construction journal november-december 2015

Construction Journal

November/December 2015rics.org/journals

How the Construction Regulations have changed

PG. 6

On the safe side

Building experienceWhy Asia is embracing partnership working

PG. 18

Legally engaged? The importance of right-to-work checks

PG. 15

Put to the test Get set for the graduate job search

PG. 9

RICS CONSTRUCTION JOURNAL

C O N T E N TS

N O V E M B E R / D E C E M B E R 2 0 1 5 3

contentsCONTACTS

While every reasonable effort 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 suffered 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

Published by: Royal Institution of Chartered Surveyors, Parliament Square, London SW1P 3AD T +44 (0)24 7686 8555 W www.rics.orgISSN: ISSN 1752-8720 (Print) ISSN 1759-3360 (Online)

Editorial and production manager: Toni Gill

Sub editor: Gill Rastall

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Design by: Redactive Media Group Printed by: Page Bros

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: Emma-Kate Ryan (Faithful and Gould), Helen Brydson (Faithful and Gould), Martin Stubbington (RICS), Gerard Clohessy (EC Harris), Christopher Green (Capita Property and Infrastructure), William Hall (Lendlease), David Cohen (Amicus), Andrew McSmythurs (Sweett Group), David Reynolds, Tim Fry (Project Management Professional Group Chairman), Alan Muse (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 Weale E [email protected]

4Chairman’s columnTim Fry makes the case for a more diverse and technically aware profession

5Update

6On the safe sidePaul Thomas explains important changes to the Construction (Design and Management) Regulations

9Put to the testApplying for graduate jobs is stressful, but good preparation can help you through the process, says Emma Kate Ryan

12Joining up for a revolutionDiversity is a strategy, not an issue, says Amanda Clack

14Getting on boardStephen Finnegan discusses the impact of the Energy Savings Opportunity Scheme

Front cover: @ Getty

15Legally engaged?Stuart McWilliams sets out the importance of effective right-to-work checks on new employees

18Building on experienceHannah Feddon looks at the use of partnership-based procurement in the Asian construction market

21Culture for successTechnology presents major opportunities, but it will have little impact on project performance without the buy-in of people and teams, argues Wes Beaumont

23Level bestHelen Crossland advises on how to avoid claims of discrimination in the recruitment process

24Legal helplineLegal experts answer common queries

Construction Journal

November/December 2015rics.org/journals

How the Construction Regulations have changed

PG. 6

On the safe side

Building experienceWhy Asia is embracing partnership working

PG. 18

Legally engaged? The importance of right-to-work checks

PG. 15

Put to the test Get set for the graduate job search

PG. 9

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C H A I R M A N ’S C O L U M N

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CHAIRMAN'S COLUMN

Tim Fry is Chairman of the RICS Project Management [email protected]

Widening the knowledge circle

Tim Fry makes the case for a more diverse and technically aware profession

It’s certainly an interesting time to be in project management. We have the benefit of both the Pope and Sir Alex Ferguson’s views on leadership. Ferguson may not be everyone’s cup of tea but he was a consistent winner – and we should not restrict ourselves to learning from our peers but should also embrace a wider range of learning and apply it to what we do to earn our daily crust.

There is no monopoly of knowledge in project management, and other sectors do things as well, if not better than property and construction, and we should always be on the look out of a better, way of doing things. Diversify your reading and you may learn something new – there is a growing and dynamic literature

now available on project management generally, and it is well worth delving into it for new ideas and innovations.

Making better teamsThis conveniently moves me onto the recent Grant Thornton report Women in business: the value of diversity. The research concludes that companies perform better when they have at least one female executive on the board. Its study of the UK, US and India shows that publicly traded companies with male-only executive directors missed out on £430bn of investment returns last year. That is a lot of money, and I bet the shareholders aren’t too pleased.

The RICS Project Management Professional Group Board, which I chair, includes women and has a good age range; indeed the previous chair was a woman, and frankly we’re a better team as a result. Last year we had a woman president of RICS and another will take up the role next year. Amanda Clack makes the case for a diverse workforce as a driver of business success – a strategy, not an issue (see p12).

Yet there are still firms that have no females apart from perhaps a HR professional as a company board member. We don’t live our lives like this, so why do we put on a different hat at work? Come on UK – let’s lead, not follow.

Embracing technologyThere is another aspect to diversity, which is using technology in its different guises. Wes Beaumont’s article argues that technology presents major opportunities for improving project performance, but it will have little impact without the buy-in of people and project teams (p21). I agree with him. Read

the article and let us know what you think either by contacting me or journal editor Robert Mallett.

Like most others, I bank, book travel, arrange meetings, check progress of my life on my smart phone, which has now become an indispensable feature of my daily life. Yet few of us use one to get reports on our projects or have project apps. Why not? If you manage, you control; take the lead and run your project like you run your life.

Take care, enjoy your work and I’ll be back early next year when I’ll air my provocative yet thoughtful views on building information modelling. Apart from being able to show clients a 3D and 4D view of what is/is planned to be delivered, what else does it really add? Isn’t it about time that those who have the skills to take risks do so, and stop passing it endlessly down the line to the SME at the end of the food chain? b

If you manage, you control; take the lead and run your project like you run your life



U P DAT E

UPDATE

Contract administration 21 October, Birmingham; 28 October, ManchesterThis face-to-face course focuses on construction and engineering contractsand sets practical examples and provides proactive guidance and feedback.n rics.org/contractadmin FIDIC web classesContract management – introduction9 December Find out which type of contract is best suited to your project.

Managing global construction projects17 December, 12 and 20 January 2016Get a clear understanding of the major events through a FIDIC contract life, based on real cases.n academy.rics.org/ Autumn CPD Series Various locations, UKThis range of one-hour seminars offers local, low cost and affordable CPD. Topics include boundary disputes, modern methods of construction, professional indemnity insurance market updates.n rics.org/cpdseries RICS risk management in construction roadshow 4 November, Manchester; 9 November, London; 17 November, Cambridge; 2 December, BirminghamThe importance of effective risk identification, mitigation and management to the overall success of a project is increasingly acknowledged. This roadshow will build on RICS guidance, covering practical strategies. n rics.org/riskinconstruction

TRAINING

The withdrawal of Green Deal funding before Parliament’s summer recess effectively ended the former administration’s flagship energy efficiency retrofit programme.

Subsidies for onshore wind farms have also ended and the government launched a consultation that proposes to end subsidies for small scale solar farms. Finally, zero carbon homes targets have been scrapped, which also means that efficiency improvements due to be implemented under provisions within a new edition of Part L to be introduced in 2016 have been abolished. This leaves Part L 2013 to set the standards for the foreseeable future.

The government intends to replace the Green Deal scheme with a simplified, more industry and consumer friendly version, although details are not yet available. Ending onshore wind farm subsidies brings into question the government’s support of other renewable energy technologies, especially rooftop solar power, elevating the risks associated with investing in these technologies. At the same time, the

All change on government energy-efficiency initiatives

wisdom of scrapping zero carbon homes targets has been challenged by industry leaders.

Such uncertainty undermines confidence, deterring investors and innovators from developing long term solutions to improve the energy efficiency of the UK built environment and decarbonise the energy infrastructure.

An approach that focuses on increasing native oil and gas supplies (including controversial shale gas) is a short-term fix, postponing the real challenges and possibly imposing environmental concerns onto the next generation.

The longer term picture remains unchanged. The Minimum Energy Efficiency Standard comes into force in April 2018, and targets such as the EU requirement for all new buildings to be nearly zero energy by 2020 and the UK’s commitment to reduce carbon emissions by 80% by 2050 remain in place.

