Archive for category: Building News

The historic Trade and Cooperation Agreement (Trade Deal) was reached between the European Union and the UK on 24 December 2020, just a week before the transition period came to an end. The key parts of the Agreement relating to the construction industry are highlighted here.

Goods and Standards

As members of the EU Single Market, UK businesses were able to move goods and materials between EU countries without charges, taxes, quotas or tariffs. The Trade Deal means no tariffs or quotas on goods exported to or imported from the EU as long as the goods meet the relevant rules of origin which set limits on the percentage of goods that can be made outside of the country of origin. However, the free movement of goods ended on 1 January 2021 and there will therefore be custom checks and controls at borders going forward.

When the UK was part of the EU, the quality of construction goods, materials and products was controlled by EU regulations, specifically the CE mark. CE marked products will still be allowed in the UK market until 1 January 2022 but the intention is to end recognition of the CE mark by then. A UK marking system will be introduced for products to be used in the UK market requiring conformity assessment by a UK-recognised approved body. It is hoped UK Conformity Assessed (UKCA) marking will align closely to the CE marking system so as to ensure goods pass the equivalent CE standard without the need to carry out further testing. However, without mutual recognition of standards, the industry will need to repeatedly seek certification for products for use in EU states.

The additional cost and delays involved in restrictions on product origin, double-certification and border checks will need to be factored into the pricing and programming of projects. This is also likely to have significant impact on ‘just-in-time’ procurement, which could slow down progression on construction projects and add to costs.

Labour

Freedom of movement between the UK and the EU ended on 1 January 2021. After this date anyone wishing to come to work in the UK will be subject to a points based application system. This is designed to attract ‘skilled workers’ with skill level thresholds of RQF 3-5 (A-level or equivalent). This will include architects, engineers and quantity surveyors, and also trades such as bricklayers or carpenters, but excludes several roles such as general labourers and some plant operators.

An applicant will need to produce evidence of a job offer at the required skill level that meets a new minimum salary threshold. There are obvious implications for the construction industry, as the majority of the labour force do not attract salaries at the required threshold. Even if the criteria is met, the ongoing sponsorship costs to bring workers to the UK will likely be prohibitive for some employers.

Importantly, there is no mutual recognition of professional qualifications under the Trade Deal. The Mutual Recognition of Professional Qualifications (MRPQ) Directive will no longer apply from 1 January 2021. Architects, engineers and others holding UK professional qualifications will not be able to use that qualification to work in an EU member state and likewise there is no automatic recognition of professional qualifications achieved outside the UK.

Architects with EEA or Swiss qualifications wanting to work in the UK who have not already had their qualification recognised by the ARB will be required to make an application for recognition under the third country route to recognition which will involve taking prescribed exams. Individuals with UK qualifications seeking recognition to offer services in the EEA or Switzerland will need to check the host state national policies.

Whilst not achieved by 1 January 2021 the intention is for the UK and the EU to agree mutual recognition arrangements for the recognition of professional qualifications covering the UK and all 27 EU Member States – much like what we had in place pre-Brexit.

Whilst visas will not be required for most business travel across the EU for short stays of up to 90 days in a 180-day period, work visas will be required for those intending to work for a longer period of time. Rules will differ by state so the entry requirements should be checked prior to entry to any EU country for business reasons

Public Procurement

The UK will maintain a separate and independent procurement regime. After 1 January 2021 contracting authorities will no longer be obliged to publish notices in the Official Journal of the European Union (OJEU). A new UK e-notification system, ‘Find a Tender’ will be used.

The Trade Deal provides for a framework of rules for trade in public procurement based on the WTO Government Procurement Agreement (GPA). The GPA commits members to open up their public procurement markets to contractors from other member countries. As a result, UK businesses will still be able to compete for public contracts across the EU although on a more limited basis than before. UK businesses will also still be able to tender for public contracts in other GPA member countries, such as the USA, Canada, Japan and South Korea, in accordance with GPA rules.

