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High-Quality Decisions, Costs: Why We’re Pro-Capped Fee Adjudication

Thu, 09 Apr 2026 14:47:46 GMT

High-Quality Decisions, Costs: Why We’re Pro-Capped Fee Adjudication

For years, the construction industry has viewed adjudication as the "rough and ready" mechanism for resolving disputes. It was designed to be fast, effective, and, crucially, less expensive than traditional litigation. However, as the complexity of construction projects has evolved, so too has the complexity of the disputes arising from them. We have seen a shift where adjudication has frequently morphed into "litigation-lite," complete with escalating legal fees and adjudicator costs that can sometimes rival the value of the claim itself.

At Veritas Surveying Limited, we have closely monitored the emergence and development of capped-fee adjudication schemes. Our position is clear: when managed correctly, capped fee schemes provide the commercial certainty and forensic rigour that modern construction parties demand. Far from being a "budget" version of justice, these schemes are increasingly proving to be the most efficient route to high-quality, enforceable decisions.

The Rise of Financial Predictability: Understanding the Schemes

In our view, the primary barrier to pursuing a legitimate claim is often the fear of the unknown, specifically, the unknown cost of the process. Capped-fee adjudication removes this obstacle by setting a predetermined ceiling on the adjudicator’s fees. Several key frameworks have paved the way for this shift.

1. The CIC Low Value Dispute (LVD) Model Adjudication Procedure (MAP)

The Construction Industry Council (CIC) launched the LVD MAP to address disproportionate costs in lower-value claims (typically those up to £100,000). The procedure operates on a sliding scale of capped fees based on the value of the dispute. For a party seeking a decision of an adjudicator the LVD MAP offers a transparent roadmap of exactly what the adjudicator will charge.

2. The UK Adjudicators’ Capped Fee Scheme

Complementing the CIC’s efforts, the UK Adjudicators’ scheme provides another robust alternative. It is designed to ensure that the costs of the adjudicator do not consume the potential "win" for the referring party. This scheme is particularly useful for all manner of disputes and, as standard, will accept claims up to £250,000.00 plus VAT on the fee cap. This scheme is highly regarded for its administrative efficiency and the quality of the adjudicators on its panel.

3. The TeSCA Capped Fee Scheme

The Technology and Construction Solicitors Association (TeSCA) also provides a fixed-fee adjudication service for claims up to a certain threshold (often £50,000).

Quality is Not Negotiable: The Myth of the "Cheap" Decision

A common concern among legal representatives and commercial directors is that a "capped fee" might lead to a "capped effort." There is a lingering fear that if an adjudicator’s fee is limited, they may not dedicate the necessary time to pore over complex forensic evidence or nuanced legal arguments. In our experience at Veritas Surveying, this fear is largely unfounded especially when using the UKA Capped Fee Scheme. We have been involved in numerous adjudication cases in which we have seen counsel from top-tier sets, such as 39 Essex and Keating Chambers, deliver exceptionally high-quality decisions within a capped-fee framework.

The reason is simple: the best adjudicators are professionals who value their reputation and the integrity of the process. They are also highly efficient. A capped fee does not signal a reduction in quality; rather, it incentivises a more focused, streamlined approach to the core issues of the dispute. When you engage a party representative to prepare a robust submission, a high-calibre adjudicator can identify the "wheat from the chaff" far more quickly than other counterparts, regardless of the fee structure.

Should Capped Fee Schemes be the "Standard Go-To"?

In our view, yes: provided the complexity of the dispute aligns with the chosen scheme. While extremely large, multi-issue professional negligence or massive infrastructure claims may still require the flexibility of uncapped proceedings, the vast majority of "standard" construction disputes would benefit from this approach.

Why it should be your first choice:

Commercial Certainty: Boards and Business Owners hate financial ambiguity. Knowing the maximum exposure for adjudicator fees allows for accurate risk assessment and budgeting.
Proportionality: It forces both parties to consider whether their legal spend is proportional to the amount in dispute.
Speed: Capped fee procedures often come with tighter timelines and limited submissions, preventing the "paper warfare" that often bogs down standard adjudications.
Focus: It encourages parties to distill their arguments to the most critical points of entitlement and quantum.

The Veritas Perspective: Strategic Advantage through Certainty

We advocate for the use of these schemes because they align with our own philosophy of forensic precision and commercial pragmatism. When we act as a quantity surveyor in Manchester or provide expert witness construction services, our goal is always to provide the client with a clear path to resolution.

Using capped fee schemes allows us to tell our clients with confidence: "This is what the process will cost, and this is the quality of the decision-maker you will get." By utilising adjudicators from esteemed sets like 39 Essex, Keating Chambers or even independents under these schemes, we ensure that our clients receive the highest level of legal and technical scrutiny without the risk of an uncapped fee note at the end of the 28-day period.

Practical Tips for Parties and Representatives

If you are considering a capped fee adjudication, keep these strategic points in mind:

Check Your Contract: Many standard forms (like JCT or NEC) allow parties to agree on the adjudication procedure. If you want a capped fee scheme, ensure your notice of adjudication explicitly names the scheme or that you seek the other party’s agreement early on.
Select the Right Scheme: If your dispute is under £100k, the CIC LVD MAP may be appropriate. For disputes that are slightly larger but still require cost control, explore the UK Adjudicators or TeSCA options.
Front-Load Your Evidence: In a capped fee environment, the adjudicator’s time is precious. Ensure your Referral Notice is as clear, concise, and well-evidenced as possible. This is where a quantity surveyor or a quantum specialist can make the difference between success and failure.
Agree on the Adjudicator Early: If you can agree on a high-quality adjudicator from a top chambers who is willing to work within a capped fee, you have already won half the battle in ensuring a fair and robust outcome.

Conclusion: A Protective Shield for Your Interests

The evolution of capped-fee adjudication represents the maturation of the construction industry’s approach to dispute resolution. It acknowledges that justice shouldn't be a luxury accessible only to those with bottomless legal budgets.

At Veritas Surveying Limited, our positive experience with these schemes has reinforced our belief that they provide a protective shield for our clients' interests. By combining the forensic expertise of a quantum expert with the cost-certainty of the CIC, UK Adjudicators, or TeSCA schemes, we can resolve disputes in a way that is both intellectually rigorous and commercially sensible.

High-quality decisions and fixed costs are no longer mutually exclusive. In the modern construction landscape, they are hallmarks of a sophisticated, strategic approach to dispute management.

Need expert guidance on your next adjudication?
Whether you require a quantity surveyor in Manchester or specialised expert witness support, Veritas Surveying Limited is here to help you navigate the complexities of capped fee schemes and beyond.

Quantum Expert Witness Secrets Revealed: What Experts Don't Want You to Know

Tue, 10 Mar 2026 08:49:11 GMT

Quantum Expert Witness Secrets Revealed

In the high-stakes world of construction litigation, the difference between a multi-million-pound win and a devastating loss often hinges on a single individual: the quantum expert witness . For developers, main contractors, and construction solicitors, the selection of an expert is a strategic pivot point. However, there is a pervasive misconception that an expert’s value lies in their ability to "spin" the numbers in favour of their client.

The reality: the "secret" that seasoned professionals understand: is quite the opposite. The most effective experts are those who provide a robust, independent, and forensic analysis that can withstand the blistering heat of cross-examination. At Veritas Surveying Limited, we operate at the intersection of technical quantity surveying and legal rigor, providing services across Manchester and London to ensure our clients are protected by facts, not just rhetoric.

The True Role of a Quantum Expert Witness

A quantum expert witness is not an advocate. While they are usually appointed by one party, their primary duty is to the court or the tribunal, as codified under Part 35 of the Civil Procedure Rules (CPR). Their role is to provide an independent valuation of the claims in dispute, assisting the judge or arbitrator in determining the financial impact of liability.

Whether it is assessing the value of variations, loss and expense claims, or the cost of remedial works, the expert must translate complex construction data into a clear, evidence-based narrative. In the realm of construction dispute resolution , the quality of this narrative determines the outcome.

The "Secrets" to a Bulletproof Expert Report

When we talk about "secrets," we are referring to the professional nuances and technical disciplines that separate a mediocre report from a definitive one. Here is what the industry’s top experts prioritise to ensure their findings are unassailable.

1. The Danger of the "Black Box" Calculation

One of the most common pitfalls in an expert report construction is the "black box" approach. This occurs when an expert presents a final figure without showing the granular steps taken to reach it. If a judge cannot trace the logic from the raw site records to the final sum, the entire report may be disregarded.

Top-tier experts use clear, cross-referenced spreadsheets and forensic accounting techniques. Every figure should be tied to a specific source document: be it a daily site diary, a subcontract payment notice, or a verified invoice. At Veritas Surveying, our quantum expert witness team ensures that our methodology is transparent and reproducible.

2. Verification over Assumption

The quickest way to destroy an expert’s credibility is to demonstrate that they accepted unverified information from their instructing party at face value. A seasoned construction expert witness will independently test the data. If a contractor claims a delay caused a specific spike in labour costs, the expert must verify this against payroll records and site attendance logs. Relying on "assumed" costs is a recipe for disaster during cross-examination.

3. The Power of the "Alternative Scenario"

An expert who only calculates the claim based on their client’s position is often seen as biased. The "secret" to gaining the tribunal’s trust is to provide alternative valuations. For instance: "Based on the Claimant’s position on liability, the quantum is £X; however, should the Tribunal find in favour of the Respondent’s position on Clause 4.2, the quantum would be £Y."

This proactive approach demonstrates impartiality and makes the expert a useful tool for the judge, rather than a mouthpiece for the client.

CPR Part 35: The Shield of Independence

For many solicitors, the independence of an expert is their greatest asset. Under CPR Part 35, an expert must provide an objective, unbiased opinion on the matters within their expertise. If an expert is found to be acting as a "hired gun," the consequences are severe: reports can be struck out, and the instructing party may face significant cost penalties.

At Veritas Surveying, we take our duty to the court seriously. Our reputation as a leading quantum expert in Manchester and London is built on the fact that we tell our clients the hard truths early in the process. We identify the weaknesses in a quantum claim before they are exposed in a public forum, allowing for a more strategic approach to construction adjudication .

How a Well-Prepared Report Facilitates Settlement

Most construction disputes never reach a final hearing. They are settled in mediation or through structured negotiations. A high-quality expert report construction is the most powerful leverage a party can have in these discussions.

When the opposing side receives a report that is forensic, logically sound, and compliant with all professional standards, they are forced to reassess their risk. It signals that you are prepared for trial and that your financial claims are backed by more than just wishful thinking. A robust quantum report often serves as the "reality check" that brings both parties to the table.

Tip: Early Involvement is Key

Waiting until the eleventh hour to instruct a quantum expert witness is a common mistake. By involving an expert during the early stages of a construction dispute in Manchester or London, you can ensure that the right evidence is being preserved and that the quantum of the claim is realistic from the outset.

Common Pitfalls to Avoid

To ensure your dispute resolution strategy remains on track, be wary of these common expert mistakes:

Sustainability Issues: Writing a conclusion that the expert does not genuinely believe in. Cross-examination will inevitably expose these weak points.
Lack of Native File Access: Relying on PDFs when native Excel files are available. Native files allow for a deeper forensic dive into the formulas and logic used during the project.
Poor Cross-Referencing: If it takes a judge ten minutes to find the source of a single figure, you are losing the case. Use hyperlinked digital bundles to keep the analysis brisk and accessible.
Ignoring the Opposing Expert: A report should not exist in a vacuum. It must address and, where possible, refute the methodology used by the opposing side’s construction expert witness .

Why Veritas Surveying Limited?

With offices strategically located to serve the North West and the South East, Veritas Surveying Limited provides a comprehensive suite of quantity surveying and expert witness services. Whether you require a quantum expert in Manchester or a quantity surveyor in Cheshire , our team brings a meticulous, forensic approach to every instruction.

We understand the pressures faced by developers and contractors. Our goal is to provide a "protective shield" of data and analysis that secures your commercial interests. From NEC4 contract advice to high-value litigation, our expertise is your competitive advantage.

Conclusion: Strategy Over Spin

The "secrets" of the quantum expert witness world aren't about hidden tricks; they are about an unwavering commitment to detail, independence, and the high standards of the Royal Institution of Chartered Surveyors (RICS) and the courts. A report that is technically rigorous and commercially pragmatic is the most effective tool in any construction dispute resolution toolkit.

If you are facing a dispute and need an expert who can navigate the complexities of quantum with precision and authority, Veritas Surveying Limited is here to help.

Contact our Manchester or London offices today to discuss how our expert witness services can support your case.

Pay Less Notices: A Complete Guide for Contractors and Subcontractors

Sun, 01 Mar 2026 12:05:58 GMT

Pay Less Notices: A Complete Guide for Contractors and Subcontractors

A straight‑talking, real‑world guide to one of the most misunderstood documents in UK construction.

If you’ve ever been on the receiving end of a payment you didn’t expect — or worse, didn’t receive the payment you were sure was coming — chances are a Pay Less Notice was involved somewhere in the mix.

These notices can make or break cashflow. They’re the difference between getting paid what you applied for or walking away empty‑handed. And yet, in the day‑to‑day rush of construction, they’re often misunderstood, rushed, or served too late.

So, in classic Veritas fashion, here’s a grounded, no‑nonsense guide to Pay Less Notices: what they are, why they matter, and how to avoid getting caught out by them.

What Is a Pay Less Notice?

A Pay Less Notice is the paying party’s chance to say:
“We’re not paying you the amount you applied for — and here’s why.”

Under the Housing Grants, Construction and Regeneration Act 1996, a pay less notice lets the payer reduce the “notified sum” — but only if the notice is served correctly and on time. [fenwickelliott.com]

If it isn’t?

Then we enter the world of “smash‑and‑grab” adjudications — or, as Fenwick Elliott describes more neutrally, Payment Notice Disputes , which arise when a payer fails to issue a valid payment notice or pay less notice. [fenwickelliott.com]

And once that happens, the full amount applied for becomes immediately contractually payable, even if it’s wrong. [fenwickelliott.com]

Why Pay Less Notices Matter So Much?

Fenwick Elliott puts it bluntly: the statutory payment cycle is designed to protect cashflow, and missing a notice — even by mistake — can trigger an obligation to pay the full applied‑for amount.

They summarise it like this:

If an employer fails to give the relevant notice — even due to oversight or error — the contractor’s application becomes the notified sum , payable in full regardless of valuation accuracy. [fenwickelliott.com]

For contractors and subcontractors, that means one thing:

If you understand pay less notices, you protect your business.
If you don’t, you’re gambling with your cashflow.

When Must a Pay Less Notice Be Served?

This is where timing becomes critical.

The Act requires that a pay less notice be served no later than the period prescribed in the contract , which must end no later than one day before the final date for payment.

These timeframes can differ under JCT, NEC, or bespoke amendments — but the one‑day minimum is absolute.

If you're even one day late, the pay less notice is invalid.

What Must a Pay Less Notice Contain?

A valid pay less notice must:

✔️ State the amount the payer considers due

✔️ Explain the basis of calculation

✔️ Be served within the correct timeframe

✔️ Be served to the correct address, in the correct format, as required by the contract

Courts and adjudicators will not “fix” deficient notices.
If your notice doesn’t clearly set out the numbers and reasoning, it’s as good as not serving one at all.

Fenwick Elliott’s Insight 101 stresses how “alarmingly common” it is for parties to misunderstand or mis‑apply notice requirements, despite the severe consequences. [fenwickelliott.com]

What Happens If a Pay Less Notice Is Late or Invalid?

This is where things get lively.

If the payer submits:

No payment notice
No valid pay less notice

then the contractor’s application — even if over‑valued — becomes the notified sum , payable in full.
This has been reinforced repeatedly by the courts, including the summary by Carr J in Jawaby v Interiors Group:
Failure to issue a compliant notice means the applied‑for sum becomes payable “even if it is wrong in valuation terms.” [fenwickelliott.com]

This creates the perfect conditions for a smash‑and‑grab adjudication.

And make no mistake — these disputes are now “increasing in frequency” amid current economic pressures. [fenwickelliott.com]

Real‑World Example: Pay Less Notice Served Early (But Still Valid?)

The Placefirst v CAR case from 2025 dealt with an all‑too-common issue:
Can a pay less notice be valid if served early?

In that case, a notice labelled as a “Pay Less Notice” was sent before the due date — raising questions about timing and compliance. The court examined whether early or combined notices could still satisfy the statutory requirements.

The takeaway?

The substance of the notice matters more than its label —
but timing still must align with contractual and statutory rules.

So don’t assume “early is safe.”
Check your contract carefully.

Why Contractors and Subcontractors Must Pay Attention

Here’s the honest truth:

Most payment disputes aren’t about bad faith. They’re about admin mistakes:

Notices sent to the wrong email
Wrong dates in the payment calendar
Missing attachments
Someone on holiday
Confusion between “payment notice” and “pay less notice”
Assuming the QS “handled it”

Fenwick Elliott stresses that many contracts still contain non‑compliant payment provisions, and many teams still misunderstand the statutory timing — despite the high stakes. [fenwickelliott.com]

And those stakes are huge.
One missed notice can lead to paying tens or hundreds of thousands that you don’t believe are owed — with no defence except a future “true value” adjudication.

Practical Tips

1. Build a payment calendar with alarms

Not Outlook. Not a scribble on the site wall. A proper, shared calendar everyone sees.

2. Always double‑check the contractual notice provisions

Don’t assume JCT defaults apply. Amendments change everything.

3. Make notices clear, complete and unambiguous

Amount. Basis of calculation. Project reference. Dates. Attachments.

4. Serve notices to every address required

Postal + email + portal if applicable.

5. Keep evidence of service

Screenshots, server logs, proof of postage — whatever your contract allows.

6. Train your team

One new QS who doesn’t understand the cycle can sink your case and cost you cash.

7. When in doubt — issue a pay less notice anyway

It’s better to serve it and not need it than the other way round.

Final Thought: Pay Less Notices Aren’t the Enemy — Confusion Is

In an industry where margins are tight and cashflow is king, Pay Less Notices are not just bits of paperwork. They’re lifelines, safeguards, and sometimes the last defence against a payment you simply don’t agree with.

The rules aren’t complicated — but they are unforgiving.
Get them right, and you protect your business.
Get them wrong, and the consequences are immediate.

If you’re dealing with a construction issue and need expert input — or just want to understand your options — we’d love to hear from you.

�� Call us on 0161 298 1003
�� Email rbarnes@veritassurveying.co.uk
�� Visit veritassurveying.co.uk to learn more

https://www.fenwickelliott.com/research-insight/newsletters/insight/101

The Role of the Expert Witness in Construction Disputes

Sun, 01 Mar 2026 11:40:46 GMT

The Role of the Expert Witness in Construction Disputes

A look at a Job Nobody Notices… Until Everything Goes Wrong

If you’ve spent any time in construction — whether that’s on muddy ground in January or buried in contract documents on a late Thursday night — you’ll know that disputes aren’t rare surprises. They’re more like Manchester rain: sometimes heavy, sometimes light, but always somewhere in the forecast.

And when a dispute does reach boiling point, one figure quietly steps out of the background and into the spotlight: the expert witness .
Not the hired gun.
Not the client’s mouthpiece.
Not the person there to win the argument.

Just someone there to tell the truth — clearly, independently, and without flinching.

It’s a role people misunderstand all the time. So let’s break it down in plain English.

Why do construction disputes even need expert witnesses?

Because judges, arbitrators and adjudicators — as clever as they are — generally don’t know why cavity trays fail, or whether that slab really was within tolerance, or whether a payment delay reasonably caused a six‑week knock‑on.

Construction isn’t intuitive. It’s technical, messy and full of competing interpretations.

So the tribunal needs someone who does understand the finer points:

how projects are supposed to be sequenced
what good workmanship really looks like
how costs escalate when design information arrives late
why “only a small change” sometimes means a major delay

That’s where expert witnesses come in. They provide professional opinion evidence on issues the tribunal can’t determine alone . [rics.org]

The expert witness: not a hired advocate, but a neutral voice

One of the biggest misconceptions in construction disputes is that the expert is “on your side.” They’re not. In fact, they legally can’t be.

RICS guidance makes this crystal clear: the expert’s primary duty is to the tribunal, not the client paying their invoice . They must remain objective, impartial and absolutely honest — even if their opinion doesn’t help the party who appointed them. [consultati...s.rics.org]

That’s what keeps the system functioning.
There’s no point having experts if they’re just better‑qualified cheerleaders.

What does an expert witness actually do?

Depending on the case, quite a lot. But in simple terms, the expert brings clarity to chaos.

Here’s what their work usually involves (in the real world, not the textbooks):

1. Reviewing the evidence

Drawings, specifications, valuations, diaries, emails, soil reports — you name it. They review it, test it, and make sense of it.

2. Visiting the site

Because you can’t understand defective drainage or a mis‑designed frame from a desk alone.

3. Forming an independent opinion

Not a “helpful” opinion.
Not a tactical opinion.
Just the truth based on expertise, training and experience.

4. Writing a clear, structured expert report

RICS sets out strict standards on the content, structure and declarations required in an expert witness report — all to ensure transparency and integrity. [nmrk.com]

5. Answering questions and joint meetings

Experts often meet with the opposing expert to see what they agree on, where they differ, and why.

6. Giving oral evidence (if needed)

This is where calm heads matter. The expert must be prepared to explain technical issues under cross‑examination — simply and confidently.

It’s meticulous work. Detail‑heavy. Pressure‑filled. But also deeply valuable when a dispute needs real technical clarity.

Why independence matters more than anything

In construction disputes, emotions run high. Contractors feel wronged. Employers feel misled. Subcontractors feel squeezed. Everyone feels the pressure.

In all that noise, the expert witness has to stay grounded. RICS emphasises integrity, impartiality and acting strictly within one’s area of expertise as non‑negotiable requirements. [consultati...s.rics.org]

If an expert strays into partiality — even subtly — they risk:

damaging the client’s case
undermining their own credibility
professional consequences under RICS standards

This is why experts turn down instructions when there’s a conflict of interest, and why RICS guidance includes detailed requirements around engagement terms, declarations, and report amendments. [nmrk.com]

Being impartial isn’t a courtesy — it’s the job.

Expert witnesses aren’t just for court (or Christmas!)

Most people imagine expert witnesses standing in a witness box. But in construction, they’re involved in:

Adjudications (fast, documents‑based)
Arbitrations (more formal, often international)
Mediations (as behind‑the‑scenes advisors)
Litigation

The 2025 RICS draft update makes clear that expert evidence is used across a “wide range of tribunals,” not just courts. [consultati...s.rics.org]

So whether it’s a seven‑figure cladding dispute or a small but complex boundary disagreement, the expert witness plays the same stabilising role.

Training, standards and staying competent

Expert witness work isn’t something you drift into accidentally. RICS offers structured training, including the Expert Witness Certificate, which embeds knowledge of duties, legal concepts, conflicts of interest, and proper report writing. [rics.org]

This reflects the reality of the job:
Expert witness work is as much about process, integrity and communication as it is about technical knowledge.

So what makes a good expert witness?

Here’s the truth — the best expert witnesses aren’t the loudest voices or the most aggressive personalities. They’re the ones who:

Explain the complex in simple terms
Stay calm under pressure
Admit limitations honestly
Base opinions on evidence, not instinct
Never twist facts to suit a client

Good experts help the tribunal reach a fair, reasoned outcome.
Great experts help the whole industry maintain trust.

Final thoughts: the expert witness is the steady hand in a storm

Construction disputes can feel like being stuck between a malfunctioning crane and a deadline no one wants to move. There’s tension, blame, cost pressure, technical confusion — and often a lot of frustration.

Amid all that, the expert witness brings something priceless: clarity .

They help everyone understand what really happened, what should have happened, and what it all means.

Their role isn’t dramatic.
It isn’t glamorous.
But when the stakes are high and the facts are tangled, their independence is exactly what keeps the whole process fair .

And in an industry built on trust, that matters more than ever.

Need a Construction Expert Witness?

If you’re dealing with a construction issue and need expert input — or just want to understand your options — we’d love to hear from you.

�� Call us on 0161 298 1003
�� Email rbarnes@veritassurveying.co.uk
�� Visit veritassurveying.co.uk to learn more

JCT Contracts Explained: The Key Clauses Every Contractor Should Actually Understand

Sun, 01 Mar 2026 11:24:25 GMT

JCT Contracts Explained: The Key Clauses Every Contractor Should Actually Understand

If you’ve worked in construction for more than a week, you’ve probably had a JCT contract slide across your desk. Sometimes it’s in a smart binder. Sometimes it’s a PDF someone’s “tidied up” with their own amendments. And sometimes it’s printed in a hurry on a site printer that’s been out of toner since 2019.

However it arrives, most contractors do the same thing: they glance at the front page… flick to the price… skim for the programme dates… and hope the rest never becomes their problem.

But of course, it always becomes your problem . Usually at the worst possible moment.

So, in the spirit of keeping things simple, straight‑talking, and grounded in the real day‑to‑day of construction — much like Manchester’s own story of growth and graft — here’s a Plain English guide to the JCT clauses that actually matter. No jargon. No legal lectures. Just the stuff that keeps projects running, payments flowing, and relationships intact.

Why JCT Still Matters in 2026

The Joint Contracts Tribunal (JCT) produces the most widely used standard forms of building contract in the UK. That isn’t marketing — it’s simply how the industry runs today.

Over the last two years, JCT has rolled out its 2024 Edition , modernising the suite with changes like clearer drafting, email notices, updated building safety obligations, and new grounds for delay such as epidemics and certain ground‑condition risks.

In other words, the JCT you’re working under now isn’t quite the JCT you learned as an apprentice.

It’s evolved — largely because construction itself has been through a turbulent decade. Supply chain squeezes, new safety laws, inflation, and a sharp uptick in disputes have all left their mark. JCT’s updates reflect this reality.

So let’s break down what contractors actually need to understand.

1. Payment Clauses: The Beating Heart of Cashflow

Ask any contractor what keeps them up at night and it’s rarely design philosophy or the nuances of subcontracting. It’s getting paid — properly and on time .

JCT payment clauses sit on top of the Housing Grants, Construction and Regeneration Act 1996 , which lays down strict rules for fair payment:

clear due dates
clear final dates for payment
a payment notice within 5 days
and rules around pay less notices.

If the contract doesn’t meet these standards, the Scheme for Construction Contracts steps in automatically.

In practice, this means:

If a payment notice is late or missing, your application can become the “notified sum.”

Contractors are often surprised at how strict courts have become on this point. Recent commentary explains that even small errors in notice timing can swing an adjudication.

**And if there’s no valid pay less notice?

The full notified sum must be paid — even if the number is wrong.**

This creates the classic “smash‑and‑grab” scenario. It’s not about fairness; it’s about the rules. Knowing these rules keeps cashflow moving — and keeps your business alive.

2. Variations: Where 90% of Arguments Begin

Every construction project changes. Sometimes it’s because the client tweaks their idea. Sometimes it’s because something unexpected appears behind a wall. Sometimes it’s because the original drawings came straight from the land of make‑believe.

Under JCT, variations (or “Changes” in the DB form) need to be:

clearly instructed
properly valued
properly evidenced

The contract gives a structured process: written instructions, valuation rules, and — importantly — the right to confirm verbal instructions in writing if the employer fails to do so.

But here’s the modern twist:

Courts are increasingly treating written‑instruction requirements as conditions precedent.

Meaning:
If it’s not instructed properly, you might not get paid for it.

Recent analysis shows courts leaning towards enforcing these formality rules strictly, following the logic from the Supreme Court’s Rock Advertising case on “no oral variations.”

Moral of the story:
Put it in writing. Then put it in writing again.

3. Extensions of Time: The Rules Have Tightened

The 2024 updates didn’t just modernise language; they changed timelines too.

Employers now often have 8 weeks instead of 12 to assess extension‑of‑time (EoT) claims.

That’s good news for contractors because it speeds up clarity. But it also means your notices must be:

early
detailed
evidenced
and regularly updated

The list of Relevant Events has also expanded. Things like:

epidemics
statutory changes
discovery of asbestos, contaminated material, or unexploded ordnance

All now fall within the JCT’s delay mechanism — provided the issue wasn’t already flagged in the documents.

This is a big deal, contractors now have clearer contractual routes for real‑world problems that have caused expensive disputes over the last decade.

Well at least on unamended forms!

4. Loss and Expense: The Rules Are Stricter Than You Think

Loss and Expense (L&E) covers the actual financial impact of employer risk delays — extra prelims, labour inefficiencies, longer supervision, plant, financing costs, and more.

But contractors often fall into the trap of thinking L&E will be sorted out at the final account.

Unfortunately, JCT doesn’t work that way.

Under most amended 2016 and 2024 forms, recent Scottish and English cases suggest the L&E notification clause may operate as a condition precedent — meaning if you don’t notify early and properly, you could lose entitlement entirely.

And even if you notify on time:

You must usually provide serious evidence — not a spreadsheet of guesses.

Full labour records, timesheets, allocation sheets, plant logs, delay narratives — all essential. As one detailed practitioner guide notes: a simple summary is “not adequate.”

It’s painful admin. But it’s cheaper than losing a £150,000 claim because you “planned to pull it together later.”

5. Design Responsibility: Read This Twice If You’re Under a D&B Contract

Design responsibility is one of the most misunderstood areas in construction — and the one that lands contractors in court most often.

Under unamended JCT Design & Build:

The contractor must exercise reasonable skill and care
Fitness‑for‑purpose is expressly excluded in the 2024 edition

That sounds reassuring… until you see your client’s 48 pages of bespoke amendments.

In the real world, many employers rewrite the risk allocation to push:

full design responsibility
responsibility for verifying the adequacy of the Employer’s Requirements
and liability for any design gaps, however early in the process

Case law and commentary show this is becoming increasingly common — and courts will enforce these amendments if you’ve signed them.

And then there’s the Contractor’s Design Portion (CDP) on traditional forms. Think of CDP as a mini D&B package inside a larger traditional contract.

CDP works brilliantly when well‑defined.
But when it isn’t?

It becomes, as one expert put it, a “dumping ground for unresolved risk.”

6. Liquidated Damages: Not the Scary Beast They Used to Be

Liquidated damages (LDs) have been through a dramatic evolution thanks to the Supreme Court’s decision in Cavendish v Makdessi .

Here’s the modern rule:

LDs are enforceable as long as they protect a legitimate commercial interest and aren’t wildly excessive.

It’s no longer about whether they represent a “genuine pre‑estimate of loss.”

For contractors, this means:

Most LD clauses will stick
Employers don’t need to prove actual loss
Your best protection is a realistic programme and early delay notices

On the bright side, the Supreme Court’s Triple Point ruling now firmly establishes that LDs run up to termination , and after that point, general damages take over — which JCT 2024 guidance reflects.