Mat Lown is Partner and Head of Sustainability at Tuffin Ferraby Taylor [email protected]

Yorkshire & Humber construction dinner 20 November Royal Armouries Museum, LeedsThe annual construction dinner offers great food and networking with some of the region’s key firms. n rics.org/yhdinner

BIM AwardsFollowing the success of last year’s ceremony, RICS is to host the second RICS BIM4SME Awards in collaboration with the BIM4SME Working Group. The awards highlight the tremendous opportunities BIM presents to small and medium sized businesses, showcasing excellence and promoting best practice

within the industry. Project teams will be able to submit their entries after the launch at the RICS BIM Conference in February 2016.n rics.org/bimconference

RICS and APM Project leadership conferenceThe 2016 conference will examine what kind of people investment, skills diversity, leadership and industry engagement are needed to ensure optimum business and project results. Find out how to future-proof your business by attracting, developing and retaining professionals in the war for talent. Register your interest at n http:// bit.ly/1yFM9qHl

http://www.rics.org/uk/footer/rics-bim-conference-2015/

http://www.rics.org/uk/training-events/networking/rics-construction-dinner-yorkshire--humber/leeds/

http://www.rics.org/uk/training-events/training-courses/contract-administration-1-day/manchester111/

https://academy.rics.org/

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

http://www.rics.org/uk/training-events/conferences-seminars/rics-risk-management-in-construction/birmingham/


H E A LT H A N D S A F E T Y


On the safe side

Paul Thomas explains important changes to the Construction (Design and Management) Regulations

On 2 April, the Health and Safety Executive (HSE) published the Construction (Design and Management) 2015 Regulations and the accompanying L series guide explaining what the law is

seeking to achieve and what the regulations mean in practice for the dutyholders across all construction projects.

This guide is supported by a series of industry guidance booklets, one for each dutyholder and one for workers. Written by industry groups representing the breadth of construction professionals, and hosted by

Construction Industry Training Board (CITB), their focus is to provide practical advice on implementing the new legal requirements on smaller construction projects.

What’s new?The regulations provide a more linear structure that represents the process of delivering a construction project from concept, through design and build to handover and future use. This approach provides greater clarity on the importance and influence of each dutyholder on the way construction hazard and risks are identified, reduced, controlled and managed throughout a project. They contain a single set

Image © Alamy



of requirements, applicable to all projects irrespective of size and duration, and unlike CDM 2007 there is only one trigger point for additional action in the new regulations, which concerns the client.

Commercial clients Recognising the importance and influence a client has on how a project is procured and delivered and the standards that underpin these processes, the regulations strengthen and broaden their responsibilities. They encourage clients to actively lead construction projects, while recognising that their experience and abilities will be diverse.

The client is now responsible for making the arrangements by which the project will be managed, and ensuring that these are maintained and reviewed throughout its life cycle.

Where there is or is likely to be more than one contractor working on a project, the client must appoint both a principal designer (PD) and a principal contractor (PC) at the earliest opportunity and certainly before construction starts. The client is also responsible for taking ‘reasonable steps’ to ensure both the PD and PC comply with their duties, for providing pre-construction information, ensuring the construction phase plan and health and safety file are produced and for ensuring the health and safety file is handed over to any new owner of the structure.

Domestic clientsAlthough the exemption for domestic clients has been removed, the only responsibility placed on them is to appoint the PC and PD, in cases where there is more than one contractor. However, if this (as will be common practice) does not happen, the regulations automatically transfer the client duties to the contractor or principal contractor of a project.

In recognising that some domestic clients may have already established a relationship with their designer before they go ahead with construction, the regulations allow the designer to take on the client duties, where there is a written agreement between the two parties to do so.

Principal designer This new role brings the function of planning, managing, monitoring and coordinating the design stage of the project directly into the project team and under the control of a designer.

The PD will support the client in bringing together and providing the pre-construction information, and act as the conduit for disseminating that information to the various dutyholders at the right time. This will be an ongoing responsibility throughout the life of the project. The PD is responsible for ensuring the designers working on the project discharge the duties placed on them throughout their appointment. Their role mirrors that of PC in the construction phase. This role is not limited to the design stage before construction starts.

The PD will work with the PC throughout the life of their appointment to ensure the health and safety implications of design aspects and later changes are properly considered, support the PC in

drawing up the construction phase plan as well as developing the health and safety file and providing it to the client at the end of the project.

The regulations recognise that in some projects the PD may not be contracted throughout the whole life of the project – especially when the design stage is complete and the construction phase is well advanced. If the PD is released from the project, then the responsibility for completing the health safety file and handing it to the client passes to the PC.

NotificationThe notification threshold for projects has changed. A project becomes notifiable where it lasts longer than 30 days and has more than 20 workers working simultaneously at any one point, or exceeds 500 person days. Increasing the notification threshold will significantly reduce the number of projects required to be notified, and thus reduce the burden on business. Notification is a stand-alone requirement and does not give rise to any additional duties.

Removal of ‘competence’Competence is a term that has no minimum standard of compliance, is widely misunderstood and unhelpfully applied to both individuals and organisations – giving rise to unintended

b simplified structure b clients’ responsibilities strengthened and broadened b removal of exemption for domestic clients b a new role of principal designer to coordinate the design stage b removal of the role of CDM-C b removal of notification as a trigger point for additional duties b appointments threshold where more than one contractor on a project b notification threshold includes worker numbers b ‘competence’ replaced with ‘skills, knowledge, experience and training’ and

‘organisational capability’.

Regulations at a glance

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H E A LT H A N D S A F E T Y


bureaucracy without necessarily improving the development of a competent workforce in all sectors of construction.

To address some of these issues, and to make the delivery of a competent workforce clearer for dutyholders, the new regulations have disentangled competence into its component parts of skills, knowledge, training and experience (SKTE), and where it refers to an organisation, organisational capability.

The new regulations focus attention on the work that individuals and organisations are appointed to undertake, and require that those appointed have the necessary skills, knowledge and experience to deliver that work effectively and safely – each and every day. It is, therefore, incumbent on anybody appointing a contractor or designer (including PD and PC) to ensure they have the necessary skills, knowledge and experience before they are appointed.

The regulations also provide flexibility for those employing and appointing site workers, by requiring that those employed or appointed either have or are obtaining the necessary SKTE for the task in hand. By requiring contractors to provide adequate supervision for all workers under their control, the regulations allow workers to develop site skills without being put at risk or putting themselves and others at risk.

The construction phase planAll construction projects will now require a construction phase plan (CPP), irrespective of size and duration. The purpose of this provision is to focus the attention of those undertaking even the smallest of projects (including domestic

work) on the planning of the project, thereby ensuring that associated risk is considered and controlled.

To help small construction businesses complete these plans without additional burden, HSE has produced a simple template, available from its website, which includes the necessary information to allow businesses to plan their work and consider risks quickly and efficiently.

Additionally, a smartphone app is available to download form the CITB website (http://bit.ly/1Lw26fw), which allows the construction phase plan to be completed within a few minutes, designed for small businesses undertaking routine construction projects.

Once the relevant construction activities are input, the app identifies the common health and safety risks, and the control measures to be followed. The plan is automatically generated and can be saved or emailed to clients and other contractors. HSE encourages all small building firms to adopt this approach.

Advice obligations?A designer can take many guises; architect, technician or technologist through to the specific structural, civil, electrical disciplines. Moreover, any other discipline (including contractors) preparing or modifying a design, or arranging or instructing another under their control to do so, is a designer. Irrespective of the role, the duties on the designer remain the same. Primarily, their first obligation will be to ensure that the client is aware of their obligations under CDM before they start any design work.

Designers’ responsibilities differ little in this respect from that conferred on them by CDM 2007. A designer should

have sufficient knowledge of the client’s obligations to assess their knowledge and advise them of their role, a routine matter that will be part of any early discussions about the project. The regulations do not specify any one method by which designers will discharge this responsibility, and indeed it will be on a case-by-case basis.

Many designers have in the past used a standard letter format to the client and this may continue to be a sensible approach. In the smallest commercial projects this may prove a useful method, but it may be that verbal advice and assurance is enough. It is often helpful for a designer to have some mechanism to record that they have discussed and advised the client on this issue, but any such mechanism should minimise bureaucracy for bureaucracy’s sake.

Domestic clientsMost importantly, the regulations do not seek to make the lives of contractors more difficult. By passing the client responsibilities to the principal contractor or contractor in control of the project or the designer if the domestic client so wishes, the current position for domestic projects changes little.