The UK and EU have also agreed an extension of market access coverage beyond the GPA, which includes: the gas and heat distribution sector; private utilities that act as a monopoly; and a range of additional services in the hospitality, telecoms, real estate, education and other business sectors. This will provide UK businesses with additional opportunities and will equally mean more competition for UK public sector contracts.

Data Protection

The EU and UK have agreed a six-month transitional agreement to allow the continued free flow of personal data from the EU and EEA EFTA States. Consultants and contractors will be reassured that until 1 July 2021 transfers of personal data from the EU to the UK will be permitted and not treated as transfers of data from the EU to a third country. This bridging solution effectively extends the transition period, subject to the UK not making material changes to its existing data protection laws. In addition, the UK has, on a transitional basis, deemed EU member states to be adequate for data flows from the UK.

The EU and UK are working on making findings of adequacy in relation to each other’s data protection regimes. This should be straightforward from the UK’s perspective in relation to the EU, but the EU has said that the Trade and Cooperation Agreement does not guarantee a finding of adequacy. It remains a unilateral decision of the EU and is not subject to negotiation.

An adequacy decision is a finding of the European Commission under Article 45 of the GDPR that a third country has an adequate level of data protection. The effect of an adequacy decision is that personal data can be sent from a member state to a third country without any further safeguards being necessary.

Dispute resolution

The UK had planned to accede to the Lugano Convention 2007, the preferred regime for government questions of jurisdiction and the enforcement of judgments with EU countries after the end on the transition period. Jurisdiction and enforcement will now be determined by common law and The Hague Convention 2005. The Hague Convention requires the court designated in an exclusive jurisdiction clause to hear the case and prevents courts of other contracting states hearing parallel proceedings. It will also provide some level of protection as regards enforcement, as it generally requires any judgment granted by the court specified in an exclusive jurisdiction clause to be recognised and enforced in other member states. As a result, parties may wish to consider the inclusion of exclusive jurisdiction clauses in their contracts.

Legal advice should be obtained as regards dispute resolution clauses in new contracts with EU entities or concerning projects in the EU. Local law advice may be needed on issues such as ease of enforcing UK judgments in another country where the other party’s assets are located. This is also the case with regard to yet to be enforced judgments that contractors may have against parties in EU member states.

Those with concerns about enforcement post-1 January 2021 may wish to consider contractual arbitration clauses. Enforceability of arbitral awards under the New York Convention is unaffected by Brexit and this may therefore represent a relatively low-risk option.

Conclusion

Undoubtedly there is change ahead for the industry as it grapples with a whole host of new rules and regulations affecting almost every aspect of the procurement and delivery of projects in the UK and across the EU.

Source: Lexology

The Construction Leadership Council was created with a remit to drive improvement within the construction sector. Since its creation, it has worked to encourage collaboration to build a better industry, and to act as a bridge between the public and private sectors in pursuit of this objective. The challenge of responding to the Covid19 pandemic has emphasised the importance of this, and the necessity of creating a more robust and sustainable industry which can build back better as the UK enters the period of recovery. This is why the CLC, through its own members and also through its wider links with the industry, has collaborated and supported the combined efforts of the Cabinet Office and Infrastructure & Projects Authority, with input from across the public sector, to develop and publish the Construction Playbook, and to endorse its aim of creating a more strategic relationship between Government and the construction sector.

Government Departments, other public bodies and the wider public sector represent key construction clients, investing in nationally significant infrastructure projects, capital programmes such as those in education and healthcare, projects that improve our cities and towns, and supporting the delivery of new homes. This spectrum of activity across the sector means the public sector has the potential to drive industry transformation, and how it approaches the development and delivery of construction can provide a powerful impetus for changes in industry practice and culture that extends beyond the projects it funds directly.