7. Termination Clauses: The 2026 Supreme Court Case Every Contractor Should Know

A landmark 2026 decision — Providence Building Services v Hexagon Housing Association — has settled a long‑running debate around termination for repeated default under JCT DB.

To put it simply:

You cannot terminate immediately for a repeated late payment unless the first late payment lasted long enough to create a termination right.

The Supreme Court held that clause 8.9.4 is “parasitic” on clause 8.9.3 — meaning the first breach must mature into a termination right before a second breach can trigger immediate termination.

This overturns a worrying Court of Appeal interpretation and restores the traditional stepped structure contractors have relied on.

It’s a win for clarity — but it also reminds contractors:

Termination is a technical minefield.
One wrong step can flip you from aggrieved party to guilty of repudiatory breach.

8. Adjudication: The 28‑Day Process

When a dispute breaks out, adjudication is usually the first stop, most times the only stop. JCT incorporates the statutory right to adjudicate under the Construction Act, and the process is designed to be fast and practical.

Key features include:

decision within 28 days (usually)
temporarily binding outcomes
“pay now, argue later” philosophy

JCT (and RICS) publish simplified adjudication rules for homeowner contracts, which echo the same principles contractors see under commercial forms.

Adjudication is quick, rough‑and‑ready, and reliant on documentation more than drama. If your notices and records are tight, you stand a fighting chance.

9. Building Safety Act: JCT Now Acknowledges the New World

The 2024 edition now requires parties to identify the Principal Designer and Principal Contractor , recognising the dutyholder roles created by the Building Safety Act 2022.

But don’t be fooled:
For higher‑risk buildings (HRBs), you will still need project‑specific amendments covering Gateways and the Golden Thread.

JCT hasn’t done that work for you.

10. Collaboration, Sustainability, and “Good Faith”: Now Core Contract Duties

The 2024 update elevates previously optional provisions on:

collaborative working
sustainability
early dispute notification

These are no longer fringe ideas — they’re core articles and conditions. Commentators note the industry welcomes the shift even if the practical impact remains to be seen.

In a world increasingly shaped by net‑zero commitments and tighter regulatory oversight, these clauses set expectations for behaviour, not just outcomes.

If you’re dealing with a construction issue and need expert input — or just want to understand your options — we’d love to hear from you.

�� Call us on 0161 298 1003
�� Email rbarnes@veritassurveying.co.uk
�� Visit veritassurveying.co.uk to learn more

Quantum and Delay Experts: Costs, Value & Real Case Insights | Veritas Surveying

Wed, 05 Nov 2025 08:00:22 GMT

What Do Quantum and Delay Experts Really Cost — And Are They Worth It?

Introduction: Cutting Through the Confusion

Let’s face it — construction projects rarely go exactly to plan. Even with the best intentions, things can go wrong. Delays happen. Costs creep up. Disputes arise. And when they do, you’re often left wondering: What went wrong? Who’s responsible?

That’s where Quantum and Delay Experts come in. These professionals help untangle the mess. They dig into the numbers, the records, the contracts — and provide independent, credible opinions that can make or break a problem project.

But how much do they cost? And are they really worth it?

Let’s walk through it together.

What Do Quantum and Delay Experts Actually Do?

Before we talk money, let’s talk value.

Quantum Experts

Quantum Experts are the financial analysts of the construction world. Their job is to assess the value of claims — things like variations, loss and expense, disruption, and termination costs. They don’t just look at invoices and spreadsheets; they interpret contracts, review site records, and apply industry standards to figure out what’s fair and reasonable.

They’re often called in when there’s a dispute over how much a contractor is owed — or how much a client should pay. Their reports are used in adjudications, arbitrations, and even court proceedings.

Delay Experts

If Quantum Experts handle the money, Delay Experts handle the time. They analyse project schedules, programmes, site diaries, emails, and progress reports to figure out what caused delays — and who’s responsible.

Did the contractor fail to mobilise on time? Did the employer change the design halfway through? Was there a shortage of materials? A failure by a subcontractor to perform? A Delay Expert will piece it all together and present a clear picture of what happened — and when.

When Do You Need Them?

You don’t always need an expert — but when you do, you’ll know. If the dispute involves significant sums, complex programmes, or is heading toward formal proceedings, expert input becomes essential.

Why Their Input Is So Valuable

You might be thinking: Can’t my solicitor or project manager handle this? And sure, they might have a good grasp of the situation. But when it comes to disputes — especially ones involving big money or complex timelines — tribunals want independent expert evidence .

Here’s why these experts are worth their weight in gold:

They bring clarity : In a dispute, both sides often have wildly different views. Experts cut through the noise and present facts.
They help settle early : A well-prepared expert report can lead to early resolution — saving you time, stress, and legal fees.
They strengthen your case : If things do go to adjudication or court, expert evidence can be the difference between winning and losing.
They help avoid escalation : Sometimes, just knowing an expert is involved encourages both sides to be more reasonable.

Real-World Example

A developer was facing a £500,000 claim from a contractor for delays and disruption. They brought in a Quantum and Delay Experts early. After reviewing the records, the expert found that only £280,000 of the claim was substantiated — and that the contractor had contributed to some of the delays. The developer was prepared for any adjudicaiton proceedings that could have been brought by the contractor and was able to settle the matter for £ 290,000, saving the developer over £200,000 in inflated costs and legal fees.

So, What’s the Cost?

Let’s talk numbers.

Expert fees vary depending on the firm, the complexity of the case, and how quickly you need help. Here’s a general breakdown of what you might expect in the UK:

Smaller independent practices : £150–£250 per hour
Mid-tier firms : £225–£375 per hour
Top-tier international firms : £275–£400+ per hour

But it’s not just about hourly rates. Here are a few things that can affect the overall cost:

1. Complexity of the Dispute

A simple valuation might take a few days. A full-blown delay analysis with thousands of documents? That could take weeks. You often find that once mid-tier firms and above are appointed, costs can spiral into six-figure sums.

2. Type of Proceedings

Adjudication is usually quicker and cheaper than arbitration or litigation. Experts will tailor their work to the process — and that affects cost.

3. Urgency

Need a report in two weeks? Expect to pay a premium. Experts often juggle multiple cases, so fast-tracking comes at a cost. That said, we don't take such an approach, and if we can help, we will.

4. Travel and Site Visits

If the expert needs to visit the site or attend hearings, travel time and expenses will be added.

5. Reputation and Experience

Senior experts with decades of experience and a strong track record will charge more — but they also bring more weight to your case.

Are They Worth the Money?

Absolutely — especially when the dispute involves significant sums.

In The Sky’s the Limit Transformations Ltd v Mirza ( read the full judgment ), our Director, Mr Richard Barnes , was appointed to provide expert quantum evidence. The dispute involved the valuation of residential building works and alleged defects.

Mr Barnes prepared a detailed expert report and gave oral evidence before the Technology and Construction Court (TCC) . His analysis focused on the valuation of completed works, the presence of defects, and the cost of rectification.

In his judgment, His Honour Judge Stephen Davies stated:

“Accepting as I do the opinion of Mr Barnes…”

That kind of recognition doesn’t come lightly — it reflects the clarity, depth, and reliability of our work.

Choosing the Right Expert — What Really Matters

Let’s be honest — when you’re in the middle of a construction dispute, the last thing you want is more uncertainty. You need someone who knows their stuff, communicates clearly, and doesn’t make things more complicated than they already are.

1. Credentials That Actually Mean Something

At Veritas Surveying, we’re Regulated by RICS , which means we follow strict professional standards and ethical guidelines. It’s not just a badge — it’s a promise of quality.

2. Experience That’s Real — and Relevant

We’ve worked on everything from domestic disputes to multi-million-pound commercial claims. Recent commissions include:

A £1.5 million claim in the TCC following an escape of water
A single joint expert appointment in the Birmingham TCC to value works and defects at a domestic property
A RICS DRS appointment to assess remedial works for two basement structures (claim value: £600,000)
Expert opinion on rectification works to a substantial property in the Royal Court of Jersey
Valuation of defects and final account for a high-value residential property in London
Advisory roles in international disputes, including a £49m claim at a South Asian power station and a £55m claim involving pipework defects at a UK hospital

We’ve been instructed by leading firms and organisations including:

Pinsent Masons LLP
Clyde & Co LLP
BLM LLP
Berry Smith LLP
Invicta Law
Kent County Council
South East Water
Zurich Insurance
Balfour Beatty

3. Know Who Else Is Out There

Other respected firms in the UK and internationally include:

These firms are often involved in large-scale international arbitration, but for UK-based disputes — especially those requiring a more personal, flexible approach — Veritas Surveying offers something different.

4. Communication That Makes Sense

We don’t do jargon for the sake of it. Our reports are written to be understood by clients, solicitors, adjudicators and judges alike.

5. Fees That Don’t Leave You Guessing

We’re upfront about costs. No hidden extras. No vague estimates. Just clear, honest pricing based on the scope of work.

6. A Team That’s Actually on Your Side

We work closely with you, your legal team, and your advisors to ensure your case is built on solid ground. We’re collaborative, responsive, and genuinely invested in getting the right outcome.

Conclusion: Expert Help That Often Pays for Itself

Quantum and Delay Experts aren’t just a luxury — they’re a smart investment. They help you understand your position, protect your interests, and resolve disputes efficiently.

Ready to Talk? Let’s Make Sense of Your Dispute

If you’re dealing with a construction issue and need expert input — or just want to understand your options — we’d love to hear from you.

�� Call us on 0161 298 1003
�� Email rbarnes@veritassurveying.co.uk
�� Visit veritassurveying.co.uk to learn more

Manchester’s Building Boom: Balancing Heritage and Development

Sun, 02 Nov 2025 09:45:00 GMT

Manchester’s Building Boom: Balancing Heritage and Development

Introduction

Manchester is changing. Fast. The cranes are back, the scaffolding is up, and the skyline is morphing into something new — something bold. But as glass towers rise and old streets vanish, we’re left asking: what are we building, and what are we losing?

The Rise of the New Manchester

Walk through Deansgate or Ancoats and you’ll see it — the relentless march of development. Luxury flats, co-working spaces, boutique hotels. The city is being reimagined, repackaged, and sold. In Castlefield , the canals still glisten, but the warehouses are now lofts. In Salford Quays , the industrial past has been scrubbed clean to make way for MediaCity’s polished façade.

There’s no denying the energy. Manchester is booming. But beneath the surface, there’s a quiet unease. Are we preserving the soul of the city, or are we trading it for steel and glass?

Heritage on the Edge

Manchester’s heritage isn’t just bricks and mortar — it’s identity. The mills, the red-brick terraces, the forgotten cinemas. They tell stories of industry, resilience, and community. But heritage doesn’t always fit neatly into a developer’s spreadsheet.

Too often, we see historic buildings earmarked for demolition, their value reduced to the footprint they occupy. Conservation areas become battlegrounds. Listed buildings are left to decay, their restoration deemed too costly, too inconvenient.

At Veritas Surveying , we’ve stood in the middle of these tensions — advising, assessing, and sometimes defending the buildings that others would rather forget.

Planning, Politics, and Pressure

Planning in Manchester is a complex dance. Developers push for height, volume, and speed. Planners juggle policy, public interest, and political pressure. And somewhere in the middle sits heritage — often voiceless, often vulnerable.

Working with listed buildings or in conservation zones means navigating a maze of regulations. Heritage impact assessments, structural surveys, community consultations — they’re not just paperwork. They’re the tools we use to protect what matters.

Our surveying services help clients understand these challenges and find solutions that respect both progress and preservation.

Stories from the City

Ancoats: From Mill to Modernity

We worked on a mill conversion in Ancoats — a hulking red-brick relic that had seen better days. The developer wanted flats. The planners wanted heritage. We found a way to honour both. The result? A building that breathes history but lives in the present.

Castlefield: A Warehouse Reborn

In Castlefield, a listed warehouse was on the brink. Structural issues, planning disputes, mounting costs. We stepped in to assist with the production of a development appraisal, helping to navigate the planning process and restore the building’s future.

Salford Quays: Heritage in the Shadows

At Salford Quays, the pace of development is dizzying. We have been involved in a number of disputes for outstanding monies in this area. Back in the day, it's likely that outstanding monies would have been chased by other means! Now it's a more civil type of affair with adjudication or litigation being used to resolve disputes in lieu of gangland warfare.

The Cost of Losing Character

When heritage is sidelined, cities lose more than buildings — they lose memory. They lose texture. They become generic. Manchester deserves better. It deserves development that listens, that learns, that respects.

We’re not anti-progress. We’re pro-context. We believe that new buildings should speak to their surroundings, not shout over them. That regeneration should include restoration. That the future should have roots.

Conclusion

Manchester’s building boom is a chance to redefine the city. But let’s not forget what made it great. Let’s build with care, with conscience, and with a sense of place.

At Veritas Surveying , we’re here to help. Whether you’re developing, restoring, have a dispute, or just trying to do the right thing, we offer the expertise and insight to guide you.

Get in touch to talk about your project, your building, dispute or your vision for Manchester:

www.veritassurveying.co.uk/contact

Top 5 Contract Clauses Every Contractor Should Understand

Wed, 29 Oct 2025 09:01:27 GMT

Top 5 Contract Clauses Every Contractor / Subcontractor Should Understand

Introduction

Whether you're a seasoned contractor, subcontractor or employer, or just starting out, understanding the key clauses in your construction contract is essential. Misinterpreting or overlooking these clauses can lead to disputes, delays, and financial loss. At Veritas Surveying , we regularly support contractors, subcontractors, Employers across Cheshire , Manchester , and the wider UK in navigating contract complexities — including adjudication, arbitration (rarely!), expert witness services, and legal support.

In this article, we break down five of the most important contract clauses every contractor should be familiar with — especially when working under JCT or NEC forms of contract. We also provide practical examples, legal context, and tips to help you stay compliant and protected.

1. Payment Terms and Mechanisms

These clauses outline when payments are due, how applications for payment should be made, and the process for issuing Payment Notices and Pay Less Notices . Under the Construction Act, failure to issue notices correctly can result in automatic entitlement to the claimed amount, commonly known as a smash and grab.

Example: A subcontractor submits a payment application but receives no Pay Less Notice. The subcontractor may be legally obliged to pay the full amount provided its application complies with the contract provisions.

Tip: Use a clear payment schedule and document all communications.

Learn more about our support for construction adjudication .

External resource: Housing Grants, Construction and Regeneration Act 1996

2. Variations and Change Control

These clauses govern how changes to the scope of work are instructed and valued. They include procedures for issuing variation orders and assessing additional costs or time. Contractors and subcontractors must ensure that all changes are authorised and documented in a timely manner.

Example: A client verbally requests additional work. Without written confirmation, you may struggle to recover costs and time.

Tip: Always request written instructions and maintain a variation log.

External resource: JCT Contract Library

3. Extension of Time (EOT)

Delays happen — but how they’re handled contractually is crucial. These clauses set out grounds for claiming an extension (e.g. weather, client delays), notification procedures, and the impact on liquidated damages.

Example: A contractor fails to notify the client of a delay within the required timeframe and loses entitlement to an extension of time

Tip: Submit EOT claims promptly with supporting evidence.

We offer c ommercial and contractual support to help manage time risks effectively and ensure that notices are submitted on time.

External resource: NEC Contract Case Studies

4. Termination Provisions

The clauses outline the circumstances under which either party can terminate the contract, including insolvency, breach of contract, or failure to perform. It also details the consequences of termination, such as payment for completed work and demobilisation costs.

Example: A contractor is terminated without proper notice. If the termination is unlawful, they may be entitled to compensation including loss of profit.

Tip: Review termination clauses carefully and seek legal advice before acting.

External resource: RICS Guide to Termination Rights

5. Dispute Resolution

Most contracts include clauses specifying how disputes will be resolved — commonly through adjudication , mediation , or arbitration . Understanding the process and timelines is essential for preparing a strong case.

Example: A contractor initiates adjudication but fails to follow the notice procedure, resulting in dismissal of the claim.

Tip: Engage a qualified expert early to guide you through the process. Being proactive may help you to avoid a dispute, or at least put you in the best position to pursue your claim.

We provide contractual and commercial support, expert witness services and legal support for disputes and tribunals.

External resource: Chartered Institute of Arbitrators (CIArb) Resources

Conclusion

Contract clauses aren’t just legal jargon — they’re the basis of your working relationship with your customer and entitlement to payment.

At Veritas Surveying , we help contractors, subcontractors and Employers interpret, proactively manage, and enforce contract terms to avoid disputes, maintain relationships and protect their interests.

If you have failed to do this or need some support with a legacy project to or claim, we are here to help too!

Need help reviewing your contract, putting proactive steps in place to protect your position or resolving a dispute?

Get in touch with our us via our Contact Page .

Flood Damage Insurance Claims: Expert Guidance from Veritas Surveying

Sun, 26 Oct 2025 10:40:20 GMT

Flood Damage Insurance Claims: Expert Guidance from Veritas Surveying

Introduction: Understanding Flood Damage in the North West

Flooding is a growing concern for property owners across the UK, particularly in regions like Cheshire and Greater Manchester . With climate change contributing to more frequent and severe weather events, the risk of flood damage is increasing. Whether caused by surface water, overflowing rivers, or drainage failures, the impact on homes and businesses can be devastating.

At Veritas Surveying , we provide expert support for flood damage insurance claims, helping property owners navigate the complexities of assessment, reporting, and reinstatement. In addition, we also support insurers, local authorities and solicitors on a national basis with recoveries against Water Companies producing CPR Part 35 reports and evaluating claims; previous claims have included South East Water , United Utilities , and Thames Water.

What Is a Flood Damage Insurance Claim?

A flood damage claim refers to damage caused by water entering a property from external sources, such as:

River or coastal flooding
Surface water run-off
Sewer or drainage system overflow
Flash flooding due to heavy rainfall

This differs from an escape of water claim , which involves internal leaks from plumbing or appliances.

Common Types of Flood Damage

Structural damage to walls, floors, and foundations
Contamination from sewage or pollutants
Electrical system faults
Damage to fixtures, fittings, and personal belongings
Long-term issues such as damp, mould, and timber decay

How Veritas Surveying Supports Flood Claims

Our insurance claims surveying services are designed to provide clarity and confidence during what can be a stressful time. We offer:

Initial Site Inspection : We assess the extent of flood damage, including hidden structural issues and contamination risks.
Causation and Policy Review : We help determine whether the damage is covered under your insurance policy and identify any exclusions or limitations.
Reinstatement Cost Estimates : We produce detailed cost schedules for repairs and restoration, including drying, decontamination, and rebuilding.
Independent Reporting : Our impartial reports are trusted by insurers, loss adjusters, and solicitors, ensuring transparency and accuracy.
Project Management : We can oversee the reinstatement process, working with contractors to ensure quality and compliance. Learn more about our project management services .

Working with Insurers, Solicitors, and as Expert Witnesses

Veritas Surveying has extensive experience working with leading insurance companies and solicitors across the UK. Our team provides:

Independent assessments for insurance claims
Technical reports for legal proceedings
Expert witness services in property disputes and litigation
Support for mediation and tribunal hearings

Our professional reputation is built on accuracy, impartiality, and clear communication, making us a trusted partner for legal and insurance professionals.

Flood Risk in Cheshire and Manchester

Areas such as Sale , Altrincham , Wilmslow , Stockport , and parts of Manchester city centre are known to be at risk of flooding due to proximity to rivers and ageing drainage infrastructure. Property owners in these regions should be aware of:

Local flood maps and risk zones
Environment Agency flood alerts
Preventative measures such as flood barriers and sump pumps
The importance of regular property maintenance and drainage checks

Tips for Flood Preparedness

Check your insurance policy for flood cover
Install flood-resistant doors and air brick covers
Keep valuables and electricals above ground level
Maintain gutters, drains, and soakaways
Know your local flood warning system

Why Choose Veritas Surveying?

RICS-accredited surveyors with flood damage expertise
Fast response across Cheshire, Manchester, and the North West
Independent and impartial advice
Trusted by insurers, solicitors, and property owners
Clear communication and professional service

Explore our full range of property surveying services .

Contact Us

If your property has been affected by flooding — or you want to prepare for future risks — contact Veritas Surveying today.

Call us : 0161 298 1003
Email : rbarnes@veritassurveying.co.uk
Visit : www.veritassurveying.co.uk/contact

Escape of Water Claims Support

Sun, 26 Oct 2025 09:45:18 GMT

Escape of Water Claims

Escape of Water Insurance Claims: A Comprehensive Guide from Veritas Surveying

Introduction: Why Escape of Water Claims Matter

Escape of water is one of the most common causes of property damage across the UK. Whether it’s a burst pipe, leaking appliance, or faulty plumbing, the consequences can be severe — affecting homeowners, landlords, and commercial property owners alike.

At Veritas Surveying , we specialise in supporting clients, insurers and solicitors throughout the North West with escape of water claims, whether it's a retrospective review for a CPR Part 35 Expert Report or project management and quantity surveying service to manage the reinstatement process. Our chartered surveyors in Cheshire and Greater Manchester provide independent assessments, detailed reports, and professional guidance to ensure fair outcomes and efficient repairs.

What Is an Escape of Water Claim?

An escape of water claim refers to damage caused by water leaking from a fixed installation within a property. This includes:

Central heating systems
Water tanks and cylinders
Internal plumbing and pipework
Dishwashers, washing machines, and other appliances
Bathrooms and kitchens (e.g. leaking showers, sinks, or toilets)

Common Causes of Escape of Water

Burst or frozen pipes
Poor workmanship or DIY plumbing
Failed seals or joints
Blocked drains or overflows
Accidental damage during renovations

Signs of Water Damage to Watch For

Damp patches on walls or ceilings
Peeling paint or wallpaper
Musty odours or mould growth
Warped flooring or skirting boards
Unexplained increase in water bills

How Veritas Surveying Supports Escape of Water Claims

As independent chartered surveyors operating across Cheshire and Manchester, our role is to provide impartial, expert support throughout the claims process. Here's how we help:

Initial Damage Assessment : Thorough inspection to identify the source and extent of damage.
Causation Analysis : Determining whether the damage is due to wear and tear, accidental damage, or negligence.
Cost Estimation : Accurate reinstatement costs for repairs.
Reporting : Detailed reports for insurers, loss adjusters, or solicitors.
Project Management : Oversight of remedial works. Learn more about our project management services .

Case Study: Residential Claim in Cheshire

A homeowner in Altrincham, Cheshire experienced a significant escape of water due to a failed joint in the upstairs bathroom. The leak affected multiple rooms, including the kitchen ceiling and timber flooring. Veritas Surveying was appointed to assess the damage, provide reinstatement costs, and manage the repairs. The claim was resolved efficiently with full coverage.

Challenges in Escape of Water Claims

Hidden damage (e.g. rot, mould, structural weakening)
Disputes over liability or policy wording
Delays in drying and reinstatement
Secondary issues like electrical faults or infestation

Tips for Preventing Escape of Water

Insulate pipes before winter
Check seals and joints regularly
Know where your stopcock is
Monitor water bills for unexpected increases
Regularly inspect pipework and check for leaks and signs of leaks.

Why Choose Veritas Surveying in Cheshire & Manchester?

RICS-accredited surveyors
Independent and impartial reporting
Fast response times across Greater Manchester and Cheshire
Trusted by insurers, loss adjusters, and property owners
Transparent pricing and professional service

Explore our full range of property surveying services .

Contact Us

If you’re dealing with an escape of water claim — or want expert advice on preventing one — get in touch with Veritas Surveying today.

Call us : 0161 298 1003
Email : rbarnes@veritassurveying.co.uk
Visit : www.veritassurveying.co.uk/contact

Manchester’s Construction Boom: Building the Future of a Northern Powerhouse

Tue, 09 Sep 2025 16:49:05 GMT

Manchester’s Construction Boom: Building the Future of a Northern Powerhouse

Manchester, once the beating heart of the Industrial Revolution, is now undergoing a transformation that rivals its 19th-century heyday. The city’s skyline is evolving rapidly, with cranes, scaffolding, and steel structures marking a new era of growth. From ambitious regeneration schemes to cutting-edge commercial developments, Manchester’s construction boom is reshaping not only its physical landscape but also its economic and social fabric.

A City on the Rise

Over the past 15 years, Manchester’s population has surged by more than 20%, and its economy has expanded by nearly 50%. This growth has been fuelled by domestic and international investment, with developers from the US, Europe, and Asia joining forces with UK firms to deliver a wave of new projects. Mayor Andy Burnham has called Manchester “the UK’s growth story of the decade,” and the numbers back him up.

The city’s construction sector is at the heart of this transformation. With over 7,200 construction companies operating in Greater Manchester, the region has become a hub for innovation, sustainability, and urban renewal.

Major Projects Reshaping Manchester

1. Victoria North: The UK’s Largest Regeneration Scheme

Spanning 390 acres, Victoria North is a joint venture between Manchester City Council and the Far East Consortium. The goal is to deliver 15,000 new homes over the next 15 years, alongside schools, healthcare centres, and 46 hectares of green space. The first phase, Collyhurst Village, is already underway, with 274 homes and a new park nearing completion.

This project is more than just housing—it’s about reconnecting communities. Sustainable drainage systems, low-carbon infrastructure, and riverside walkways are being integrated from the outset, making Victoria North a model for future urban development.

2. Co-op Live Arena: A New Benchmark for Entertainment

Located next to the Etihad Stadium, Co-op Live is set to become the UK’s largest indoor arena, with a capacity of 23,500. Backed by Oak View Group and City Football Group—with Harry Styles as an investor—the £365 million venue is designed to be the UK’s first all-electric entertainment space.

Beyond concerts and events, the surrounding campus is expected to attract food and beverage brands, creative businesses, and tech startups, turning East Manchester into a vibrant entertainment district.

3. Piccadilly Central: A Gateway to the Future

Despite uncertainty around HS2, the Piccadilly Central masterplan is moving forward. This 14-hectare brownfield site will be transformed into a mixed-use development featuring commercial, residential, and civic spaces. The design prioritises pedestrians and cyclists, with a new boulevard linking the station to the Northern Quarter.

4. Mayfield: Park-Led Placemaking

Mayfield Park, Manchester’s first new public park in over a century, is the centrepiece of a £1.5 billion regeneration scheme. Surrounding the park are commercial buildings, homes, and the reimagined Mayfield Depot—a cultural venue set to host events and exhibitions. The project is a blueprint for landscape-led urban renewal.

The Suburban Shift

While the city centre remains a focal point, 2025 marks a shift toward suburban development. Areas like Collyhurst, Withington, Gorton, and Moston are seeing significant investment.

Collyhurst : As part of Victoria North, Collyhurst will welcome 100 new social rent homes this year.
Withington & Gorton : New public squares and pedestrianised zones are being introduced to enhance community life.
Moston Lane : A radical overhaul will bring new public spaces and revitalised high streets.

This decentralisation reflects a broader strategy to ensure inclusive growth across Greater Manchester.

Top Construction Projects by Value

According to Barbour ABI, the top construction projects in Manchester for 2025 include:

Viadux Phase 2 : £600 million for 915 apartments and commercial units. barbour-abi
Crown Street Phase 3 : £570 million for 1,746 apartments. barbour-abi
Fallowfield Campus Redevelopment : £400 million for student accommodation. barbour-abi
The Gasworks, New Town : £400 million for 1,202 homes. barbour-abi
Great Jackson Street : £350 million for 1,037 flats and commercial space. barbour-abi

These projects reflect Manchester’s dual focus on residential expansion and commercial innovation.

Economic Impact

Manchester’s construction boom is not just about buildings—it’s about people, jobs, and prosperity. The city centre is expected to gain 40,000 new residents by 2026, pushing the population to 100,000. Employment is also on the rise, with forecasts predicting 65,000 new jobs by 2040.

Construction has played a pivotal role in this growth. Between 2014 and 2018, employment in Manchester increased by 17.2%, outpacing the national average. High-quality office spaces, public realm improvements, and cultural venues have attracted businesses and talent from across the UK and beyond.

Challenges and Opportunities

Despite the optimism, Arcadis reports that Manchester’s construction sector faces challenges:

Labour Shortages : Specialist trades like MEP (Mechanical, Electrical, Plumbing) are in short supply, driving up costs.
Inflation : Building construction inflation is forecast at 2–4% for 2025, rising to 5–6% by 2028.
Planning Complexity : Major programmes in regulated sectors are slow to start due to bureaucratic hurdles.

However, falling interest rates and increased housing reservations suggest a rebound is on the horizon. Developers who can navigate these challenges are likely to benefit from competitive pricing and strong demand.

Sustainability and Innovation

Manchester is positioning itself as a leader in sustainable construction. Projects like Co-op Live aim to be fully electric, powered by renewable energy. Victoria North incorporates low-carbon infrastructure and green spaces from the outset.

The city’s approach to placemaking—integrating parks, pedestrian zones, and cultural venues—reflects a commitment to long-term livability. This is not just about building structures; it’s about creating communities.

Looking Ahead

Manchester’s construction boom is more than a fleeting trend—it’s a strategic reinvention. From the city centre to the suburbs, from luxury towers to social housing, the city is building a future that balances growth with inclusivity.

Construction Expert Insights

Sun, 25 May 2025 19:31:38 GMT

Construction Expert Insights

Unlocking the Role of an Expert Witness in Construction Disputes: A Trusted Advisor's Guide

In the complex world of construction, disputes are almost inevitable, and when they arise, navigating them can be daunting. This is where the role of an expert witness in construction becomes invaluable, acting as a trusted advisor to untangle the intricacies of construction law and construction project management . Whether you're a quantity surveyor, legal practitioner, or business owner, understanding how expert testimony can illuminate construction claims and aid in resolving conflicts is crucial. From the nuances of quantity surveying expert witness insights to the detailed analysis provided by a quantum expert, these professionals offer clarity and guidance in the often murky waters of construction disputes. Join us as we delve into how these experts can be the cornerstone of fair and effective resolution in the construction industry.

Understanding Expert Witnesses in Construction

In the complex world of construction disputes, expert witnesses play a crucial role. This blog explores their function, importance, and the legal context in which they operate.

Role of an Expert Witness

An expert witness in construction serves as an impartial authority, providing specialized knowledge to assist in resolving disputes. Their primary responsibility is to offer objective, fact-based opinions on technical matters to a court or tribunal.

These professionals typically have extensive experience in the construction industry, coupled with in-depth knowledge of construction law and project management . They analyse evidence, conduct site visits, and review project documentation to form their expert opinions.

Expert witnesses must maintain independence and adhere to strict ethical standards. Their testimony can significantly influence the outcome of a case, making their role both critical and delicate in the dispute resolution process.

Importance in Construction Disputes

Expert witnesses are invaluable in construction disputes due to the technical complexity often involved in these cases. They bridge the gap between complex construction issues and legal principles.