The new regulations intend to support small business in improving health and safety standards on sites where incident rates are high. It is not the intention to increase bureaucracy or cost. By providing clear guidance, HSE believes that small construction projects can be delivered to a higher standard of health and safety, and thus cost effectiveness, with minimal extra work on the part of business. b

More information > The L series and industry guides can be downloaded free from HSE www.hse.gov.uk/pubns/priced/l153.pdf Construction phase plan template www.hse.gov.uk/pubns/cis80.pdf

Paul Thomas is Principal Specialist Inspector with Health and Safety Executive Construction Engineering Specialist [email protected]

b Read the industry guides b Download the CITB smartphone

CPP app and use it. b Be aware of your possible role

as a client in domestic projects. b Use the HSE CDM 2015 website –

it has all the information you need for free.

b HSE does not expect contractors to be health and safety officers – they want you to work safely.

b Contractors and designers need to communicate and help each other in delivering a successful project.

Top tips

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It is important to define how you would like your career to progress

Put to the testApplying for graduate roles can be stressful but preparing for the most common questions through the recruitment process can stand you in good stead, says Emma Kate Ryan

Generally, online graduate recruitment portals for larger companies go live around the start of the academic year. It is advisable to

access websites such as TargetJobs for an overview of the companies in your chosen field, and make a note of application deadlines.

For construction, engineering or surveying candidates, there is also the additional choice of applying to consultancies, contracting or client organisations. General wisdom is that none of these types of organisation are better than the others, but some will focus on different skill sets, so it is important to broadly define how you would like your career to progress over the next three to five years.

Most organisations will have one thing in common, however; they will expect you to attain chartered status with a chosen professional body. They will generally provide support in this process. Review the company website and look out for information on how they assist candidates in becoming qualified.

Your university course may be accredited by a professional body. This means you are eligible to start your qualification process from the day you start your graduate role. If you did not study on an accredited course, many companies will pay for the right candidate to complete a master’s degree in conjunction with their graduate programme, so do not let lack of accreditation stop you from applying to a certain role. This applies

to non-construction graduates also, because many employees regard diversity as very important and are always on the lookout for talented graduates with an alternative skillset.

The recruitment process for construction and engineering companies generally follows four steps.

Online application formsMost recruitment processes will begin with candidates being asked to fill out online forms, requesting general information, and information relating to their academic history.

Then there are longer questions, relating to the candidates’ work experience(s) and knowledge of the industry. Examples include:

b give us an example of when you showed leadership

b what do you know about the company? b what do you know about the job role

and career path? b what is your favourite construction

project and why?

First, good grammar and punctuation are essential. Respond to all questions, and make sure references to the employer’s name and your personal and contact details are correct.

It is useful to type your answers in a Word document prior to answering these questions on the form. These forms can be tedious to fill out, and similar questions are asked by a lot of graduate recruiters. So while it is important to tailor your answers to specific questions, a lot of material can be reused. Make sure you do not accidentally reference another company in your answer, however. It is also advisable to elaborate on your answers, and go into detail with the responses. After all, this is your first opportunity to present yourself as a passionate and diligent candidate. Do


A P C

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A P C

not be afraid to promote yourself.

Make sure you research the

company and their values. If you can reflect

these in your responses, you will present yourself as a good fit. Use the STAR approach: the situation, the tasks you had to do, the actions you took and the final result. Recruiters will read thousands of applications, so making their life easy can only help.

Companies can also ask you to connect to their online form via LinkedIn. While this is convenient and far less time-consuming that filling out lots of forms, make sure your profile is representative of a stellar future employee, with succinct past career and academic information, a work-appropriate profile picture, and good information on extra-curricular activities and hobbies.

Psychometric testsThese are often used as a filtering mechanism at an early stage in the process. Psychometric testing will test your verbal and numerical reasoning at a minimum, with engineering and construction companies often requiring non-verbal reasoning tests to spot patterns or sequences (called diagrammatic or abstract reasoning tests).

These tests will be timed. You can carry out practice tests online, and it is highly advisable to do so. When the time comes, make sure you are in a quiet space where you are not likely to be disturbed, and you have a pen, paper and a calculator to hand.

Some companies may also wish to carry out personality testing. This presents you with different situations and asks you how you would respond. There is no right or wrong answer, and generally these tests are not timed. They examine whether you display the attributes the company looks for in a prospective employee, and how you are likely to fit their culture.

Telephone interviewsThe next step is an invitation to a telephone interview. These generally last an hour, and as with psychometric testing, it is important to find a quiet

space, and make sure that you have a good signal on your phone – it is best to use a landline if possible.

Telephone interviews can be one of the largest hurdles in this process, with candidates finding it especially difficult to gauge whether they are heading in the right direction with a response, because they cannot see the interviewer’s reaction. Generally, questions tend to be similar to those on online forms, but you will also be asked your opinion on current technologies, the market, and so on, which should be researched online.

It is helpful to write out some answers, but it is advisable to do so in bullet point format. Large amounts of text can be hard to sift through on the spot and additionally, reading from a large body of text can sound rehearsed. It is important to sound natural. Let the interviewer know if you are nervous and take a second to collect yourself – recruiters appreciate that this is a stressful time.

The assessment centre Having made it through the telephone interviews, the invitation to the assessment centre is the part of the process that candidates find most daunting. Use this opportunity to your advantage – this is the time for you to find out whether this is the company you want to work for.

Arrive early and make a strong initial impression. It is important to dress and behave professionally. Be friendly and introduce yourself to the other candidates – it can be useful to form friendships to help you through the day. Generally, assessment centres will consist of team exercises, written exercises, presentation exercises, and a technical interview. Team exercises: For construction, surveying and engineering jobs, candidates will often be asked to form a group and produce a plan for a certain engineering project, such as deciding how to spend a budget to construct a new town, or something similar. The exercise assesses how you process information, and work as part of

a team. Do not be afraid to disagree on a point, but make sure to acknowledge the other candidates’ contribution and then politely suggest an alternative. Written exercises: This assesses your ability to extract the essential points from a large body of information, and how you translate this into a report. Stay calm and focused and do the best you can in the time. It can be useful to make a small plan before you start to write your report to ensure that you stay on track. Presentation exercises: Companies can then ask you to present the findings of your written exercises, or the team exercises. These can be as part of a group or individually. If in a group, make sure you take your chance to speak. Use eye contact and speak clearly. Remember, recruiters just want to find out about you, and how you take on challenges. The same goes for individual presentations; impart the information to the interviewer in a calm and focused manner.

Technical interview: The interviewers are often senior members of

the team you will be joining if you are successful in

your application. Again, it is important to be yourself; interviewers are not trying to catch you out. They will often ask you

about the topic your dissertation covered,

and topics covered by your course. If you are a

non-construction undergraduate, they will ask more generalised construction questions to ascertain your knowledge of the industry. In all cases, if you do not know the answer, say so – honesty and transparency go a long way in this situation.

Interviewers want to know whether they can count on you to get things done,

This is the time for you to find out whether this is the company you want to work for

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Emma Kate Ryan is a Graduate Quantity Surveyor at Faithful and [email protected]

Nine years ago, when I heard about a trainee quantity surveyor role at a local company, I barely knew what the job involved. It did not take me long to realise that the role matched my analytical and mathematical skills perfectly.

I attended college on a two-year day release course (BTEC National Certificate in Construction) at City College Plymouth. This gave a broad overview of the construction industry, and helped me to ensure that I was on the right career path. I spent the majority of my time shadowing senior managers and began to get a better picture of what a career in the industry would be like.

After this I went on to complete a four-year distance learning degree at the College of Estate Management in Reading. Balancing my degree and a full-time job had its challenges. I spent many late nights and weekends studying, although the positives greatly outweighed any struggles. I was able to gain a qualification, while putting into practice the theoretical skills I was learning.

I enrolled on the RICS APC pathway in the last year of my degree and began to complete my diary and gain my professional experience. I was lucky to work on a variety of projects, from a small extension to a residential school for students with severe learning difficulties, to multimillion pound student accommodation blocks and university lecture theatre schemes.

I joined Faithful and Gould in January 2013 midway through my APC, a decision largely influenced by the fantastic APC support programme on offer coupled with higher than average pass rates.