That is why the publication of the Construction Playbook is significant. It aims to embed a new approach to the procurement and delivery of construction projects and programmes, which is more collaborative, engages the whole supply chain, encourages investment in innovation and skills, and supports a more sustainable, resilient and profitable industry, capable of delivering higher-quality, safer and better performing built assets for its clients. It will create the foundation for a new approach to construction, where we can utilise digital and offsite manufacturing technologies to increase the capability of the industry, and accelerate the delivery of built assets.

It will also aim to deliver a better and fairer industry, with stronger and more open relationships between the industry and its clients, fewer disputes, and more equitable contractual terms, that ensure prompt and fair payment and a balanced allocation of risk, where these are managed by the organisation best placed to do so. Finally, it will help ensure that investment in construction projects creates the greatest economic, social and environmental value possible, and contributes to the delivery of strategic policy objectives such as our legal obligation to achieve net zero carbon by 2050 and levelling up across the UK.

These goals are our goals at the CLC. We share the Government’s desire to improve performance through new ways of working. But publishing the Playbook is just the first step in the process. For real change to happen, it is important that both Government and the industry embed the principles of the new approach, and invest in their capability to deliver this. The Government will be working to implement this across all central government Departments and public bodies, and mandating the adoption of this approach whilst recognising there is no-one-size-fits all approach to delivery. The CLC will work with organisations across the industry to ensure that this effort is matched, and that the public and private sectors can support each other in this shared endeavour.

Andy Mitchell, Co-Chair of the Construction Leadership Council

The Construction Playbook captures commercial best practices and specific sector reforms outlining the government’s expectations of how contracting authorities and suppliers, including the supply chain, should engage with each other.

These are set out in 14 key policies for how the government should assess, procure and deliver public works projects and programmes which all central government departments and their arms length bodies are expected to follow on a ‘comply or explain’ basis.

Download the CONSTRUCTION PLAYBOOK here

New whitepaper explores how to improve fire performance in the fifth façade

With roofs maintaining their prominent role in contemporary building design, ROCKWOOL has released a new whitepaper exploring how roofing contractors and specifiers can manage fire risk when planning and installing flat roofs.

The ‘Flat Roofs: Managing fire risk in the fifth façade’ report addresses misconceptions around testing protocols and material fire classification ratings, plus examines the worrying rise in roof fires and the resulting social and economic impact. The whitepaper, which is available to download at www.rockwool.co.uk/fifthfacade then outlines specification best practice for flat roof insulation and how to futureproof the complete building envelope in line with expected changes to Building Regulations.

“The role of the roof is an expanding one,” explains Paul Barrett, Head of Product Management at ROCKWOOL. “While previously their primary function was practical, now we’re seeing roof spaces used as an additional communal or leisure space, as well as to house solar PV, plant equipment and rainwater management systems. Yet as the function of the roof has expanded, the focus on fire protection measures hasn’t increased at the same pace.

“This report explores the risks of exposed flat roofs, delves into the effects of recent prominent fires, and then advises roofing contractors and specifiers on how to select materials that will help protect lives and the remaining building structure in case of fire. It’s an essential read for anyone involved in roofing specification.”

To complement its new whitepaper, ROCKWOOL has also developed an accompanying CPD module that expands subjects detailed in the report and delivers a greater depth of education. The module also outlines its range of non-combustible stone wool insulation products that are compatible with a variety of modern flat roof systems.

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Cogent Technology has moved into a new 80,000ft² facility in Felixstowe, to serve its clients with world class manufacturing. The new facility features state of the art production lines, including two ISO 14644-1 Class 7 Rapidbloc cleanrooms for its innovative medical and healthcare products.

Rapidbloc Cleanrooms have been developed by Connect 2 Cleanrooms (C2C) to meet the urgent critical demands of some of the world’s fastest moving industries, such as healthcare and advanced manufacturing. Clean production will enable Cogent to grow its product offering and expand services to clients with consumables and accessories that complement existing PCB assembly product ranges.

The two Rapidbloc cleanrooms were designed and built in just 8 weeks, including validation to ISO 14644-1 class 7. This expedited time-scale was important to Cogent as the cleanrooms were able to be coordinated within its wider facility fit-out programme and so production was not interrupted.