Their expertise helps clarify technical matters for judges, arbitrators, or juries who may not have specialized knowledge in construction. This clarity is essential for fair and informed decision-making.

Moreover, expert witnesses can often identify the root causes of disputes, which is crucial for both resolving the current conflict and preventing future issues. Their insights can lead to more efficient dispute resolution, potentially saving time and resources for all parties involved.

Legal Context and Construction Law

Expert witnesses operate within the framework of construction law, which encompasses a wide range of legal principles and regulations specific to the construction industry. Understanding this context is crucial for effective expert testimony.

Construction law covers areas such as contract interpretation, building regulations, safety regulations, liability and quantum issues. Expert witnesses must navigate these legal complexities while providing technical insights.

Their testimony must align with legal standards of evidence and withstand scrutiny in court, adjudication or arbitration proceedings. This requires a delicate balance of technical expertise and legal awareness, making the role of an expert witness both challenging and essential in construction disputes.

Types of Expert Testimony

Expert testimony in construction disputes comes in various forms, each addressing specific aspects of the case. This section explores the roles of quantum experts and quantity surveying expert witnesses, as well as strategies for navigating construction claims.

Quantum Experts and Their Impact

A quantum expert in construction disputes specialises in quantifying the financial aspects of claims. Their role is crucial in determining the monetary value of damages or losses incurred in a project.

These experts analyse costs, assess variations, and evaluate the financial impact of delays or disruptions. Their work often involves complex calculations and requires a deep understanding of construction economics and project financials.

The impact of a quantum expert's testimony can be significant, often influencing the final settlement or award in a dispute. Their ability to present clear, substantiated financial analyses can make or break a case, especially in high-value construction claims.

Quantity Surveying Expert Witness Insights

Quantity surveying expert witnesses bring a unique perspective to construction disputes, focusing on the measurement and valuation of construction works. Their expertise is particularly valuable in cases involving cost overruns, variations, or contractual disputes.

These experts provide insights into project costs, material quantities, and labour requirements. They can assess whether work has been completed according to specifications and evaluate the reasonableness of claimed costs.

Quantity surveying experts often play a crucial role in interpreting contract documents and assessing compliance with contractual obligations. Their testimony can be instrumental in resolving disputes related to payment claims, variations, and final account settlements.

Navigating Construction Claims Effectively

Effective navigation of construction claims requires a strategic approach, often guided by expert testimony. This process involves several key steps:

Identify the core issues of the dispute
Gather and analyse relevant documentation
Assess the validity and quantum of claims
Develop a clear and persuasive narrative

Expert witnesses contribute significantly to this process by:

Providing technical analysis of project documents
Offering insights into industry standards and best practices
Assisting in the quantification of claims
Supporting the development of robust arguments

Their involvement can streamline the claims process, potentially leading to quicker resolutions and more favorable outcomes for the parties involved.

Expert Witness in Construction Project Management

Expert witnesses play a vital role in managing and resolving disputes within construction projects. This section explores their contribution to dispute resolution, the importance of credibility, and effective strategies for handling construction conflicts.

Resolving Disputes in Construction Projects

Expert witnesses are instrumental in resolving disputes in construction projects. They bring clarity to complex technical issues, helping parties understand the root causes of conflicts.

Their involvement often begins with a thorough review of project documentation, followed by site visits and interviews with key personnel. This comprehensive approach allows them to develop a clear picture of the dispute's context.

Expert witnesses can facilitate resolution by:

Providing objective analysis of technical issues
Offering impartial opinions on project management practices
Assisting in the evaluation of delay and disruption claims
Supporting mediation or arbitration processes with factual insights

Their expertise can often lead to more efficient and cost-effective dispute resolution, potentially avoiding lengthy and expensive litigation.

Building Trust and Credibility in Testimony

The effectiveness of an expert witness largely depends on their ability to build trust and credibility. This is achieved through a combination of technical expertise, professional conduct, and clear communication.

Key factors in establishing credibility include:

Demonstrating thorough knowledge of the subject matter
Maintaining objectivity and independence
Presenting evidence in a clear, concise manner
Being consistent in opinions across different cases

Expert witnesses must also be prepared to defend their opinions under cross-examination. Their ability to remain composed and provide well-reasoned responses significantly enhances their credibility.

Effective Strategies for Construction Disputes

Effective strategies for managing construction disputes often involve a combination of legal, technical, and interpersonal approaches. Expert witnesses contribute to these strategies by:

Early identification of potential issues
Providing objective assessment of claim validity
Assisting in the development of dispute resolution plans
Supporting negotiations with factual, impartial information

Expert testimony can be particularly effective when:

It aligns with the overall dispute resolution strategy
The expert's opinions are clearly communicated and well-supported
The testimony addresses the specific needs of the decision-makers (judges, adjudicators, arbitrators, or mediators)

By employing these strategies, expert witnesses can significantly contribute to the efficient and fair resolution of construction disputes, ultimately benefiting all parties involved in the project.

Manchester Approves UK's Tallest Tower Outside London: Viadux Two

Wed, 07 May 2025 12:00:52 GMT

Viadux 2

Manchester City Council has officially approved Viadux Two, a striking 76-storey skyscraper that will rise to 246 metres—making it the tallest building in the UK outside London. Developed by Salboy and designed by renowned architects SimpsonHaugh, the tower will include 452 branded residences and a 160-bed Nobu Hotel, marking Nobu Hospitality’s first real estate venture in the country.

Alongside the main tower, the scheme features a separate 23-storey building providing 133 affordable homes.Construction is due to begin later this year, with Domis appointed as the main contractor.

Viadux Two is part of a dramatic transformation in Manchester’s skyline. The city is currently experiencing a vertical building boom, with nearly 20 towers over 100 metres already constructed and more in the pipeline. Recent additions include The Blade, Three60, and Elizabeth Tower, all contributing to the city's rapid urban evolution.

Historically, Manchester's skyline was dominated by the 47-storey Beetham Tower, completed in 2006. Standing at 169 metres, it was the city's first landmark high-rise and remained the tallest building in Greater Manchester until 2018. The Beetham Tower, also known as the Hilton Tower, is a mixed-use skyscraper housing a hotel, residential apartments, and a sky bar.

Another significant development is the planned transformation of the CIS Tower on Miller Street. Originally completed in 1962 as Manchester's first skyscraper, the 28-storey, 118-metre Grade II-listed building is set to undergo a £150 million redevelopment. Under the new branding 'Society', the project aims to create a 'vertical business district' featuring 425,000 sq ft of modern workspace across three distinct areas: the Tower, Podium, and Street. The Tower will offer 143,527 sq ft of workspace across 26 floors, the Podium will provide 207,379 sq ft of flexible office floorplates, and the Street level will host food, beverage, retail, and leisure amenities. This ambitious project seeks to reimagine the CIS Tower as a vibrant, mixed-use environment that meets the evolving needs of Manchester's business community.

As Manchester continues to grow upwards, the complexity and scale of construction projects demand expert planning and precision. That’s where Veritas Surveying Ltd plays a vital role. Specialising in measured building surveys, topographical surveys, 3D laser scanning, and BIM-ready models , Veritas Surveying provides the critical data developers and contractors need to make confident, informed decisions at every stage of development.

Whether it’s ensuring accuracy in early design phases or providing up-to-date as-built data for complex high-rise construction, Veritas Surveying Ltd brings clarity and confidence to your project.

Planning a development or need precise survey data?

Contact Veritas Surveying Ltd today to discuss how our expert services can help bring your vision to life.

Understanding and Resolving Construction Disputes: A Guide by Veritas Surveying Ltd

richardtbarnes@hotmail.com (Richard Barnes) — Wed, 07 May 2025 11:49:54 GMT

Wembley Stadium

In the complex and high-stakes world of construction, disputes are unfortunately common. Whether it’s a disagreement over delays, payment issues, or defects in workmanship, construction disputes can be costly, time-consuming, and damaging to relationships and reputations.

At Veritas Surveying Ltd, we specialise in helping clients navigate these challenges with clarity, precision, and strategic insight.

The Wembley Stadium construction dispute

One of the most famous construction disputes in recent history is the case involving the Wembley Stadium redevelopment in London. The £757 million project, which aimed to deliver a world-class sporting venue, was marred by significant delays, cost overruns, and legal battles between the main contractor Multiplex and steel subcontractor Cleveland Bridge.

At the heart of the dispute were issues surrounding late design changes, coordination failures, and claims of defective work. The conflict culminated in a high-profile court case, where Multiplex was awarded partial damages but also held partly liable for the issues.

The Wembley dispute highlighted the importance of clear communication, robust contract administration, and early dispute resolution in major construction projects.

What Are Construction Disputes?

A construction dispute arises when parties involved in a project, such as contractors, subcontractors, developers, or clients, fail to see eye to eye on contractual obligations, project scope, or quality standards.

Common types of disputes include:

Payment delays or non-payment
Disagreements over variations or changes to the scope of work
Construction defects
Delays and extensions of time
Design discrepancies or coordination issues

These disputes often stem from ambiguous contract terms, poor communication, or a lack of proper documentation.

The Cost of Conflict

When disputes escalate, the impact can be significant. Beyond legal fees and compensation claims, unresolved disputes can halt construction, erode trust, and result in reputational damage. Prevention and early resolution are critical, which is where a qualified surveying and dispute resolution expert becomes essential.

How Veritas Surveying Ltd Can Help

At Veritas Surveying Ltd, we offer a robust range of services to help prevent and resolve construction disputes efficiently:

1. Expert Contract Advice

We provide clear guidance on contract drafting and interpretation, ensuring all parties understand their obligations from day one. Our focus on JCT, NEC, and bespoke contracts helps to minimise risk before it begins.

2. Dispute Resolution Services

From adjudication and mediation to expert witness reports, our team, led by Richard Barnes, is equipped to support clients throughout formal and informal dispute resolution processes. We act as impartial experts, bringing clarity to technical and commercial issues.

3. Delay and Quantum Analysis

Our forensic approach to delay analysis and valuation ensures that claims are backed by solid evidence. We help establish causation and assess entitlements fairly - critical in claims for extensions of time or loss and expense.

4. Project Monitoring and Risk Management

By identifying risks early and offering proactive advice, we help our clients avoid disputes altogether. Ongoing commercial and contractual support throughout a project can save thousands in potential claims.

The Veritas Approach

What sets us apart is our commitment to integrity, transparency, and detail. “Veritas” means truth—and that’s what we deliver. We take a collaborative approach, working closely with clients to understand their goals and provide tailored, practical solutions.

Whether you’re a contractor facing a late payment issue, or a developer concerned about a potential delay claim, Veritas Surveying Ltd stands ready to support and protect your interests.

Need Help with a Construction Dispute?

Contact Veritas Surveying Ltd today for expert advice and dispute resolution support. Let us help you get your project back on track - with clarity, professionalism, and confidence.

Don’t let your project become a well-known case study, speak to Veritas Surveying Ltd today for expert guidance and support in avoiding and resolving construction disputes.

The government plans for recruitment in construction

Thu, 20 Mar 2025 06:18:22 GMT

What national housebuilding means for construction

The UK Labour government, led by Prime Minister Keir Starmer, has set an ambitious target to build 1.5 million new homes over the next five years, averaging 300,000 homes annually. This initiative aims to address the ongoing housing crisis by increasing supply and improving affordability.

Key components of the plan:

Planning Reforms: the government intends to streamline the planning process by reinstating mandatory housing targets for local authorities and updating the National Planning Policy Framework. This includes hiring 300 new planners to expedite approvals and introducing "planning passports" to fast-track developments on brownfield sites.
Land Use Strategy: while prioritising brownfield development, the plan also involves releasing portions of lower-quality green belt land, referred to as the "grey belt," for housing projects. A golden rule has been established to ensure that at least 50% of new homes built on such land are designated as affordable housing.
Affordable Housing Focus: the government has pledged to deliver the largest expansion of social and affordable housing in a generation, aiming to build over 66,100 affordable homes each year, including at least 51,500 homes for social rent.
Collaboration with Developers: Labour has invited developers to work in partnership to achieve these housing goals, emphasising the need for collaboration between the public and private sectors.

But will the plans come to fruition?

The UK construction industry is facing a well-documented skills shortage, with demand for skilled workers consistently outpacing supply. In response, the UK government has outlined several initiatives aimed at boosting recruitment and training within the sector.

Addressing the Skills Gap

One of the key challenges for construction is an ageing workforce and a lack of new talent entering the industry. The government has recognised this issue and is working alongside industry leaders to:

Expand apprenticeship schemes to bring in fresh talent
Invest in T Level qualifications to provide young people with practical skills
Support upskilling and reskilling programmes for existing workers

Incentives for Employers

To encourage businesses to hire and train more workers, the government is offering financial incentives, including:

Apprenticeship Levy reforms to make funding more accessible
Increased investment in Skills Bootcamps for specialist training
New funding for green construction skills , supporting the push towards net-zero building practices

The Role of Immigration Policy

With labour shortages being a pressing issue, the government has also adjusted immigration policies, adding certain construction roles to the Shortage Occupation List . This change makes it easier for skilled workers from abroad to secure visas and work in the UK, helping to fill critical gaps.

What This Means for the Industry

For companies like Veritas Surveying Ltd , these initiatives present opportunities to bring in fresh talent and develop a more skilled workforce. By taking advantage of training programmes and funding opportunities, businesses can future-proof their workforce and help drive the industry forward. As the government continues to refine its strategy, staying informed and proactive will be key for construction firms looking to benefit from these recruitment plans.

Looking Ahead

The success of these initiatives will depend on collaboration between government, businesses, and education providers. As recruitment efforts ramp up, companies that invest in training and development will be best placed to thrive in the evolving construction landscape.

At Veritas Surveying Ltd , we remain committed to supporting industry growth and innovation.

How we can help:

Veritas Surveying Limited is a Manchester-based firm specialising in quantity surveying, construction dispute resolution, and expert witness services. Established in 2009, the company operates from its office at 9 Cromer Road, Sale, Cheshire, M33 3EN.

Grenfell Tower: A Tragedy That Changed the UK Forever

Mon, 17 Feb 2025 07:05:10 GMT

Parliament recently agreed to demolish the Grenfell Tower

On June 14, 2017, a fire broke out in the 24-storey residential tower in North Kensington, West London. It quickly spread, engulfing the building and leading to the deaths of 72 people. The tragedy exposed deep flaws in fire safety regulations, housing inequality, and government accountability issues that continue to resonate today.

What Happened?

The fire started in a fourth-floor flat, reportedly due to a faulty fridge-freezer. However, what should have been a small, contained fire rapidly turned into an uncontrollable blaze. The flames spread via the building’s aluminium composite cladding, which had been added during a refurbishment in 2016. This cladding, meant to improve insulation and aesthetics, turned out to be highly flammable, allowing the fire to race up the tower.

Why Did It Spread So Fast?

1. Flammable Cladding: The exterior panels contained polyethylene, a plastic that burns easily.

2. No Sprinklers: Grenfell Tower lacked a sprinkler system, which could have slowed the fire.

3. Stay-Put Policy: Residents were told to stay in their flats because the building was supposed to contain fires in individual units. This strategy failed disastrously.

4. Single Staircase: The only escape route was a single, narrow staircase, which became smoke-filled and impassable for many.

The Aftermath

The fire shocked the nation and sparked outrage. Survivors and victims’ families demanded justice, accountability, and change.

Key developments included:

Public Inquiry: The Grenfell Tower Inquiry, launched in 2017, revealed a series of safety failings and neglect by local authorities.

Unsafe Cladding Across the UK: Investigations found that hundreds of buildings had similar dangerous materials. The government promised to remove them, but progress has been slow.

Housing Inequality Spotlight: Grenfell highlighted the neglect of social housing tenants. Many had raised safety concerns years before the fire, but their warnings were ignored.

Criminal Investigations: Police have been investigating potential corporate manslaughter charges, but as of 2024, no one has been prosecuted.

The History of Grenfell Tower

Origins and Construction (1967 to 1974)
Grenfell Tower was a 24-storey residential building in North Kensington, West London. Originally built in the 1970s, it housed hundreds of residents, many from working-class and immigrant communities. For decades, it stood as a symbol of London's social housing policies, but its tragic fate in 2017 turned it into a lasting emblem of neglect and inequality.

Grenfell Tower was planned as part of the Lancaster West Estate, a post-war social housing project designed to address London’s acute housing shortages.

Designed in 1967 by Clifford Wearden & Associates, it followed the Brutalist architectural style, common in the era

Completed in 1974, the tower originally contained 120 flats, intended for low-income families.

The structure was made of reinforced concrete, with fire safety in mind and the design aimed to contain any fire within individual flats.

At the time, Grenfell was seen as a modern solution to London’s housing crisis, but over the decades, neglect and poor maintenance took their toll.

Decline and Neglect (1980s to 2000s)

By the 1980s, the image of council housing in the UK had changed. Many social housing estates, including Grenfell Tower, suffered from:

Underfunding: Cuts to local authority budgets meant less investment in maintenance.

Deteriorating Conditions: Issues like damp, faulty heating, and poor security were common.

Privatisation of Housing: The Right to Buy scheme (1980s) led to a shift away from public investment in council housing.

Lessons and Legacy

Grenfell became a symbol of systemic failure in fire safety and housing policy. The tragedy forced discussions on building regulations, corporate responsibility, and the treatment of low-income communities. However, many survivors and campaigners feel justice has not yet been served.

The phrase “Never Again” became a rallying cry but whether the UK has truly learned from Grenfell remains an open question.

Final Thoughts

Grenfell Tower was more than just a fire, it was a preventable disaster that exposed deep societal failures. Seven years later, the fight for justice continues. As we remember the 72 lives lost, we must keep pushing for real change to ensure such a tragedy never happens again.

In Manchester, and other towns and cities, tower blocks are often undergoing remedial work to replace unsafe cladding and improve fire safety. It’s a tragedy that it took 72 lost lives to address issues that have been flagged for decades.

Manchester gets its own East Village

Sun, 12 Jan 2025 18:44:46 GMT

Start spreading the word

The skyward rise of Manchester, where Veritas Surveying is based near, shows little sign of abating. Wherever there's a brownland gap, a lift shaft is seen emerging like daffodils in spring. The Beetham Tower on Deansgate began the upward rise almost 20 years ago and that now is dwarfed by glass monoliths at Deansgate Square, and on the banks of the river Irwell in Salford.

The very latest development is set for the area lying south of Great Ancoats Street, the busy ring road.

Here, on the edge of the Northern Quarter, One Port Street is nearing completion and if the new tenants and owners are delighted by being close to Urban Exchange, with a Pure Gym, Aldi, Go Outdoors and M and S Clearance Outlet, perhaps they need to enjoy this whilst they can.

Plans are in place to flatten this small retail park, and construct a mixed use development that will stretch past the Stocktons furniture store and add a Deansgate Square - Spinningfields panache to this hugely desirable part of town.

Across the road, there is the trendy neighbourhood of Ancoats with Cutting Room Square at its core, with New Islington Marina, a basin connecting the Rochdale and Ashton Canals, already established as a very desirable area to live.

East Village, as it is called, has lofty ambitions:

By 2030, it aims to become " a socially diverse neighbourhood at the heart of Piccadilly. It will display the best qualities of a liveable place, anchored by accessible green and open spaces co-located with business, commercial and residential space which will contribute equally to the areas’ vitality and identity.

It will be leading the process of redefining the wider East Village area as a unique and playful quarter of the city centre with which it will be effectively integrated. It will be known for having seta new standard in innovative and sustainable design and place making in the heart of the city."

With a Green Quarter, a Knowledge Quarter, a Gateway village in Miles Platting, the under construction Collyhurst Village, and the towers being formed near Strangeways, East Village won't raise any eyebrows. There's new towers going up close to the Mancunian Way and two perched near the iconic Beetham Tower, with one only a matter of feet from the Deansgate pub.

Close to the Sir Ralph Abercromby pub, Gary Neville's "Relentless" group, federated with Salboy, is seeing "The Residences" well under way.

With the demand for city centre living seemingly insatiable in Manchester, perhaps East Village is needed.

Developers, construction companies and investors may be rubbing their hands with glee at the thought of East Village, though there is a feeling, amongst native Mancunians and others, that "town" is becoming unaffordable as a place to rent or buy, with demand outstripping supply.

Manchester has also become a tourist destination in its own right - famed for its friendliness, diverse food and drink scene, its music, art galleries, cinemas and theatres, and night life - demand for hotel accommodation is outstripping supply too.

On Rochdale Road, just up from Shudehill, work has begun next to the historic Baptist Church - and this is purported to becoming a new Premier Inn.

Now with all this development, there will be inevitable issues.

At Veritas Surveying, we specialise in: Expert Witness Reports, Quantity Surveying and Construction Disputes.

East Village may provide much needed accommodation for the city of almost 1 million people, but if there's bumps along the construction road, Richard is happy to offer professional advice on East Village and indeed other developments across the UK.

Contact Richard at any time on: rbarnes@veritassurveying.co.uk

Sir Howard Bernstein 1953-2024: the driving force behind modern Manchester

Mon, 06 Jan 2025 19:56:08 GMT

A transformative pioneer

Sir Howard Bernstein, who died earlier this year, has been celebrated at the Bridgewater Hall for his life’s work and achievements for Manchester City Council. He is responsible for the transformation of the city, as we know it today. In the packed event, the great and good of Manchester gathered to give emotional tributes to this remarkable man. At Veritas Surveying, we also recognise his great contribution to the built environment and the changing face of Manchester.

Born in Cheetham Hill, he got his first job at the Town Hall as a pot washer, aged 17. He soon became a junior clerk and rose through the ranks and become Chief Executive of Manchester City Council from 1998 to 2017. He was responsible for setting development goals and encouraging investment in the city. Current Council Leader Bev Craig said that Sir Howard “served Manchester with remarkable distinction” and ‘leaves an incredible legacy in the transformation of the city.” Former Chancellor George Osborne described him as “the single most important, influential, public official, in any city, in any part of government, local or national over the past few decades.”

A driving force

By the 1990s Manchester was a city in post industrial decline. The city centre was largely deserted after 7 pm and many buildings were dilapidated or empty. Very few people actually lived in the city centre. Then there was the horrific IRA bombing in June 1996 which destroyed the heart of the city. However, after this devastating event, there was an opportunity to rebuild.

Sir Howard was determined to halt the decline of the city he loved. He was a driving force behind the changes, which continued throughout his leadership. He was responsible for the city centre’s resurgence after the bomb and was integral to its growing success. He knew that an excellent transport network was vital for economic growth and expanded the Metrolink tram system. He also put Manchester on the world stage when he was instrumental in bringing the Commonwealth Games to the city in 2002. Not an easy task. He was also proud of his work in the regeneration and rebuilding of Hulme: a district which had become synonymous with hard-to-let council flats and heroin by the 1980s. The Graphene Engineering Innovation Centre was another Bernstein triumph

A lifelong City fan

A lifelong football fan, Sir Howard was also honorary president of Manchester City Football Club, who also paid tribute to his “incredible life of public service.” The Etihad stadium and the redevelopment of east Manchester over the last 15 years would simply not have happened without him. City’s chairman Khaldoon Al Mubarak said “His vision and foresight to use sports-led regeneration to reinvigorate the city was unquestionably the catalyst which set Manchester on the path to becoming the successful city that it is today.” When he retired in 2017 Sir Howard said “Ever since I was a boy I knew I wanted to make a difference to the people of Manchester.” He has certainly achieved this. His optimism and civic pride was his superpower and he believed that “though it may rain, Manchester is always sunny if you know where to look.”

At Veritas Surveying Limited we are proud to provide a high quality service to our clients in Manchester and beyond. Whether you are construction solicitors, main contractors, subcontractors or employers, we can help you if you need specialist consultants in construction claims. We also offer construction expert witness services, project management and quantity surveying services. Stay ahead of the game and contact us today.

The Co-operative Society: an inspirational Manchester business

Wed, 20 Nov 2024 08:49:22 GMT

The recent budget

The new Labour government has promised the nation that they will make some big changes to improve life in the UK. In the recent Budget, Rachel Reeves raised the minimum wage, amongst other initiatives to help working people on low incomes. Making life better is also a concept at the heart of the Co-operative Society, one of the largest consumer retail co-operatives in the world, and it’s still based in Manchester.

Together Everyone Achieves More

No, it’s not just an empty acronym for TEAM, it’s a revolutionary concept that actually worked to alleviate poverty. It all started in 1844 when a group of 28 working class men formed a society known as the Rochdale Equitable Pioneers. Struggling to afford the high cost of living, they all paid £1 and started their own grocery shop in which food was sold at a fair price that workers on low wages could afford. By working together and pooling their resources they believed they could access goods at a lower price. They were right. The shop sold just four items at first: flour, oatmeal, sugar and butter.

Quickly word got around and the new store began to expand. It was an innovative concept as they all had a share in the way it was run and profits were ploughed back in to improve the business. Their group was founded upon the core values of changing society and making life better for working class people, which are still held sacred by the Co-operative Society today.

The Co-op: a Manchester institution

If you walk around the city centre in Manchester, near Victoria Station, the influence of this huge corporation is clear. There are various impressive, grade ll listed buildings, from different eras, all of which are connected to the Co-operative Society, showing their domination in the city. The CIS (Co-operative Insurance Society) Tower cannot be missed and was the first skyscraper in Manchester.

Built in 1962 by architects Tait and Hey it stands at 118 metres high and now boasts the largest commercial solar facade in Europe, following refurbishment. The renewable energy they generate saves the equivalent 100 tonnes of CO2 emissions. Read more about it in the blog ‘Is Manchester the new Manc-hattan?’ The Co-operative have moved on but there is a great bar and gig venue at the base of the building called New Century. From humble retail beginnings, the Co-op are now involved in banking, insurance and even education and live music. There are a chain of Co-op Academies and of course the enormous Co-op Live venue dominates the skyline in east Manchester, representing the latest vision of the Co-op.

One Angel Square

The Co-operative Society now have their head office in a stunning, contemporary building, One Angel Square which resembles a vast, gleaming glasshouse. It’s the largest office building in Manchester and has been built to withstand global warming. Boasting curves, instead of the usual sharp edges that you see everywhere else, this building provides a greatly enhanced working environment with its external winter gardens on several floors and natural light throughout. As you would expect from an ethical company like the Co-operative Society, it’s really sustainable and the structure makes use of natural resources like sunlight, maximising passive solar gain for heat and using natural ventilation through its double skin façade. Read more here on greening.com/en/Projects/one-angel-square-.

From ethical business practices to quality architecture, we make a natural step to Veritas Surveying Manchester. We are construction claims consultants with expertise in quantity surveying, JCT contracts, payment notices, pay less notices and construction adjudication.

At Veritas, we make the complex simple.

Are you being served? The rise and fall of the department store

Thu, 31 Oct 2024 14:10:42 GMT

‘Ground floor: perfumery, stationery and leather goods, wigs and haberdashery, kitchenware and food. Going up.’

Seventies sitcom ‘Are you being served?’ presented viewers with a familiar slice of life in a large department store, where everything you needed was sold. How times have changed. Now the department store, the crown jewel of many high streets across the UK, has disappeared. We are left with some impressive 20th century buildings, standing empty. Their future is now hotly debated. What next for the department store?

Luxury and service

Napoleon mockingly referred to the British as ‘a nation of shopkeepers’ yet the development of the department store changed shopping habits and created businesses which were the epitome of luxury and service. Fortnum and Mason, dates back to 1707, and is still trading. Their Vintage Champagne Hamper is yours for just £500.

Paris, Berlin, New York and all the major cities of the world featured flagship department stores from the mid 19th century onwards. These multi-storey buildings featured huge collections of goods on each floor, in elegant, refined surroundings with shop assistants, happy to share their expertise. The decline started in the twenty first century as people switched to online shopping and the pandemic finished off the department store for good.

Defunct

It started with BHS who went in 2016 and then they all toppled, one by one. In the category ‘Defunct stores of the United Kingdom’, the list is alarmingly long. The oldest department store chain was Debenhams, established in 1778 and liquidated in 2021, with a loss of 25,000 jobs. The Manchester branch was housed in the Art Deco style Rylands building, on the corner of Piccadilly Gardens. It stood empty and unloved after Debenhams left, as the cost of living crisis deepened.

A new life

Rylands Manchester will soon rise out of the ashes of Debenhams. The developers stated ‘The transformation of Rylands into a modern mixed use development will breathe new life into one of Manchester’s most iconic buildings, creating a space that will be both functional and visually stunning.’

However getting this project off the ground has not been easy with the owners of the grade two-listed building, German investor AM Alpha changing developers mid project. New developers DOMIS are set to bring the ambitious project to completion. Jeffrey Bell Architects promise ‘comprehensive refurbishment of the former department store’ and a new four-storey rooftop extension. The upper floors will be converted into workspace, while the ground floor will include a shopping arcade.

Urban Splash

A similar story has played out in Sheffield with the former John Lewis store being redeveloped. The developer Urban Splash will transform the building into a number of offices, shops and cafes. Closing department stores led to the loss of many jobs and an outpouring of nostalgia, yet it seems that a new life beckons. The old fashioned department store, like Grace Brothers in the tv sitcom, is now outdated, but these landmark buildings, in key city locations, have a bright future.

At Veritas Surveying Manchester, we are chartered quantity surveyors and construction dispute claims consultants.

Fade to Grey: a new solution to Britain’s housing shortage

Mon, 23 Sep 2024 08:35:34 GMT

1.5 million new homes promised

The new Labour government have pledged to deliver 1.5 million new homes over the next 5 years to tackle Britain’s acute housing shortage. They want to ‘Get Britain building again’ particularly on previously developed brownfield sites. Planning laws will be reformed to change the designation of certain types of land. Keir Starmer declared ‘We’ll get shovels in the ground, cranes in the sky and build the next generation of Labour new towns.’

Controversial

However not everyone is happy as part of these plans include a controversial decision to use some land designated as green belt. Green belt land, on the edges of UK towns and cities, is protected to prevent endless urban development. It covers about 13% of land in England. The phrase green belt conjures up images of England’s famous ‘green and pleasant land’ of woods, rolling hills and meadows full of wild flowers. Yet the reality is not always the rural idyll we might imagine.

The ‘grey belt’

The government have identified some areas of the green belt land as ‘poor quality and ugly’; for example car parks, wasteland and old petrol stations. Newly dubbed the ‘grey belt’, it will be up to individual councils to decide what will be designated as grey. Sam Stafford from the Home Builders Federation said “There just isn’t the land within major towns and cities to meet the housing need in its entirety.” Even if every single brownfield site in England were developed to its full capacity, the government would fail to meet its own target, so new ideas are needed.

