed planning on the part of universities, industry and professional bodies such as rIcS. running a pilot course would then reveal what, if any, modifications may be required to the curriculum, modes of delivery etc. built into this process should be a close evaluation of what type of professional the course will be designed to produce: a management-based, industry professional or a more ‘technical’ professional, or both?

In his closing remarks, buchan told the meeting that discussions had begun with University college London, and muse confirmed that rIcS would support such a venture which should include all 51 rIcS partner universities. of course, the costs of financing any new degree programme will not be modest. but with the UK government having placed such great emphasis on national infrastructure programmes, would it be too much to expect that state funds be released to produce the next generation of industry professionals, better trained and educated than ever before? In the meantime, the built environment sector could do much to raise awareness about the benefits a career in its industries offers to tomorrow’s generation of professionals. C

infrastructure projects anywhere in the world, but employers would be spared considerable time and expense in preparing them once out of higher education, as is now too often the case.

As rIcS Project management board member David reynolds emphasised, the need for better trained professional surveyors was now greater than ever. Whether it be large companies such as ec Harris, or the many small- and medium-sized enterprises that make up the surveying profession, there was a clear need to operate on a global basis and to be technologically proficient as a consequence. Given such pressures, only a far closer relationship between the academic environment and the various built environment industries could develop the high level of training required for today’s construction projects, whether large or small.

So how do the various interested parties in the debate plan to bring about the ‘massive culture change’, as buchan termed it, needed to strengthen professional competitiveness? In the first instance, greater involvement on the part of industry in shaping the future education and training process was now regarded as an all but essential prerequisite. each of the representatives present agreed that there currently existed a disparity between what the built environment industry needed by way of new recruits, and what academia was able to produce. Working together, the two sectors could, muse argued, lead to more a more collaborative form of undergraduate course delivery and, subsequently, to greater levels of




“

Peter Buchanan is a senior partner at Ryder Architecture www.ryderarchitecture.com

For centuries, buildings from the most simple to the most sophisticated were constructed through a combination of the master builder and

the skilled craftsmen organised through guilds. entry into a chosen craft was through apprenticeship, and the families of young hopefuls paid for the privilege of such training. The system served the industry well until engineering developed into a design process rather than an empirical basis of learning from each building, and architecture into an academic pursuit.

The Grand Tour exposed gentlemen of worth to new civilisations and cultures. meanwhile, architecture became an art rather than a craft, and 19th-century polytechnics in Paris began to train engineers. The process of separating design from construction had begun.

As life became increasingly complex during the 20th century, more and more professions joined the construction mix – including all of those represented by

At ryder Architecture our proposal, which we are developing with industry partners and academics, is for a new kind of ‘melting pot’ degree namely, a ‘bachelor of the built environment’. many school leavers have no comprehension of the range of disciplines that currently contribute to our built environment discipline, which is hardly surprising given the UK’s complex professional structures. Such a degree will make it rather more comprehensible, raise its status, so attracting even better students and more importantly, allowing individuals to find the route into the industry and the area of expertise that is right for them.

A better choice of modules will allow for gradual specialism through this first degree. Where appropriate, a masters can be undertaken while in employment that will lead to chartered status in a chosen profession. This process will naturally provide a range of generalists and specialists, and serve as a breeding ground for better informed, more collaborative professionals, as well as fostering new hybrids. We could conceivably produce the, ‘environmental computer scientist’ or economist to take us close to where it all started, with the ‘architect engineer’. Who knows ? C

Bring back the melting pot

Peter Buchan argues that a new Built Environment BSc is essential if the UK construction industry is to attract and train the best quality professionals




rIcS. So, added to the major divide that evolved between design and construction were dozens of sub-segregations, which has now created an industry of silo operations with woeful levels of understanding between them.

of course we need specialists, but we also need generalists and we certainly need a common platform of understanding that will promote collaboration and, ultimately, seamless interdisciplinary working. A new melting pot of talents and skills is needed to provide the new breed of professionals the construction industry deserves if it is to keep pace with advances in computer and materials technology in global marketplaces. The industry has not really advanced since the middle of the 20th century, and nor will it until we change the ways we train our professionals. If we are to attract the very best young talent into the construction sector, then it needs to be equal to the calibre of young professional entering the aeronautical engineering or computer science sectors.

Here in the UK, we produce great built environment professionals. The country’s education standards are well renowned, and its graduates highly sought after. However, the talking shop across architecture education alone has gone on for as long as I can remember, and I find it troubling that we still experience difficulties in promoting cross-disciplinary design, let alone encouraging new breeds of valuable hybrid professionals.

Of course we need specialists, but we also need generalists and we certainly need a common platform of understanding that will promote collaboration and, ultimately, seamless interdisciplinary working

http://www.ryderarchitecture.com/



P O L I C Y

TJeremy Blackburn assesses the outcomes of June’s Government Construction Summit in setting the direction of policy and investment

View from the summit

Jeremy Blackburn is RICS uK Director of External Aff [email protected]

he diffi culty of a ‘summit’ is that it implies that the country’s most senior political leaders will be deciding matters of strategic importance. Lord Deighton, the government’s chief construction Adviser Peter Hansford, business minister michael Fallon and mP chloe Smith are a strong line up in their own right, but the government construction

summit was not a forum for deciding – it was, rather, to inform the industry what has been done and how this should be delivering economic growth.

Aside from the ministerial speeches, the most interesting panel was undoubtedly the one around how a range of government policies is driving growth through construction. This helped to address the criticism from last year that ministers and large contractors did a lot of talking about what was already being done, but very little about what the future held and how the sector could return to growth.

A group of government and industry experts including Peter Schofi eld, Director-General for Neighbourhoods at the Department for communities and Local Government, Hayley miller, Deputy Director (now Head) of construction at the cabinet offi ce, and Stephen Dance, Director of Infrastructure Delivery at Infrastructure UK, were at great pains to stress that government was successfully overcoming the diffi culties facing, for instance, reform of the planning system, housebuilding and infrastructure investment.

This was helpful to the industry in terms of helping to see how these areas joined up at the centre of government. but what the government really wanted out of the Summit was a means to launch its new construction strategy. Construction 2025 is about industry and government working closely together to deliver growth and jobs through infrastructure development, at the same time putting britain ‘at the forefront of global construction over the coming years’.