Soon after joining, my manager realised that I was capable of running projects with minimal supervision, and I was given a number of college newbuild and refurbishment schemes to run through to completion. The increase in responsibility and client interaction helped me to gain sign off on the level three competencies I required. I really enjoyed the project level involvement and interaction with the wider project teams.

I was told that with an injection of hard work and determination I would be ready to sit my final interview in May 2015. This gave me the motivation to throw everything into those final few months to ensure I was ready. Finally the judgment day arrived and when the congratulations email popped in the feeling of achievement was overwhelming.

Now I have gained my MRICS I am excited about the possibilities open to me. I look forward to running a team of QSs one day and mentoring them through the APC process, providing the same kind of support and inspiration that I was lucky enough to have received.

Emma Martin is a Quantity Surveyor at Faithful and [email protected]

Support networkEmma Martin describes her route into the construction industry

whether you could attend client meetings straight away, and whether it would be safe to send you out on site from the outset. So it can be useful to brush up on your health and safety modules.

Interview questions could take the following form:

b could you tell me some procurement routes you are aware of?

b how would you measure a gross internal area of a building?

b what typical defects would you expect to find in a Victorian building?

b what foundations would you use to construct upon a certain type of soil?

They can also ask you to sketch different types of foundations or structural elements – so take a look at these when you are preparing.

Be yourselfRecruiters are looking for personality, and often candidates have to interact with recently employed graduates over lunch, or tea and coffee. Don’t be shy; the current graduates will have recently been through the process so will try to encourage you and be friendly and accommodating.

Try not to worry if you are not successful with a company you decided through online research that you really want to work for. There is a variety of workplaces that will value your particular personality and skill set, and the recruitment process of established companies is attuned to employ the most appropriate candidates. They want their successful candidates to interact well with current employees and fit the company’s ethos. You might just find the perfect job somewhere you never would have considered previously.

Usually, all that remains following this day is to continue with your final year university work and wait to hear from your graduate recruiter. There will be bad news, and there will be good. So focus on choosing the right role for you, from the offers of companies that want someone just like you on their team. b

Image © Ikon



DIVERSITY

Joining up for a revolution

A revolution is taking place in the land, property and construction professions, which are seen by many as made up of an

aging, declining membership, out of touch with the modern world.

The struggle is not just confined to surveying. According to the Edge Commission’s Collaboration for change report on the future of the UK's design and construction industries, detractors see a tendency towards protectionism, resistance to change, and the preservation of hierarchies within the professions (http://bit.ly/1Ely4Hd).

RICS and other bodies have worked hard to reinvigorate the sector, but there is still much that can and should be done. More than 50% of RICS members are over the age of 50, and only 13% of the membership is female (15% in the UK). The organisation has a strong focus on all aspects of diversity and inclusion, especially attracting and retaining women in the profession.

The built environment profession clearly lags behind other industries on gender diversity. To increase the number of women in leadership roles and the pipeline of future female leaders, the key is to see diversity as a business investment, not a problem to be solved.

The RICS Futures report looked at the implications of the rapid changes in the land and built environment sector up to 2030. It suggested ways we could improve the resilience and relevance of our profession. Winning the war for talent

Diversity is a strategy, not an issue, says Amanda Clack

was a key area that emerged as essential to our future (www.rics.org/futures).

Each year, the property and construction profession welcomes and loses more than 400,000 employees. If we do not address diversity and inclusion as part of business strategies, we miss over 50% of potential employees. This creates a skills gap significant enough to threaten the future viability of our industry. In construction, without more talent in the industry, Britain will stop building by 2019.

However, the business case for diversity goes deeper than this broad skills gap. The built environment industry is a global profession. National geographical boundaries do not exist in today’s business world. The challenge is to reflect the diversity of our clients in our own workforces. The outcomes of doing so are tangible and proven delivering enhanced profits, increased returns for investors, and greater productivity.

As a profession, we continue to make fundamental mistakes. According to the RICS and Macdonald & Company Rewards and Attitudes Survey 2015, women frequently earn less for doing the same job as their male counterpart (http://bit.ly/1FYo1ZP).

Company policies can make it difficult for women to return to work after having children, and unconscious bias continues to plague our industry.

Diversity campaignAttracting a diverse workforce is the focus of the RICS campaign, Surveying the Future, which aims to demonstrate

the breadth and range of careers in the industry. To support employers in attracting and retaining a more varied talent pool to run the businesses of the future, we need a coordinated approach, and we want to lead by example.

To remain competitive and relevant in the future, it makes sense for businesses to reflect the diversity of their clients and the societies in which they operate. A Ferguson Partners study of 160 Real Estate Investment Trusts found that those with at least one woman on their board for more than three years on average produced annual shareholder growth rates 2.6 percentage points higher than their peers. This increased to 3.6 percentage points over five years (http://bit.ly/1L2VBlL).

However, too few young people understand what surveyors do. Chartered surveyors themselves would be forgiven for not comprehending the full breadth of the profession, which covers more than 270 different roles across 17 specialisms. They are involved in projects as diverse as building Olympic stadiums, working with the

Image © Shutterstock

Retaining a diverse workforceCreating a diverse industry is not just about encouraging different people into the profession; retaining talented individuals a key challenge, and an essential part of business strategy.

An ageing workforce and aspirations of work/life balance, especially by women who choose to have children and do not wish to return to long and demanding work hours, are affecting employee retention rates. Flexible working policies are frequently cited as a way to encourage women to return to work. However, organisations also need to truly support and encourage this flexibility, making it a part of corporate business strategy.

A recent report from Ernst & Young (EY) found a vacuum in the female leadership pipeline in the property industry. Although women featured strongly in entry level and administrative positions, the numbers dropped off dramatically further up the ladder. The reasons for this were wide ranging, including a lack of flexible working, detrimental company culture, and a lack of leadership on the issue (http://bit.ly/1B80GcE).

One way RICS is hoping to drive a culture change in the industry is through our Inclusive Employer Quality Mark. This was launched in June at our inaugural Diversity and Inclusion Conference.

The initiative is asking organisations to sign up to six main principles, covering leadership and vision, recruitment, staff development, staff retention,



kDelegates at the RICS Diversity and Inclusion Conference, where the Inclusive Employer Quality Mark was launched

Disasters Emergency Committee, and aiding the United Nations to ensure global food security.

Through initiatives such as Class of Your Own, in partnership with Design Engineer Construct!, RICS is helping to educate young people about the different roles available within the built environment (http://bit.ly/KvoQVm).

As RICS Chief Executive Sean Tompkins has said: “Too many people think this is a ‘closed industry’, which isn’t the case.” To move beyond this reputation, role models are vital. The RICS diversity campaign is working hard to get more women into the public eye. By highlighting the pool of talented professionals who are shaping the world we live in, we hope to attract more women to careers in the sector.

RICS is uniquely placed to establish partnerships linking employers, professional bodies and educators. By doing so, we can better understand supply and demand for talent in our sector and the type of skills sought out by firms.

Amanda Clack is RICS President [email protected]

staff engagement, and continuous improvement. The Mark aims to make diversity a key part of business strategy.

Just as RICS is leading by example with the Quality Mark, so must chief executives (both male and female) in real estate organisations.

It is only with this leadership that any barriers to diversity can be addressed. Chief executives are in a unique position to sell the gender diversity message as well as linking it to company performance. If they are convinced by the research supporting the business case, and are truly motivated to create a diverse workforce, change can accelerate markedly.

Given the shift in workplace demographics, generational, religious, genetic and sexual orientation differences are attributes. They contribute to an organisation’s wide appeal within its community and throughout the global marketplace.