Affordable housing

Labour state that grey belt developments must offer 50% affordable housing, significantly more than a previous brownfield target of 10%. It’s going to be a tough one as construction costs have soared due to inflation, so profit-driven private developers are even less willing to build affordable housing. Currently grey belt homes will be built by private developers, but some argue that the government needs to step in and invest in social housing. Keir Starmer has promised that his party will deliver the biggest increase in social and affordable housebuilding in a generation. When synth-pop band Visage released ‘Fade to grey’ in early 1980, nearly 1 in 3 UK households lived in social housing. This era is long gone. Could this be the return of much-needed council houses to the UK?

Divided opinions

Although everyone agrees that more houses are needed in the UK, opinions remain divided about the use of green belt land to build them on. In High Lane near Stockport, councillors objected to green belt development in the village, on the edge of the Peak District, due to a lack of basic infrastructure, such as roads and health facilities, to support the proposed 4000 new homes. However local businesses would welcome the extra trade and young people would welcome the opportunity to get on the housing ladder. So what’s the solution? Each council has a responsibility to carefully plan developments which incorporate nature and people in sensible and sustainable ways. The future is bright, the future is green, brown and grey! We look forward to a fresh start in housing under the new Labour government.

Veritas Surveying are chartered quantity surveyors and dispute claims consultants based in Manchester.

“Women in Construction” winds down

Mon, 19 Aug 2024 04:57:05 GMT

320,000 women work in construction in the UK

The number of women working in the construction industry has steadily increased year on year, with the actual statistic from June 2023, being that 15.8% in the sector are female. These roles range from management to surveying, civil engineering to bricklaying. It is still a male-dominated industry but with huge skills shortage, the 320,000 women who work in construction in the UK alone are easing this deficit.

It’s sad then to see that the organisation “Women in Construction” is actually closing.

The organisation was set up some 16 years ago to promote gender equality and has some impressive statistics to show its impact on the sector:

It doubled the number of female construction workers on the Olympic development in August 2008 in east London
It was involved in The Shard, Crossrail, Tideway, HS2
4,700 women were supported
3,000 underwent successful construction training
10 staff were employed in the organisation

Kath Moore, the MD of Women in Construction points out that Covid, the cost of living crisis, decreased grant funding and a recession in construction have seen its closure.

“Companies that are very supportive of the work we do – and keen to take on our women – are coming to us and saying ‘We are trying to hold on to our own staff at the moment.’ There was a stagnation in building with the previous government not supporting infrastructure projects or housebuilding, and that has really affected the companies we have worked with.”

The news has been greeted with sadness and shock with Jon Howlin of The Skills Centre stating:

“Kath Moore MBE and her team have made a tremendous impact on our industry, supporting thousands of women and helping to break down barriers in construction. Its closure is a significant loss, but it also reminds us of the importance of the work that still needs to be done. We now have to think about how we can build on what’s been achieved and ensure that the momentum isn’t lost. This is a time for all of us in the industry to come together, to keep pushing for diversity, and to make sure the progress we’ve seen continues.”

It is sad, given the need for skilled employees in the sector, and the progress made in the last decades. We read of one case study, Emma Evans, who applied for labouring jobs in 2001 with housebuilders, who told her they don’t employ women. Now 46, Emma works in construction and has these words:

"Women buy houses, they live in houses, so why not have women building those? We know what women want.”

But what about prejudice in the sector, a traditional male workplace?

There is less hostility in 2024 compared to 20 years ago and more.

Education providers, like Moulton College in Northants, have seen an upsurge in women on construction courses.

In Manchester, where Veritas Surveying are based, it is not unusual to see women on the many building sites across the city.

With a shortage of construction workers across the UK, it is good to see Moulton College (and Milton Keynes college reporting an upsurge in female bricklayers) encouraging women into this vast sector.

It is sad though to read of the demise of “Women in Construction”.

Crystal ball or calculator? The art of construction estimation

Thu, 25 Jul 2024 08:13:26 GMT

Have you ever estimated your holiday spending budget and actually hit it spot on?

Have you ever paid £17 for pick n mix sweets at the cinema because you just kept piling more into those gigantic cups? Making an estimate is a tricky business, especially in the construction industry. How can construction companies be sure that the money they ask for at the beginning of the project will be enough to see them through to the end? And don’t forget the profit margin must be included too. Accuracy is everything. The construction estimate directly impacts the profit margin for the company leading the build and is vital to the viability of their business.

The four steps of construction estimating

Firstly, the project manager or team must identify every task that needs to be completed and create a detailed work breakdown structure. The next job is to create a scope of work: an important construction document that establishes an agreement between property owners, contractors and subcontractors. Then, the materials, machinery and labour requirements for each project task on the scope of work must be estimated. After that, a material take off and a bill of quantities can be assembled. Put simply this is a list of materials with quantities and types, for example, specific grades of steel. The project manager is now ready to make the construction estimate.

The pre-construction phase

The purpose of construction estimating is to create a document that can be used when bidding for projects. Construction projects are complex and all costs, both direct and indirect, need to be considered. Of course the building must be planned and designed, the raw materials costed, permits, equipment hire and labour must all be assessed. These are all subject to a certain amount of variation, for example the price of steel and concrete has shot up in the last few years. Workforce costs will increase if the building work takes longer than expected. When things go wrong, it can lead to construction disputes and companies going into administration. No pressure then.

How HS2 got it so badly wrong

The failure of the HS2 is an example of how construction estimating can go badly wrong. In 2009, Labour PM Gordon Brown launched HS2 with a bold plan to connect London and the cities of the north of England with a high speed rail link. The estimate of £7 billion was made for the London to Birmingham leg of the project. In 2023, Rishi Sunak announced that the plans to extend HS2 beyond Birmingham would be abandoned, due to the spiralling costs of the project. Still unfinished, the cost of the London to Birmingham stretch is estimated to be between £45 to £54 billion.

HS2 boss Sir Richard Thompson told the BBC in January:

“The cost of delivery is more than the government budgeted, and that is before you begin to account for the extraordinary construction inflation over the last three years or so.” He added that “HS2’s costs had risen so much over the past decade because of poor cost estimating, changes to the project’s scope, some poor delivery and the impact of inflation.”

The art of construction estimation is certainly a highly skilled one. And there are some factors such as wars, a global pandemic and political instability that cannot be predicted accurately.

At Veritas Surveying Limited in Manchester we are construction claims consultants with expertise in quantity surveying, JCT contracts, payment notices, pay less notices and construction adjudication.

At Veritas, we make the complex simple.

Could plans to redevelop Old Trafford make Manchester the football city of Europe?

Tue, 02 Jul 2024 09:48:21 GMT

The Theatre of Dreams?

A massive regeneration project, based around the Old Trafford stadium, home of Manchester United F.C. is currently being planned by the club’s owners. The decision to either refurbish or completely rebuild the iconic ground will be made later this year. Manchester United co-owner Jim Ratcliffe said “the north-west of England has a greater concentration of football clubs than anywhere else in the world, yet we don’t have a stadium on the scale of Wembley, the Nou Camp or Bernabéu.”

A national stadium for the north

The football club announced that it has plans to become “a national stadium for the north.” Manchester Mayor Andy Burnham said the plans could be “the biggest regeneration scheme in the country” and that “thousands of jobs could be brought to Greater Manchester, with the stadium at the heart of it.”

Refurb or rebuild?

If Manchester United go for a refurbishment of the existing stadium, they will need to solve the major problem of where to play home games whilst the works are taking place. Barcelona fans have been attending home matches in the city’s vast Olympic stadium whilst work is carried out to upgrade and enlarge its ground Camp Nou, set to be the largest in Europe on it’s completion.

However, United have limited options in Manchester, since arch-rivals Manchester City’s ground, the Etihad, is not big enough, with a capacity of a mere 53 thousand compared to Old Trafford’s 74 thousand capacity, plus the red and blue tribes really don’t mix. Currently the second largest football stadium in the UK, after Wembley, and ranked 12th biggest in Europe, it’s come a long way since the club’s origins in 1878 when it was first formed as Newton Heath LYR by workers from the Lancashire and Yorkshire Railway.

If the club decide to rebuild, on land owned by them, next to the existing stadium, it might be the best option in order to deliver a state of the art, 21st century stadium that could make Manchester the football city of Europe, if not the world.

Building stadiums- what can go wrong?

In construction projects, failure to complete on time and budget overspend are the biggest problems. Stadiums are one-off, bespoke design projects that cost hundreds of millions of pounds and are notorious for going wildly over budget. Wembley Stadium, built by Australian firm Multiplex, opened several years late and cost £798 million in 2007, amidst much critical speculation.

Yet Wembley, with its soaring arch and partially retractable roof structures, is now considered a symbol of national pride. Its unique roof design allows sunlight and rainfall onto the pitch to aid growth, whilst protecting most spectators from the weather. The England team were forced to play international matches at club grounds around the country, yet it was a stadium worth waiting for and has the second largest capacity in Europe (after Barcelona).

Tottenham Hotspur’s £1.2 billion stadium in 2019 also exceeded its budget, but is an innovative and world first stadium, due to its retractable pitch. With over 60 food and drink outlets, the multi-use stadium can now host a variety of events: boxing, rugby and music concerts, creating recurring sources of revenue for the club, outside football. Could Old Trafford aspire to achieve world beating glory once more, with its new stadium plans?

If you need construction project advice, call us at Veritas Surveying Manchester.

We are proud to provide high quality, flexible and efficient service in construction disputes, construction claims and more.

Is Britain’s construction sector struggling with capacity ?

Tue, 28 May 2024 14:33:16 GMT

A new report has indicated that Britain’s construction sector is struggling with capacity and workforce issues, according to the Public Accounts Committee.

The report, titled “Delivering value from government investment in major projects” states the obstacles faced with major infrastructure projects.

The first is a skills shortage.

The report reads:

“Skills shortages in specific trades such as welding are already being seen but design and project management skills are also in short supply. Failure to build market capacity could result in higher prices for scarce skills. Too little of the right skills in government has led to an over-reliance on the supply chain, particularly in technical and engineering disciplines.”

The scarcity of project management skills is putting a strain on government departments, who lack the ability to be discerning when assessing project scopes and tenders.

The numbers are stark - 16,000 project professionals are needed to qualify on the government’s leadership programme - but, to date, only 1000 staff have qualified.

What impact is this having on major projects?

Firstly, increased construction costs are pinpointed. If there is such a marked shortfall of qualified and trained staff, it is perhaps inevitable that costs will rise.

Secondly, who is judging the value, effectiveness and efficiency of these colossal civil undertakings?

PAC chair Meg Hillier said:

“Such projects present unique and novel challenges which government must navigate if it is to secure value for public money. Without a robust market for essential skills in place, these are challenges the UK will fail to meet, as shortages push costs up in a globally competitive environment.”

This is not mere political posturing either as the chair’s words of warning are supported by BCIS Chief Economist David Crosthwaite and the head of policy and public affairs at the Association of Project Management, Andrew Baldwin.

David Crosthwaite judges the skills shortage:

“It’s questionable whether this approach represents value for public money. In the UK there is a litany of infrastructure projects that are delivered late and or over budget. Do we learn from the failures of the past? It appears not.”

So what are the major civil construction projects currently in motion in the UK?

We all love a list don’t we? Here’s the top 5 current construction projects in the UK, ranked in terms of “value” (or projected cost).

Sizewell C Nuclear Power Station due to start in October 24 with a value of £34,800,000,000.
The Tata Electric Vehicle Battery Factory, scheduled to start this month with a value of £4,000,000,000.
Thameside West Masterplan, a residential project already started in Victoria Dock with a £3,500,000,000 value.
The Houses of Parliament, which are sinking and in need of repair, is due to begin in September, with a £3,500,000,000 value. There are rumours that the House of Commons and MPs may need to move to a new venue too.
And fifth, in Manchester, is a major road resurfacing programme, scheduled to begin in November 2024, at a cost of £3,300,000,000.

These five are just the tip of the construction iceberg, so to speak, and our question to you readers of our blog and those connected with me on LinkedIn, is what can realistically be done to address these very real construction skills shortages?

We await your answers …

Whatever happened to Godley Green, Tameside?

Tue, 28 May 2024 14:28:17 GMT

Dreams of utopia in Tameside - whatever happened to Godley Green?

Can you imagine living close to nature, in a brand new home, powered by the latest in green technology and with excellent transport links to Manchester city centre? It sounds too good to be true. However, for the last seven years, town planners in Tameside, Greater Manchester, have been working on exactly this utopian dream. Godley Green Garden Village, it is proposed, will be an innovative development of over 2000 new homes near the towns of Hyde and Hattersley, with fast rail links to the city centre. This is not just another housing estate, we are promised that it “will be an exemplar 21st century Garden Village, capturing the best of local town and country whilst seamlessly integrating into its rural landscape”. This all sounds great, but where is it?

The Garden City Movement

Victorian urban planner and egalitarian thinker, Ebenezer Howard, created the Garden City Movement in 1898. He believed that people could live harmoniously in new communities that combined the best of both town and country living, without the negative aspects of either. Instead of living in overcrowded, polluted places in the city, there was an alternative. There would be gardens for every home and space to relax, when work was over. The Garden City Movement was born out of a desire to make life better and fairer for ordinary people and it was to change the face of town planning, not only in the UK, but globally.

Letchworth, the first Garden City, and Welwyn Garden City were huge, ambitious projects built in rural areas, near London. Crucial to the success of the projects were excellent rail links to the city which meant that the inhabitants could experience the benefits of clean air and nature but also easily reach jobs in the city. Similarly, the planners of Godley Green Garden Village, promise “a new sustainable garden settlement of beauty and great design that sensitively evolves around existing communities and landscape.” The two original garden cities were an instant success and remain very desirable places to live, with their attractive green spaces and well designed architecture. Even though Welwyn Garden City was built originally without a single pub!

The Green Belt Issue

Not everyone is enthusiastic about having a new building project on their doorstep, particularly on land that is a designated greenfield site. However, Tameside Council have identified that the existing brownfield land available, cannot meet its requirement for housing needs in the future. The Godley Green development, which actually includes large green spaces within the masterplan, is in line with Ebenezer Howard’s original principles. Manchester is experiencing a huge growth in jobs and population so new, quality homes are needed. Manchester is also home to Veritas Surveying Limited, construction quantity surveying experts in a range of sectors.

Green Light

Despite getting the green light for this planning application from the Secretary of State last November, work has still not begun. Tameside Council are still waiting for a developer partner from the private sector to step in. By April 2024, it’s difficult not to feel a sense of the vision fading. Councillor Gerald Cooney stated “plans for Godley Green will move ahead to provide much-needed homes for generations to come.This is a pioneering development right here in Tameside that has wide ranging benefits for the whole borough.”

Let’s hope he’s right.

Loss and Expense

Sun, 12 May 2024 09:24:48 GMT

Loss and Expense

It is generally accepted that there is no single definition of a loss and expense claim, but on a broad view, it could refer to any financial claim by a contractor, even if it just relates to a payment for a single variation. Loss and expense claims can also refer to a claim for unattributed costs rolled up and claimed against an Employer (or another upstream party) for one or more disrupting events. Such claims are usually referred to as total cost or global claims.

Contracts often provide an express right for loss and expense, for example, in the case of the JCT DB2016, a specific clause 4.16. The causes of the loss and expense need to be Relevant Matters; examples of which include Variations under Clause 4.17.1 or impediments, preventions or defaults by the Employer or Employer’s persons which are covered by Clause 4.17.4.

In accordance with the decision in Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 1773 (TCC) (11 July 2012) , the requirement for contractors to prove claims is to the standard of the ordinary civil test, i.e. whether the case has been proved on the balance of probabilities, they are not required to be demonstrated to say a criminal standard as it would appear to be case adopted by many employers and their agents.

Similarly, Walter Lily confirms at para 467 that Architects and Quantity Surveyors engaged by the Employer are not strangers to the project regarding the information that needs to be provided to them. Effectively, Walter Lily requires the Employer’s persons to assess matters in any event and not simply to deny claims for an alleged lack of information. After all is that not what the Employer paid it for?

Whilst there is no definitive list of recoverable heads of loss, the general principles are limited to a number of heads of claim:

a) Prolongation costs

b) Finance Charges

c) Loss of profits

d) General Disruption

Prolongation Costs

Prolongation costs are often considered to be onsite preliminaries and may include head office overheads in certain instances. These are usually unavoidable costs associated with the extension of the project period. In the case of Walter Lilly, it was accepted that a simple percentage uplift or formula-based method was sufficient for a contractor to claim both its overhead recovery and lost overheads (and profit).

Finance Charges

In respect to finance charges, a contractor who has borrowed money to fund a project and is delayed by an Employer is generally entitled to recover charges as loss and expense under the contract (FG Minter Limited v Welsh Health Organisation (1980)).

Loss of Profits

Loss of Profits – this is often tied in with a loss of overheads and can be calculated based on a simple percentage. It is generally accepted that a contractor can claim for loss of profit if it can show that it has turned down the opportunity to tender on a follow-up project. In the case of Walter Lilly, the court awarded the Contractor a substantial sum as it was able to provide a schedule of work that it had declined due to its ongoing commitments with the project.

General Disruption

General Disruption occurs when the Contractor incurs costs due to the ineffective use of plant and labour from its planned use. The general principle is that a Contractor should be entitled to additional payments when the Employer hampers the works. The obligation on a Contractor is to show on the balance of probabilities that the additional costs were incurred as a result of the Employer’s variation or prevention and not to matters such as inefficient working practices caused by other issues or simply a pricing error in its tender. A relevant example could be prelim thickening. That includes the provision of additional supervisors and labour due to issues onsite.

If you have any immediate questions regarding a loss and expense claim, payment notices, pay less notices or JCT Contracts, please contact us.

rbarnes@veritassurveying.co.uk | 0161 298 1003 | 07958 996375

Construction hit by recession in Britain’s winter of discontent

Fri, 23 Feb 2024 09:34:10 GMT

It's official

The UK is in recession and the Office for National Statistics have got the figures to prove it.

On the same day as fresh GDP figures showing that the economy had shrunk in 2023, the Office for National Statistics (ONS) also published data showing construction output decreased by 1.3% from October to December. Dubbed by Labour as ‘Rishi Sunak’s Recession’, the lack of growth in the economy is bad news for the construction sector. It also emerged that Japan has entered recession and some say that the USA is not far behind.

National Building Specification (NBS) CEO Russell Haworth said: “Today’s GDP figures will come as little surprise to the construction industry, where a challenging economic climate has been putting the brakes on work starting on-site for some time. Restrained private sector investment, a housing market slowdown, weak UK economic growth, and high interest rates have repeatedly knocked the sector, suppressing activity.” Negative growth across two consecutive quarters is fuelling fears that the recession will continue to deepen and a lack of new orders is taking its toll on the construction industry.

Going, going, gone

Have you noticed those building sites where work has started then completely stopped?There is usually a sign announcing the new project, which may get increasingly weather worn as time goes on, and no building appears. According to Jeremy Hunt, Chancellor of the Exchequer, “High inflation is the biggest barrier to growth” so in the current climate, conditions remain extremely tough for some in the sector.

Civil Engineering Contractors Association (CECA) Director of Operations Marie-Claude Hemming said: “Today’s figures show that cuts have consequences. In the year to November 2023, the highest number of construction firms fell into insolvency in a 12-month period since the Global Financial Crisis. This represents not just statistics in a spreadsheet, but people’s businesses and livelihoods. Failing to support the construction and infrastructure sector will always feed through to a decline in growth.”

More doom and gloom

If economic conditions weren’t enough of a problem, then there are other issues troubling the industry. Most notably, there is a shortage of skilled workers and some experts are warning that the sector needs to attract and retain top level talent. Highly trained workers returning to the EU, following Brexit, has caused a dip in the workforce and muddled training opportunities for young people has meant that “Construction needs over a quarter of a million extra workers by 2026” according to a report from the Construction Skills Network. More technical education pathways are needed in post-16 education to boost the numbers of young people entering the profession and avoid a serious skills shortage, which would hamper growth in the sector and the economy.

Not just men and mud

Last year, a new campaign was launched in the North West, with the snappy title: ‘Not just men and muddy boots’ which aimed to tackle skills shortages and an ageing workforce in the construction industry. Aimed squarely at young people, the campaign aims to entice new entrants into construction, including more women and more from ethnic minorities. History shows that recession is, eventually, followed by an upturn in the economy, so construction will rise again. Some experts in the Dark Arts of economic predictions, claim the UK is only suffering a mild recession and Chancellor Jeremy Hunt stated that “there are signs the British economy is turning a corner - forecasters agree that growth will strengthen over the next few years.” Well, he would say that wouldn’t he, as an election looms.

Downturn, slowdown or pause?

Whatever the experts want to call it, there are still many building projects going ahead or being completed in the UK and Veritas Surveying are experts in construction quantity surveying in a range of sectors including housing projects, retail and leisure and other areas within major construction projects. “Winter is coming” warned Ned Stark in ‘Game of Thrones’, but spring, a general election, and a newly resurgent construction industry, might be on the way too.

The thorny problem of achieving Practical Completion in construction

Mon, 12 Feb 2024 15:55:11 GMT

Are we there yet?

When is a new building finished and who decides? A common area of dispute between employers and contractors is agreeing when a building is completed, in order that retention money can finally be released. For a contractor to be awarded the Certificate of Practical Completion for a construction project, it would be sensible to assume that the building is fit for its intended purpose and the client can occupy the site. However there is no industry wide standard for this and no precise legal definition of the term. This can lead to disputes between contractors and employers which need to be sorted out professionally. There are inevitably going to be problems during construction which can delay achieving practical completion.

The importance of the Defects Liability Clause

A common problem is not completing building by the agreed date, so it is important to plan for this possibility. The Defects Liability Clause in a contract means that the contractor is able to access the site to complete any work, fix problems and defects in the building, usually within an agreed time scale of 6 months to two years. If there is no DLC clause, the employer may employ a third party company to do the final part of the job and charge the original contractor for this. The devil is in the detail, as they say.

Professional ‘Snaggers’

Snagging is a slang term which describes the process of checking building works before they finish and compiling a list of works to be done. It is a crucial process in construction that ensures that a new building meets the required quality standards and specifications. But what if the defects are hidden and therefore not apparent until the building is in use? This is another grey area, as anyone who has bought a brand new home and discovered ‘bodged’ work may have experienced. The standard of residential construction in the UK can be described as variable, and this has led to the rise of professional ‘snaggers’ who can identify and remedy defects, if the original contractors are unable or unwilling to do so. The Federation of master Builders (FMB) have been calling for a proper certification process for UK construction firms. Chief Executive Brian Berry stated ‘Unlike the gas and electrical trades, anyone can call themselves a builder. There’s a total absence of checks and balances.’

Unfinished buildings from history

One notorious, unfinished building is Antoni Gaudi’s masterpiece La Sagrada Familia in Barcelona, which was started in 1882 and still isn’t finished! Work on the Roman Catholic mega -cathedral was disrupted many times, including during the Spanish Civil War in the 1930s. But two World Wars and the death of Gaudi, didn’t stop the project. The cathedral’s towers- there are 18 of them- are expected to be completed by 2026 and Final Completion should be achieved by 2032, 150 years after it was begun. Another infamous example is the National Monument of Scotland on Calton Hill in Edinburgh. Intended as a recreation of the Parthenon in Greece to honour Scotsmen who died in the Napoleonic Wars, the building project was abandoned due to lack of funds in 1826 and only 12 classical columns were built, creating an eerie, unfinished monument, locally known as Scotland’s Shame. Economic factors are still the most common reason why buildings do not reach practical completion in the agreed timescale.

Get it sorted

A contractor who believes they have achieved practical completion but finds the certificate is being withheld unfairly, can refer the dispute to an adjudicator to decide the matter. Veritas Surveying Manchester provide a high quality and efficient service and are specialists in advising on construction disputes. Practical completion is also known as substantial completion, which is perhaps a more accurate term since it implies the project is mostly finished and the client can safely occupy the site, but there may be minor outstanding items to complete. From smaller scale projects in the tens of thousands to multi-million pound constructions, there are many issues affecting construction completion, but all the interested parties want to know ‘Are we there yet?

Is Manchester selling its soul?

Wed, 29 Nov 2023 12:00:26 GMT

Charter Street Ragged School and Working Girls Home was built in 1847 to improve the lives of the poor in Angel Meadow, an area of notorious deprivation at the time of Manchester’s rapid industrialisation.

Situated under a dark railway bridge, it represents the old Manchester. Currently closed and unloved, this building stands dwarfed by the monumental Co-Op building and several soaring towers under construction. The euphemistically named Meadowside development promises 750 homes plus commercial spaces, in a convenient location just north of the city centre. But is Manchester at risk of losing its rich, distinctive heritage due to this rapid construction boom, largely fuelled by overseas investors? Is it selling its soul?

What is driving the construction boom?

The population in the city centre has rocketed from about 600 in the 1990s to 60,000 today. It is projected to continue to rise to 100,000. The city has experienced a growth miracle. Just like in the industrial revolution of the 19th century, people are moving to Manchester for jobs. Though not in mills or factories, this time around people are likely to be taking up jobs in the booming tech or construction sectors. The increase in jobs across the UK as a whole rose by 21% in the first 2 decades of the 21st century but in Manchester, they increased by 49%. That means there is a massive need for new homes and commercial spaces across the city centre.

Old and new

Decades of decline have left many of Manchester’s old buildings in a state of disrepair yet it is this neglect that has saved them from the developer’s wrecking ball. Until now. Even buildings in so-called conservation areas are being threatened with demolition, such as Grade 2 listed Reedham House in King Street West. A campaign has been launched to try to save it. The much loved, historic pub Sir Ralph Abercromby in Bootle Street was also threatened with demolition until a public campaign forced the developer to rethink their plans. Ironically, it is now being restored by the same developer and will be an asset to the new occupants of the site, not a liability. Construction is a complex operation and firms such as Veritas Surveying Manchester, who ‘make the complex simple’ are specialists in Quantity Surveying and Construction Dispute Claims.

Manchester’s unique character

The Director of SAVE Britain’s Heritage, Henrietta Billings stated: ‘This lack of oversight for how tall buildings and demolitions are managed or understood cumulatively across the city poses a major threat to one of the key ingredients of Manchester’s successes-its unique and vibrant character told through its buildings and rich history.’

Manchester is changing fast and the danger is that growth will cause the destruction of old buildings which are considered ‘in the way’ of new development. Since 2018, 27 towers have been built and 20 more are currently under construction in the city, with 51 in the planning stages. Yet, some may argue that these new homes will be out of reach to ordinary people, and are being built, not to benefit society, but simply to profit shareholders.

Sustainable growth

Undeniably some buildings have been lost but Manchester City Council have presided over the regeneration of many historic buildings, for example in Ancoats, the Northern Quarter and in NOMA. Manchester City Council stated that these are ‘areas where the focus has been almost entirely on refurbishing our heritage buildings, while delivering massive change and tangible outcomes- new jobs and new homes.’ Victorian red brick buildings are synonymous with Manchester and the north west, yet there are stunning examples of mid-20th century Modernist architecture across the city, and these are ripe for sustainable refurbishment and new use. Charter Street Ragged School would make a fantastic boutique hotel, just minutes walk from Victoria Station. So recycle, reduce, re-use.

Balancing growth and heritage will enable Manchester to be a distinctive city of the future, incorporating both it’s rich history and essential, new development.

Is Manchester the new Manhattan?

Wed, 29 Nov 2023 11:51:31 GMT

Manchester’s skyline used to be drab and unremarkable, but now, viewed from the vantage point of Heaton Park, 3 miles away, it boasts a forest of skyscrapers, New York style, leading to the nickname ‘Manc-hattan’

The construction boom seems unstoppable and the number is increasing every year.

It began to transform rapidly in the early 21st century from a post industrial city in decline to a futuristic city of soaring glass towers. In the 1800s, Manchester’s skyline was distinctive for its chimneys and mills yet, as these manufacturing industries went into decline, they became redundant and many were demolished.

Things started to change with the CIS Tower in 1962, designed for the Co-operative Insurance Society. At 118 metres, it was the tallest building in the UK at the time. Built in the international style, it is now a Grade 2 listed building which has stood the test of time and is now revered by enthusiasts of modernist architecture.

Renovated in 2004 with integrated PV panels, it became a flagship of green energy and was the largest commercial solar facade in Europe.

Another first for Manchester!

Yet the optimism of the 1960’s faded away and there were few significant high rise developments through the 80’s and 90’s.

However in 2006, the 47 storey Beetham Tower (architects Simpson Haugh), signalled a new phase and it felt like a gold rush, as cranes and building sites became a permanent fixture of the city.

Coincidentally, we are involved with a Simpson Haugh project in Leeds too.

Fast forward to 2023 and Manchester is looking like a city of the future with 20 skyscrapers and many more to come. Deansgate Square South Tower is the highest at over 200 metres, yet another gargantuan tower: The Lighthouse, which will exceed this, is on the way. Manchester’s many brownfield sites, on sandstone, are ideal for high rise buildings. It’s no wonder that it has the largest number in the UK, outside London.

The population of the city centre has exploded from around 400 in the 80s, to over 60 thousand today, so there is a huge and growing demand for homes. Heaton Park could feel like Central Park in New York as the skyscrapers continue their relentless takeover of the city.

Unlike London, where there are restrictions based on historic views and sight lines which can’t be disrupted, planners in Manchester have fewer barriers, which has resulted in a remarkable era of construction and exciting times for companies such as Veritas Surveying Manchester.

Not that it’s all plain sailing though.

As in many construction projects there have been problems, for example with cladding, as no-one wants another Grenfell tragedy. In addition, there is a debate about whether Manchester’s towers negatively impact upon their surroundings. For example, the new towers proposed in the Shudehill area of the city would result in the destruction of some historic, Victorian buildings.

Is this a step too far?

Manchester should aspire to Manhattan, not just for its skyscrapers, but for its vibrant mix of both old and new buildings. Heritage groups, such as SAVE, believe that Manchester’s rich heritage is under threat by the sheer amount of tower applications going forward. Perhaps the laissez-faire approach to construction needs a rethink. Born in the industrial revolution, Manchester has a unique history and spirit which could be integrated within the newly, rising city which glitters at night with a thousand lights. It’s certainly an improvement on the dark, satanic mills though.

The role of the expert witness in construction

Mon, 09 Oct 2023 15:34:43 GMT

How Can a Construction Expert Witness Help Me?

When you're about to make a major purchase - buying a home, a new car, a new computer, a new smartphone - we bet you seek expert opinion, whether that's asking family, friends or colleagues. Or more likely, reviews online or YouTube shorts or videos. The sums involved in construction are usually much higher and expert opinion or expert witness are even more crucial.

Typically, a construction expert witness will examine the following (and perhaps more, as there are no identikit cases):

The actual building process
Finances
Contractual arrangements
Insurance
Local and national arrangements and restrictions
Licences
Accident and injury planning
Delays
Costs
Defects

This list is not intended to be exhaustive and all-encompassing.