Construction 2025 aims to encourage technological innovation across the construction industry. Its objectives are also to lower project delivery costs by 33%, to deliver 50% of projects more quickly, to lower emissions by 50% and, crucially, to increase industry exports by 50% at a time when the global construction market is growing rapidly. Fallon placed great importance on the newly created construction Leadership council, co-chaired by business Secretary vince cable, and Network rail chief executive Sir David Higgins, providing ‘coherent leadership’ for the entire construction strategy.

rIcS remains a key partner in the government’s existing construction strategy, and used the summit to outline how member expertise is crucial to transforming projects from concept to concrete, and how rIcS covers the whole life cycle through land, property and construction. Delegates were given a copy of the rIcS Construction policy, which calls for procurement reform, opening up pipelines and improving access to fi nance.

“construction is at the heart of the economy,” noted Hansford, the morning’s fi nal keynote speaker. This echoed Lord Deighton’s earlier avowal that infrastructure development was the UK’s ‘economic priority’. So we did get a strategy for the future of the construction industry, even if this summit was hardly the equivalent of Stalin, roosevelt and churchill meeting at Yalta. It remains to be seen whether this fragile recovery continues and helps the sector invest and expand, in order to meet ministers’ ambitions for 2025.

With government basing a major strand of its economic growth strategy on construction, it must continue to reform and support the industry if is not to be left behind when the recovery begins in earnest. Starting on the long road to recovery, the sector must position itself to ride the potential wave of confi dence and to underpin the expansion and development of business across the country.

The latest construction market survey shows that projects are starting up in almost every part of the country. During the second quarter of 2013, a net balance of 21% more surveyors reported a rise in their workloads, the most positive reading in more than six years. While projects are still, generally speaking, thin on the ground, this upturn may suggest that the worst could now be over for the sector.

encouragingly, this more positive mood is expected to become more visible over the coming 12 months, with 59% more respondents predicting workloads continuing to rise rather than fall once more. However, this modest improvement comes after a long period of contraction, and many businesses in the sector are still struggling to keep their heads above water.

Securing fi nance for development is still a major challenge and, despite the government’s attempt to revamp the planning system, the feedback from the industry suggests that this issue also remains a major obstacle to getting projects under way. To attract investment, remain globally competitive and support the wider economic growth of UK plc then a vision for 2025 must have tangible outputs over the next 12 to 18 months. C



R I S k M A N Ag E M E N T


W ith the spotlight on professional indemnity insurance (PII) claims against valuation surveyors, it is easy to forget that all professional services firms are susceptible to allegations of negligence. An economic downturn leads to increases in claims. Firms are forced to take on instructions they would have

declined and parties are no longer as willing to incur losses in the broader interests of the relationship. A PII policy is, therefore, seen as a ‘deeply lined pocket’ from which to re-coup losses. At the same time, pressure on increasing revenue and margins often reduces the time a business can dedicate to risk management, meaning that it only receives attention after a claim. This may be too late to prevent serious damage especially if a firm carries a high excess, is underinsured or has a claim voided.

The root cause of many PII claims is generally one or a combination of the following.

Failure to assess riskbefore starting a project or entering a new line of work it is important to undertake a thorough risk review. This should include:

b reviewing contractual documents: are they industry standard forms of appointment and what uninsurable exposures do they impose?

b are you being adequately paid for the work? b are your employees and resources up to the job? b do you and the client agree on what is being delivered? b are roles and responsibilities clearly defined? b are the timelines realistic? b are you comfortable with the financial standing, capabilities

and insurance arrangements of the other parties? According to accountancy firm Pricewaterhousecoopers more than 600 construction firms failed in the first quarter of 2013. When working as part of a team, you may be subject to the law of joint and several liability (civil Liability Act 1961). This could leave you picking up 100% of the client’s loss, regardless of your own level of negligence, for instance if other contractors become insolvent. A Net contribution clause should, to a large degree, negate this position. If this is not achievable, ensure all members of the team have signed the same warranties and/or agreements as you.

b how do you plan to overcome challenges that have arisen on similar projects?

b are your insurers comfortable with the project?

In some instances the risk review may lead to a decision to decline the job. As the UK economy starts to recover, an increasing number of surveying firms are turning down low fee work. but where work proceeds, it will always be easier to implement steps to mitigate risk at the outset rather than a year into delivery.

Emma Vigus provides guidance on how to reduce the risk of suffering a professional indemnity claim

Managing riskAgree the service It is vital that you and the client agree on the service you are providing and any mid-term changes to the instruction. each element should be explicit in your terms of business, and you should never start a project when only a letter of intent has been issued, because this does not safeguard the contracting party’s rights. When fulfilling the role of designer, the final design should be signed off by the client, having first been peer reviewed to check calculations and suitability. While the responsibility is on you to ensure your client understands your terms of business, the client’s expectations must also be reasonable. They cannot, for example, expect you to perform to a standard beyond ‘reasonable skill and care’.

Inspection or supervision?An architect was sued by a client for allegedly failing to supervise a contractor engaged in propping up a building during redevelopment. The props used were not adequate to support the loads and part of the building collapsed, resulting in a claim.

The architect argued that his duty was only periodically to inspect the contractor’s work, and not to supervise it. However, there were doubts as to the terms of the architect’s retainer, and some evidence to suggest that he may have promised more than a mere supervisory role. Insurers contributed £55,000 to a settlement of £150,000, resulting in a loss of £95,000 to the architect.

You should also take account the varying levels of client knowledge regarding the construction and surveying process. It is not, for example, reasonable to expect a private homeowner to exhibit the same level of knowledge as a developer. There are numerous examples of notifications arising from building surveys where the client (often a private homeowner) has misunderstood the breadth of the survey expecting, for example, a full inspection of the electrical supply.

It is accepted that specifications change over the project life cycle, but any changes to instructions should be clearly documented, confirmed in writing with the client and fully explained to all other members of the team. Accurate records of communications with clients can be crucial to the successful defence of a claim.

Poor management and supervision of subcontractors The ability of staff or project teams to deliver is often hampered by poor management, lack of supervision of both employees and subcontractors and poor communication.