A diverse workforce must become a driver of business success, economic growth and investment returns. The key external pressures of reputation, investor attitudes, and skills shortages are relevant to all, making a coordinated approach across the industry vital. Diversity is a strategy, not an issue. It is a competitive advantage, and this can only be fully realised by breaking down age old barriers across the industry. b


S U STA I N A B I L I T Y


Stephen Finnegan discusses the impact of the Energy Savings Opportunity Scheme for business

In March 2011, the European Commission communication on its 2011 Energy Efficiency Plan confirmed that the Union would not achieve its target of saving 20%

of energy consumption by 2020. As a result, in October 2012, the EU produced the Energy Efficiency Directive, specifying that all member countries should aim to create an energy audit scheme to ensure the goal was met, and to pave the way for further energy efficiency improvements. This was implemented in the UK by the Department for Energy and Climate Change Energy Savings Opportunity Scheme (ESOS).

The scheme applies to large undertakings and groups containing large undertakings in the UK, meeting either one or both of these conditions:

b it employs 250 or more people b it has an annual turnover in excess

of €50m (£39m), and an annual balance sheet total in excess of €43m.

The scheme, administered by the Environment Agency, is estimated to generate up to £1.6bn net benefits to the UK, the majority directly felt by businesses as a result of energy savings. The qualification date for the first compliance period (of which there are three additional four-year compliance periods to follow) was 31 December 2014.

The penalties for non-compliance are a fine of up to £50,000 fine and/or publication of company director details.

How has the market responded?By June 2015, only 32 companies had notified the Environment Agency that they had completed an ESOS assessment. Around 14,000 businesses in the UK are required to comply before the 5 December 2015 deadline, which indicates that 99.8% of companies are still in the process of undertaking an ESOS assessment, are already compliant through an alternative scheme e.g. ISO15001 or Green Deal Assessment but have not yet notified the Environment

Getting on boardAgency, are yet to act, or are intent on not responding.

Tick box exercise or real benefits?The ESOS is split into three parts: (1) companies are required to measure their total energy consumption through energy use in buildings, industrial processes and transport (2) they are then required to identify energy saving opportunities through the use of an approved energy audit and auditor (3) they must notify the Environment Agency when complete.

The energy audit is the key, which is why all companies are required to appoint an approved ESOS lead assessor, a qualified individual who can carry out the energy audit and sign off the evidence pack with the company director. A detailed energy audit can, on average, identify energy savings of 10%-40%.

Clearly, there will be a requirement for capital expenditure and significant changes in operation to realise the bigger savings, but simple housekeeping exercises can yield good results. For example, New York’s Empire State Building is on track to save 38% of its buildings energy, and $4.4m per year following an extensive capital rich retrofitting strategy.

The results will vary by a significant factor for each UK business. However, ESOS should not be treated as another tick box exercise and should be embraced by all as a real and significant opportunity to save money and reduce carbon emission. The main hurdle tends to be the initial capital expenditure, which is why a number of energy service companies, which pay for and maintain the technology and share in the savings through energy performance contracts, are seeing a demand for services.

The futureAfter the first compliance phase, three four-year phases are to follow. This means that in 2019, 2023 and 2027 there will be another rush to undertake an

assessment and notify the Environment Agency before the deadline. Smarter companies will put together a four-year plan in 2016 and start to audit each part of their business to identify savings while others will wait until 2019 to act. Whether they are forward thinking or reactive, the following should be considered:

b the next compliance phase/s may well require companies to identify energy savings across the whole business

b the administrator may mandate all companies to implement cost-effective savings that have a payback of under two or three years

b ESOS will become mandatory for all European business because it is derived from a European Directive

b how will the naming and shaming impact your business and reputation of the director when bidding for new frameworks or contracts?

In my opinion, it is imperative that businesses act quickly because the regulations will only become more stringent over time, and significant energy savings can be made. Carrying on business as usual will not guard you against rising energy prices, or unlock the potentially lucrative opportunities. b

Related competencies include Sustainability

Dr Stephen Finnegan is a Senior Lecturer at Liverpool John Moores University, a business adviser on ESOS and an RICS editorial board member on [email protected]



L E G A L

Image © Shutterstock

Legally engaged?

n

Stuart McWilliams sets out the importance of effective right-to-work checks on new employees

A t the start of August, the UK government announced a clamp down on businesses employing people illegally. The construction

industry was specifically targeted, and while much of the rhetoric refers to clamping down on ‘rogue employers’, all businesses in the sector could now face strict scrutiny.

To ensure compliance, all businesses are legally required to verify that all of their employees have the right to work

in the UK. However, this process is not always straightforward and what may seem to be a small error can have huge consequences. Any business found to have failed to comply faces fines of up to £15,000 for each worker (for its first offence) and £20,000 for each worker thereafter. Businesses can also be ‘named and shamed’ by the Home Office, leading to negative publicity, with additional consequences for employers holding Home Office sponsor licences.

Right-to-work checks are necessary for all new employees starting on or after 29 February 2008. Individuals who

were already employed, and have been continuously employed since that date are not subject to verification and a business cannot be fined if they are found to be working illegally.

It is essential that checks are carried out before an individual begins work, and for this reason all job offers should be made subject to the “applicant demonstrating they hold the right to work in the UK”. Particular care needs to be taken when potential employees are given a trial period, because the government will consider this to be employment and therefore subject to a right-to-work


L E G A L


n check. In one recent case, an employer offered an individual a two-day trial period and at the end did not offer any further employment. Several months later the business was inspected by the Home Office and was fined £15,000 because the individual did not have the right to work at the time.

The requirement to check whether someone holds the right to work in the UK applies to all new employees, regardless of nationality. To avoid potential discrimination claims, it is important that businesses do not make assumptions based on applicant’s colour, nationality, ethnic or national origins, accent or length of time they have lived in the UK. Every business should have a policy for checking employees have the right to work, and should ensure that this is applied and monitored by senior staff who have received appropriate training.

Checking stages Obtaining evidence: It is important that an individual provides an original document to demonstrate their right to work. In many cases this is likely to be their passport, but other documents can be accepted in limited circumstances, i.e. a biometric residence card issued by the Home Office if it confirms someone holds indefinite leave to remain. The fact that someone has a National Insurance number or a UK birth certificate does not mean that they automatically have the right to work, and further evidence may be required. Checking documents: This might seem obvious but an employer needs to examine the documents and ensure they look genuine. Photographs, names and dates of birth should match the information provided by the prospective employee, and there should be no obvious signs of tampering. Employers are not expected to become experts in identifying forged documents, and if a document looks genuine an employer will be given the benefit of the doubt. They are, nevertheless, expected to notice and question any obvious inconsistencies or flaws. Keep a copy: Not complying with this stage can have significant consequences. If the employer does not retain a clear copy of the document, the check has not been carried out successfully. Best practice is for the

person carrying out the check to sign and date the copy before storing it securely. The importance of this is demonstrated by the case of the former Immigration Minister Mark Harper, who resigned after he became aware that one of his employees did not have the right to work, and he had lost his copy of the evidence

he had seen when carrying out the initial verification.

When carrying out a check it is important to record any visa restrictions, and to ensure that these are complied with. As an example, holders of some student visas cannot work for more than 20 hours per week, with any breaches

Table 1: Visa check rules

No follow-up check required

Follow-up check needed after six months

Follow-up check needed at end of visa

A UK or EEA passport Certificate of Application issued by the Home Office

Passport or biometric card showing time limited visa

Biometric Residence Card confirming grant of indefinite leave to remain

Positive Verification Notice from the Home Office

Residence card issued to the family member of an EEA national

EEA Registration or Permanent Residence Certificate

A current passport confirming exemption from immigration control



Stuart McWilliams is an Associate at Morton Williams LLP [email protected]

carrying enforcement action. It is also vital that the initial check identifies if and when a follow-up is required and that this is diarised. If this action is not taken, employers expose themselves to the risk of employing someone after visa expiry. Table 1 indentifies whether a follow up check is required and the documents needed to demonstrate someone’s right to work.

Potential problemsEven if an employer adopts a robust right to work procedure, there are a number of potential issues of which they should be aware. A common query encountered is the issue of subcontractors. Under existing legislation a business is not liable if it contracts with another company, and that subcontractor employs someone illegally.

However, in assessing who is liable for any breaches of right to work procedures, the Home Office can apply a similar test to HMRC and argue that a subcontractors’ employee is actually employed by the main business.

To minimise this risk, businesses may wish to consider adding terms relating to verifying the right to work to any contracts, and making provisions for subcontractors to indemnify them for losses.