By hiring a construction expert witness, all eventualities may be examined as you are hiring, by definition, an expert.

They have the knowledge, expertise and training to present a case to a court or other regulatory bodies. They are often employed to ensure a fair and just outcome, work we are often involved with at Veritas Surveying Ltd.

We have written before about the role of the construction expert witness here .

We quote too from a case of National Justice Compania Naviera SA -v- Prudential Assurance Company Ltd [1993] 2 Lloyd’s Rep 68 (‘The Ikarian Reefer’) (No.1).

According to Mr Justice Creswell, the duties of an expert include the following:

"Expert evidence should be the independent product of the expert uninfluenced as to form or content by the exigencies of litigation"
"An expert witness should provide independent assistance to the court by providing an objective, unbiased opinion in relation to matters within their expertise"
"An expert witness should never assume the role of an advocate"
"An expert should not omit to consider material facts which could detract from their concluded opinion"

Finding the right construction expert witness can be daunting and you should look for:

Qualifications
Review Testimony History
Communication Skills
Availability

Our recent work as a construction expert witness involves:

- An opinion on a claim for £1.5m in the TCC following the escape of water.

- A single joint expert appointment in the Birmingham TCC (County Court) to value works and defects at a domestic property. RICS DRS appointment.

- An opinion on the value associated with the remedial works following issues with two basements in the TCC. Claim value £600k.

If you have further questions about our suitability for this complex work, contact Richard Barnes today:

rbarnes@veritassurveying.co.uk | 0161 298 1003 | 07958 996375

I am also active on LinkedIn via this link .

Smash and Grab Adjudication - A quick dive into recent UK Caselaw

Tue, 12 Sep 2023 16:01:37 GMT

Smash and Grab Adjudication: A quick dive into recent UK Caselaw

Introduction

The construction industry is vital to the UK economy, but disputes can often lead to lengthy legal battles. One method used to resolve such disputes efficiently and swiftly is adjudication. It's probably the only game in town if the other party does not want to agree to matters on a sensible basis. The term "Smash and Grab" has gained prominence in recent years. This article swiftly explores the concept of Smash and Grab adjudication, its significance, and its evolution within the context of recent UK caselaw. Needless to say, Smash and Grab adjudication is here to stay.

Understanding Construction Adjudication

Construction adjudication is a statutory dispute resolution process established in the United Kingdom by the Housing Grants, Construction and Regeneration Act 1996 (the "Construction Act"). It provides a mechanism for parties involved in construction contracts to quickly resolve disputes without resorting to lengthy court proceedings.

Adjudication is often referred to as "pay now, argue later." This means that when a dispute arises, the adjudicator's decision is binding and must be adhered to, even if one party believes it to be incorrect or unfair. Subsequently, either party can seek a final resolution through litigation or arbitration, but subject to a limited number of exceptions, the adjudicator's decision must be enforced.

What Is Smash and Grab Construction Adjudication?

Smash and Grab construction adjudication is a term used to describe a specific type of adjudication related to payment disputes in construction contracts. It typically arises when the paying party (often the employer or main contractor) fails to issue a valid pay less notice in response to an interim payment application.

Under the Construction Act, when a contractor submits an application for payment, the paying party has a specific period to respond with a pay less notice if they disagree with the amount claimed. Failing to issue a valid pay less notice implies that the paying party must pay the full amount requested by the contractor. This scenario is where the term "Smash and Grab" originates.

In essence, Smash and Grab adjudications occur when a contractor asserts that the paying party has failed to issue a valid payment or pay less notice and therefore owes the full amount claimed. The adjudicator's role is to determine whether the payment or pay less notice was valid and, if not, to order the paying party to pay the full sum claimed by the contractor.

Significance of Smash and Grab Adjudications

Smash and Grab adjudications have become a crucial aspect of construction dispute resolution for several reasons:

• The essence of adjudication is to provide a quick and cost-effective means of dispute resolution. Smash and Grab adjudications align with this principle by ensuring that contractors receive timely payments, helping maintain cash flow on construction projects.

• The threat of Smash and Grab adjudication encourages paying parties to issue valid payment and pay less notices promptly. This ensures that disputes are resolved in a structured manner, promoting fairness and transparency in payment processes.

• By promptly addressing payment disputes, Smash and Grab adjudications can help prevent more significant disputes from arising in the future. This can lead to better working relationships between parties involved in construction projects.

Recent UK Caselaw on Smash and Grab Adjudications

Smash and Grab adjudication has evolved significantly through recent UK caselaw, with courts providing clarity on several crucial aspects of this dispute resolution mechanism.

Grove Developments Ltd v S&T (UK) Ltd [2018] EWCA Civ 2448

This landmark case shed light on the validity of payment and pay less notices in Smash and Grab adjudications. The Court of Appeal held that even if a paying party fails to issue a valid payment or pay less notice, they still have the right to challenge the sum in a subsequent adjudication or litigation.

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25

In this case, the Supreme Court clarified the relationship between adjudication and insolvency. It was ruled that even if a company enters into liquidation, it can still pursue a Smash and Grab adjudication for unpaid sums under the Construction Act. However, any disputed cross-claims must be resolved in the insolvency process.

M Davenport Builders Ltd v Greer & Anor [2019] EWHC 318 (TCC)

This was the first reported case since the Court of Appeal decision in Grove in which it was held that a payee can commence further adjudication to determine the true value of a contractor’s interim application.

The defendants appointed Davenport to carry out construction works and a dispute arose relating to the final account. There were two adjudications. The first “smash and grab” adjudication referred to the final payment application and, as a result of Greer’s failure to issue a payment notice or pay less notice, it was held that Davenport was entitled to £106,160.84. Greer then commenced a second adjudication in order to determine the true value of the works. In the second adjudication it was found that the gross value of the account was £847,500 and no sum was due to Davenport.

Following the decision in the “true value” adjudication, Davenport brought proceedings in the TCC to try and enforce the decision in the first adjudication. Greer, relying on the second decision by way of set off or counterclaim, claimed that they were under no obligation the pay the sums due. It was held by Stuart-Smith J that “it should now be taken as established that an employer who is subject to an immediate obligation to discharge the order of an adjudicator based upon the failure of the employer to serve either a Payment Notice or a Pay Less Notice must discharge that immediate obligation before he will be entitled to rely upon a subsequent decision in a true value adjudication”. Effectively Greer could not rely on the second adjudication before they had made the payment due in the first adjudication.

Despite this judgment clarifying the fact that a party must make payment before it can commence a true value adjudication, the judgment went on to say that the Court will not always “restrain the commencement or progress of a true value adjudication commenced before the employer has discharged his immediate obligation.” Stuart-Smith J did not set out circumstances where an employer may commence a second “true value” adjudication despite the fact that they have not met their obligations under an earlier adjudication. This clearly provided some uncertainty in the general adjudication arena.

Bexheat Ltd v Essex Services Group Ltd [2022] EWHC 936 (TCC) (19 April 2022)

Bexheat and Essex entered into a construction contract for the former to carry out works on a project. Bexheat would submit a Payment Notice stating the value of their work, to which Essex would respond either by either:

• paying the requested sum;

• or by submitting a Payless Notice indicating their intention to dispute the value of Bexheat’s work.

When disputes arose relating to the payments which were due to the Bexheat, two adjudications followed relating to the true value of the work carried out for the payment periods in July and August 2021.

In the first adjudication the adjudicator established that there were no issues with Essex’s Payless Notice and that ‘the difference between the parties valuations mainly result[ed] from differing valuations of the variations and BHL’s claims in the form of direct additional costs’. The decision saw that the ‘True Value’ to which Bexheat were entitled was a payment of £141,646.35 plus VAT alongside interest.

In the second adjudication, the true value of the work carried out by Bexheat was again disputed but on this occasion, Essex failed to submit a Pay Less Notice in time: missing the deadline by one day. Essex claimed that a document submitted on 13 October 2021 was equivalent to a Payless Notice but the Adjudicator disagreed and Essex was directed to pay the amount stated in Bexheat’s application for payment of £706,029.62 plus VAT as well as the adjudication fees and expenses. Essex failed to pay.

When Bexheat issued enforcement proceedings at the TCC, Essex argued that payment was not due because

• the ‘true value’ of the second Payment Notice had been determined in the first adjudication, meaning that the second adjudicator had no jurisdiction to determine the payment; and

• that they were contractually entitled to elect to have the ‘true value’ of the application payment in dispute determined.

Considering these issues in turn, the court found that ‘the…the subject of the First Adjudication was not the same or substantially the same as the dispute or difference in the Second Adjudication’. Therefore, the second adjudicator did have jurisdiction.

In addition, it was held that the First Adjudication was limited to the ‘true value’ of the works covered by the first Payment Notice, for the valuation period up to 31 July 2021. The second adjudication dealt with payment of works for the valuation period up to 31 August 2021, so the ‘True Value’ of the Payment Notice had not been determined and Essex were to pay the sum submitted by Bexheat.

Although it was held that a sub-contractor, such as Essex, could challenge the ‘true value’ of a sub-sub-contractor’s work, this must be done through a Payless Notice submitted by the appropriate date. However, the ‘entitlement to commence a ‘true value’ adjudication under section 108 is subjugated to the immediate payment obligation in Section 111’ of the Construction Act Bexheat were entitled to £724,827.88 plus interests and costs.

Henry Construction Projects Limited v Alu-Fix (UK) Limited [2023] EWHC 2010 (TCC)

In Henry, the Technology and Construction Court (TCC) dismissed a contractor’s application for summary judgment to enforce a ‘true value’ adjudication decision in its favour as that adjudication had been commenced before the contractor had discharged its immediate payment obligation to its subcontractor arising from an earlier dispute.

Conclusion

Smash and Grab construction adjudication has become an integral part of the UK construction industry's dispute resolution framework. Recent caselaw has clarified various aspects of this process, emphasizing the importance of proper procedures, jurisdiction, and the adjudicator's role in determining the true value of claims.

It is clear that Smash and Grab adjudications will remain a vital tool in ensuring fair and timely payments, maintaining cash flow, and fostering healthy relationships among construction project stakeholders, if you get the opportunity to pursue a smash and grab you should not look a gift horse in the mouth and seriously consider the right to claim any smash and grab.

If you have an entitlement, its clear the law is on your side. In response, we have launched a fixed fee smash and grab adjudication service with a no-win no-fee option.

I f you have any immediate questions regarding smash and grab adjudication, payment notices or pay less notices, please contact us or read our blog on payment notices.

Successfully Resolving Construction Disputes

richardtbarnes@hotmail.com (Richard Barnes) — Thu, 24 Aug 2023 13:50:59 GMT

Construction Disputes

Construction Disputes are time consuming, costly, can damage reputations and relationships.

There are things Employers, Contractors, Subcontractors can do to avoid disputes especially in the early stages. The eutopia is to avoid construction disputes entirely.

WHY DO CONSTRUCTION DISPUTES ARISE?

Disputes arise due to disagreements between parties. They often relate to breaches of standard form construction contracts, but that is not always the case.

Common causes of construction disputes include:

The failure to understand the conditions of the contract
Project delays / extensions of time / loss and expense
The failure to operate the contract
Poor quality claims and the records which are provided in support.
A dispute itself is not generally regarded as a breach of contract but may become one and even lead to a termination event. The most sensible way of managing a dispute is to avoid a dispute entirely by taking the relevant steps in the planning and implementation phases of a project.

REDUCE THE POSSIBILITY

To reduce the probability of an issue on construction projects, parties often need to put measures in place such as:

Carefully plan and programme the works, remember the old saying, measure twice cut once
Read and understand the contract
Avoid onerous terms
Ensure that programmes and timescales are realistic
Plan for delays and disruption
Record and monitor any delays as the works progress

CONSTRUCTION DISPUTE RESOLUTION OPTIONS

There are several alternative dispute resolution (ADR) options available to parties and contract drafters. The main forms available are:

Negotiation

This is easily the most common type of dispute resolution, carried out in many forms every day by just about everybody all around the world. It is where the parties themselves attempt to settle their differences informally and directly.

Mediation

Mediation is generally the next step on from negotiation. When parties cannot resolve their differences through direct negotiation, they will often involve a third party to help them in their negotiations - to try and mediate. The aim of the mediator is to bring about a resolution acceptable to both parties; a solution that they are able to live with. It is therefore arguable that mediation is not the recent phenomenon many believe it to be but a practice that has been occurring since time immemorial.

The mediator is the third-party, treating everyone fairly and encouraging constructive communication between the parties in order to achieve a realistic, workable agreement that represents a win/win outcome for both. Mediation is an informal, confidential process that is able to deal with a wide variety of issues. It explores the feelings of the parties and their underlying interests. Unlike litigation, it focuses on the future and is not concerned with establishing rights with reference to events in the past.

Mediation allows people to communicate. It explores parties’ feelings and it allows the parties to participate fully in the making of decisions about how to resolve the dispute.

It is private and non-binding, although the agreement reached by the parties can become a legally binding contract if required.

Adjudication

Adjudication is a legal process by which a neutral person (the Adjudicator) reviews the arguments, which may include legal arguments, presented to them by the parties. The adjudicator will reach a decision determining the rights and obligations of the parties.

The most common types of dispute referred to adjudication are those arising under construction contracts that fall within the detailed definition contained in the Housing Grants, Construction and Regeneration Act of 1996. The decision of an adjudicator is binding on the parties, at least until a further process is invoked; e.g., arbitration or litigation.

Arbitration

Arbitration is a process, subject to statutory controls, whereby formal disputes are determined by a private tribunal of the parties’ choosing. It is a legal way of resolving disputes outside the courts. The decision (‘award’) of the arbitrator is imposed on the parties and is legally binding on both sides. The arbitrator is either agreed by the parties or can be nominated by an agreed professional institution such as CIArb .

Arbitration is voluntary because the parties to a contract have agreed to an arbitration clause. Once they have so agreed, either party may insist on arbitration, and in that sense, it is mandatory. Arbitration is almost invariably binding in its effect.

Litigation

Litigation is where a litigant takes his case to the courts for a judge to make a decision – occurs in virtually every jurisdiction. That decision is based on the law and, in the UK, case-precedent. It is a very formal process and conducted in public.

The judgment will be binding on the parties, subject to rights of appeal. The outcome cannot be predicted with any certainty and can depend entirely upon an individual judge’s interpretation of a statute and the evidence presented. The decision will be based upon legal rights and obligations. Inevitably, litigation is expensive, not just in monetary terms but also in terms of time – cases can take many years to reach court – and the stress associated with legal action.

WHAT TO DO IF A CONSTRUCTION DISPUTE OCCURS?

There is a high probability that a party to construction contracts will encounter a dispute at some point.

Once an issue occurs it is usually best for the parties that the dispute is resolved quickly. If there are no records or poor records, it is often difficult to backtrack and retrospectively analyse why or how the particular issue has occurred, I say this as parties often have to progress the works while also dealing with the dispute and memories often quickly fade. An obvious advantage of resolving a dispute quickly is that efforts can be solely focused on project completion and making money if the dispute is resolved swiftly. I have found that to do this successfully, a party generally requires good records to demonstrate its case and the right advice to guide them through the process. I frequently remind clients that it is much easier to collect records as the works progress rather than to carry out retrospective analysis once things have turned sour. As an example: tracking progress and recording delays as at the time takes very little time when the works are progressing and things are fresh in the mind. Reviewing files, diaries and photographs retrospectively often takes hours or days even for the simplest of tasks. Clients that follow my advice seem to do very well, those that do not keep me busy and help to pay for the bills.

In the American civil war, a confederate army general who was described as a born military genius once said “Get there first with the most men,”. That became one of the most often quoted statements of the war. Shortly after this, the principles changed for military tactics with the introduction of the machine gun!

In construction, conditions are changing all the time, but the success of a claim always seems to come back to the party which has the best records.

Perhaps in construction, we need to aim to “Get there first with the best records”.

If you would like a free consultation to discuss how you can “Get there first with the best records” and increase your prospect of success in a dispute, extension of time request, or even to potentially avoid a dispute altogether in the early stages, please do get in touch.

rbarnes@veritassurveying.co.uk

0161 298 1003

Is Manchester undergoing just too much change to its cityscape?

Mon, 07 Aug 2023 14:55:50 GMT

Is Manchester undergoing just too much change to its cityscape?

A skyline unrecognisable from 30 years ago

It is a sought after tourist destination for sober and not-so-sober visitors.

It has a rich industrial heritage, a compact city centre (that you can walk across in 30 minutes), its own free city centre bus, a Gay Village, a booming tech scene and large universities straddling Oxford Road and the Mancunian Way. It is a city with an extensive tram network, fantastic shops and restaurants, is home to 220 languages and sees net inward migration of almost 60,000 people per year and the result is a race for space.

Time travel

If time travel were possible and you were to visit in the 1980s and 1990s, the change was not obvious then. The three landmarks that stood out on the skyline were the original CIS tower, once Europe’s tallest tower, Piccadilly Tower and the Arndale Centre monolith. All three remain, yet are dwarfed by new additions: 20 Stories, the towers of Salford Quays, the Beetham Tower and new developments springing up in Ancoats, New Islington, the Northern Quarter, Spinningfields and Castlefield.

Some people mourn the old Manchester, some argue its identity is being compromised but with booming universities straddling Oxford Road and the Mancunian Way (with many graduates choosing to remain here, after graduating), there is a need for more homes and construction companies are duly obliging.

Deansgate

Look at the Beetham Tower on the south end of Deansgate, for example. Stand next to it and tilt your head and see the four new residential and commercial skyscrapers keeping it company. Walk down Whitworth Street, from Oxford Road station, seeing the defunct arthouse cinema and pass the railway viaducts, packed with businesses. To your right are the new Hacienda apartments and to your left, on First Street, is the new successor to the Cornerhouse: HomeMcr and its clusters of businesses there.

The issue many face when seeing Manchester after a long absence is not confusion - the geography and layout of the city is instantly familiar, but the skyline and pace of change. Many feel that the new buildings are not appropriate for a Victorian industrial city centre, with its many canals, rivers and railways - but resisting change seems to be futile and wholly unnecessary.

Supply and demand

If people want to live in the city centre, where there is more demand than supply of new homes to rent or buy, then construction companies, planners and developers will duly oblige.

What we have to hope that is that the city centre doesn’t become unaffordable and people choose to leave it for more affordable areas and “town” becomes, in parts, like Canary Wharf.

There does seem though little chance of that and if people actively seek city centre living, construction companies will capitalise on that need.

The Metrolink

The Metrolink has been part of the change too, and a very welcome one. Its impact though has gone beyond ease of commuting and pushed property prices up when near a tram stop - like London areas with Tube links.

Towns left out of this transport loop feel left out and have seen decline with Bolton being an obvious place to name. Oldham, Rochdale, Bury, Altrincham, Sale, Eccles, Wythenshawe, Didsbury, Chorlton have seen spikes in property prices and construction projects as the tram tentacles stretch out from the city centre.

More parks and not just for Parklife?

There is a good argument though that Manchester lacks the green spaces and parks of other major conurbations - Heaton Park, near Prestwich, is vast but in the city, just four modest green spaces spring to mind - New Islington Marina, Depot Mayfield, Angel Meadow and Sackville Gardens. There are plans to build new urban spaces on Ancoats Green, on the edge of Miles Platting, as well as a park off Great Ancoats street where derelict land stands from its past as a small retail park.

Green spaces are vital for any city and its dwellers and, at Veritas Surveying, we do hope all come to fruition.

Finally, with a bright present and a brighter future, Manchester will no doubt see issues with construction - estimates, disputes and claims will arise.

How we can help

If you need an expert in this field, contact Richard Barnes today.

M&S Oxford St London

Sun, 23 Jul 2023 12:28:58 GMT

M&S Oxford Street London

Whilst sitting on the train en route to London, I noticed several articles on Michael Grove’s departments' decisions to block the demolition of the M&S flagship store. It's clearly a controversial matter, many are for it, and many are against it.

I did not think much more about it, arrived at Euston, looked at my watch thought that I was a little short on time to do my usual walk to Kensington. It's a great walk if you have time, and there are plenty of sites to see along the way. It's even lovely in the rain and beats the sweaty tube any day! (To be honest, I try to treat my days in London as a bit of a treat with some work along the way). Faced with my dilemma, I decided to try a Boris bike. I must admit the experience was a bike different to my usual whip, it's a BMX that's suited to a skate park, but in all fairness, the bike rode exceptionally well; the tires were full of air, it rode straight, ok you don't get a helmet, but I wasn't planning on ride a half pipe and it was less risky than a cheese and wine party at number 10 (not that I attended).

Slightly downhill through Marylebone, I passed Bond Street Station and arrived on Oxford St to pass Marks & Spencer with its 1920’s art deco facade. A significant contrast to the orange bricks next door, the traffic lights turned red and being a sensible cyclist, I stopped for the red light, looked around and took a quick photo (sorry, I am no David Bailey or Peter Coulson) as I am sure you will appreciate, it's a significant contrast and much like a BMX, I am sure those bricks were rad in the 80’s or early 90’s.

I then moved on to Hyde Park, trying to practice manuals whilst secretly waiting for the Voodoo Brass Band joggers to join me (sadly, they failed to find me). I then passed Hyde Park Corner, moving into Knightsbridge and South Kensington; when passing the Albert Hall and the National History Museum, it then dawned on me, what if they had knocked these magnificent buildings down? What would they have put back in their place? Concrete structures clad with the cheapest available product, glass curtain walled structures? Buildings of limited architectural value?

Now going back to M&S, it's a british retail stalwart. Unless you are upper middle class or upper class, it's likely that at least your nan or mum and dad would have brought underwear from it at one time and let us not forget we all used to buy the dine-in meal deal in times gone by. Much like the stores previously owned by Mr Selfridge or Mr Al-Fayed is it not right that we should preserve elements of these buildings for future generations to see and enjoy?

Having enjoyed my relaxed commute to Kensington and time to let my mind wander, it hit me, on balance, is the answer for M&S Oxford Street, not a scheme that incorporates the facade and a new carbon-friendly interior, perhaps even a vertical extension that contrasts the new and the old? I am sure a solution can be found with a bit of imagination. I would hate to think about what's been spent on legal fees on this matter, surely, we need a system that enables parties to consider each other's views and to find a win-win solution for all.

It seems tolerance, compromise and understanding could be the answer.

This also applies to my day-to-day work, whether it's project work, quantity surveying, expert witness work or construction disputes, the problem and, more importantly, solutions require tolerance, compromise and understanding.

It's important to remember we all have bad days and other things happening in life, and sometimes we can get things wrong, and sometimes things just go wrong (well, if you're a bit like me, pretend that's the case, life is much better if you do!). Yes, problems will occur; we need to find ways to overcome them and move on to the next thing (hopefully, things we enjoy).

Any way heading back to Euston, the experience on the bike was significantly different. The bearings were grinding, the wheel slightly buckled, the tires underinflated, and it was slightly uphill. The same product (ok, the first bike may have been maintained more recently, and the second had been damaged), but a different experience, it took an extra few minutes to get back to the station, and as a result, I was charged an extra £1.65 for my journey. Am I going to complain about it? Not really. Would it be good to have feedback on the issues with the bike to improve the experience for the next user? Yes (perhaps this could be done via the app, I don't know, I have not used it). Would I do it again? Definitely (but perhaps not in the rain).

As for the demolition of M&S, where will your nan get her knickers from? And do we really want to remove significant parts of our past?

As for my rambling, thank you for tolerating this and getting this far. If you have not tried a Boris bike, try it, but perhaps take a helmet, especially if you take it to the skate park!

High Court Success

Mon, 17 Jul 2023 20:19:08 GMT

Two successful adjudication decisions enforced in the High Court

Our valued client recently received confirmation that both of its construction adjudication enforcement applications had been granted judgement in the Technology and Construction Court (TCC) in Manchester.

Having successfully represented our client (a subcontractor) in two sets of adjudication proceedings following a main contractor's failure to pay monies to it. Our client was forced to refer matters to the Technology and Construction Court to enforce those decisions. Using the fast-track enforcement process provided by the TCC those matters have been resolved in weeks.

As the party representative in the two sets of adjudication proceedings, we were able to use the principles set out in Octoesse LLP v Trak Special Projects Ltd [2016] EWHC 3180 (TCC) (15 December 2016) to enable our client to recover the majority of our costs in the enforcement processes without the need to engage a solicitor, saving it both time and cost.

If you have a construction-related dispute , over the value of a payment notice, a pay less notice or something else, it pays to be proactive. Do not hesitate to contact us for an initial consultation.

It looks like our client's directors will be off to the beach shortly!

Is construction ready for the Building Safety Act?

Wed, 21 Jun 2023 08:41:17 GMT

In 2022, the new Building Safety Act obtained Royal Assent and its impact is dividing opinions across the construction industry.

Some have questioned the necessity of the legislation, like Emma Evans at Brabners:

“The current regime hasn’t been working effectively. What it [the government] is trying to do is tighten up every single person’s role, from design, conception, planning, building handover to occupation, and make sure the right questions are asked of the right people at the right times.”

At the core of the legislation are changes to the work of the Building Safety Regulator (BSR) whose duties include: “ to regulate and hold to account those participating in the design and construction of new buildings, and the refurbishment of existing buildings that are within scope of the new regime”. It promises firm action against those companies who “repeatedly offend, act irresponsibly, or whose actions could cause serious harm.”

Building inspectors - of whom there is a shortage of - are expected to regulate this with the government earmarking £42m to recruit, train and employ new ones.

Already though, some industry experts are predicting issues around:

Enforcement
Recruitment
Trading Standards
The “golden thread”

This last point needs looking at - as it formed part of Dame Judith Hackitt’s post-Grenfell report. It said that all high-rise residential towers should have a digital record or “golden thread” so the “original design intent is preserved and changes can be managed through a formal review process”. The BSR described it as a building’s “single source of truth”. It adds that this must be proportionate and dependent on what stage the building is at in its life. The thread (digital record) will show what changes were made and when and who completed these.

This golden thread dovetails well with the Building Safety Act, which regulates in the procuring, designing, and constructing high-rise buildings.

Additionally, this Act makes ground-breaking reforms to give residents and homeowners more rights, powers, and protections – so homes across the country are safer.

It delivers far-reaching protections for qualifying leaseholders from the costs associated with remediating historical building safety defects, and an ambitious toolkit of measures that will allow those responsible for building safety defects to be held to account.

It overhauls existing regulations, creating lasting change and makes clear how residential buildings should be constructed, maintained and made safe.

The Act creates three new bodies to provide effective oversight of the new regime: the Building Safety Regulator, the National Regulator of Construction Products and the New Homes Ombudsman.

Together these changes mean owners will manage their buildings better, and the home-building industry has the clear, proportionate framework it needs to deliver more, and better, high-quality homes.

Many of the detailed provisions in the Act will be implemented over the next two years through a programme of secondary legislation.

What are your thoughts on the Building Safety Act?

Follow our active LinkedIn page and connect with Richard Barnes on there to join the discussion.

Second staircase rule in London leads to delays

Mon, 19 Jun 2023 10:00:55 GMT

All new residential buildings in London over 30m tall will now need two staircases, the mayor’s office announced back in 10th February 2023, following an announcement by Michael Gove

All new residential buildings in London over 30m tall will now need two staircases, the mayor’s office announced back in 10th February 2023, following an announcement by Michael Gove. It applied to all new developments of 10 stories (30 metres plus) or more in London. Its impact is now having knock-on effects (I read over the weekend) with delays of nine months appearing to be the average.

Single-stair fire escapes came under the spotlight after the Grenfell Tower disaster in 2017, in which 72 people died, with 74 injured in the 24 storey block.

Last week, housebuilder Hill announced it had taken four major residential schemes back to the drawing board due to second staircase requirements.

There is no doubt that the structural change is welcome as Suzannah Nichol, chief executive of Build UK to Building:

“If you had the choice, would you choose to live at the top of a 30m block with just one staircase?”

The answer is probably no, of course.

It remains to be seen too whether a second lift rule will come into play in the near future, possibly adding to further delays in residential construction?

This second staircase provision has provoked both support and some criticism.

Simon Robins, architect at Make Architects states:

'Legislation makes a real difference to progress meaningful change and we’re strongly behind this mandate for dual stairs, particularly in tall residential buildings. Of course there are additional options developers could consider to further advance design and safety in this sector which shouldn’t be precluded just because of this mandate.'

But Mary-Anne Bowring, managing director at residential property group Ringley Group, said some developers would be ‘seething’ at the need to redesign schemes about to go into planning in spite of the importance of fire regulations.

‘Developers in the middle of the planning process will be seething at the prospect of going back to square one and the implications of that will be felt on the supply of new homes in the midst of a housing crisis.There is also a real risk that other fundamental safety measures like sprinkler systems, fire doors and equipment maintenance might take a back seat if the building of a second staircase means developers start taking their eye off the detail ball.'

Not only will there be delays but there are predictions that as many as 243 construction projects could be cancelled with the loss of 125,000 homes. Read more below.

https://www.housingtoday.co.uk/news/up-to-125000-planned-london-homes-face-major-delays-due-to-two-staircase-rule/5123159.article

What are your thoughts on the second staircase delays, potential for second lifts and even a debate on lowering the 30 metre threshold to 18 metres?

What are the most common types of construction disputes?

Sun, 04 Jun 2023 18:44:21 GMT

Some insights into construction disputes

Construction disputes as we all know well enough are disagreements. Disagreements usually between two parties involved in a contract. This commonality though dissipates when we try to classify construction disputes into a list.

But, at Veritas Surveying Ltd, we will try to distill them concisely.

Change of completion date or delays. Time is money in life and construction. A delay to completion can lead to higher project costs. This may be through having to pay labourers and staff more to complete the project. Equipment hire is expensive - and it may need to be extended even though it is not being fully used. Some of these costs are unrecoverable - and consequently dent profit margins and lead to contractual disputes.
Mistakes in design. This can lead to burdensome, additional costs. If design is delayed or contains errors, the construction costs can rise or the design mistakes can cause delays.
Differing objectives. Disputes can arise in complex projects with multiple personal involved.Often, incompatibility in goals and commitments can lead to disputes.
Material quality. Specifications may be too imprecise. The quality of materials or workmanship may cause disagreements.
Complex projects. Projects take longer than planned if there is insufficient accounting of possible risks associated with a project’s complexity.
Scope changes. This can be covert and scope creep can quickly eat into profit, if not watched out for

These are common areas that cause construction disputes and the skills needed to resolve each area involve:

Negotiation
Mediation
Arbitration
Litigation or adjudication
Small claims court orders
Expert determination

"How many a dispute could have been deflated into a single paragraph if the disputants had dared to define their terms" Aristotle

There are tried and tested ways of preventing or reducing disputes including:

Clear payment terms
Open and effective communication
Thorough record keeping
Adherence to contractual obligations

You should always aim to start with a good contract, by negotiating the best terms possible to suit your needs and make sure you understand what you are getting yourself into before you start a job. Then you should document everything — maintain detailed records concerning performance, communication and payment.