For example, one architect acting as a project manager, was held liable for failing to check calculations supplied by an engineer for the loads to be imposed on the suspended floor of a new factory.

While the court held that the architect was entitled to assume the engineer’s competency, it decided that if the architect had



Emma Vigus is a Director at Howden Windsor [email protected]

checked the calculations before passing them to the contractor, they would have seen they were obviously wrong and that the floor would not be strong enough for its intended use.

The architect’s insurers contributed £78,000 to a final settlement of £234,000, with the remaining costs being covered by the engineer’s insurers. In addition to the settlement, the legal fees awarded to the architect’s insurers amounted to £69,000.

Lack of expertiseWhile it seems obvious to state that you should not undertake work that you do not have the necessary experience to complete. Lack of experience in either asset class or territory is one of the most common causes of claims against valuation surveyors. every firm will be tempted to take on unfamiliar project areas during a downturn. but always question whether it is worth the risk, given the increased likelihood of a claim arising.

Fee disputesA demand for payment can result in a counterclaim of negligence, particularly during an economic downturn. While a financial loss

Related competencies include M005, T077

normally occurs before a PII claim can be brought, very few projects complete without a suitably motivated client finding something they are unhappy with. It is always worth checking in advance whether a potential client has a history of issuing counterclaims, or of being particularly difficult to deal with. When a fee dispute does arise it is vital that you notify insurers at the earliest opportunity, because any failure to notify in a timely manner may lead to any subsequent claim being voided.

In one case. a firm of architects issued an invoice in respect of design work relating to a building extension. Shortly after the invoice was issued, the contractor responded with a ‘payless’ notice accompanied by a separate letter detailing a series of perceived shortfalls in the architect’s work. These included a failure to maintain consistency in materials’ specifications throughout the project, and a completion delay due to a late design alteration. The letter itemised the costs associated with correcting each perceived problem, and went on to state that should the rectification costs exceed the remaining fees due, a claim would be made against the insured’s PII policy.

Dealing with a claim Unfortunately, even the most risk averse firms can be the subject of a claim, unsubstantiated or otherwise. All PII policies explain the procedures to be followed. Failure to follow these requirements may result in insurers declining to cover the claim and associated costs. While the rIcS policy wording offers a broad level of cover, situations do arise where insurers attempt to avoid settlement. An understanding of the notification procedures laid down in the policy wording are therefore vital. Furthermore, all members of staff should have a basic understanding of the fundamentals; namely, never admit liability, and never offer to settle and advise the appropriate person immediately of anything that might lead to a claim.

As an example of the problem this can cause, one office of the insured acted as the property manager for a client, while a second acted for the tenant. A dispute arose from the conflict of interest, and insurers were duly notified. After two years the insured advised their insurance broker that they had offered to settle the claim for £200,000, without their insurers’ prior agreement. This represented a breach of the insured’s professional indemnity policy conditions. Despite the breach, the insured’s brokers succeeded in persuading insurers to settle the claim in full.

A tension always exists between risk management and business growth. but many aspects of good risk management, such as risk due diligence, remaining in regular contact with clients and keeping accurate records of communications, are simply good business practice. For firms that remain unconvinced, it is worth asking: how would I trade without PII and how would I cover a claim that insurers refuse to settle? R

More information >http://bit.ly/19k9xVK

It is accepted that specifications change over the project life cycle, but any changes to instructions should be clearly documented and confirmed with the client

“

http://www.howdengroup.com/en/business_insurance/retail_sectors/insurance_for_surveyors



P R O J E C T M A N Ag E M E N T


After years of civil war, which resulted in the destruction of almost its entire physical and social infrastructure, the small West African country of

Liberia has now been peaceful for 10 years. Last year, President ellen Johnson Sirleaf was voted in for a second term and as part of her mandate has prioritised education in the belief that increasing learning opportunities remains the best way to move a nation state forward.

Improving the nation’s education infrastructure is a key component of Liberia’s Poverty reduction Strategy. A generation of young people has had little or no access to education during the period of political and economic instability that lasted for 23 years from 1980.

Construction and site supervision skills shortages are being filled so that the war torn West African country can rebuild its schools infrastructure. Darren Talbot explains

Re-educating LiberiaThe World bank supported this approach and allocated the country’s ministry of education a Global Partnership for education programme grant. The funding helped to launch a pilot study that has seen 67 schools built on 40 sites over a two-year period in remote areas of Liberia. The eventual aim is to use the outputs of this pilot programme to deliver the 1,500 schools that the country needs to provide basic education to its population.

The project was led by Aecom’s UK schools team, and as the then Head of Schools in europe I was seconded into Aecom Africa as the director managing this pilot programme to work with the Liberian ministry of education. The other main aims of the World bank funded programme were to:

b create standardised designs that the ministry could use for future schools and that all charities and other NGos would be expected to build to in the future

b develop capacity within the ministry, so that they were able to procure schools from contractors in the future

b train local communities (through the contractors) in construction and maintenance.

I assembled a team consisting of a british project manager and four construction managers from Aecom’s operations in South Africa and Sierra Leone. Working closely with local contractors and architects from the World bank, they were responsible for delivering not only the schools, but also training 20 site supervisors, as well as the contractors and staff at the ministry of education.

Caption

Image: ©Alamy N o v e m b e r / D e c e m b e r 2 0 1 3 1 9


Darren Talbot FRICS is a partner at Ridge & Partners [email protected]

Capacity building The legacy of this project is not, however, intended to be the buildings, but rather the capacity that we build within the ministry of education, contractors and our own locally employed staff to be able to carry out the procurement and delivery of the future schools programme.

Following the civil war many people moved to europe and the USA, and in many cases never returned to Liberia. This brain drain, combined with the destruction of schools during the war, left Liberia with very few qualified construction professionals. our biggest challenge was identifying staff with potential, and training them.

To that end, we developed a 10-week training programmes for our own site supervisors, to enable them to report progress to our construction managers, and to monitor the contractors, ensuring that they were constructing the schools to the agreed design and to an acceptable standard.

We also worked closely with ministry of education staff to develop their capacity. This involved carrying out a skills audit/ gap analysis to identify what standard they were operating. We were then able to develop training programmes enabling them to procure and manage future school building programmes that would follow on from the pilot programme.