Another common issue is where an employee, or potential employee, is unable to produce a visa because of an application pending with the Home Office. Under UK immigration laws. anyone who submits an application for further leave before the expiry of their visa will retain the same rights and entitlements while their application is processed. This can often take several months to resolve or longer if an appeal is necessary.

During this period, businesses can protect themselves by carrying out a verification check with the Home Office’s Employers Checking Service (ECS). If the ECS verifies someone has the right to employment then the business can employ them for six months from the date of that letter, but must carry out a repeat check

if alternative evidence has not been provided by the end of that period.

A final issue concerns non EEA nationals who are married to an EEA national. In these circumstances, the non EEA national may be automatically entitled to work, but may not be able to produce evidence of this. It may be that they are reluctant to go to the expense of obtaining confirmation of right to work from the Home Office. But the business should be aware that unless it is provided with a copy of a residence card confirming the individual’s right to work, then they will have no statutory defence to any Home Office enforcement action if the person is found to be working illegally.

What should businesses do?In light of the approach set out by the Home Office, businesses should be reviewing their right to work procedures and records to minimise the risk of facing enforcement action. By instructing audits, either internally or through an independent adviser, businesses can identify any issues and rectify them.

If an audit uncovers a potential problem, a business can mitigate the damage by reporting this to the Home Office, which can see any fine reduced by £5,000. A further £5,000 reduction is available where the business has robust procedures in place for verifying the right to work, which further emphasises the importance of implementing such a policy.

Verifying that someone has the right to work is not always straightforward, and while the Home Office may be targeting ‘rogue’ employers, many employers with good intentions and strong procedures have fallen foul of legislation in recent years. The Home Office announcement should serve as a warning to all within the industry that this is an issue that must be taken seriously. b

Image © iStock

Related competencies include Managing people

Image © Getty


P R O C U R E M E N T


Building on experience

In Asia, governments balancing insufficient public sector capital with a need for significantly improved infrastructure are increasingly turning to partnership-based

procurement routes.The approach has been used in

Singapore, Vietnam, Malaysia, Indonesia, Thailand and Philippines. As the Public Private Partnership (PPP) model is both flexible and adaptable, the definition tends to vary between countries.

Globally, PPP is far from being a new method. Mature PPP markets, such as the UK, have seen the industry and model evolve to address many of the obstacles associated with early projects. This is due to several factors:

b the strong historical pipeline of projects in these mature markets created an environment in which an iterative process could be followed, whereby various aspects were able to be analysed, improved on, controlled through changes in policy or procedure, and the effectiveness of these outcomes monitored

b the use of single entities to maximise the benefit of past experience, and to shorten the learning curve.

The lessons learned throughout this process have political, societal and cultural sensitivities. As such, while the global PPP community benefits from the experience gained from more mature markets, it is also important that each PPP is assessed within, and tailored to, the unique project context. Because

of this, new users will still experience a learning curve, while existing users continue to do so on a lesser scale.

Lessons learnedGovernments using PPP for the first time can make the most of the lessons learned by the global industry. For example:

b a wide range of project types limits the degree of document standardisation possible by limiting availability of project-specific precedents

b a high number of different awarding authorities and lack of a central PPP body could result in a reduction in the learning cycle

b countries such as Singapore have made good use of the pre-existing body of knowledge, benefiting from previous process iterations

Hannah Feddon looks at the use of partnership-based procurement in the Asian construction market



b the question of whether PPPs are value for money has been hotly debated globally, and in Singapore was a key driver in its implementation

b value for money is a key concept in PPP but quantification and evaluation of risk as a factor of value over the life of a project is a new concept to many awarding authorities. It is important for private and public sectors to work together to build trust and confidence during this process, and to work toward establishing a transparent and robust value for money evaluation

b awarding authorities will be in a stronger position to evaluate the value for money of PPP projects if they have already undertaken a knowledge gathering exercise of their current assets. Often, several discreet government departments are responsible for capital

cancelled or put on hold is a challenge for the local PPP market in attracting investors and sustaining the required body of excellence.

The futureAs mature markets have demonstrated success in delivering PPP projects, there has been an increasingly strong interest for PPP procurement-based projects in Asia in the recent years. As the region develops, there is a need for building and maintaining quality infrastructure to meet the demand for the growing population and the increase in economic activities.

According to the Asian Development Bank, from 2010 to 2020 it is estimated that Asia’s total infrastructure investment needs will top US$8 trillion, to cope with current challenges of economic growth and population growth.

projects, refurbishments, maintenance and operation. Centralisation of data allows awarding authorities to gain important insight, allowing a more thorough evaluation of value for money of PPP against traditional procurement

b governments can refine their approach as they progress through the iteration cycle and gather more knowledge. This has been evident with the Malaysian government continuing to refine its approach and improve effectiveness. This leads to improvement in performance delivery through greater private sector efficiency

b it is important to identify the correct projects by undertaking appropriate feasibility studies, followed by development of a detailed business case

b it is important to develop a strong pipeline of work. Projects being delayed, n

The Singapore Sports Hub was built under a

25-year PPP deal


P R O C U R E M E N T


Hannah Feddon is Strategic Asset Management Consultant at Faithful and [email protected]

There are numerous and diverse PPP project deals being structured in the emerging markets, ranging from transport and energy infrastructure to social infrastructure. Thailand, Philippines and Indonesia are among the emerging countries with PPP experience with mixed success in development and implementation of the projects.

Highlighting one of the projects in the region, the Singapore Sports Hub, is the world’s largest sports facility infrastructure project and includes the National Stadium, multi-purpose indoor arena and the Aquatic Centre. Costing SGD$1.33bn in construction, the 25-year PPP deal was structured to achieve a balance of interest between the public sector, the private sector and members of the public.

It allows the government to get better value for money in the delivery of public services, and provides the private sector business opportunities and gain efficiency and innovation in providing solutions for the government. Since its inception in 2008, various parties have been involved in the collaboration and this has built business partnerships and created job opportunities. The construction took four years and was completed in June 2014.

The 28th Southeast Asian Games was recently held at this facility, hosting most of the competitions, and many upcoming major sports events are scheduled including the Barclays Asia Trophy, the Asian Fencing Championship and the 5th Fina World Junior Swimming Championships.

meet development goals. PPP project investment is needed to address funding gaps between infrastructure needs and existing resource capability of the public sector.

While PPP procurement strategy brings about various benefits and opportunities to the public and private sector, there are challenges that limit its progress:

b capacity building within public sector is essential for infrastructure investment in which economic and legal frameworks have to be put in place to minimise risks and to attract the private sector

b impact of the financial crisis on PPP projects results in delay and eventual abandoning of the project. Under unstable economic situations, it is difficult to secure debt financing. In addition, there will be no incentives for private sector to participate in PPP deals if social benefits to consumers are not supplemented with financial returns for the private sector. Incentives and right climate are essential in fostering strong PPPs

b collaboration and communication between public and private entities as investment model of infrastructure projects moves from short term traditional type of contract to long-term investment under the PPP model. Trust needs to be built in order for partnership to progress and ensure smooth running of the project.

Future opportunitiesFor the developing Asian countries such as Vietnam, Philippines and Indonesia, there will be continued increase in PPP in 2016 to 2025. Looking at sectors specifically, power, water and waste water, and leisure and sports are expected to provide the greatest opportunities.

However, many factors will have to be considered in determining the viability of PPP projects and ensuring success of the long-term contractual deal between the public and private sector. b

As PPP procurement models progress in mature markets, the experience is adopted in the Asian market and integrated in local cultural context. Lessons learned provide valuable guidance in execution of PPP projects.

With the rapid urbanisation in Asia, traditional public service delivery will be inefficient in meeting the demands of people. Provision of public services through PPP will help to alleviate the financial burden on the government. Besides enabling capital investment, PPP encourages knowledge sharing between private sector and public sector.