If you need expert advice on construction disputes, contact Richard today.

The Great Northern is undergoing transformation

Wed, 12 Apr 2023 08:45:37 GMT

A 5 year plan begins

When you venture down Deansgate from the cathedral end of Manchester, you'll see many instantly recognisable buildings - to your left will be the Victorian Barton Arcade with its ornate balustrades and glass roof and to the right, the department store Kendals, now House of Fraser.

Continue along and you will pass the newish area called Spinningfields, with The Ivy and 20 Stories at its core, the marvellous Neo-Gothic John Rylands Library, and the imposing Beetham Tower, perhaps the architectural hallmark of Manchester's resurgence.

There is, amongst other gems, another place earmarked for developed - the Great Northern on your left.

This Grade II listed warehouse occupies a large central six acre site and is set to be transformed from its current use as cinema, retail and hospitality by Trilogy Real Estate.

Transformed to what?

Work space and 750 apartments.

It is a mightily ambitious plan, starting this year and completing in 2028. A new HV station will be built. A new road will be created. 750 flats will be delivered across 34-, 27-, and 16-storey tower blocks where the Leisure Box is presently located.

The Victorian Warehouse itself will become office accommodation with the Odeon closing.

Robert Wolstenholme, Founder & CEO of Trilogy, said:

“A huge team has worked tirelessly and with huge passion for over 8 years to listen, design and refine to arrive at a proposed scheme we hope Manchester will proud of. There is much still to do and we will continue to work hard to bring to life what has been in our imaginations for so many years. We greatly look forward to continuing to build a community of the best of the north at the Great Northern.”

We've said this before at Veritas Surveying and will repeat it here. Manchester is an exciting, cutting edge city at the vanguard of commercial and residential development.

With 50,000 students and a growing population, there is a need for the city to constantly re-invent itself, whilst preserving its past.

Deansgate is an area that is constantly evolving - from the John Rylands Library which is only just over 100 years old, to the Beetham Tower, to 20 Stories and Spinningfields.

The Great Northern will form part of this present and Manchester's bright future.

Manchester city centre cannot cope with housing demands

Wed, 29 Mar 2023 09:29:53 GMT

50,000 new accommodation places needed

Whether you love or loathe city centres, there is no denying that living and working one is in huge demand. Manchester, our base, is no exception. It has grown exponentially in the past 30 years and living in or very close to the centre is no longer regarded as odd or eccentric. No it's in vogue.

It's not difficult to see why either.

Starting from east to west, north to south, the compass points of Manchester are in huge demand.

East Manchester has often been regarded as something of a project, to put it politely. The Metrolink's arrival - connecting Ashton, Droylsden and Clayton to the city centre changed that. Droylsden is seen as up and coming now, even though it lies 4 miles from the centre, but travel in by car or tram and you'll see more obvious examples of regeneration as you get closer to Piccadilly and New Islington.

First up is Sportcity. This area saw massive investment with the Commonwealth Games in 2002, the 53,000 capacity Etihad stadium in 2003 and the addition of the Metrolink connection in 2013. A heady combination of sporting infrastructure, sporting links and new homes on places like Stillwater Drive, just a 15 minute ride from the centre. Of course, Manchester City's Premier League dominance has helped the area too, along with galactic managers like Pep Guardiola and Erling Haaland. SportCity has transformed Bradford and Beswick and is an area that is still developing.

New Islington, Miles Platting and Ancoats lie closer still to the centre and Ancoats is regarded as the epicentre of urban coolness with high rental and purchase prices, with demand outstripping supply.

Ancoats was formerly a slum area, bisected by the Rochdale Canal and Oldham Road, with its boundary ending on the busy inner ring road, Great Ancoats Street. It's not a slum now. Anita Street (formerly Sanitary Street) is used for social media and film shoots, with its cobbled road, and uniform terraced homes commanding huge prices.

Cutting Room Square is the focal point of Ancoats, dripping in cool bars and restaurants, as well as it being the base for the Hallé Orchestra. It is, arguably, the most desirable part of the city centre, a stone's throw from the trendy urban quarter with apartment prices in the Royal Mill, abutting the canal, commanding high prices.

Miles Platting has seen massive investment too in "The Gateway" from Lovell Homes, where a 2 bed apartment commands a £300,000 asking price and a new build four bedroomed home, £550,000.

Cross the Rochdale canal from Ancoats or Miles Platting and you're in New Islington, a smart canal basin with impressive town houses, apartments that are built for renters and houseboats on what look like permanent moorings at the juncture of the Ashton and Rochdale canals. You also have the New Islington Metrolink next to the canal and Chips Building for easy access to everything Manchester has to offer.

Centrally, the Northern Quarter is seeing major conversions and new builds along Great Ancoats Street, Lever Street, Oldham and Newton Streets as well as Swan Street, near Mackie Mayor and Band on the Wall.

Slightly north of the centre lies the Green Quarters and Victoria Quarters, leading from Victoria Station in the gap, sort of, between Rochdale Road and Cheetham Hill Road. Like Ancoats, the Green Quarter or Angel Meadow, was a former slum area - the worst in Manchester and there are 40,000 paupers buried underground now in that area.

Looking at it now, you could not imagine the horrors felt by Marx and Engels. The new Co-operative building fronts the area and smart apartments, with names like Meadow Side, overlook Angel Meadow and the Victoria tracks.

To the centre and west of Manchester, there is the Uber-bourgeois area called "Spinningfields" with "The Ivy" and "20 Stories" characterising its wealth and the Beetham Tower on Deansgate, which we think is the most expensive place to rent or buy in the city centre. Castlefield is charming too, with its industrial heritage, Roman past and new apartments sitting cheek by jowl. Salford and the Quays are just across the Irwell - we will look at Salford's renaissance in a future post.

South Manchester has always been regarded as the place to live. Didsbury, Sale, Urmston, Stretford, Sale, Altrincham are all synonymous with expensive property but their links to Manchester via public transport are limited, as there is no Metrolink to many of the mentioned places, though Didsbury, Altrincham and Chorlton are covered.

So why is Manchester expanding, when so many other cities are experiencing outward migration?

It is still relatively affordable, compared with other cities. It has yet to reach London or Edinburgh prices.
It has excellent universities.
Manchester is tolerant and culturally diverse - over 220 languages are spoken here
It has great transport links via road, rail, tram or air.
It is close to great countryside - the Peak District of Cheshire, Derbyshire and Staffordshire is close to hand, as is the Lake District and Snowdonia.

When you consider what Manchester has to offer, it is not surprising that 50,000 places to live are needed.

Construction in Manchester has enjoyed a 30 year boom and it looks like that is set to continue.

What is an expert witness and why do you need one?

Sun, 05 Feb 2023 10:38:26 GMT

High stakes needs high expertise

In construction projects, the stakes are often high

There can be delays, cost disputes, defects, injuries and accidents, questions about compliance etc. If and when a construction project doesn't go to plan, both parties often turn to a construction expert witness, something we will look at closely in this latest blog post from Veritas Surveying Ltd.

A definition of Expert Witness

It's always good practice to actually offer a definition. A construction expert witness has understandings, insights and experience in the field. Via a series of reports, they submit information in a court to resolve any issues and conflicts. In construction, an expert witness needs intimate knowledge of the industry, as well as close understanding of legalese. They can create testimonies to support your construction dispute.

A fact witness is called upon only to verify facts relevant to the case. Expert witnesses, on the other hand, maybe asked to tell the court what their expertise leads them to believe in the case at hand.

The Expert Witness and Tribunals

Your appointed expert witness should be experienced in these 5 areas and more:

Litigation
Arbitration
Adjudication
Mediation
Expert determination

Moreover, they should be experts in:

Schedule of Works
Cost Overruns
Inaccurate Initial Quotations
Building Material Specifications
Buildings not aligning with the specification
Construction defects

“Scheduling is the biggest thing you can do to keep employees happy.”

Think of scheduling in terms of personnel and materials. If enough employees aren't engaged to complete a project, delays and disputes can occur. If, as during Covid, materials are difficult to acquire, disputes can occur. Also called a Bill of Quantities, a Schedules of Work can be used for a variety of different construction types, but there are commonly two main types: new work and maintenance work.

“You tell them - you tell them there's a cost.....Every decision we make in life, there's always a cost.” Brad Meltzer

Tied in with schedules of works is cost overruns. It remains one of the biggest areas of construction disputes and one where Expert Witnesses are crucial.

Cost disputes are often caused by:

Inaccurate Project Estimates
Serious Project Design Errors
Not Planning for Change Orders
Administration Errors
Poor Site Management
Not Hiring the Right Team

Inaccurate Estimates

If a construction project ends up costing more than you were originally expecting, it is likely that you will at least make less profit, or in some cases you may even lose money over a project.

An expert witness will know about inaccurate estimates.

To avoid disputes, you should aim to:

Be as detailed as possible
Clarify project risks
Understand product and materials price fluctuations - particularly true as inflation is so high at the moment
Compare and contrast Subcontractor quotes
Use estimating software

“Having the data is not the same as having the expertise to look through the data - if it were, everybody with a smartphone would be a doctor or a scientist.” Abhijit Naskar

How Veritas Surveying can help

We pride ourselves on providing a high quality, flexible and efficient service and an ability to give sound advice and direct solutions which is demonstrated by the frequency of repeat business secured with our existing client base which includes construction solicitors Manchester, Main Contractors, Specialist subcontractors and Employers.

Want to know more? Contact us today.

What obstacles would the Manchester Ship Canal face today?

Mon, 30 Jan 2023 14:46:27 GMT

A feat of 19th century engineering

The Manchester Ship Canal is the daddy of all canals

Begun in 1887 and opened in 1893, it was regarded at the time (and still is) as an incredible achievement. It cost £15 million to build and was hit by major obstacles throughout its construction and operation. Its 36 mile length connects the Irish Sea to Salford (Docks, now Quays) and it roughly follows the path of the river Mersey.

It was intended as a financial way of avoiding expensive dock fees at Liverpool by avoiding the Mersey and ploughing its own channel inland to Salford and Manchester with impressive depths of over 20 feet and incredibly wide expanses. You only have to look at other canals in Manchester to realise the ambitious size that was created.

Initial and present issues

Like any modern construction project though, it was affected by many factors:

It was constructed during a global recession
It ran at major losses for the first 19 years of its life - unable even to keep up with the interest on the capital loans
It raised only £8 million at its outset, meaning estimating of the eventual £15 million cost was inaccurate
Severe floods affected its progress
Equipment costs ballooned to £400,000
The route to Manchester meant installing five expensive locks
The company got into legal battles with the port of Liverpool and the railway companies who felt threatened
Longevity wasn't built in - today, despite it being the 9th largest canal in the world, it is too small for container ships
Positively though, it is the home to Salford Quays, Trafford Park and has nature reserves along its route
The water quality is poor, though oxygenation has led to some improvements

Had Richard been alive in 1893, he no doubt would have advised caution. He would be well aware of issues that will arise, like:

Delays
Defects
Codes and compliance
Contracts

and offered these views.

Construction estimates of the Manchester Ship Canal

The biggest problem though in 1893, when the canal actually opened, was its cost. It was budgeted at £8 million and almost ended up costing double this. A construction estimate today would look very different:

Direct costs - money spent on materials, labour and equipment for example - that £400,000 on buying equipment was a significant outlay.
Indirect costs - security, admin, legal fees, permits etc - legal costs mounted and were not factored in.
Labour costs - including taxes and potential overtime - navvies were paid the equivalent of £16 per day then, but there were 12,000 employed .
Subcontract costs - for materials, equipment and labour - the docks, for example, were a financial burden as was the creation of the Manchester Ship Canal Railway company for the canal's construction

We do hope you've enjoyed this little sail back into history

Manchester and Salford are fascinating places to explore our rich industrial heritages. If you have plans for your own construction project, not on the scale of the Manchester Ship Canal , do connect with Richard on LinkedIn and follow the company page too.

Expert reports should by their very name be self-explanatory.

Mon, 23 Jan 2023 08:10:35 GMT

We all know what an expert is?

We all know what an expert is - someone experienced, qualified and strongly immersed in a field; report is simply a verbal or written account outlining facts and reco mmendations.

In terms of expert reports in construction, it should be a clear and direct statement of facts and opinions. That's right - opinions. The statement should not hide from opinions, remain neutral or purely objective. If someone is asking and paying for an expert report in a construction dispute, for example, they expect opinions .

There are, of course, notes of caution - the author of an expert report should avoid absolutes, Words like "always" and "never" should be used only with caution. Any tribunal examination is leaving the expert wide open with accusations that there have been cases like this - so our advice at Veritas Surveying is to avoid absolutes.

Useful hints on expert reports

There are though some useful pointers we can give:

An expert report should be a concise statement of the facts and assumptions used by the Expert and his analysis followed by the Expert’s opinion. It must be compliant, legally
Facts and the Expert’s opinion should be clearly demarcated
The reader and hearing should be able to understand and to follow the reasoning leading to the conclusions reached in the Report.
A report should not contain unexplained jargon -if it does, a glossary may be advantageous
The Expert must include a summary of the instructions he has received in whatever form they have been given.
To avoid confusion, it is safer to give written instructions or, where the instructions are given verbally, to confirm them in writing

Format of expert report

There is no fixed format for a report, but as in anything, structure can help. You can find samples online , like this.

The HSE goes further in specifying format, including:

"All reports should begin with the expert's name, official address, occupation, relevant academic and professional qualifications, accreditations including membership of professional institutions, career history, relevant experience, the range and extent of his/her expertise and any limitations upon the expertise. Detailed CVs are increasingly being asked for and it may be preferable to provide this in an appendix."

Why do we need expert reports?

In construction, there are inevitably issues that will arise, like:

Delays
Defects
Codes and compliance
Contracts

Some of these disputes can be resolved through normal construction processes, via forms, documentation and collaboration - while others require and include a 3rd party, an expert report effectively.

How Veritas Surveying can help

Want to know more? Contact us today.

Why Construction Estimating is not like Woolworth’s pick n mix

Sun, 15 Jan 2023 09:32:06 GMT

Do you have fond memories of pick n mix?

I f you’re of a certain age, you’ll no doubt recall trips to Woolworth’s (which still survives in Australia I believe) and the Pick N Mix aisle. Here you could scoop your favourite sweets into a bag, which was weighed with you handing over 10p.

You had to estimate the weight knowing a quarter of a pound would cost so much and act in your budget.

Woolworth’s may be a nostalgic relic of the British high street, rubbing sh oulders with C&A (still alive in Europe), Blockbuster and BHS, but its spiritual successor is still alive in high street candy stores and cinemas.

Cinemas yes, where 250 grams of sweets and a drink and popcorn can suddenly make you financially liquidate!

So why this sweet analogy on Veritas Surveying Ltd?

Si mple and obvious we hope.

You should not as a construction contractor approach estimating in the same way as choosing more wine gums, or liquorice allsorts. A scoop, bag and budget are perhaps needed but in a much more strategic way.

If you’re asked to quote for a construction project, whether it’s for a 2 bedroomed double storey extension or a 15 storey residential tower, there should be some guiding principles which we outline below.

Now because the sums involved are much higher than even cinema pick n mix, there are paid professionals who can do construction estimating with you. They’re the ones who list what is needed, break down costs and factor in labour etc to make sure you’re competitive at the checkout and are not left rueing adding too many sweets to the bag, that you didn’t factor in.

Estimating

Estimating can sound very unscientific but in actual fact, it runs to the very core of whether a project is affordable and viable at the outset.

A construction estimate will try to list and predict the likely spending associated with a project. It has to look to the future too as the costs of raw materials in construction increase weekly, it seems, and there is an acute labour shortage in this industry sector and others.

An estimate assesses whether a project is affordable and is used to set a budget . These are often used to test design options to ensure they are in line with the budget.

What do initial estimates include?

First estimates might include: the costs of moving staff, fees, equipment purchase or hire, contracts that sit outside the main works and so on. Estimates are often appended by a list of assumptions too.

Contingency costs are usually included to cover risks that may arise with a project - increased material or labour costs, high domestic inflation etc - that is often set at 15% but lowered as time progresses and risks reduce.

What should be included in a construction estimate?

Direct costs - money spent on materials, labour and equipment for example
Indirect costs - security, admin, legal fees, permits etc
Labour costs - including taxes and potential overtime
Subcontract costs - for materials, equipment and labour

All of this is much more complex than picking up a scoop and choosing your favourite sweets.

You need a construction estimation specialist on your side to make sure your quote is competitive, your project is viable and you will see a good return on investment longer term.

If this sounds like something you need, contact Veritas Surveying Ltd today.

A guide to payment and pay less notices

Mon, 09 Jan 2023 10:00:42 GMT

In construction, cashflow is often a tightrope to walk

A definition of payment - notices and pay less

We all know what payment entails - we, as businesses and homeowners, have fixed or variable sums that are paid monthly or more regularly. You default on a PPC or mortgage and there are consequences. You travel along the M6 Toll Road and can't pay at the time - they give you a few days to settle and you get a payment notice to settle. You park illegally, you get a payment notice that is usually halved to pay less if you settle quickly.

So far, so good?

Payment notices and pay less notices in construction are similar but obviously involve greater sums than a toll road payment notice of £7.20

In the construction industry, payment terms are often controversial. As we said sums are large and the time is much longer than 20 minutes on the M6 Toll Road. Contractors and sub-contractors face risk when assessing project costs. Late or non-payments can quickly cause serious cashflow problems. Late, disputed or payment refusal can lead to business and project failure.

The Housing Grants, Construction and Regeneration Act 1996

The Housing Grants, Construction and Regeneration Act 1996 is intended to protect businesses, particularly with payments, and, we quote, it makes provision for:

The right to be paid in interim, periodic or stage payments.
The right to suspend (or part suspend) performance for non-payment and to claim costs and expenses incurred and extension of time resulting from the suspension.
Pay when certified clauses are not allowed, and the release of retention cannot be prevented by conditions within another contract.

There are other provisions too within this act - for example the client must issue a payment notice within five days of the date for due payment, even if no amount is due.

What is a pay less notice?

Hopefully this is self-explanatory. It means a previously raised and agreed invoice is going to be paid in part or full. The paying party effectively disagrees with the sum agreed, changing their mind often near the end of the payment cycle. This is frustrating for the service provider, who is expecting complete payment. Despite statutory law on payment in construction contracts being in place for 13 years, th is still causes disputes. Often, the only way forward is professional adjudication.

Construction Index offers a useful definition of Pay Less notices:

" A pay less notice is the opportunity for a paying party to change their mind on what has already been agreed on payment, altering the payment due to the payee near to the end of the payment cycle. It is as defined above already, a legal “payment notice” that sets out the “notified sum” for payment even if it is zero or negative. If it is validly served it is the sum due and can only be overt ur ned by an adjudicator, arbitrator or the court. It means your payment is being legally reduced and you potentially have a dispute. "

So what should you do with payment notices and pay less notices?

There are ten key steps in the process, with one arguably being the use of JCT Contracts, which we've blogged about here .

The Contract
Checking contract compliance
Getting paid
Recovery action
Suspension of work or performance
Mediation
Arbitration
Adjudication
Litigation
Facing insolvency

Each of these points will be looked at in future blog posts, and if you have any immediate questions regarding payment notices and pay less notices, contact Richard Barnes today.

Do I need a JCT Contract and what actually are they?

Fri, 06 Jan 2023 14:38:31 GMT

JCT Contracts explained in simple terms, hopefully

JCT Contracts (Joint Contracts Tribunal) are simply a standard for of contract used in construction of buildings.

Usually, they are between you, the client, and the main contractor, the builder or developer.

So far so good?

But a simple summary from us at Veritas Surveying Ltd does not cover all aspects of JCT contracts and encompass where they are needed so let’s expand.

There are three main types of JCT contract - for smaller projects:

JCT Homeowners Contract
JCT Minor Works Contract
JCT Intermediate Contract

These may cover smaller construction projects like a simple commercial project or a home extension or a full new build with a value up to £250,000. Which one you choose is largely down to the scale of the project.

But head beyond these into larger multi-million projects and JCT contracts change

You may opt for an Intermediate Building Contract, covering works of medium complexity with a contract sum of up to £1 million.
A Major Works Building Contract typically has a contract sum of over £10 million and would be adopted in larger commercial and residential construction work.
A Standard JCT Building contract has a typical contract sum from £1 million to £10 million and is often highly complex.

Common features of JCT Contracts

They do though retain many common features with the three aforementioned contracts and should include:

Articles of Agreement
Contract Particulars
Conditions of Contract
Schedules

Each of these four primary sections will then name contain the usual subsections of definition, control and carrying out of works, payment schedules, insurance, injury, damage as well as warranties, assignment, third party rights and termination with settlement of disputes.

Definitions to one side, do you need a JCT contract?

The answer of course is usually yes.

By not putting a JCT contract in place, you are opening yourself up to risk. A similar scenario is choosing not to have contents insurance at home and finding a burglary leaves you out of possessions and out of pocket.

We recommend that you put in place a JCT contract. You don’t have to and your decision may hinge on the relative complexity and cost of the construction. They first appeared in 1931 and are useful for protecting the client and contractor in writing in case of delays, disputes or unexpected price hikes. Common law supports many of the clauses of a JCT contract.

How we can help

We are a niche small private quantity surveying practice, specialising in construction disputes, claims, cost management and expert reports. We also help to run live projects and are fully aware of risks based on our works with others. Everyone on our team has the relevant professional qualifications and experience required to give you the very best service and advice to enable you to maximise your position.

If you need an expert Quantity Surveyor in Manchester or beyond, we would be delighted to talk to you.

Contact us today.

What is an expert report and what should you include?

Tue, 03 Jan 2023 13:12:15 GMT

A guide to expert reports

Expert reports should by their very name be self-explanatory.

We all know what an expert is - someone experienced, qualified and strongly immersed in a field; report is simply a verbal or written account outlining facts and recommendations.

Useful hints

There are though some useful pointers we can give:

An expert report should be a concise statement of the facts and assumptions used by the Expert and his analysis followed by the Expert’s opinion. It must be compliant, legally
Facts and the Expert’s opinion should be clearly demarcated
The reader and hearing should be able to understand and to follow the reasoning leading to the conclusions reached in the Report.
A report should not contain unexplained jargon -if it does, a glossary may be advantageous
T he Expert must include a summary of the instructions he has received in whatever form they have been given.
To avoid confusion, i t is safer to give written instructions or, where the instructions are given verbally, to confirm them in wr iting

Format of expert report

There is no fixed format for a report, but as in anything, structure can help. You can find samples online , like this.

The HSE goes further in specifying format, including:

" All reports should begin with the expert's name, official address, occupation, relevant academic and professional qualifications, accreditations including membership of professional institutions, career history, relevant experience, the range and extent of his/her expertise and any limitations upon the expertise. Detailed CVs are increasingly being asked for and it may be preferable to provide this in an appendix. "

Why we need expert reports?

In construction, there are inevitably issues that will arise, like:

Delays
Defects
Codes and compliance
Contracts

Some of these disputes can be resolved through normal construction processes, via forms, documentation and collaboration - while others require and include a 3rd party , an expert report effectively.

How Veritas Surveying can help

Want to know more?

The rise and rise of the Quantum Expert in disputes

Tue, 27 Dec 2022 10:44:32 GMT

The Quantum Expert - not just for Physics

What is a Quantum Expert?

By visiting Veritas Surveying Ltd, you can presumably already define Quantum Expert. We certainly can:

"Quantum experts are key in developing soundly reasoned and evidenced reports that can be essential in delivering the desired financial outcome to a dispute or hearing."

What it means in practice too is fairly easy to state - a quantum expert gives impartial advice to a court or tribunal of the value of claims.

Let's take a rudimentary example, simply for illustrative purposes, ie, this is made up not a real case we've encountered.

A 30 storey residential tower apartment building is under construction in Manchester city centre. The owner and general contractor established a contract with a guaranteed maximum price of £100 million and planned for a two year construction schedule. The contractors set up the subcontractors and started the foundation building work with few problems. However, cost increases and supply chain issues impacted the project, including major price increases in structural steel and delays to steel delivery. Other material costs increased and these continued in the internal fit, with appliances soaring in price and their supply severely curtailed. Costs increased by 30% and the project was completed after three years, not two, at a higher cost.

Where would a Quantum Expert stand on this?

Firstly, a Quantum Expert would study the data and circumstances closely, taking into account the issues faced by the owner and contractor. Each particular case would be considered carefully. Facts and opinions are usually demarcated and cross referencing will take place. Construction disputes are generally complex and can contain a lot of emotion and the role of the Quantum Expert and their report is to present an objective report. Any Quantum Expert report needs to be easy to follow and understand, given that it may be used in a tribunal or court.

What makes a good Quantum Expert testimony?

As for most things in life, organisation and preparation are key factors.. Knowing your own report intimately as well as the other expert’s report is crucial. When you are challenged as a Quantum Expert, as inevitably you will, you need to be able to point to areas that address these questions.

In summary

Delays within construction projects can occur for many reasons, often causing great financial losses and disrupting whole time schedules. It is the job of somebody working as a Quantum Expert to understand and analyse the financial repercussions of these delays. The delays can occur due to labouring issues, soaring material costs, disrupted financing for the project, severe weather issues or other obstacles. Moreover, a delay itself can cause increased expenditure and hasten the need for arbitration.

If you need Quantum Expert advice, please do get in touch .

Pay Less Notice

richardtbarnes@hotmail.com (Richard Barnes) — Wed, 21 Dec 2022 10:58:15 GMT

Pay Less Notice

Pay less notice is a term that is used in construction contracts to refer to a notice that is given by an employer or main contractor to a subcontractor or supplier when the employer or main contractor believes that they are entitled to pay less than the amount set out in the contract.

In a construction contract, the pay less notice may be used when the employer or main contractor believes that the subcontractor or supplier has not performed their obligations under the contract, or when the employer or main contractor has incurred additional costs as a result of the subcontractor or supplier's failure to perform their obligations. The pay less notice typically sets out the reasons for the employer or main contractor's belief that they are entitled to pay less, and may include details of any defects in the work, any additional costs incurred, or any other relevant information.

The subcontractor or supplier has the right to challenge the pay less notice and to seek to have the full amount of payment due under the contract released. If the parties are unable to resolve the dispute through negotiation, they may need to resort to formal dispute resolution procedures, such as mediation or adjudication. If the parties are unable to resolve the dispute through these means, they may need to go to court to have the matter resolved.

If you need help with a pay less notice, please do get in touch.

Which JCT Contract

richardtbarnes@hotmail.com (Richard Barnes) — Wed, 21 Dec 2022 10:42:44 GMT

Which JCT Contract?

There are several different types of Joint Contracts Tribunal (JCT) contracts available, each of which is suitable for different types of construction projects. It is important to choose the right JCT contract for your project in order to ensure that you have a clear and agreed framework for your relationship with the other parties involved.

Here is a brief overview of the main types of JCT contracts:

JCT Design and Build Contract:

This contract is used when the contractor is responsible for both the design and construction of the project. It is suitable for projects where the employer does not have a detailed design specification and wants the contractor to provide both the design and construction services.

JCT Intermediate Contract:

This contract is suitable for projects where the design is provided by the employer or an architect, but the contractor is responsible for the construction. It is often used for projects where the employer has a detailed design specification and wants the contractor to focus on the construction phase.

JCT Minor Works Contract:

This contract is suitable for smaller projects, such as repairs, renovations, or maintenance work. It is a simpler contract that is suitable for projects where the scope of work is relatively straightforward.

JCT Prime Cost Contract:

This contract is used when the employer provides a budget for the project, and the contractor is responsible for the design and construction within that budget. It is suitable for projects where the employer wants to have more control over the budget and the design of the project.

In order to choose the right JCT contract for your project, it is important to consider the scope of the works, the parties involved, and the needs and requirements of the project. It may be helpful to seek legal or professional advice to ensure that you choose the contract that is most suitable for your project.

If you need help deciding on the appropriate JCT contract for your next project, please do get in touch.

JCT Contracts

richardtbarnes@hotmail.com (Richard Barnes) — Wed, 14 Dec 2022 10:36:33 GMT

JCT Contracts

JCT contracts (Joint Contracts Tribunal contracts) are standard form contracts that are widely used in the construction industry in the United Kingdom. They are designed to provide a balanced and fair framework for the relationship between contractors, subcontractors, and employers, and to set out the rights and obligations of the parties in relation to the construction of a project. This guide will provide an overview of the key features and provisions of JCT contracts and some of the considerations for parties using these contracts.

Types of JCT contracts

There are several different types of JCT contracts, each of which is suitable for different types of construction projects. The main types of JCT contracts are:

JCT Design and Build Contract: This contract is used when the contractor is responsible for both the design and construction of the project.
JCT Intermediate Contract: This contract is suitable for projects where the design is provided by the employer or an architect, but the contractor is responsible for the construction.
JCT Minor Works Contract: This contract is suitable for smaller projects, such as repairs, renovations, or maintenance work.
JCT Prime Cost Contract: This contract is used when the employer provides a budget for the project, and the contractor is responsible for the design and construction within that budget.

Key provisions of JCT contracts

JCT contracts typically include provisions covering a wide range of issues, including:

The scope of the works: The contract sets out the scope of the works that the contractor is required to carry out, including any drawings, specifications, or other documents that are provided by the employer or the architect.
Payment: The contract sets out the terms for payment, including the payment schedule, any retention monies that may be withheld, and the procedures for making claims for additional payment.
Changes to the works: The contract sets out the procedures for making changes to the scope of the works, including any changes to the drawings or specifications.
Delay and disruption: The contract sets out the parties' rights and obligations in the event of delay or disruption to the works, including any entitlement to additional payment.
Defects: The contract sets out the parties' rights and obligations in relation to defects in the works, including the contractor's obligation to rectify any defects and the employer's right to make a claim for damages.
Termination: The contract sets out the circumstances in which the contract can be terminated, including any rights to terminate for default or breach.

Advantages of using JCT contracts

There are several advantages to using JCT contracts:

Widely recognized and accepted: JCT contracts are widely recognized and accepted in the construction industry, and are commonly used by contractors, subcontractors, and employers. This can help to ensure that the parties have a clear and agreed framework for their relationship.
Balances the interests of the parties: JCT contracts are designed to provide a balanced and fair framework for the relationship between the parties, and to set out the rights and obligations of the parties in a clear and concise manner. This can help to reduce the risk of disputes and ensure that the project is completed smoothly.
Easy to use: JCT contracts are designed to be easy to use, with clear and concise language and a well-structured format. This can make it easier for the parties to understand their rights and obligations and to navigate any disputes that may arise.
Provides a range of options: JCT contracts offer a range of options to suit different types of projects and the needs of the parties. This means that parties can choose the contract that is most suitable for their project and their needs.