A monobloc cleanroom project of this scale would usually have a lead time of up to 4 months, whereas Rapidbloc Cleanrooms generate significant productivity gains to enable a faster return on investment. Rapidbloc cleanroom layouts are fully configurable and as parts are shipped from stock from C2C’s warehouse and distribution hub, on-site assembly is fast and efficient.

Robert Stainer, Commercial Director at Cogent says, “As part of our relocation to a new 80,000ft² facility we are proud to be enhancing our Medical Device manufacturing capabilities with the commissioning of two class 7 cleanrooms validated to ISO 14644-1.

“This investment will not only enable Cogent to meet our current clients’ needs, but also position the team to facilitate the provision of associated device consumables capacity as med tech businesses rethink their supply chain strategies in light of changing attitudes to sourcing.

“The term ‘short supply chain’ is resonating throughout the business world after recent events in 2020. A more robust supply chain is needed for resilience against future events.”

Michael Wright, Managing Director at Connect 2 Cleanrooms says, “Whilst there are now a number of quick build cleanroom solutions on the market, including our own Rapid Room range, none offer the same level flexibility around configuration and specification as Rapidbloc. The choice of size, classification and optional extras is yours, in just 4 to 6 weeks.”

The ultra-clean environments are created using HEPA filtration that is 99.99% efficient at 0.3 micron, whilst the envelope uses UltraTech Versatile panels with QuadCore insulated cores to provide a level of airtightness that controls running costs through enhanced energy performance.

Michael continues, “This modular approach delivers a precision-engineered cleanroom with ISO-compliant performance, within an expedited time frame. Thanks to the use of standard parts and pre-determined design calculations, even the quotation and design stages are expedited, so clients benefit from a rapid response through the entire project.”

Connect 2 Cleanrooms also provided consumables, furniture, monitoring equipment and cleanroom training services.

To find out more about Rapidbloc Cleanrooms, visit www.connect2cleanrooms.com/rapidbloc.

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Working on a brief to deliver a first-class facility for the pupils and teachers, Thorn Lighting has supplied both internal and external illumination for the £10 million education block that has revolutionised facilities at a Samuel Ward Academy in Suffolk. The luminaires were chosen to enhance the overall appearance of the state-of-the-art facility and create flexible and adaptable 21st Century learning environment for pupils, whilst providing a low maintenance, energy efficient solution.

The three-storey building replaced the school’s single-storey blocks A and B, which sat at the front of the building and, in addition to classrooms, the block houses the library, the SEN (special educational needs) resource base, specialist music and art rooms and media suites. Funding for the work came from the Government’s Priority School Build Programme with the building providing high standards in terms of natural daylighting, acoustic performance and the internal environment.

Thorn’s Arena LED luminaires illuminate the classrooms throughout the building. Their excellent light quality and sound absorbing features minimise the sound reverberation in the classrooms. Modern concrete walls, hard flooring and large amounts of glass all reflect (rather than absorb) sound. The echo effect created in this way can make it difficult to hear the teacher speak, causing students to raise the noise level even further by chatting amongst themselves. The innovative Arena LED minimises this.

Arena is a direct/indirect luminaire that gives the Academy a modern visual appearance. The fitting is available with a wide range of control options and has been designed for flexibility, offering a choice of infills to adapt the length of the system to match all classroom layouts, Arena is fully compliant with BB93 for optimum classroom performance, utilising high-efficiency LEDs to slash energy consumption.

Thorn’s Piazza robust IP65, wall mounted luminaires have been used for the illumination of the exterior of the building. Piazza has unique photometrics with 3 metre forward light throw and 12 metre spacing that also provides a very low upward light throw with less than 2.5% ULOR. Piazza delivers excellent 116 lm/W efficiency with simple installation.

For more information on Thorn and its products, see the website www.thornlighting.co.uk

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