3459135
RICS Construction
Journal and BUILDING
- APRIL/MAY 2013
- RICS Construction policy
- member-led and this document with E/W/S areas
- put forward solutions that Industry, RICS and Government
can deliver that will remove blockages and help construction
drive economic growth and job creation
- OPPINIONS
- Where your voice was clearest was that the sector,
particularly SMEs, is facing three problems: 1. access
to public sector procurement 2. the ability to fund
expansion 3. how to benefit from new markets or
technological innovations.
- Where your voice was clearest was that the sector,
particularly SMEs, is facing three problems: 1. access
to public sector procurement 2. the ability to fund
expansion 3. how to benefit from new markets or
technological innovations.
- RECOMMENDATIONS
- the RICS Procurement Working Group will
work with industry representatives and the
Cabinet Office to produce guidance on how to
initiate and manage earlier supply chain
engagement, including ear y discussions with
SMEs, which the informed client approach
requires
- industry organisations and the Government
Procurement Service (GPS) should create a single
portal or database for SMEs to register their
accreditation and references, which c n be interrogated
by all public bodies
- RICS will work with the Construction Industry
Council and other partners to develop a
simplified pre-qualification questionnaire for use
by SMEs, which will then be made publicly
available
- the construction industry beyond the FTSE 350 should sign up
to the Prompt Payment Code managed by the Institute of
Credit Management
- RICS will work with industry bodies, in particular the Chartered
Institution of Civil Engineering Surveyors and the Institution of Civil
Engineers, to develop proposals for a mechanism to allow a
‘consortium’ of SMEs to bid and deliver smaller infrastructure
projects.
- the RICS Procurement Working Group will
work with industry representatives and the
Cabinet Office to produce guidance on how to
initiate and manage earlier supply chain
engagement, including ear y discussions with
SMEs, which the informed client approach
requires
- member-led and this document with E/W/S areas
- Review of case of Cleveland Bridge UK Ltd v
Severfield-Rowen structures Ltd
- BACKGROUND
- this case relates to steelwork for the Shard
in London, the tallest building in Western
Europe.
- Cleveland Bridge UK Ltd (CBUK) was the fabricator and
supplier of steelwork for the first nine levels of steelwork,
engaged by Severfield-Rowen Structures Ltd (SRS)
- primary issues related to alleged delays by CBUK in the
provision of steelwork and the impact of these on the
progress of SRS in erecting the next 31 levels of steelwork
- this case relates to steelwork for the Shard
in London, the tallest building in Western
Europe.
- ISSUES
- court considered the
following issues
- programme
- Difference of opinion on which programme was correct.
- court held that there had been no contractually binding
agreement on which programme was applicable
- CBUK must be to fabricate and deliver the steel to
enable SRS to comply with its obligations under the
Mace (main contractor) programme.
- Difference of opinion on which programme was correct.
- Responsibility for
delay in fabrication and
delivery
- CBUK’s money claim relating to delays was predicated only on the
basis that the June programme was agreed and was in effect binding
- The court held that it was neither and the
delay claim therefore failed.
- CBUK’s money claim relating to delays was predicated only on the
basis that the June programme was agreed and was in effect binding
- CBUK’s money claim
- This was for outstanding sums due for
the original specified work, as varied
- dispute over the value of an edge beam
- court determined the final cost
- This was for outstanding sums due for
the original specified work, as varied
- The counterclaim
- SRS’s counterclaim fell broadly into two categories,
costs and losses associated with the delay in
deliveries by CBUK and defects
- SRS’s counterclaim fell broadly into two categories,
costs and losses associated with the delay in
deliveries by CBUK and defects
- programme
- OUTCOME CONSIDERATIONS
- ensure that the parties are
aware of their contractual
obligations regarding
programme
- ensure that complete contemporaneous records of delay
and disruption are maintained (as much as possible) – the
court rejected large parts of both the claim and
counterclaim due to a lack of supporting records
- establish the critical path in any delay claim (or
counterclaim) – in a delay claim it will not be enough to
simply list matters that are claimed to have caused delay,
without demonstrating the actual critical effect of each of
those delays
- remember that in court proceedings contemporaneous
written communications become disclosable to the other side
– CBUK’s internal correspondence demonstrated that it
simply had far too much work in its order book to be able to
fully comply with its contractual obligations to SRS
- do not rely on questionable sources as the
basis for forming expert evidence – the
use of an internet ‘chat room’ as a source
by CBUK’s QS did not impress the judge.
- ensure that the parties are
aware of their contractual
obligations regarding
programme
- court considered the
following issues
- BACKGROUND
- RICS Construction policy
Want to create your own Mind Maps for free with GoConqr? Learn more.