If you need help deciding on the appropriate JCT contract for your next project check out our blog post or please do get in touch.

Frequently Asked Questions

What is a JCT Contract?

A JCT contract, or Joint Contracts Tribunal contract, is a standard form of construction contract commonly used ifor building and construction projects. These contracts are published by the Joint Contracts Tribunal, which is a collaborative organisation involving various professional institutions in the construction industry.

JCT contracts outline the terms, conditions, and responsibilities of all parties involved in a construction project, including the client (the employer), the main contractor, subcontractors, and consultants. These contracts help to establish clear guidelines for the project's execution, mitigate risks, and provide a framework for resolving disputes (sadly not all projects go to plan!).

What are the disadvantages of JCT Contracts?

Joint Contracts Tribunal (JCT) contracts are widely used on construction projects, and they come with several advantages, such as clarity, standardisation, and risk allocation. However, like any contractual arrangement, JCT contracts also have disadvantages that parties involved should consider.

Some of the key disadvantages of JCT contracts in construction projects.

Complexity and Length: JCT contracts can be lengthy and contain complex legal language. This complexity can make it challenging for some parties, especially smaller contractors or clients without legal expertise, to fully understand the contract terms and implications. Misinterpretations or misunderstandings can lead to disputes and delays.
Limited Flexibility: JCT contracts are standardised, which means they may not be easily adaptable to unique project requirements or changes in circumstances. Customising the contract to suit specific project needs can be complicated and time-consuming, potentially delaying the project's start.
Cost: Drafting, negotiating, and administering a JCT contract can be costly. Parties often need legal advisors, claims consultants or contract administrators to ensure compliance and handle disputes. The expenses associated with legal support and administration can add to the overall project cost.
Risk Allocation: While JCT contracts aim to allocate risks fairly among parties, some may argue that they can be skewed towards the Employer or main contractor, depending on the specific contract type and amendments. Parties with less bargaining power may find it challenging to negotiate more favourable terms.
Dispute Resolution: While JCT contracts include mechanisms for dispute resolution, such as adjudication, arbitration, or mediation, engaging in these processes can be time-consuming and costly. Disputes can disrupt project progress and lead to additional expense and delay to the project.
Change and Variations: Handling change and variations under JCT contracts can be burdensome (loss and expense is even worse!). The process for requesting, approving, and pricing variations can result in delays and additional costs. Employers are often dissatisfied with the additional expenses that can accumulate over the course of a project.
Lack of Focus on Project Outcomes: Critics argue that JCT contracts can place too much emphasis on the construction process and procedures rather than the project's ultimate goals and outcomes. The focus on compliance with contract terms may hinder innovation and flexibility in achieving project objectives.
Inefficiencies in Design-Build Contracts: In JCT Design and Build contracts, the contractor assumes both design and construction responsibilities, inefficiencies can arise if the design process is not well-coordinated. Delays or errors in design can impact construction timelines and costs.
Complex Payment Mechanisms: JCT contracts often involve intricate payment mechanisms, including interim valuations, stage payments, and final accounts. Managing these processes can be time-consuming and require a high level of administrative effort.
Potential for Disputes: While JCT contracts aim to minimise disputes through clear terms and dispute resolution procedures, disputes can still arise. Resolving these disputes can be a lengthy and costly.
Limited Scope for Early Contractor Involvement: In certain JCT contracts, such as the Traditional Procurement route, contractors may not be involved in the project until the design is substantially complete. This limited early involvement can hinder opportunities for value engineering and optimisation.
Stress on Smaller Contractors: Smaller contractors and subcontractors, who may not have larger firms' resources or bargaining power, can find it challenging to negotiate favorable terms in JCT contracts. This can lead to a perception of inequality in contractual relationships.

In conclusion, while JCT contracts offer a structured and widely accepted framework for construction projects in the UK, they are not without their drawbacks. Parties involved in such contracts should carefully assess the potential disadvantages, consider their specific project requirements, and seek legal advice to ensure that they fully understand the implications of the contract terms. Mitigating these disadvantages often requires careful negotiation, proper contract administration, and a commitment to effective project management.

Ultimately, the success of a construction project using a JCT contract depends on how well parties navigate these challenges and work together to achieve project objectives. Needless to say Veritas Surveying offers comprehensive guidance on various JCT contract types and prevention is better than cure.

What is the key difference between NEC and JCT?

When it comes to construction contracts in the United Kingdom, two standards form often come to mind: the NEC (New Engineering Contract) suite of contracts and the JCT (Joint Contracts Tribunal) suite of contracts. While both are widely used, they differ significantly in their approach, structure, and management style. The critical differences between NEC and JCT contracts are:

1. Contract Philosophy:

NEC: The NEC contract series is known for its collaborative and project management-focused approach. It emphasises cooperation, risk management, and flexibility. NEC contracts are often seen as progressive and are favoured for complex, large-scale projects where flexibility and adaptability are essential.

JCT: JCT contracts, on the other hand, are rooted in a more traditional, prescriptive approach. They provide detailed procedures and specifications, which some view as offering greater clarity and certainty. JCT contracts are commonly used for various construction projects, from simple to more complex.

2. Risk Allocation:

NEC: NEC contracts place a strong emphasis on risk allocation and require the identification of risks at an early stage. The "risk register" is a key component of NEC contracts, and parties are encouraged to collaboratively manage risks throughout the project. Operated correctly this approach aims to minimise disputes and deliver better outcomes for all parties.

JCT: JCT contracts tend to allocate risks more traditionally, with the Employer often bearing more of the design and project risks. While some JCT contracts provide mechanisms for risk-sharing, the allocation is generally more standardized and may not be as collaborative as in NEC contracts. Standardised

3. Flexibility and Adaptability:

NEC: NEC contracts are highly flexible and adaptable. They encourage parties to work together to resolve issues, adapt to changing circumstances, and make timely decisions. This flexibility makes NEC contracts particularly well-suited for projects with evolving design requirements or where unforeseen events are likely.

JCT: JCT contracts are typically less flexible and can be seen as more prescriptive in their approach. Changes to the contract require formal procedures and approvals, which can slow down the decision-making process. This can be an advantage for projects with well-defined scopes but may pose challenges for projects requiring frequent modifications.

4. Contract Structure:

NEC: NEC contracts are known for their clear, concise, and user-friendly language. They are structured around core clauses, option clauses, and secondary option clauses, allowing for tailoring to the specific project requirements. The plain language and modular structure make NEC contracts accessible to a wide range of stakeholders.

JCT: JCT contracts tend to be more comprehensive and contain detailed provisions. They are organized into sections, schedules, and articles, providing a highly structured framework. This structure can be advantageous for projects that require extensive documentation and legal clarity but may appear more complex to some parties.

5. Dispute Resolution:

NEC: NEC contracts prioritise early dispute resolution and collaboration to minimise disputes. They include adjudication provisions and encourage parties to resolve issues through negotiation and mediation. If disputes escalate, arbitration or litigation is an option, but the emphasis is on avoiding protracted legal battles.

JCT: JCT contracts also include dispute resolution mechanisms, such as adjudication, arbitration, or litigation. However, some critics argue that JCT contracts are more prone to disputes due to their complex and prescriptive nature.

6. Project Management:

NEC: NEC contracts promote proactive project management, with a strong emphasis on the role of the project manager. The project manager plays a central role in facilitating communication, managing risks, and ensuring the project's success.

JCT: JCT contracts rarely include provisions for project management and do not place as much emphasis on this role as NEC contracts. Project management responsibilities can vary depending on the specific JCT contract type.

7. Cost Control:

NEC: NEC contracts often incorporate a "pain/gain" share mechanism that rewards or penalises contractors based on performance, including project cost control. This mechanism incentivizes contractors to complete projects on time and within budget.

JCT: JCT contracts typically include interim valuations and final account procedures for cost control, but they may not offer the same level of flexibility and incentive-based mechanisms as NEC contracts.

Conclusion:

In summary, the key difference between NEC and JCT contracts lies in their contractual philosophy, risk allocation, flexibility, contract structure, dispute resolution approach, project management emphasis, and cost control mechanisms. The choice between NEC and JCT contracts depends on the specific requirements and preferences of the parties involved, as well as the nature and complexity of the construction project. Both contract suites have advantages and disadvantages, and selecting the right one can significantly impact the success of a construction project. It is crucial for parties to carefully evaluate their needs and seek legal and professional advice when choosing between these two widely used contract standards.

A 5 point guide to expert witness in construction

Mon, 21 Nov 2022 09:25:18 GMT

Why you need experts in your personal and professional life

Experts and experience matter

You and I know that unless you have experience, knowledge, training or expertise in an area, you are unlikely to do a great job. We need a shower cubicle tiling, we call in a tiler; our car servicing, a garage is contacted; new windows, a glazer is contacted. You get the idea. Now you might be able to assemble a flat pack piece of furniture but companies supplying these know many can't. It's why so many offer an assembly service for £25 upwards.

Experts are easy to find in certain fields but someone with expertise in many fields is more elusive. Perhaps why "Jack of all trades, master of none", an old idiom, is still used today.

Construction and expert witnesses is no £99 flatpack - there are often huge sums of money involved, complex timelines and detailed contracts with legalities enshrined in them. When things progress smoothly, disputes rarely occur, but life and business has a funny way of not creating smooth ripples, but sometimes large waves of disagreements and disputes. We see this repeatedly at Veritas Surveying, hence this blog post about expert witness in construction with its promised 5 points.

So here goes.

1. What is a construction expert witness?

It's always good to start with a definition and we won't buck the trend. You probably already know so feel free to move your eyes to point 2. If you're not sure, here's a short definition: a construction expert witness is someone with an intimate understanding of a construction area and can be used to provide an opinion and should a case end in court, support you with a written report (CPR Part 35 in the England and Wales) and sometimes an oral testimony.

2. What can a construction expert witness help with?

Many things, including: statutory compliance, litigation, disputes, adjudication, arbitration, mediation and public enquiries. RICS is more comprehensive in its scope: "Expert evidence can be required in disputes across land, property and construction. RICS expert witnesses are able to assist the court on the matters within their expertise across areas including building surveying, commercial property, compulsory purchase, dilapidations, planning, development, retail and valuation."

3. An eye for granular detail.

Often, in any field, personal or business, an expert can stand out for their attention to detail. A construction expert witness is no different. They can often see early on in a process the areas where issues may occur. By spotting this and alerting clients early, that eye for granular detail can often prevent lengthy delays that cost both parties money. They reduce time, risk and cost.

4. Provide cost-effective mediation.

Whilst not strictly related to an expert appointment, many Expert Witnesses are also able to offer services as a Mediator. Mediation between parties is inevitably faster and more affordable than court litigation. It is a non-confrontational and confidential process that can often repair relationships and issues "without prejudice". The main objective of mediation is to create a resolution that both sides can live within for the majority of instances.

5. Clean and dirty expert witnesses.

This is a term that is developed in Australia and worth considering. Put simply, the ‘clean’ expert witness will formally testify in litigation or arbitration, and the ‘dirty’ expert will support the dispute proceedings from an early stage, although in the UK this is fairly common and an accepted method, many parties including insurers receive Advisory Reports in advance of formal litigation proceedings to enable them to obtain impartial advice before taking matters further.

I noted that M and S is involved in a move to demolish a flagship store on Oxford Street, London and has seen two sides emerge, perhaps it could have taken some expert advice. You can though read this article here .

We do hope that this blog post has given you food for thought and if you need further advice, do contact us today.

What is Arbitration?

richardtbarnes@hotmail.com (Richard Barnes) — Sat, 09 Jul 2022 19:21:25 GMT

What is Arbitration?

Arbitration in a sentence Arbitration is a binding, non-judicial dispute resolution process.

What it is

Arbitration is a process by which parties obtain a resolution to a dispute by getting a decision from a third party. That decision is final, and the parties must abide by that judgement. Unlike mediation, the parties to arbitration only consent to the process itself; the final decision is imposed upon them rather than being a resolution which they have agreed between themselves.

Most commonly, arbitration is used between two parties that have a pre-existing commercial relationship. The typical situation is where there was a contract for the supply of goods or services, and one-party claims that the other has failed to meet their obligations under the contract. It is very uncommon, though not impossible, for arbitration to be used in non-commercial situations.

Who’s who

Arbitrator

The arbitrator has a single key responsibility, to make the final decision on the dispute. Their decision is binding on the parties.

However, they have additional responsibilities to ensure that the proceedings run smoothly and efficiently and the arbitrator can order parties to undertake particular actions in furtherance of this.

Advocates

These are lawyers or other specialist advocates who represent the parties to the dispute. They will advise their clients, make requests to the arbitrator, and communicate with the opposing advocate about the dispute. Advocates are likely to be qualified lawyers, and therefore will be governed by specific professional codes of conduct.

Parties

Parties to a dispute can be “natural persons”, corporate entities, public bodies, or even sovereign nations. They are the individual bringing the claim, “the claimant”, or defending the claim, “the defendant” or “the respondent”, and will not necessarily have any knowledge or experience of Alternative Dispute Resolution processes. They may not be bound by any specific professional codes of conduct.

Specialist advisors

In addition to advocates, parties may instruct specialist advisors to help them construct or defend their claim. This is often true where a case involves particular issues such as taxation or technical engineering problems.

Witnesses

A witness is an individual that presents evidence to the arbitrator. Their role is to provide the arbitrator with additional information that will assist them in making their decision. These witnesses may either be witnesses of fact, or expert witnesses, who are witnesses of opinion.

Public

Unlike courts, many arbitration proceedings are private, and the public has no right to view documents, hear arguments, know of the outcome, or even know that a dispute has been brought. This will frequently be governed by the terms of an arbitration agreement.

Why do parties go to arbitration?

There is a dispute

First, to go to an arbitration, there must be a dispute. A claimant might believe that an event has occurred, which puts an obligation on the respondent. The respondent either (a) does not agree that the event occurred, or (b) does not agree that the event created an obligation.

As another example, the claimant states that the defendant failed to deliver goods on time. The claimant states that the defendant owes damages as a result of this. In line with the previous paragraph, the defendant might disagree because they say the goods were delivered on time, or (b) they say that late delivery does not create an obligation to pay damages (perhaps because of some excusable intervening event like an unforeseeable storm).

Mandatory – per existing contract

In order to go to arbitration, it is not sufficient to simply have a dispute. Because arbitration is extra-judicial, both parties must agree to have their dispute settled by arbitration.

In England and Wales, this means that there must be an arbitration agreement that is evidenced in writing. There is no set form for these agreements; they can be as simple as “any dispute under this contract will be resolved by arbitration”, or they can be many pages long. Oral agreements to arbitrate can in some circumstances be valid; however, they give rise to additional legal complexity.

An arbitration agreement is necessary because arbitration deprives parties of the right to take their dispute to court. An arbitrator would not be willing to hear a case if they were not convinced that the parties had both agreed to the process. Likewise, a court would not turn away parties unless it could be clearly evidenced that they had both agreed to renounce their rights to courtroom proceedings.

Most commonly, there will be an arbitration agreement in the original contract between two parties. If this is the case, even if one party can invalidate the contract, the arbitration agreement will be separate and still binding.

Voluntary – agreed between parties as best way to resolve

Much less frequently, parties with no prior arbitration agreement may decide to use arbitration to resolve their dispute. This might be the case where two parties had an informal trading relationship but no contract. They may decide that arbitration is a more efficient way to resolve their dispute. If they wish to do this, they must still create a binding written arbitration agreement.

What can they get?

Where does arbitration get its power? – the law of contract (and statute)

Arbitration is an artefact of contract. What this means is that the entire process derives its power and authority from the fact that two parties have agreed to make use of an extra-judicial alternative dispute resolution process. They have effectively said “I agree to be bound by the decision of the arbitrator.” This is distinct from the power of a court. No party has to say “I agree to be bound by the decision of the judge.” The judge’s power comes from the power of the state.

It is important to understand this because it is directly connected to the limits of arbitration. Arbitration can only decide matters that are within the power of contract. For example, it could deal with breach of contract, ownership of property, or defamatory statements.

By contrast, arbitration cannot deal with the custody of a child, a criminal case, or a divorce (although it can be used for financial and other matters).

These are matters which require the exercise of authority by the state via a courtroom. It is therefore essential for users to be aware of the limits of an arbitration, and the limits of what subject matter can be dealt with.

What can be ordered?

The ultimate goal of all arbitration is the Final Award. This is the complete resolution of the matter, and the decision by the arbitrator as to whether there is any liability and what payments or other compensation is required.

There are also limits to what the arbitrator can order. An arbitrator cannot impose jail sentences or order a party to pay fines. Also, the tribunal cannot order a public law remedy such as disqualifying a person from driving or establishing an easement.

Rules and regulations

Although arbitration is a matter of contract between parties, there are external rules which govern these arbitrations. It is essential that users understand that arbitration works with the domestic legal system not outside it. Arbitrators and parties cannot simply contract out of the rules of their jurisdiction.

Seat of the Arbitration

One of the key terms is the “seat” of the arbitration. This refers to the country within whose jurisdiction the arbitration is to take place; it often, but not necessarily, also refers to the physical location of the arbitration hearing. This is a critical question as the seat of arbitration will govern which set of national laws apply to the dispute. In Domestic Arbitration, the seat of the dispute will be England and Wales.

Arbitration Act 1996

In England and Wales, arbitration is governed by a key piece of legislation: The Arbitration Act 1996 (“The Act”). The Act is based on the UNCITRAL Model Law, which was adopted by the UN in 1985 as a standard way for nations to introduce rules into their jurisdiction on arbitration. When drafting the Act, provisions were made as clear as possible so that they would be “readily comprehensible to the layman”. This act applies to all arbitrations where the seat is England and Wales.

In general, the Arbitration Act has two types of rules, those which are mandatory and those which are non-mandatory. For example, it is mandatory that arbitration agreements be in writing. Wherever a mandatory rule from the Arbitration Act conflicts with an arbitration agreement, the mandatory rule will take precedence.

Case law

Reference to court cases are in the form of Smith v Jones [2003] EWCA 234. In the United Kingdom, the past decisions of the Higher Courts are binding on future court hearings; the interpretations of the courts are binding and constitute part of the UK law. The power of court decisions is known as “the common law”.

Court cases are often available in full via services such as BAILII, or from various library or online databases such as Westlaw and Lexis Library. They can be extremely challenging to interpret for non-lawyers and it is always advisable to seek professional legal advice.

Civil Procedure Rules

The Civil Procedure Rules govern the management of cases in civil courts in England and Wales. Although arbitration is an extrajudicial process, these rules still have a significant impact on arbitration processes. These rules are extremely complex and it would be advisable for a party to be aware of the need to take advice on the impact of these rules.

Arbitration Rules

Additionally, each arbitration will be governed by a specific set of procedural rules selected by the parties or specified in the arbitration agreement. One such set of rules is the CIArb Arbitration Rules; however, there are many different sets of rules. They may specify matters such as procedure, arbitrator independence, timescales, and rules of evidence. It is essential to understand which set of rules applies to a given arbitration.

Industry Schemes

One important sub-set of arbitration rules is industry arbitration schemes. These are schemes set up by professional bodies that all registered members must use. They will have a fixed process and body of rules to ensure consistency between similar disputes. They may also have an appeals body or other professional oversight mechanism. When an arbitrator is involved with an industry scheme arbitration, they should always have regard to guidance issued by the relevant professional body. When in doubt, they should consult with that body where necessary to ensure that they are acting consistently with the scheme guidelines.

If you have a requirement for an Arbitrator or an expert witness for Arbitration, please feel free to contact us. Our trained expert witnesses are here to help.

What is mediation?

richardtbarnes@hotmail.com (Richard Barnes) — Sat, 09 Jul 2022 19:16:58 GMT

What is Mediation?

Some Definitions of Mediation

Definitions of mediation include the following:

a. The principled resolution of disagreements by a knowledgeable and neutral third party;

b. Helping people have a difficult conversation;

c. An informal dispute settlement process run by a trained third party, called a mediator;

d. In the Law.com Dictionary, it is defined as:

‘Mediation

n. the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result.’

All the above certainly cover aspects of mediation but a fuller definition offered here is:

‘Mediation is a voluntary, non-binding, confidential, informal and flexible form of dispute resolution in which a neutral person (the mediator) helps the parties reach an agreed settlement.’

This definition appears to encapsulate the key ingredients of mediation and will thus be used as the basis to explain these aspects further.

Mediation is Voluntary

No-one can be forced to mediate. In that sense, it is voluntary. The parties are also free to walk away at any time during the mediation itself. They can reveal as much or as little as they choose. They are not on oath or affirmation nor will they be subjected to cross-examination.

However, some could argue that because of the pressures exerted by the government and courts in the UK to mediate, mediation can no longer be said to be truly voluntary.

Mediation is Non-binding

Mediation is non-binding until an agreement is reached which may then, if so desired by the parties, be turned into an enforceable contract. Entering into mediation does not prevent the parties from walking away from it at any point. They are not bound to settle.

Mediation is Confidential

This is one of the key strengths of mediation. It is one of its central principles and one of the reasons why many people choose mediation over other methods of dispute resolution. Mediation is not recorded and is conducted in private, away from public view. Many in a dispute want to avoid the damage that publicity can cause.

It is normal for the mediator to require all the parties (including the mediator) to sign a mediation agreement covering confidentiality before the start of mediation, stating that any information disclosed or developed during the mediation process will not be disclosed in any future proceedings. The process is a without-prejudice negotiation on a strictly confidential basis. Thus, mediation allows the parties a unique opportunity to freely and openly communicate with one another with minimal risk and without worrying that what they say will be ‘held against them’. When people are able to be more open and honest, they tend to be less positional and their underlying interests are more readily apparent.

However, there are some specific types of cases when the mediator needs to add a caveat to confidentiality. For example, it might be that a mediator will state that everything is kept confidential. However, if they have really serious concerns about the safety, say, of a child, then they will not be able to keep that confidential and will be morally obliged to disclose the information to an appropriate authority. Moreover, it may be possible that national jurisdictions or professional codes of conduct impose specific caveats with regards to illegal activities or possible ordre publique (public policy) danger.

With the exception of any caveat, the mediator must ensure they keep confidentiality throughout and following the mediation. They must also not disclose any information that has been given to them prior to the mediation meeting. A further level of confidentiality is that they do not disclose in joint session anything told to them in the individual, separate (caucus) meetings with each side, unless express permission has been sought and given. No recording of the mediation should be made and any notes made by the mediator should be destroyed at the end of the mediation.

Nothing said in mediation can be used in any subsequent legal process. The only information that is released is that a mediation took place, when and between whom, and whether it was successful or not. There has been some debate regarding whether a mediator can be called to give evidence of what took place during a mediation following the case of Farm Assist Ltd (in liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No 2), 2009. However, the basic principle remains largely unchanged; which is that a mediator cannot be called as a witness.

In commercial mediations, the settlement agreements will become legally binding when the terms of the agreement are committed to writing and signed by the parties that have the authority to settle.

Mediation is Informal

There is no requirement to produce specific information to the mediator before the mediation starts. This can be contrasted to litigation where parties’ representatives will need to spend resources on filing and serving documents. Only brief case summaries should be given to the mediator in advance.

In mediation, it is usually the case that parties are referred to by their first names rather than titles and surnames. This helps break down barriers and distinguishes mediation from other formal types of dispute resolution.

Mediation is Flexible

The choice of mediator, the venue and timing for the mediation can all be arranged to suit the needs of the parties (and the mediator too, of course). How the mediation is conducted – the use of joint and separate (caucus) sessions – is decided by the mediator to the best effect in order to achieve settlement. Because of its flexibility, mediation can address issues and concerns that would not be given any ‘air’ time in litigation. Creative solutions can be achieved that, again, would not be possible through other formal processes of dispute resolution.

The Mediator is Impartial (or Omni-partial)

The mediator should demonstrate from the very first contact with the parties that they are impartial and do not / will not take sides. It is sometimes said that mediators should instead explain their omni-partiality. It may be a rather semantic difference but when someone is impartial, they are partial to no-one; when someone is omni-partial, they are equally partial to all. In some ways, this idea of omni-partiality seems a more likeable stance for a mediator to take. ‘I am partial to you all.’ ‘I am working for you all equally.’ ‘I am looking to help you all find a solution that is equally acceptable and fair.’

Throughout the mediation, the mediator must treat the parties equally. If a mediator sees one side in a separate (caucus) meeting, then they must see the other similarly. Wherever possible, the mediator should include each party to the same degree and be even-handed in their treatment of each. Using inclusive language, “you both need...”, will help reassure the parties that the mediator is indeed working on behalf of everyone.

The Mediator Helps the Parties Reach Settlement

The mediator does not impose a decision or terms for settlement upon the parties. Instead, the mediator will use their skills to guide the parties to a negotiated settlement that is theirs and which meets their needs. The mediator does this by managing the process, remaining optimistic and encouraging throughout, and treating everyone equally. They also reality test proposed settlement solutions to ensure that they are realistic, achievable and acceptable to everyone.

The Benefits of Mediation

The benefits of mediation are often summarised under the six Cs:

a. Consensual – the parties agree to mediate.

b. Control – the parties remain in control throughout. There is no imposed settlement and any agreement, whether contractual or not, is with their consent.

c. Cost-savings – the emphasis in mediation is on key issues and needs for the future. It is not about providing evidence to substantiate your case or calling upon witnesses to refute the other side’s evidence. It does not have to involve lawyers and, in many types of disputes, there can be a positive advantage in not having legal representation. Nor are there any court costs. There are huge savings in terms of time (as cases can take many years to reach court) and there are also huge savings in terms of the stress involved before resolution is found.

d. Continuing relations – in mediation, the mediator is helping the parties find a win/win outcome. There is no winner or loser. As the emphasis in mediation is on the parties communicating with each other and developing better understanding, there is a greatly improved chance that, for example, commercial business relations can continue. Relationships can be safeguarded or repaired and restored.

e. Confidentiality – meetings are private and nothing can be used in any further legal or quasi-legal proceedings in the event of a mediation not succeeding.

f. Creative – there is no limit on the type of solutions that can be achieved.

Conflicts Suitable for Mediation

It might be easier to list what types of conflicts are not suitable as mediation can, and is, used to help resolve a wide variety of conflicts arising from very different areas. However, a few of the most common areas where mediation is used are:

a. Commercial disputes;

b. Family Divorce & Separation (Children, Finance & Property);

c. Community and Neighbour Disputes;

d. Wills & Inheritance;

e. Landlord and Tenant;

f. Medical;

g. Personal Injury;

h. Schools mediation (Peer Mediation).

There is, of course, mediation undertaken throughout the world in those areas affected by conflict and which damages the lives of millions. It can only be hoped that those mediators working in these high- conflict areas are able to help those in long-standing and often brutal conflict to a peaceful resolution. Their task cannot be underestimated.

When Mediation Won’t Work

Although mediation is a highly effective method of dispute resolution, it nonetheless should not be viewed as a universal remedy for all conflicts. There are times when mediation may not be suitable or will not succeed and where non-mediation approaches are likely to be more appropriate. These include:

· Where people want a punitive judgment – they want retribution and ‘pay-back’;

· An authoritative judgment is needed to take enforcement action, protect a victim or establish a rule of law;

· The parties’ power is so mismatched that it makes genuine negotiation impossible;

· There is a serious danger of mediation being used in bad faith; i.e., to trick the other party into revealing information;

· Someone is not competent to negotiate; e.g., due to serious drug or alcohol abuse, or mental health disability.

When a conflict is suitable for mediation, then the success rate is high. Even those that do not settle on the day of the mediation often settle soon afterwards as the parties continue with direct negotiations. If settlement does not occur either at the time of the mediation or subsequent to it, then all the other options open to the parties prior to the mediation to resolve their dispute are still available; e.g., litigation.

With CEDR trained and accredited mediators, if you have a requirement for a mediation, please feel free to contact us. All our mediators offer lost cost fixed fees, and we are not limited to construction disputes either!

What is the difference between Litigation and ADR?

richardtbarnes@hotmail.com (Richard Barnes) — Tue, 28 Jun 2022 10:09:27 GMT

What is the difference between Litigation and ADR?

Just like coffee beans, not all processes are the same!

Litigation

Litigation – where a litigant takes his case to the courts for a judge to make a decision – occurs in virtually every jurisdiction. That decision is based on the law and, in the UK, case-precedent. It is a very formal process and conducted in public.

Litigation provides certainty but takes no account of the emotional/psychological needs of the parties nor does it have a future-oriented focus. It can be critically damaging in terms of relationships. Conversely, litigation is the only method by which the law can be developed and ensures that the rights of the individual are protected.

ADR

The most common definition of ADR is Alternative Dispute Resolution. Another is Appropriate Dispute Resolution. Although some cynics have renamed it Another Disappointing Result or even Another Damn Rip-Off!

Negotiation

Mediation

Mediation is the next step on from negotiation. When parties cannot resolve their differences through direct negotiation, they will often involve a third party to help them in their negotiations - to try and mediate. The aim of the mediator is to bring about a resolution acceptable to both parties; a solution that they are able to live with. It is therefore arguable that mediation is not the recent phenomenon many believe it to be but a practice that has been occurring since time immemorial.

Mediation allows people to communicate. It explores parties’ feelings and it allows the parties to participate fully in the making of decisions about how to resolve the dispute.

It is private and non-binding, although the agreement reached by the parties can become a legally binding contract if required.

Conciliation

Conciliation is like mediation in many aspects. The conciliator meets parties in an attempt to resolve their differences. Unlike mediation, however, this usually happens separately: parties seldom or ever meet with each other in the same room. The conciliator will, like a mediator, use their skills to lower tensions, improve communication, identify the key issues, explore potential solutions, and help the parties to a negotiated settlement.

Another difference between mediation and conciliation is that the conciliator will try to conciliate by seeking concessions from the parties. In mediation the mediator tries to guide the discussions in a way that optimises parties’ needs, taking feelings into account and reframing the parties’ statements.

Unlike a mediator, a conciliator may provide technical assistance. Another very significant difference is that a conciliator has expert knowledge of the type of dispute that they conciliate. They can make suggestions and give advice. In some types of dispute, the conciliator even has a duty to provide legal information. In contrast, a mediator does not have an advisory role. The mediator will try to help the parties reach a better understanding of each other and to find their own solution that is practical, realistic and does not represent a loss for either side.

Conciliation differs from arbitration in that the conciliator usually has no authority to seek evidence or call witnesses. Conciliators do not usually make a decision or write an award.

Dispute Review Boards

A dispute board or dispute review board (DRB) or dispute adjudication board (DAB) typically comprises three independent and impartial people who are chosen by the parties. Construction contracts, for example, might include a DRB clause.