The first batch of schools is now underway and the second batch,

currently at the planning and procurement stage, will be delivered over an eight-month period, starting at the end of the 2013 rainy season.

Working in remote areasThere are many challenges to working in post-conflict and unfamiliar geographical regions. With regard to the business and administrative aspects we employed a local representative, who arranged work permits, vehicle importation, housing, office space and other general issues. The more complex issues that prevail in this region include:

Logistics: There are very few tarmac roads in Liberia, most roads being laterite, which is common throughout Africa. During the dry season they are generally passable in 4x4 vehicles. However, if they are constructed with too much clay they become extremely slippery during the rainy season, and it is not uncommon to see large trucks in ditches after sliding off the road surface due to the camber. This obviously presents a number of logistical challenges, as it limits the size of vehicle that can access the site. our teams worked with contractors at the beginning of the rainy season to identify materials and transport them to site before the roads became impassable to heavy traffic, storing them in appropriate facilities.

extreme weather: rainfall in Liberia is largely restricted to the rainy season from may to November. In the early and latter stages there are heavy downpours, lasting for a couple of hours or so but in the peak of the rainy season up to 1m of rain falls in a single day. Not surprisingly, this disrupts any site work, and further hampers logistics and resupply. R

Related competencies include T068

Country profileLiberia lies at the extremities of West Africa, bounded by Sierra Leone to the north, Ivory Coast to the south, Guinea to the east and the Atlantic ocean to the west. It is a small country, but has significant mineral deposits, including diamonds, gold and iron ore. It is approximately 43,000 square miles in area and has fewer than four million inhabitants. Mangrove swamps and flat plains dominate its coastal regions, while tropical rainforest covers the uplands. It has a six-month rainy season that deposits approximately 5m rain each year.

Simple reinforced concrete frames, timber doors and cement block walls ensure that local communities will have the necessary skills to maintain the buildings

“

School designsInitially we considered making extensive use of solar panels, solar pumps and rainwater harvesting. However, we started to question our views on sustainability, asking whether this was best achieved by importing solar panels from thousands of miles away in china or europe. eventually we developed a design that incorporated local building methods, combined with design principles maximising light and ventilation in the classrooms. Simple reinforced concrete frames, timber doors and cement block walls ensure that local communities will have the necessary skills to maintain the buildings. Surface-mounted services permit easy repair and UNIceF standard ablutions ensure that good water, sanitation and hygiene principles are maintained.



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T he economic downturn of the past few years has generated plenty of stalled projects. Typically these involve a developer postponing or abandoning a construction project, while awaiting an upturn in the market or a refinancing. but if the developer cannot reach an agreement with the

contractor it may consequently face difficulties. The termination of any building contract constitutes a breach

of its terms, unless it contains a ‘termination for convenience’ clause allowing for a termination without reason. The contractor will then be entitled to damages for the breach, which will include lost profit on the balance of the work.

In the past, developers and other employers have made use of the tactic of issuing instructions to omit work; the omitted work being the outstanding contractual balance. Is this legitimate, and if not, what limits are there on employers making use of the power to omit?

The starting point is that the contractor is not only obliged but also entitled to carry out contract work for an agreed price. If there is a fixed price contract and no variations clause, then the employer is not entitled to omit work at all. This was established in Tancred Arrol & co v The Steel company of Scotland Ltd, a House of Lords case dating from 1890. but the principle was reiterated more recently by the court of Appeal in SWI Limited v P&I Data Services Ltd [2007]. of course, the employer always has the option of waiving the right to have the work done, provided it pays the contractor the full price.

The standard forms of building and engineering contracts all contain variation clauses, allowing for additions and omissions. Some limit the power to omit in financial terms. In the IChemE Red and Green Books, for example, and in the absence of consent, the employer may not, without consent, add or omit work to a cumulative value of over 25% of the contract sum. In mF/1 the figure is 15%. Among other things, that type of clause protects a contractor against a large omission.

An omissions clause will rarely allow an employer to omit work in order to give it to another contractor. In such cases the authority usually cited is carr v J A berriman Pty Ltd [1953], decision of the High court of Australia. Such an action, the court concluded, would be a “most unreasonable power”, for which very clear words would be required.

There has been a lack of case law in this area. one case in which these issues were examined was Abbey Developments Ltd v PP brickwork Ltd (PPb) [2003]. PPb had been engaged by Abbey as a labour-only subcontractor for brickwork and block work installation at a housing development in Herne bay, Kent. The development consisted of 69 plots and the developer was in effect also the main contractor. The subcontract contained a right to vary the number of units that PPb would be given to work on, without PPb being entitled to make any claim. This was presumably because the development was speculative.

clause 2 was crucial:“The company reserve the right to reduce or increase the quantity of the works or to suspend or accelerate the progress of the works or to instruct works to be executed out of sequence, to meet the particular requirements of the development, and such alteration, if instructed, shall not vitiate the subcontract.”

over some months Abbey complained about PPb’s poor site management, lack of labour, health and safety breaches, lack of progress and (some) defective works. Finally, it wrote to PPb referring to slow progress, and stating that PPb should complete the plots that it had started, after which the contract would be terminated and the remaining plots given to another subcontractor.

PPb went to adjudication. The adjudicator agreed with them that the letter from Abbey had been a breach of contract. Abbey then took the matter to the High court, seeking a declaration that it had exercised its power to omit work lawfully in accordance with the contract.

Ian Yule outlines the uses and abuses of instructions to omit work

Justifying omissions



The judge made some general observations as follows:“Provisions entitling an owner to varied work have …. to be construed carefully so as not to deprive the contractor of its contractual right to the opportunity to complete the works and realise such profit as may then be made. They are not in the same category as exemption clauses. They have been common for centuries and do not need to be construed narrowly…. However the cases do show that reasonably clear words are needed in order to remove work from the contractor simply to have it done by somebody else… It remains to be decided (but it is very doubtful) that work could be omitted simply because the owner is dissatisfied with the performance of the contractor …”.