Continued growth for PPP projects is expected. In the joint ministerial statement at the 21st APEC finance ministers’ meeting in 2014, infrastructure investment and financing is welcomed in the region to realise growth potential and

Since the Hub's inception, various parties have been involved and this has built business partnerships and created job opportunities

Image © Alamy

n

Since the publication of the Government Construction Strategy by the Cabinet office in May 2011, building information modelling (BIM) has represented

a game-changing cultural process for the construction sector. This collaborative way of working, underpinned by digital technologies, has unlocked more efficient methods of designing, creating and sourcing asset data for facilities

CONSTRUCTION JOURNAL

B I M

Image © IStock

New technology can be an emotive topic, leading to heated exchanges from the site to the boardroom. While evangelists argue passionately for change, managers complain of disruption, directors agonise over risk and workers feel anxious about the uncertainty.

The right technology, introduced carefully, can transform construction programmes and asset management. But if not properly understood, technology can lead to

frustration, distrust and the deterioration of relationships between stakeholders – the very things it is supposed to dispel.

The problem is not the technology, but attitudes to it. Collaboration tools and data capture are just a means to an end. They are not a cure-all for company woes, nor will they automatically improve the working environment. To be effective, they must be embedded in a strong culture and win the buy-in of everyone involved.

Building information modelling (BIM) on construction projects is one such technology, the use of which was written into the EU’s public procurement directive for the first time in 2014.

But when legal firm Pinsent Masons surveyed more than 70 construction professionals

last year, two thirds believed that the UK government would miss its target, citing lack of collaboration as a key barrier to progress.

This widespread pessimism is indicative of the deeply entrenched problems within the psychology of the workforce; the people on the ground are not understanding the benefits it can bring.

Incentives for changeCultural change is essential in paving the way for new technology. But mindsets will only shift if individuals and teams are given the right incentives. Traditional contracting, based on low tenders and segregated working, is a breeding ground for distrust. Working to low margins, contractors can be reluctant to cooperate and find solutions. Adopting new

N technology is perceived to be risky. Relationships are adversarial by default. Try imposing new processes on this cultural quagmire, and you may find it sinking under the resistance of organisations and individuals.

For example, BIM can save project teams thousands of hours by creating just one integrated 3D model that is shared by all parties. This represents an improvement on the old ways of working, with each party producing its own information and drawings in isolation.

But contractors with a traditional mindset may resist adopting BIM, preferring the duplication of tasks, even at the risk of adding errors. They can also blame new tools for late handover of tasks, using it as a scapegoat for internal failures. n

Technology presents major opportunities, but it will have little impact on project performance without the buy-in of people and teams, argues Wes Beaumont

Culture for success

N O V E M B E R / D E C E M B E R 2 0 1 5 2 1Image © IStock


B I M


Wes Beaumont is a Senior Project Manager at Turner & [email protected]

This adversarial mindset can be swept away by shifting the focus of the delivery strategy.

Reshaping project teamsFor the built environment sector, new technology will have a profound impact on the structure of teams and skill requirements. The Built environment 2050 report produced by the Construction Industry Council’s BIM2050 group predicts that automated collection of data will render many administrative roles redundant. As a result, construction management teams are expected to halve in size over the next three decades.

Roles will no longer focus on the collection of historical information, but will shift towards real-time predictions and rapid decision-making. As a result, managers will need to become competent in handling and interpreting data. There will be increasing demand for software programmers, as well as technologists who can present information in a variety of visual formats.

More integrated teams will require professionals, such as estimators, surveyors, architects and designers, to have a broad understanding of other disciplines in order to better communicate and collaborate. Exciting developments in smart cities, integrated infrastructure, the industrial internet of things, sensor technology, additive manufacturing and nanosecond procurement will attract specialists from other industries. As construction becomes more digitally enhanced, it is likely that career paths will become more fluid, allowing easier movement in and out of the sector.

Traditionally, it has been difficult for small companies to break into the built

environment arena, because of the perceived risks and high costs of entry. Now digital construction is paving the way for entrepreneurial start-ups, bringing with them exciting new ways of working.

An integrated project team – where all players are working towards common goals, costs are transparent and profits shared – can have a transformative effect on organisations as well as individuals. In this harmonious environment, it becomes more important to use technology to collaborate than to blame. Former foes become allies. Knowledge and data are shared, and problems jointly solved.

Within organisations, reluctance to embrace new technology is often due to lack of employee engagement. Although education, communication and awareness-raising initiatives may seem obvious, these activities are inadequate or surprisingly often overlooked.

Shifting the focusIf the roll-out of technology fails, the reasons can often be traced back to lack of understanding by senior directors.

One contractor recently complained that he had invested considerable sums on BIM tools, but had seen none of the efficiencies that they were supposed to bring. When asked how he had implemented the technology, he admitted that he had just bought a series of software licences. Staff remained unenlightened.

Another director was mystified that, despite introducing BIM, the structural steel components did not fit together on one of his projects. On investigation it emerged that the project manager had assumed that the collaborative software would automatically do his job for him. He did not realise that human interpretation of the data was still essential.

Lack of understanding about why BIM is being implemented can also lead to resistance. Programme managers may view the software as adding to a long list of problems, forcing them to learn new skills and unlearn old ones. Therefore, clear communication is vital. Rather than seeing BIM as an added chore, project managers need to be shown that collaboration tools can save them hours of administrative drudgery, giving more time for problem-solving.

If the transition to integrated working is to take effect, it is essential to demystify the process for smaller companies. BIM can seem so intimidating to risk-averse third- or fourth-tier suppliers that many are steering away from contracts that demand it. Others worry that, without investing in expensive software modelling tools, their business will

not survive. At a time of global skills shortage, we cannot afford to lose these specialists from the system.

Power of automationAutomation will reduce the number of administrative tasks carried out by humans. There will be fewer junior and middle managers, and this will force a change in group behaviour.

Traditional teams typically have long chains of command that can lead to inertia and paralysis. Fearing blame, individuals are reluctant to take responsibility. Within such set-ups, decision-making can be slow. As teams become smaller, reporting structures will shorten and managers will become more accountable. Hierarchies will become flatter. This should pave the way for a more dynamic, blame-free culture.

Automated data collection will also liberate managers to do more interesting work: instead of time-consuming compiling of progress reports, they can to turn their energies to real-time predictions and rapid decision-making. Ultimately, we need to communicate that technology does not just benefit corporations, it also helps people to feel empowered, and understand how they can add value to a project, bringing powerful psychological benefits.

There is still much to do. Teams of the future will require more leaders than managers and we need to ensure these skills are properly nurtured. b

An integrated project team can have a transformative effect on organisations as well as individuals

n

Related competencies include Project administration


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L E G A L

Helen Crossland advises on how to avoid claims of discrimination in the recruitment process

From the wording of a job advert to interview questions and requests for feedback, the recruitment process can be a minefield. A recent survey showed

that despite the politically correct times we live in, it remains remarkably common for employers to advertise for “young, active workers” or to ask female candidates at interview about their plans for a family or mood swings, opening the

Level best

way for a would-be age, disability or sex discrimination claim.

Data protection legislation also throws up challenges, even where a candidate has not been shortlisted. Staying alert to the main dangers areas will go a long way to eliminated problems when searching for new staff.

Before advertisingFirst, it is important to ensure that the correct personnel handle the recruitment process, that they conduct it in line with

any recruitment policy the company has and are equal opportunities aware/trained. A job specification should then be compiled focusing on the key duties and responsibilities of the vacancy, the skills or qualifications required and the job title, salary spectrum, location and hours.

While any requirements may be differentiated as ‘essential’ or ‘desirable’ and divided into a job or person specification, they should still be legitimately necessary and not indirectly discriminate against any particular groups, including on the grounds of age, sex, disability, race, religion or sexual orientation. The job advert should replicate this and avoid any statements or terminology that demonstrate a preference for certain categories, i.e. younger males, unless such requisites can be objectively justified as essential to the role.

The advertMost businesses have the discretion to publish vacancies internally and/or externally. For equal opportunities purposes, external is best, although in certain instances it is prudent to advertise internally first or exclusively, including where the organisation has recently, or is about to, lay off workers.