The DRB is appointed at the start of a project before any disputes arise and is actively involved throughout the project, and even for an agreed period afterwards. A DRB can influence the performance of the parties during the period of the contract. A great advantage is that they can be called upon at a very early stage to settle any dispute the parties are unable to resolve. Usually, if the DRB’s decision is not accepted by the parties, then the matter can still be referred to arbitration or the courts.

Neutral Evaluation

This is another hybrid process that lies between an arbitration and a mediation. It is a private and non-binding technique where a third party neutral (often legally qualified) gives an opinion on the likely outcome at trial as a basis for settlement discussions. The parties to the dispute voluntarily sit down with a neutral evaluator and present their case as they would in an arbitration. The neutral then gives an advisory decision, which is essentially a prediction of the outcome they would expect a judge to reach.

Ombudsman Schemes

Ombudsman schemes proliferate in the UK. The aim of the schemes is to resolve disputes with particular organisations or about particular services. For some disputes you have to try the ombudsman scheme before you are allowed to bring a court claim. Some ombudsman schemes expect you to follow a formal complaints procedure before they are prepared to help. They hear disputes direct from the public, are independent and impartial, and conduct their investigations in private.

Some examples of ombudsman schemes include:

· Financial Ombudsman Service;

· Housing Ombudsman Service;

· Pensions Ombudsman;

· and Local Government Ombudsman

The ombudsman’s decision is usually accepted although there are some services which do allow a case to subsequently go to court.

Adjudication

Adjudication is the legal process by which a neutral person reviews the arguments, which may include legal arguments, presented to them by the parties. The adjudicator will reach a decision determining the rights and obligations of the parties.

Arbitration

If you require any further support for any construction related claims, please do contact us at Veritas Surveying Manchester. Our trained team of Quantity Surveyors and Claims consultants are here to help.

Construction Dispute Resolution

richardtbarnes@hotmail.com (Richard Barnes) — Mon, 20 Jun 2022 20:55:13 GMT

Construction Dispute Resolution

What is a construction dispute resolution?

The aim of any construction project is for the project to run as smooth and effectively as possible in order for it to be completed on time and within budget. As it common for risks to be high on construction projects and margins or profits low, parties often adopt an adversarial approach when issues are discovered and the construction dispute is born.

A simple example of a potential construction dispute could include a request for additional works, for example, a main contractor may request additional works or additional works may be required simply to complete the project, perhaps as a result of items which have been discovered on site but not foreseen by one or both of the parties when entering into contract.

That may result in works taking longer than anticipated which, in turn, will generally result in an increased cost to the project. This will often lead to a claim by one of the parties – if it cannot be resolved through discussions.

Common types of claims arising in construction projects include:

Claims for payment or non-payment
Smash and Grab claims
Disputes over the value of variations
Extension of Time Claims (Time)
Loss and Expense Claims (Money)
Claims for liquidated damages
Claims over quality and or defects

There are several ways to resolve disputes, historically construction disputes were resolved by Arbitration or Litigation, however those systems were formal, required lengthy submissions by each party, full disclosure of documents, witness statements, expert reports and a hearing. The result of such a formal process resulted in a costly and slow process of resolving disputes.

In the late 90’s and earlier 00’s the construction industry witnessed a massive growth in mediation and adjudication of construction disputes within the UK.

The reason why those methods were so successful was due to:

speed - court lists had become extremely long often taking in excess of two years to get a matter before a Judge.
lower costs – litigation is not only time consuming but costly.
confidentiality – no one wants bad publicity, it's not good for business.
flexibility – both processes allow the parties a degree of flexibility.

What are the three basic types of construction dispute resolution?

Adjudication

Adjudication is a statutory right which applies to most, if not all construction operations in the UK. Under the relevant provisions of the Housing Grants, Construction and Regeneration Act 1996, it provides a temporarily binding decision which must be complied with until the matter is resolved by arbitration, litigation or agreement of the parties.

The process is designed for the swift resolution of disputes, often within 28 to 42 days from the receipt of a referral to ensure that money flows in the right direction and the project can continue with minimal delay.

Mediation

Mediation is a flexible, voluntary, and confidential form of alternative dispute resolution (ADR), in which a neutral third party (the Mediator) assists parties to work towards a negotiated settlement of their dispute, with the parties retaining control of the decision whether or not to settle and on what terms. An important point of mediation is that it is the parties who decide the outcome not the mediator.

Mediations often take place in one day, although there are plenty of tales of those days being long days, some with successful outcomes and others without.

Litigation

Litigation is the process of taking a case to a court of law so that a judgement can be made, it is usually a public hearing and generally regarded as expensive.

What are the most common causes of construction disputes?

Poorly drafted or incomplete and unsubstantiated claims.
Errors and / or omissions in the contract documents.
A failure by one or more than one of the parties failing to understand and comply with its contractual obligations.
Non-payment.
Site conditions.

With over two decades of experience in Quantity Surveying, cost management and construction, we work with companies of all sizes; Sub-contractors, Main Contractors and Employers.

We are Manchester based but offer nationwide coverage. We pride ourselves on providing a high quality, flexible and efficient service and an ability to give sound advice and direct solutions to help our customers both avoid and resolve construction disputes. This is demonstrated by the frequency of repeat business secured with our existing client base. We find that our shadow support on all projects is the best and most effective way to help our customers stay ahead of the game, save money, reduce stress, get paid and focus on the real priorities, many of which pay very little for our services.

Let us help you protect your business or next construction project, please do get in touch , and feel free to review our articles in our blog.

Expert Witness Construction

richardtbarnes@hotmail.com (Richard Barnes) — Mon, 13 Jun 2022 19:24:59 GMT

Expert Witness Construction - Manchester and beyond!

Expert witnesses have a key role within the justice system. It is essential that they can fulfil their roles and responsibilities as experts. To do this, experts need an understanding of the litigation process and must be aware of the legislation, regulations and guidance applicable to their expert witness work.

Experts need to be aware of the key parts of the Civil Procedure Rules (CPR), the Criminal Procedure Rules (CrPR), Practice Directions and Guidance. Where appropriate, experts should also refer to any Practice Statements or Guidance issued by their Professional Bodies concerning their work as experts.

Expert witness evidence may be required in a range of cases and in different legal forums. Experts may give evidence in courts or tribunal, at arbitrations or adjudications or other legal processes. Examples of which include:

The High Court:

The High Court deals with the most complex, serious and high-value claims. The High Court has three divisions:

Queens Bench

This deals with negligence cases, large personal injury cases, contractual and insurance disputes and more. The Queen’s Bench Division also includes the Commercial Court (which deals with banking and high value commercial claims) and the Technology and Construction Court (which, as its name suggests, deals principally with building/construction cases and those involving computers/software). It includes the Admiralty Court which hears shipping disputes

Chancery

This includes the Companies Court and the Patents Court and deals with disputes in the field of tax, pensions, trusts, probate, land and more.

Family

This deals with disputes arising out of complex, high-value ancillary relief claims and the more difficult public law claims involving children.

Most trials are heard by a High Court Judge sitting alone (i.e. without a jury). Sometimes a Circuit Judge or a Recorder or a QC will sit as a Deputy High Court Judge most usually hearing the less serious cases. Like a full time High Court Judge, a Deputy will sit alone.

The County Court

Although there is no limit to the amount of damages that can be awarded in the County Court, in practice the lower value and more straightforward cases are commenced in the County Court. Where the sum in dispute is less than £25,000 the case is usually tried by a District Judge. Where the sum in dispute is more than £50,000 the case is usually tried by Circuit Judge although a Circuit judge will sometimes hear less serious cases. Recorders (who are part-time judges) can try cases of any value but more commonly hear the cases worth between £25,000 and £50,000. Circuit Judges, Recorders and District Judges all sit alone.

Tribunals

There are numerous tribunals. Examples include the employment tribunal, lands tribunals, benefits tribunals and more.

Arbitration

This is a process chosen by the parties (usually in a contract) in which the arbitrator reaches a decision which is binding on the parties. The arbitrator may be a lawyer or another professional. Arbitrations are common in construction and shipping disputes.

Adjudication

This is a process by which an adjudicator makes a summary determination of certain issues that can arise in the course of a construction contract (e.g. whether the work has been completed on time). This allows the parties to swiftly resolve differences that have arisen and to get on with the work. An adjudicator’s findings are provisional in the sense that the parties may litigate the same issues all over again before a court, but only after the building work has been completed. Adjudicators are usually building professionals or lawyers.

The court’s discretion to limit the number and type of expert evidence

The court has discretion to exclude expert witness evidence even if it is otherwise admissible. The court in civil cases has the express power to limit both the number of experts and the type of expert evidence.

CPR 35.4

(1) No party may call an expert or put in evidence an expert’s report without the court’s permission.

(2) When parties apply for permission they must identify –

(a) the field in which expert evidence is required; and

(b) where practicable, the name of the proposed expert.

(3) If permission is granted it shall be in relation only to the expert named or the field identified under paragraph (2).

This makes plain that no party may call an expert witness without the court’s permission and that if permission is granted, it is in relation only to the field of expertise that the court has identified and possibly only for a named expert.

The court’s power to limit the number of experts

CPR 35.1 states Expert evidence shall be restricted to that which is reasonably required to resolve the proceedings . Normally the court, if it permits any expert evidence, will limit it to one expert per party (although there are exceptions).

The court’s power to specify the identity of the expert

As part of the duty to help the court to further the overriding objective the parties are encouraged to identify the field of expertise of any expert upon whose evidence they wish to rely as well as, if practicable, the name of the expert. In some specialist cases, the proposed fees of the expert must also be submitted to the procedural judge. The court has the power to grant permission to a party to call, or put in evidence from, (1) a named expert only, (2) an unnamed expert in an identified field of expertise only or (3) a named expert in an identified field of expertise.

Expert witnesses

By CPR r. 35.2(1) an expert is:

“… a person who has been instructed to give or prepare expert evidence for the purpose of proceedings.”

This is the key to determining whether the expert has been instructed as the “Part 35 expert” or in another capacity.

Generally, lay people cannot give evidence of opinion in a court or tribunal. Only witnesses who have specialist knowledge, qualifications and/or experience in a particular field are permitted to give opinion evidence about facts and matters within their field of expertise. Expert witnesses need to establish their qualifications/experience as adequate to give the opinion evidence they have. It is for the court to decide who is an expert, based on the witnesses’ qualifications or experience. Expert evidence may include:-

Expert opinion on factual matters before the court
Expert evidence to explain technical subjects or the meaning of technical words
Evidence of fact where the observation, comprehension and description of such facts requires
expertise.

What the rules say about the duties of Part 35 experts

CPR 35.3 states

(1) It is the duty of the expert to help the court on matters within their expertise.

(2) This duty overrides any obligation to the person from whom the experts have received instructions or by whom they are paid.

What is a single joint expert?

The definition of a single joint expert is set out in the Civil Procedure Rules.

CPR 35.2(2)

Single joint expert means an expert instructed to prepare a report for court on behalf of two or more parties (including the claimant) to the proceedings.

and CPR 35.7 states

(1) Where two or more parties wish to submit expert evidence on a particular issue, the court may direct that the evidence on that issue is to be given by a single joint expert.

(2) Where the parties who wish to submit the evidence (‘the relevant parties’) cannot agree who should be the single joint expert, the court may –

(a) select the expert from a list prepared or identified by the relevant parties; or

(b) direct that the expert be selected in such other manner as the court may direct.

Instructions to a single joint expert

CPR 35.8 states

(1) Where the court gives a direction under rule 35.7 for a single joint expert to be used, any relevant party may give instructions to the expert.

(2) When a party gives instructions to the expert that party must, at the same time, send a copy to the other relevant parties.

(3) The court may give directions about –

(a) the payment of the expert’s fees and expenses; and

(b) any inspection, examination or experiments which the expert wishes to carry out.

(4) The court may, before an expert is instructed –

(a) limit the amount that can be paid by way of fees and expenses to the expert; and

(b) direct that some or all of the relevant parties pay that amount into court.

(5) Unless the court otherwise directs, the relevant parties are jointly and severally liable for the payment of the expert’s fees and expenses.

Working as a single joint expert

A single joint expert is appointed by the court and treated as being appointed jointly by the parties in dispute. The single joint expert owes equal duties to all parties and an overriding duty to the court. Their duties overall are the same as a Part 35/33 expert. However they must take particular care to remain independent and transparent in their dealings with the parties.

If you have a requirement for an expert witness in construction, please feel free to contact us. Our trained expert witnesses are here to help. If a particular commission is not suitable for us, through our network of contacts we will be able to point you in the right direction to other suitable qualified and trained experts.

The Ultimate Capped Fee Adjudication Scheme Arrives

richardtbarnes@hotmail.com (Richard Barnes) — Tue, 06 Apr 2021 11:52:49 GMT

The Ultimate Capped Fee Adjudication Scheme Arrives

I could not help noticing that a new Capped Fee Adjudication Scheme was quietly launched earlier this week by UK Adjudicators.

In my opinion, the costs associated with adjudication have created a barrier for a party seeking to pursue its contractual entitlement or putting it another way, collecting hard-earned cash. That combined with the legalistic approach which has now been adopted in adjudication has resulted in a reluctance for parties to use adjudication as a method of resolving construction disputes.

As well as the strengths of a case, three main cost hurdles need to be considered before starting an adjudication, over time these barriers seem to be slowly disappearing (although statutory adjudication has been around for nearly 23 years now).

So what are the three problems?

1. The Other Party’s Adjudication Costs

In the early years of construction adjudication, some clever lawyers created “ Tolent clauses” which effectively created a situation where a party who wanted to raise a claim had to pay the other sides cost of defending the action, which effectively meant that the other side could try to use a parties money to defend a claim. Section 108A of the Housing Grants Construction and Regeneration Act 1996 (as amended) (the Construction Act) now helpfully protects parties against such provisions. The Construction Act now ensures that a party wishing to pursue a claim is not liable for the other party’s costs unless both parties agree to that, after the notice of adjudication has been issued.

Generally, parties do not allocate the power to an adjudicator to allocate party costs. This provides some certainty as to the exposure in an adjudication, on that basis the cost of representation is generally a cost that a party has to bear if there is no agreement as to the allocation of costs. The positive is that you do not need to worry about the other side’s costs if you lose.

2. Your Adjudication Costs

The traditional mechanism of paying a party representative has been on an hourly basis, yes that’s right that well known economic method of procurement - daywork.

Interestingly companies have offered no win no fee or fixed fee services for some time now. As you would expect, the costs from a top tier solicitor may be significantly higher than a smaller firm or independent consultant. I would like to think that our rates for a fixed fee service offer an economical best value option. We are also happy to consider a no win no fee, hourly or a mixture of all three. Each case is assessed on its merits and we won’t be offended if you wanted to proceed on an hourly other or on some other basis, after all, you and your employees have worked hard for your money and we respect that.

3. The Adjudicator’s Fees and Expenses.

The final problem and perhaps the most difficult has always in my opinion been the Adjudicator’s Fees and Expenses. The general position is that the loser should pay, however Adjudicators have the power to allocate their Fees and Expenses as he or she sees fit so it always needs to be carefully taken into consideration.

Adjudicator’s Fees and Expenses have generally been outside of the parties control and some Adjudicators have been allowed to simply rack up the hours. When you consider that Adjudicator’s Fees can vary anywhere from £200.00 to £500.00 per hour, it does not take much to run up a ten thousand pound bill. I am sure you can see the problem with a small value claim of say £20,000.00. Now some would say that under the relevant provisions of the Scheme for Construction Contracts that an Adjudicator is only entitled to payment of such reasonable amount as he (or she) may determine by way of fees and expenses reasonably incurred by him (or her). That in my opinion is subjective and does not require to adjudicator to consider any proportionally of fees in relation to the amount in dispute.

A couple of years ago the Department for Business, Energy and Industrial Strategy (BEIS) conducted a review of the adjudication provisions, feedback from the industry highlighted that adjudicators fees and expenses had become a concern for many users as was the complexity of disputes. Reading recent court judgements , I have noticed adjudicators fees being as high as £60,000.00 to £80,000.00 for disputes between parties. In those instances, the disputes were for seven figures sums, but that’s still a lot of money to make a decision.

On the positive side, I am also aware that some adjudicators can quite rightly resolve disputes for say £5,000.00 to £10,000.00. The major problem occurs when “low value disputes” turn in to multi-faceted disputes and the issues which need to be decided are not too dissimilar to complex multi-million-pound claims. In those instances the adjudicator’s fees and expenses can then swiftly approach and exceed the £30,000.00 mark especially when the adjudicator is charging between £200.00 to £500.00 per hour. I suspect you are being to see the major problem with adjudication now!

The solution to the Adjudicator’s Fee problem

As I understand, BEIS tasked the Adjudicator Nominating Bodies (ANB’s) to provide a solution to this problem, the industry responded with several schemes. One example is the CIC Low Value Disputes Model Adjudication Procedure (LVD MAP). This was developed by leading industry bodies including RICS , RIBA and ICE. The LVD MAP provided for a resolution of a dispute and provides a set of rules and procedure. The Adjudicator’s fee for this scheme is fixed depending on the value of the claim, which helps provide cost certainty to parties, it also requires the parties to comply with a set of rules. The biggest hurdle in my opinion is that both parties are required to agree to use the service or that the agreement between the parties includes a provision to use the service. That in my opinion requires a degree of reasonableness from the other party, if that existed, I am sure it would be feasible to resolve matters by a simple negotiation. Given that a party is potentially having to consider the need to adjudicate, I would suspect in more than 50% of cases the other party would refuse a request to use that scheme in an attempt to avoid having to make a payment.

Another scheme recently introduced is the TECSA LVD service , the clever people at the Technology and Construction Solicitor’s Association helpfully devised a scheme that allows for financial claims up to £100,000.00 to be decided for a capped fee without the need for the other parties agreement in certain instances. The cap ranges from £2,000.00 for a claim up to £10,000.00 and £5,000.00 for a claim up to £100,000.00. In addition to this, there is also a nomination fee of £250.00. There is a restriction on the use of the TESCA scheme as it cannot be used to obtain a declaration, which limits its use for certain types of claims. In certain instances, it is possible to use the scheme without the other parties consent. Sadly the scheme cannot be used without the other parties consent if there is already an agreed set of rules in the contract or another nominating body is included in the contract unless the parties agree otherwise or the adjudication provision in the contract offends that Act. The guidance provided under the scheme is very clear that the cap does not place a limit on the amount of work an adjudicator has to do, as a result, an adjudicator’s very generous hourly rate of say £300.00 could some be diluted down to £150.00 per hour, which is not a bad hourly rate by any standard.

Finally, the most recent scheme to be introduced is the UK Adjudicators Capped Fee Scheme (UKA-CFS) which offers parties to a construction dispute a capped fee between £1,750.00 to £10,000.00 for claims up to £250,000.00. For claims over £250,000.00, there is no cap but there is a maximum daily rate. It is also possible to refer a dispute for a declaration for a capped fee of £5,000.00. There is no nomination fee to use the service, which will save you at least £250.00 compared with most other ANB’s (that should be enough to buy a good round in the local pub when they are back open and could be used to celebrate when your claim succeeds). The panel at UK Adjudicators is the probability the most diverse and largest panel in the UK. The adjudicators come from a wide range of professions and includes retired TCC judges, barristers, solicitors, architects, engineers and surveyors.

There is still the need for the other side to agree to use the service if there is another ANB named in the contract, that is why I described this as the ultimate capped fee scheme and not the perfect scheme.

Having said that, if you wanted to stay ahead of the game, there would be nothing to stop you including UK Adjudicators as the nominating body into any contract at the outset, that way you would have the ability to use the scheme and to make the situation perfect for you and your company.. I struggle to find any valid reason why another party would refuse to accept that amendment to any proposed amendments before you sign a contract, after all both parties are going to receive a great value, heavily discounted product if the need arises. Issues such as this would be highlighted within our contract review service, effective tailored contract reviews will help protect your business and save thousands in the long run.

Further details about UKA CFS can be found at https://www.ukadjudicators.co.uk/uka-capped-fee-scheme

Please do not hesitate to contact Veritas Surveying Limited of Manchester to discuss any construction dispute advice, we offer a free consultation to all new clients. Our range of support includes a wide range of Quantity Surveying support with a specific focus as and when required on Construction Disputes .

We can provide Contract Reviews, Training , Expert Reports and support in adjudication . We regularly work for a range of sub-contractors of various sizes upto £100m, employers and solicitors on a range of project values nationwide. We also can provide assistance to nice people at Main Contractors too!

With the introduction of capped fee adjudication, no dispute really is too big or small.

rbarnes@veritassurveying.co.uk

0161 298 1003

Adjudication

richardtbarnes@hotmail.com (Richard Barnes) — Mon, 08 Mar 2021 14:23:03 GMT

What is Adjudication?

Adjudication is a procedure under which an independent third party called the Adjudicator, within a fixed time period and in accordance with agreed adjudication provisions, will give an interim Decision on a dispute, which must be implemented. If either party is not satisfied with the Decision, then the dispute can be referred to a final procedure, such as arbitration or litigation.

The purpose of adjudication is to provide a fast Decision rather than necessarily the correct Decision so that the Parties can get on with the contract or other arrangement. For parties to a construction contract, the adjudication process was specifically designed to speed up cash flow within the construction industry hence the need to a quick Decision. A Decision can be provided within 28 days of the issue of a referral notice by the referring party. A responding party is usually provided with a short period of time to deal with any defences it may wish to raise in the adjudication process. The Decision will usually be binding until the final procedure has reached its final determination (this is known as temporarily binding) as the final determination is likely to begin after the project is complete and maybe produced many years after the dispute arose.

By giving the Parties a temporarily binding Decision, they can get on with the project in accordance with that Decision and then review it after the project has been delivered.

Adjudication is not necessarily subject to any specific law in the way arbitration is governed by the Arbitration Act 1996 . Adjudication may be imposed by statute, such as the Housing Grants, Construction and Regeneration Act 1996 (“the Act”), which applies to construction contracts, or agreed in the contract between the Parties, or agreed by the Parties after the dispute has arisen.

The types of dispute being referred to adjudication can be categorised as:

between commercial organisations within a particular industry, such as the construction industry or the Communications Providers ADR Scheme ;
between a commercial organisation in a particular industry and a consumer, such as
the Communications and Internet Services Adjudication Scheme ;
between a governmental or local authority organisation and its customers. The procedure may include options for different ADR procedures including adjudication;
tribunals and dispute boards within a particular industry or type of activity.

Adjudication Procedure

The considerable growth of construction adjudication since 1998 has resulted in the development of procedures and practices that have been developed and interpreted in judgments by the courts. The stages and practices in construction adjudication, together with the solutions to many of the problems, will also apply to other types of adjudication.

The different adjudication practices include detailed procedures to suit the requirements of the particular industry or type of dispute. The typical stages and procedures include:

definition of the type of dispute which can be referred to adjudication under this procedure;
the selection and appointment of the Adjudicator, together with the fee arrangements;
alternatives for fast-track or the full procedure. Fast-track may be documents only, probably exchanged by e-mail. The full procedure will allow time for additional exchanges of documents and evidence, possibly with a meeting for the exchange of oral evidence, or an inspection of the location of the dispute or other relevant matters;
definition of the dispute and the issues, to be determined by the Adjudicator;
the powers and obligations of the Adjudicator;
actions by the Adjudicator and the Parties during the adjudication;
provisions covering the Adjudicator’s Decision and what should be included in the written Decision;
special provisions for the implementation and enforcement of the Decision.

Adjudicators

Any Adjudicator must have practical knowledge and experience of the type of situations which lead to disputes in their particular industry or activity. Whilst some of the necessary knowledge can be obtained through training, considerable relevant personal experience is also necessary in order that the Adjudicator can react quickly, efficiently and with understanding of the facts of the dispute.

Through the experience of construction adjudication, it became clear that organisations which are adjudicator nominating bodies or ANB's, such as the Chartered Institute of Arbitrators (CIArb), the Technology and Construction Solicitors Association (TESCA),the Institution of Civil Engineers and Royal Institution of Chartered Surveyors (RICS) that provide qualified Adjudicators must also publish guidelines for the criteria and requirements for the experience, training and assessment of the people who comprise their list of approved Adjudicators. This includes regular reassessment and review of actual Decisions.

The Adjudicator must also have a working knowledge of contract law and any other laws and regulations that may be relevant to the particular activity and type of dispute. Experience from the construction industry has shown that some formal legal training is essential.

UK case law has demonstrated that it is essential that the Adjudicator is well versed in the process of adjudication. This can only be achieved through experience and training in the procedures that are followed and the problems that may arise during an adjudication. It is also necessary to understand the process of reaching and preparing a written enforceable Decision.

Natural Justice and Adjudication

Probably the most controversial aspect of the development of adjudication has been the question of whether the procedure is subject to the principles of natural justice. The courts have now established that natural justice does apply, but the extent and detail to which it applies depend on the particular situation and adjudication procedure. This has resulted in the use of the term ‘procedural fairness’, which takes into account the restrictions placed on the decision-making process by the procedure.

In general terms, the Adjudicator must ensure that:

he or she answers the question that has been put to him or her, this is generally set out on the notice of adjudication;
each party knows the allegations made against it;
each party has an opportunity to know and respond to any evidence (whether generated by a party or the Adjudicator) the Adjudicator will use in reaching his or her Decision.

The fact of the time limits in adjudication brings practical problems that require efficient and fair management by the Adjudicator.

Resolving Disputes Today

richardtbarnes@hotmail.com (Richard Barnes) — Tue, 02 Jun 2020 09:56:02 GMT

Resolving Disputes Today - New CIArb Audiobook

Richard collated and adapted CIArb's first audiobook. It was edited and read by Michael Patchett Joyce FCIArb. The audiobook is available at

https://books.apple.com/gb/audiobook/resolving-disputes-today/id1494608013

The audiobook introduces some of the main techniques for avoiding, managing and resolving disputes. It considers what constitutes a conflict, looks at litigation and goes into different methods such as mediation and negotiation. It is useful for those who want to understand how to address disputes and the different disciplines and techniques associated with them.

Dr Paresh Kathrani, Director of Education and Training at CIArb: ‘CIArb already provides leading face-to-face training in several disciplines, including arbitration and mediation, that leads to CIArb membership. The intention is to grow our training opportunities for members and non-members across other areas and media in order increase access and diversify our services. The audiobook is a good contribution to this and I would like to thank Richard and Michael, and our producers, SomersIT, for the help they provided us with this audiobook'.

The Manchester Lecture 2020

richardtbarnes@hotmail.com (Richard Barnes) — Mon, 01 Jun 2020 16:15:44 GMT

The Manchester Lecture 2020

On 23 January 2020, the Chartered Institution of Civil Engineering Surveyors (CICES) and CIArb hosted the Manchester Lecture at the home of Lancashire Cricket, the Pavilion, Emirates Old Trafford.

The theme of the event was fact, fiction and collaboration with a specific focus on construction law, contracts, and dispute resolution.

The welcome address was provided by Jonathan Wood MCIArb, Chair of the Board of Trustees (CIArb), with talks by Rosemary Jackson QC of Keating Chambers, who provided an insight into her experiences of mediation in Cyprus, how she was able to gently help people see issues in an unbiased way and in turn helped those parties to collaborate and focus on the future to enable them to resolve their issues.

The welcome address was provided by Jonathan Wood MCIArb, Chair of the Board of Trustees (CIArb).

That was then followed by Oliver Gregory and Lauren Holland of the CICES 2040 forum, who set out the challenges for the future of the industry from a younger person’s perspective. They explained that the industry was struggling to recruit, paper heavy and focusing on out of date solutions. They demonstrated that the commercial function of the construction industry was slow to embrace change compared with other parts of the industry, and that technology should be embraced not to replace people but to complement them. They left the audience with the proposition that we need to reconsider contracts, data collection and IP. Perhaps more importantly as an industry we need to consider training up “Data Engineers” and consider collaborative Hackathons to resolve many of the issues within the industry. Finally, the audience was requested to support initiatives such as the DEC curriculum and STEM to ensure that there will be a new generation of construction professionals.

Andrew Singer QC MCIArb of Kings Chambers provided an excellent session acknowledging that collaboration is probably the furthest thing from parties' minds at the start of a dispute. However he reminded attendees of the benefits of collaboration in an ADR process, that parties were free to agree or vary the procedure in a collaborative way. The advantages of which were that parties retain control of the process and did not face the prospect of losing control of their destiny. Andrew used the example of his judgement in the case of A v B (2018) EWHC 3366 (TCC) to demonstrate the court's support for ADR process.

Professor Jason Underwood of the University of Salford provided a session titled Effective Collaboration to Deliver the Digital Built Environment. This talk provided a review of the industry, the need for improvement and the UK government’s commitment to improvement. Jason introduced the studies which determined that the transformation was mainly about sociology and that true collaboration is based upon trust, which, according to Rousseau et al (1998), is a ‘psychological state comprising the intention to accept vulnerability based upon positive expectations of the intentions or behaviour of another’. He introduced the audience to emotional intelligence (EI), interrelationships between the generations, their behaviours, and how different generations relate in the workplace.

The final session was delivered by Dr Franco Mastrandrea C.Arb FCIArb of HKA who explained the what, who, how and when of Causation in Delay claims. It was a challenging session, with lots of philosophical questions based upon simple scenarios, the answers were however much more complex!

The event was closed by Bill Pryke, CEO of CICES, who stated that there had been an excellent turn out and thanked all for attending and supporting the event.

The day provided an excellent example of collaboration between the two institutions and it is hoped that this and similar initiatives will be run again, not only in the North West but around the globe.

https://www.ciarb.org/news/manchester-lecture-2020/

The Manchester Lecture

richardtbarnes@hotmail.com (Richard Barnes) — Wed, 27 May 2020 07:58:59 GMT

The Manchester Lecture - A joint event with Chartered Institution of Civil Engineering Surveyors (ICES) and CIArb

Richard part of the team that successfully arranged a joint event between the Chartered Institution of Civil Engineering Surveyors (ICES) and CIArb in January 2019.

On 17 January 2019, the Chartered Institution of Civil Engineering Surveyors (ICES) and CIArb hosted an inaugural event, The Manchester Lecture, at Manchester Airport Marriott Hotel.

The theme of the event was Planes, Trains and Automobiles with a specific focus on construction law, contracts, Building Information Modelling (BIM) and collaboration within infrastructure projects.

The welcome address was provided by Richard Barnes, Chair of the CIArb North West Branch, with talks by Tony Bingham, who provided an insight into the best procurement system he had ever seen, followed by John Riches who gave an interesting talk on 'What I love about NEC4', which provided an interesting and reasoned rationale of some of the issues with the NEC form of contract.

A full detailed report can be found at:

https://ciarb.org/news/the-manchester-lecture/