The judge then said this about variations clauses in relation to omissions:“In my judgment… the purpose of a variations clause is to enable the employer to alter the scope of the works to meet its requirements. As a project proceeds it may become clear that some change of mind is needed to attain the result now desired. That might be a simple realisation that something is no longer needed… or it might be for some other reasons such as lack of money, or a change in the requirements of the actual or prospective occupier or user. The test must therefore be whether the variations clause is or is not wide enough to permit the change that was made. If, with the advantage of hindsight, it turns out that the variation was not ordered for a purpose for which the power to vary was intended then there will be a breach of contract. So the motive or reason is irrelevant … the test is familiar and objective – what purpose did the contract envisage?”

The judge held that the variation clause did not justify the omission by Abbey.

The Abbey Developments case therefore supports the following in relation to clauses allowing the omission of work:

b such clauses are to be interpreted carefully b they are not to be interpreted strictly against the party relying

on them b clear words will be needed to allow the employer to omit

work in order to give it to someone else b it is unlikely that work can be omitted simply because of

poor performance.

Checking motives With reference to the extracts above, it seems that one must examine the purpose of the omission. This may seem to sit a little uneasily with the judge’s words that the employer’s motive or reason is irrelevant. but it may be that the judge was simply cautioning against a purely subjective approach. In other words, courts will examine whether an employer’s purpose in issuing the omission was justified by the clause, but that examination will be an objective one.

A key question in cases of this nature is whether a ‘genuine’ purpose existed when the omission was made. That will involve a consideration of all the factual background. The employer’s evidence will have no greater weight than any other evidence.

So, that other guidance is there? Hudson’s building and engineering contracts (12th edition, ed Atkin chambers) notes that employers will not be entitled to use the power to omit to give work to others, or indeed to do it themselves. but it also adds that it would not be correct to apply this principle automatically in every case, simply because ultimately the employer intends the work to be done by others:

“For example, where market considerations impel the Employer to postpone part of the work for an indefinite period, although with the intention of carrying it out at some later date outside the likely construction period, or in a case where the present contract is straining the Contractor’s available resources to the limit, the omission of work in such circumstances might be within the contemplation of the contract, it is submitted, since the invalidation of an exercise of the power to omit work is no doubt based on the generalised prevention principle or implied terms of reasonableness, co-operation and good faith” (paragraph 5-035).

Hudson contemplates two instances where an omission might be justified. It also suggests that limits on the power to omit work may be based on breaches of the ‘prevention principle’ (the principle that the employer cannot insist on performance by the contractor if the employer is itself the cause of the contractor’s non-performance) or of implied terms. This latter suggestion is perhaps more controversial, given the current reluctance of the courts to imply terms into contracts except where essential.

ConclusionIt seems that the test for whether omission is permissible will be objective and related to the clause, namely: is it wide enough to allow the omission in question? A key question will be whether the purpose of the omission, viewed objectively, was within the scope of the clause. evidence as to the relevant facts will be important, but the actual intentions of the employer at the time will be of only limited significance.

Where the reasons are genuine financial difficulties or the non-viability of the project, the omissions clause will usually cover what has taken place. Thus the hypothetical developer referred to at the start may be able to use such a clause, provided it does so carefully. Use of the clause because of dissatisfaction with the contractor’s performance, however, or because of a desire to obtain a better price from another contractor, could well be a breach of contract.

employers may consider bolstering their omissions and suspension clauses to allow for foreseeable problems, such as those described above. one solution is to insert a termination for convenience clause. Such clauses appear in the Nec3 contract, and the IChemE Red Book, for example. If such a clause is proposed, contractors will often wish to negotiate a further clause allowing them at least some lost profit on the work that they would otherwise have done. R

Related competencies include T017

Ian Yule is a Partner in the Construction and Engineering team, Weightmans [email protected]

Employers may consider bolstering their omissions and suspension clauses to allow for foreseeable problems

“

www.weightmans.com



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T he days of swift justice, when employers could (without risk) sack an employee on the spot or by suggesting they look for a job elsewhere, are

long gone. While there may be a temptation in the heat of the moment to deal with problem employees summarily and with no fuss, all employers nowadays, regardless of size, are required to follow strict legal procedures when disciplining and dismissing employees. Yet a huge number of employment tribunal claims continue to be brought each year owing to employers mishandling or ignoring these procedures.

This article sets out how to dismiss employees lawfully in the event of misconduct issues, and the costly consequences to businesses of doing things the more ‘traditional’ way.

EligibilityAny employee who has two or more years’ service (or one year for those employed prior to 6 April 2012) has the right to claim unfair dismissal at an employment tribunal. Unfair dismissal occurs when an employee claims to have been dismissed without good reason, or if the procedure adopted in terminating them was unfair.

While some employers bypass the procedures when dismissing an employee

Helen Crossland sets out an employer’s guide to dismissing employees fairly

Fairly dismissed?

who would not have enough service to be able to claim unfair dismissal, regard should always be given to other claims the employee might be able to bring, including for discrimination, where no minimum length of service is required. In such cases it might then be advisable to follow the procedures, in order to demonstrate that the dismissal was not for an unfair reason.

The disciplinary procedures do not apply to contractors, who do not have the right to claim unfair dismissal. The termination of their employment will instead be governed by any contractual terms between them and the company to which they provide services.

Reasons for dismissal There are three main features to dismissing an employee fairly.

First, there must be a potentially fair reason for the dismissal, for which there are five reasons:

b misconduct/gross misconduct b poor performance or ill health b redundancy b illegality b other substantial reasons justifying

dismissal.

If the dismissal is not for one of these reasons it will be unfair.

If the situation relates to the employee’s misconduct, the employer must then follow a fair procedure prior to dismissing the employee or applying another formal disciplinary sanction. This will help to show that the sanction administered is fair and lawful, and will help to dispel any other potential claims, including that the underlying reason for the action taken was discriminatory.

Finally, and before communicating the disciplinary sanction to the employee, the employer should consider and be able to answer ‘yes’ to: “Am I satisfied that I am acting reasonably in taking the action that I am?”

The procedureWhen disciplining or dismissing employees for conduct issues, the correct legal procedure to follow is the AcAS code of Practice. employers can have their own contractual disciplinary procedures as long as these are not less than the minimum standards set out in the AcAS code. It is advisable in any event to take legal advice before proceeding.