Companies generally should adopt a policy governing how vacancies are treated that works best for the business. This may involve advertising internally first, to retain and motivate existing staff

Companies generally should adopt a policy that works best for the business

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Extreme caution should be exercised when documenting anything that suggests an applicant was not awarded the role on anything other than their credentials

Helen Crossland is a Partner in the employment team at Hamlins LLP [email protected]

(and limit recruitment time and costs), or to go public from the outset to attract a broader mix of candidates and maximise the chances of securing the best person for the post. To monitor the diversity of applicants/new hires, organisations may ask job applicants to complete an equal opportunities form, which ought to be withheld from those charged with the recruitment exercise so as not to influence the process that follows.

Selection processA sifting of paper applications against the job and person specification should be undertaken by those assigned to the recruitment process, which will ideally comprise of two managers. Those shortlisted should be asked whether they require any reasonable adjustments to assist them in the interview process – this is to account for any candidates who may need such help owing to a disability. Employers must accommodate those requests where they can. Where it is not feasible on cost or practicality grounds, employers are advised to seek legal advice before responding to the individual.

In terms of the interviews, recommended practice is to:

b keep meetings as formal as possible, conduct them in an appropriate setting and have at least two people from the company present

b incorporate a round of pre-prepared questions to be put to each candidate to test their ability to perform the role in hand to show a level playing field

b avoid questions about the interviewees’ personal lives unless of key relevance to the role. If one of the interviewers goes off-piste with an unwise question, the other should advise the candidate it is not necessary to answer

b take notes, including of the candidates’ responses

b conduct a post-interview debrief at which the interviewers’ observations, scores (if applicable) and interviewees’ suitability for the position are discussed and recorded.

It is a requirement of the Data Protection Act 1998 that any notes and documents derived during the recruitment process are retained for “as long as necessary”. Since the Act permits job applicants to seek copies of any papers relating to them, extreme caution should be exercised when documenting anything that suggests they were not awarded the role because of their age/disability/sexuality/childcare commitments, rather than credentials for the role.

FeedbackUnsuccessful candidates will often seek feedback, and in nearly all cases this will arise from their desire to build on any shortcomings in their application or performance. However, for some a seed may have been planted during the recruitment process, including by a remark or question, that rightly or wrongly they consider has gone against them.

If a request is made, the advised approach is to provide feedback in writing, objective and relevant to the job or person specification, without any remarks that may be taken by a rejected applicant to advance a possible belief that their rejection was in some way underpinned by a discriminatory decision. Failure to offer feedback may simply fan such a suggestion.

The offerOn identifying a front runner for the vacancy, a written offer should be made setting out the key terms of the employment (or engagement if the individual is to be taken on as a contractor). The offer should state that it is subject to satisfactory references, evidence of the right to work in the UK, and if applicable, proof of any necessary qualifications/clearances and a satisfactory medical assessment.

Referees should not be approached without the candidate’s consent, and it is unlawful to ask any health-related questions or request a medical examination prior to an offer being made. If adverse medical information emerges post offer that may affect the person’s

recruitment, it may be necessary to refer them to an occupational health adviser to advise further on prognosis, impact on their ability to undertake the role and any adjustments needed to assist them. Legal advice should be taken as to the form and content of any discussions with the candidate and in the worst case scenario, where an offer needs to be withdrawn.

Other circumstances may also warrant legal advice, i.e. where you do not receive, or query documentation produced by a candidate, especially around their immigration status.

ConclusionNominating the right people to manage the recruitment exercise is the safest way to represent and protect the company. Businesses are vicariously liable for the actions of their workforce, and can be roundly punished by an applicant prepared to take the company to task over careless comments made to them, or where other ammunition is sought or provided to form the basis for a claim.

A successful discrimination claim can be deeply harmful for a company’s reputation, and since compensation for such complaints is uncapped, employers are always advised to adopt a prevention rather than cure mentality when it comes to all stages of the recruitment process. b

Image © IStock

Related competencies include Project process and procedures, Project administration

Image © iStockN O V E M B E R / D E C E M B E R 2 0 1 5 2 5


L E G A L H E L P L I N E

LegalQ We have a contract that was signed in November 2014

and was due for completion in August 2015, but it now looks like we will only finish in November 2015, due to a variety of reasons. Under our contract we agreed to be the CDM coordinator (CDMC), but there are new regulations and the employer has mentioned that we now need to become the principal designer. Does that change affect us? We were not aware of the changes when we signed the contract.

> Helen Turner

A It is correct that the Construction (Design and Management) Regulations 2007 were replaced by the

Construction (Design and Management) Regulations 2015 (CDM 2015). You will therefore need to consider the transitional period provision, as well as the new role of principal designer.

The CDM 2015 came into force on 6 April 2015. Therefore, from that date CDM 2015 applies to all projects, regardless of when a project commenced. The Health and Safety Executive (HSE) is at pains to stress that there was no transition of CDM 2015. As such, the CDM 2015 will apply to your contract although there are additional considerations to bear in mind.

For example, if a CDMC was appointed before 6 April 2015, the new regulations include transitional arrangements for a project commenced prior to that date. Schedule 4 of the CDM 2015 provides that where the client has appointed a CDMC, it must appoint a principal designer by 6 October 2015. Therefore, the CDMC can continue until the end of the project, provided this falls before 6 October 2015.

Jeremy Ferris is Senior Associate at Furley Page [email protected]

+info

Q&A

Helen Turner is an Associate at Pinsent Masons [email protected]

+info

Transition periodThe transitional period under schedule 4 ends on 6 October 2015; therefore, if the ongoing works can be characterised as a continuation of an existing project the CDMC can remain until then, after which a principal designer would be appointed.

If no CDMC was appointed under CDM 2007 for an existing project, and if the construction phase started prior to 6 April 2015, the duty to appoint a principal designer under the CDM 2015 is disapplied (Article 3 of Schedule 4). It is worth noting, however, that several of the principal designer’s obligations will fall on the principal contractor. In those circumstances, an employer may choose to appoint a principal designer in any event.

Another practical consideration is whether the outstanding works are a continuation of the existing project (as a variation under the contract), or whether they should be treated as/notified as a new project. If the latter applies then the transitional matters discussed above can be disregarded and CDM 2015 applied in full.

Role of the principal designerFrom your question, it seems that steps have already been taken to appoint a principal designer. In practical terms, the arrangements for converting the existing CDMC into a principal designer can be quite time consuming, so it is good news that this is underway.

Left until close to the deadline (as we anticipate it may be in some cases) it may create real difficulties, because not all CDMCs will be competent to be a principal designer.

The role of a principal designer is not intended to be just a rebadging of the CDMC role. It is a hybrid role that needs the relevant skills and experience in relation to the management of the HSE during the pre-construction phase, and a design capability in respect of the coordination and oversight of the designer’s role. It is envisaged that the principal designer will function within the overall project team.

If you decide to take on the role of principal designer, you will need to consider in more detail whether you have the relevant skills and experience. b

Related competencies include Project administration

NPS are currently looking to expand their high performing Quantity Surveying team, and are offering exciting opportunities across the country. These include:

Senior Quantity Surveyor, NPS London Ltd We are seeking a confident, conscientious and experienced individual to contribute to the Quantity Surveying team based at NPS London Ltd. A team player and excellent communication skills with the ability to work on your own initiative are essential.

Quantity Surveyor, NPS Property Consultants Ltd, Norwich An exciting opportunity has arisen for a motivated and enthusiastic individual to join our

busy Quantity Surveying team. You will have a keen interest in the building industry or already working in a similar post and have relevant office experience.

Quantity Surveyor, NPS South West Ltd, Exeter We are looking to recruit a passionate and self-driven individual to join our established Quantity Surveying and Project Management team based at Exeter

All of our opportunities come with a highly competitive salary and flexible benefits package, including enhanced annual leave allowance and pension contribution.

The NPS Group is one of the country’s most respected property design and management consultancies with offices throughout the UK. We are a multi-disciplinary practice and our expanding business offers exceptional career prospects and opportunities.

If you are interested in any of the above opportunities, or would like a general chat about your career in Quantity Surveying, please contact Donna Owen on [email protected]


A DV E RT I S I N G A N D R E C R U I T M E N T


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