Helen Crossland is a Partner at Hamlins [email protected]

In many cases, minor lapses in behaviour can be addressed through informal discussions or reprimands, but if the matter is more serious, or if the informal approach has failed, the following process should be adopted:1 write to the employee setting out details of the allegations against them, and invite them to a formal disciplinary meeting.2 hold a formal disciplinary meeting at which the employee is given the opportunity to state their case before any decisions are made.3 write to the employee after the disciplinary meeting with your decision, advising them of any disciplinary sanction you have chosen to apply and offering the right of appeal.

employees must be advised in any letters inviting them to a formal disciplinary or appeal meeting of their right to be accompanied at the meetings by a fellow employee or a trade union representative, regardless of whether your organisation has a recognised trade union. employers should also carry out any necessary investigations to establish the facts before the formal disciplinary procedure

is commenced, providing details of any evidence gathered to the employee.

What sanction?once the formal disciplinary meeting has taken place the appropriate penalty can be decided, which could be dismissal or a lesser or no sanction. employers should pay regard to the gravity of the matter, how other employees may have been dealt with for the same or a similar offence, the employee’s disciplinary record and any mitigating or special circumstances. The range of sanctions can include those detailed in Table 1. With any of the sanctions listed, the employee must be given the right of appeal.

What if you get it wrong?Failing to follow the correct procedure properly or at all has costly consequences:

SANCTION P R O C E D U R E P O S S I B L E R E AS O N S

Warning This could be an oral warning in the case of minor infringements or, if the infringement is more serious, a written warning. In either case the warning must be in writing, confirming that it will remain on file for a specified period (i.e. six months)

Poor timekeeping, failure to follow company rules, unacceptable behaviour towards another employee

Final written warning

The warning should again be in writing confirming how long it will be kept on file

Where the employee has an existing live warning(s), and carries out further unacceptable behaviour, or where a first act of misconduct is very serious but falls short of dismissal

Dismissal Confirmed in writing with reasons for the same

If an employee’s conduct has failed to improve after being given a warning(s), or if the first offence constitutes gross misconduct. Examples of gross misconduct could include:

b Theft or dishonesty b Discrimination, bullying or

harassment of another employee or a customer

b Fighting, aggressive or threatening behaviour

b Wilful damage to company premises or property

Related competencies include M0006/SP002

When disciplining or dismissing employees for conduct issues, the correct legal procedure to follow is the ACAS Code of Practice

“

b it can convert a potentially fair dismissal into an unfair one

b if an employee goes on to bring and succeeds with a claim for unfair dismissal, any compensation they are awarded can be increased by up to 25%; the maximum award for unfair dismissal is currently £74,200 (or as is soon to be introduced one year’s salary, whichever is the lesser)

b any warning given to an employee outside of a properly conducted disciplinary process is likely to be meaningless, if you wish later to rely on the warning when dealing with further offences by the same employee. Ultimately, it could prevent you from being able to dismiss an employee fairly for a later act of misconduct, in the event that there is no legitimate warning already in place.

employees can also be financially penalised for failing to engage in the disciplinary process, if they fail to mitigate any losses stemming from their dismissal or because of any fault that contributed to their dismissal.

ConclusionAny employer who has been faced with a tribunal claim will appreciate the cost and inconvenience that defending such claims can incur. While the necessary legal procedures can be a drain on time and resources, and may even appear pointless especially where the case against the employee is seemingly cut and dried, following them and getting them right will vastly improve the chances of being able to defend subsequent claims. In fact, sticking to procedures may lower the prospects of claims being brought in the first place. So the next time there is an urge to tell an employee their P45 is in the post, take heed because it could cost you a lot more than you bargained for. R

Table 1Disciplinary sanctions

http://www.hamlins.co.uk/


BIMEarlier this year, Severn Partnership conducted

a laser survey of the rIcS Parliament Square (PSQ) headquarters. “This has been rendered into a basic 3D cAD model and we now have an Industry Foundation classes [IFc] standard output from it,” says Paul burrows, a Solutions Architect with the rIcS building

cost Information Service (bcIS).burrows describes the IFc standard as “a container into which

all of the different applications being used by the various disciplines collaborating on bIm can put their content, so that it can be shared”.

So, how will the model be used in estimating? In simple terms, burrows explains: “If we can get the quantities from the bIm model, then we can use the bcIS schedules of rates against those quantities, and then produce an estimate.”

He is working with cost-estimating software provider Nomitech, which has incorporated standard bcIS schedules of rates into its costoS v4.6 application, to understand its software tools and their capabilities. The next steps are to include information such as bcIS inflation indexes and location factors.

Nomitech’s involvement builds on its previous work with bcIS. The provider is working through the IFc output and producing a list of questions. Half of these are about the bIm model, such as whether quantities can be measured and estimates produced, says burrows. “The rest are due to PSQ being an old, complex building.” once the review is complete, it is likely that the model will need refining.

Model issuesbecause the model is not complete, it is difficult to draw up a detailed estimate, says Nomitech chief executive Tolis chatzisymeon. “but we can produce an estimate by making assumptions, for example about the thickness of reinforced concrete, and by using formulae to calculate the details of the roof, which had been defined as a single object and so didn’t contain information for slopes, slates, and so on.”

Nomitech’s review has identified some queries to be resolved, including:

b insufficient clash detection b walls (e.g. naming conventions do not match and basement

walls do not start over the slab on grade) b slabs (e.g. incorrect slab-on-grade thickness and some

slabs are missing) b windows (e.g. materials are not stated and not all

dimensions are tagged).

This is where a quantity surveyor’s expertise will ensure that mistakes are corrected and assumptions valid, says chatzisymeon. “Without human input there will be mistakes because there are no perfect models.”

BIM challengesone of the rIcS aims is to communicate the challenges of implementing bIm, so that others can learn from the experience. burrows says there is a range of hurdles to overcome, including:

b Technical glossary: there is no standard nomenclature used by different professions, and even between different surveying disciplines. bcIS talks about an ‘element’ as a functional cost element of a building, but engineers, the IFc standard and the new Uniclass standard all use slightly different definitions

b New v old: do not assume you can pre-assemble a detailed bIm model from libraries of information, because many will not properly represent the construction forms of older buildings. most PSQ windows, for example, are 19th-century windows, which are ornate, specialist items not found in standard rates schedules

b Costing elements: elements’ well-defined boundaries may not be easy to represent in a 3D model. An architect may, for example, draw a wall as a single item from the foundations up to the roof. but when quantity surveyors split it into cost elements, they might put part of that wall in the substructure and part in the internal or external walls

b Scanning an existing building: a laser scan will only record visible surfaces. For anything within the structure, assumptions will be needed. This covers not just embedded building services, but also the structure itself. Knowing fabric details is useful when making repairs, but these will not be in the bIm model until somebody opens up that fabric and enters the data.

There are many benefits for rIcS and its members, but producing quantities, specifications or estimates from this type of bIm model will not be a case of just clicking a button, burrows cautions. “An expert will probably take a few days to produce a detailed estimate for an insurance rebuild assessment. but for something less easy, such as a refurbishment project, we’d need a lot more time.” C

Overcoming the hurdles

C

Further +info

Related competencies include T013, T057, T074

the project team will be sharing its experiences through the RICS technical journals and regular updates on www.rics.org/bim and LinkedIn discussion groupsWeb classes at rics.org/webclass6 December 2013 What is BIM and how can quantity surveyors and project management professionals adopt BIM into their daily practices and procedures 31 January 2014 Implementation of BIM Execution Plans 13 February 2014 BIM Series 3/3: use of data management systems for collaborative working

In the second of our series on how RICS is using building information modelling (BIM) on its London head office, Les Pickford looks at the challenges of producing an estimate from the data in the initial 3D model

Les Pickford is a freelance writer and [email protected]


B U I L D I N g I N fO R M AT I O N M O D E L L I N g



http://www.rics.org/uk/tag/bim/

http://www.rics.org/uk/training-events/e-learning/web-classes

http://www.rics.org/uk/training-events/e-learning/web-classes/what-is-bim/online/

http://www.rics.org/uk/training-events/e-learning/web-classes/implementation-of-bim-execution-plans/online/

http://www.rics.org/uk/training-events/conferences-seminars/rics-bim-conference/london/

And is there such a thing as a perfect blend?

Economic benefi ts The economic downturn and slow return to growth in the construction industry has made it more important than ever to maximise the value of training budgets. As a result, companies are increasingly turning to learning technologies to deliver training directly to employees’ desktops, and to extend the reach and accessibility of training. This integration of learning alongside day-to-day activities ensures greater productivity in the workplace, and reduces the costs and time implications associated with traditional classroom courses.

Also, in today’s challenging workplace, reducing time to competence has become a key issue in the quest to gain commercial advantage, and the blending of face-to-face and online techniques can help people improve their performance more quickly and effi ciently.

People learn diff erently Another factor driving the rise in blended learning is that people learn diff erently, and the approach off ers greater fl exibility and choice for learners.

research shows there are clear diff erences between learning styles as a

whole, as well as between age groups. by 2020 there will be fi ve diff erent generations in the workplace, each with diff erent aspirations and learning preferences and needs. While it is important not to stereotype learners, it is fair to say that the younger generations are more technologically savvy than ever, and come with expectations of learning anywhere, anytime and with personalised content delivered on demand.

blended learning improves choice both in terms of the depth of learning and techniques used. It gives learners greater control by empowering them to select the ideal mix for their personal needs and role, resulting in greater engagement.

More than the sum of its partsThe increasing demand for the learning and development function to deliver greater value to organisations, has seen many of the individual elements of blended learning steadily increase in popularity. This has led to a growing recognition that online technologies, when used alongside the wide range of existing face-to-face methods, can outperform traditional approaches in terms of knowledge acquisition, building skills and, ultimately, personal growth and productivity.

Also, organisations are recognising that e-learning can be even more eff ective when blended with face-to-face sessions.

A further benefi t of a blended approach is that it usually helps to ensure that

LEARNING CURVE


During the past fi ve years there has been a rise in the popularity of blended learning, and increasingly it is becoming one of the preferred choices in the workplace for professional training, and to develop talent more eff ectively.

In the early days, blended learning simply combined classroom training with e-learning. However, today’s programmes bring together a whole range of diff erent face-to-face and online learning tools such as web classes, online forums and podcasts. collectively, these provide the right blend of bite-sized learning for both the learner and the organisational goals the training is aiming to achieve.

According to the 2013 european Learning Trends survey carried out by rIcS partner cegos Group earlier this year, 53% of employees in the UK who receive training are using blended learning techniques, and there is a growing preference towards blended learning across europe.

The number of people using the rIcS blended learning programmes has grown exponentially over the past three years, to nearly 600 individuals across 50 countries worldwide.

So what is driving this stronger appetite for blended learning today?

53% of employees in the UK who receive training are using blended learning techniques, and there is a growing preference towards blended learning across Europe

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L E A R N I N g

Pierpaolo Franco looks at how blended learning can help organisations improve performance, productivity and engagement

Education and training

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L E A R N I N g


learning and development is transferred back into the workplace, essential for delivering return on investment in today’s economic climate.

Is there a perfect blend? The answer to the question is both yes and no. clearly, one size of blended learning programme will not fit all. blended learning is an art rather than an exact science, with success hinging on ensuring that each individual component adds value. each component should have a clear business case. Why do you want to do it? What issues or problems can it help you to solve? Does it offer an opportunity to improve business performance? Also, each element of a blended programme needs to be viewed in the context of the overall blend and learning objectives.

In any blend, the learning should be transformational for the individual as well as the organisation. To achieve this, the programme needs to be stimulating, challenging, inspiring and motivating.

Today, the opportunity is there to include technology-enabled learning and to capitalise on the benefits that this offers. However, organisations need to be careful not to blend for the sake of it – technology should be the enabler rather than the driver. Successful programmes link learning to a training need, underpinned by a clear learning strategy. C

Pierpaolo franco is RICS Global Director of training [email protected]

Upcoming training courses

Improving infrastructure delivery with BIM series online academy Live web class5 November19 November 3 December n http://bit.ly/GAZ5k7

The rIcS training solutions for the built environment are designed with both the learner and organisation in mind and help to drive down the cost of training, speed up learning and ultimately improve individual and business performance.

Fundamentals in Construction Project Management This foundation-level course defines the concepts and processes associated with being a project manager within the construction industry. It has been designed to help develop economic, legal, technical and management knowledge and skills. You will learn how to plan, organise and control construction operations and gain knowledge across all stages of the process from initial feasibility studies through to design, construction, maintenance, refurbishment and demolition.

You will gain a deep understanding of the global standards required within the construction project management industry, and at the end of the six-month interactive blended programme will be able effectively to manage a project management organisation and take a strategic view for optimal performance.

The programme provides 300 hours continuous professional development

and is composed of 24 weekly topic modules taught via a range of supportive and informative learning methods including:

b audio/visual rresentations delivered by a leading subject matter tutor online

b topic- related training materials including structured case studies and practical exercises that encourage knowledge sharing with fellow delegates via online forums and web classes

b topic-related reading material hosted online and providing access to the latest theory and practice

b online forums for tutors and delegates to share information and ask questions creating a collaborative community based learning environment

b virtual classrooms sessions (web classes) with a tutor every five weeks

b online course text books providing in-depth topic coverage

b end of week refresher assessment to track progress and identify any areas where further support is needed.

Five core subject areas are covered: b project management fundamentals b project monitoring and control b procurement and financial

management b management of projects b other issues in project management.

B U I LT E N V I R O N M E N T P R O g R A M M E S

Becoming an APC supervisor or counsellor12 November, LondonThe course will cover every stage of the APc process, understanding competencies and how to assess them, and what is required at the Final Assessment.n http://bit.ly/1f2yoDi

Preparing for the Critical Analysis 25 November, birminghamThis course will show you how to select the right topic, what elements it should contain, how to prepare it, and what the assessors will be looking for.n http://bit.ly/GAWirA

Preparing for the Final Assessment 25 November, birminghamThis course will cover all you need to know about the Final Assessment, how it runs and what is expected of you.n http://bit.ly/18TKoB4

Carbon management in the built environment4 December, London, The course will help attendees in advising clients on developing carbon management plans, set meaningful targets and understand how to meet the carbon reduction commitment.n http://bit.ly/1fLARDE

Related competencies include M005

For more details, visit www.rics.org/uk/training

For further information visit www.rics.org/ training-events

More information> www.rics.org/onlineacademy

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http://www.rics.org/uk/training-events/

http://www.rics.org/uk/training-events/training-courses/becoming-a-supervisor-or-counsellor-half-day/london20131112/

http://www.rics.org/uk/training-events/training-courses/preparing-for-the-final-assessment-half-day/birmingham-2/

http://www.rics.org/uk/training-events/training-courses/carbon-management-in-the-built-environment-1-day/london20131204/

http://www.rics.org/uk/training-events/training-courses/preparing-for-the-critical-analysis-half-day/birmingham/

https://training.rics.org/course/view.php?id=55&page=65

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L E g A L H E L P L I N E

HELPLINELegal

kevin Joyce is a Partner with law firm Pinsent Masons and runs a free Legal Helpline Service for RICS [email protected]

HELPLINELegalTaken as a whole

Related competency include T064

In a follow up article on the hierarchy of documents under the NEC3, Kevin Joyce looks at how the Technology and Construction Court dealt with one seeming ambiguity

and provided for sectional completion of the works and delay damages relating to each of the sections. rWe was the employer, bentley the contractor. on interpreting the contract as a whole, the judge found there was no discrepancy on which the priority of documents clause could bite.

bentley's liability for delay damages turned on what was included within Section 2 of the works (the penstock pipeline). How the court interpreted the various contract documents would determine whether the penstock pipeline had been completed on time.

The case involved a not uncommon situation: the parties were negotiating, amending and re-drafting clauses of the contract up to the final moments before the contract was signed. This gave rise to inconsistencies between the descriptions of sections, requirements for completion and damages for late completion.

In establishing whether there was in fact an ambiguity or inconsistency the court held the individual contract documents and clauses must not be looked at in silos, but rather the entire contract and all of the documents in it must be considered as a whole.

ConclusionThe judgment in this case is a reminder that in the event parties disagree as to the interpretation of a clause due to an ambiguity or inconsistency between the contract documents, the court will consider the whole of the contract and only then, if there is a clear and irreconcilable discrepancy, will it revert to any priority of documents clause to resolve it. In the Nec contracts such a clause is not included and so would need to be added by amendment. C

More information >The Nec’s lack of a standard ‘hierarchy of documents’ clause, and the approach to interpretation in its absence was considered in the June/July 2013 edition of Construction Journal

What is the key message from the RWE Npower Renewables Ltd v JN Bentley Ltd decision?

AThe Nec is silent on how to deal with the situation where a clause in one contract document is ambiguous or inconsistent with another. Similarly, there are no

provisions that deal with discrepancies between clauses within the same contract document. These gaps can give rise to problems and uncertainties, particularly, in the former case, given the volume of documents commonly included in building contracts.

The RWE Npower Renewables Ltd v JN Bentley Ltd decision shows that what at first glance may seem an ambiguity or inconsistency between contract provisions, may not in fact be so when the contract and all its documents are read as a whole.

How does NEC deal with ambiguities?clause 17.1 of Nec3 provides that:“The Project Manager or the Contractor notifies the other as soon as either becomes aware of an ambiguity or inconsistency in or between the documents which are part of this contract. The Project Manager gives an instruction resolving the ambiguity or inconsistency.”

The Project manager then issues an instruction to resolve the ambiguity or inconsistency, which instruction will not be a compensation event (so the contractor is not entitled to additional time or money) unless it changes the Works Information. Accordingly, to this extent, inconsistencies between contract documents are at the contractor’s risk.

Where the instruction to resolve the discrepancy results in a change to the Works Information, the assessment of the resulting compensation event is, “as if the Prices, the Completion Date and the Key Dates were for the interpretation most favourable to the Party which did not provide the Works Information” (clause 63.8). In other words, the clause is interpreted against the party which made the mistake.

Judicial rulings Judicial decisions on the Nec suite of contracts are comparatively rare. However, in rWe, mr Justice Akenhead considered a priority of documents clause that had been included in the form of agreement. The question was whether there was a discrepancy between the contract documents as was asserted by rWe Npower and denied by bentley.

The contract was for civil engineering work to be carried out at the black rock Hydro Scheme in the Highlands of Scotland,

Q

Related competency include T064


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