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• 10/01/2012
• 21/12/2011

Building Regs to get red tape challenge

13/01/2012 10:46:16

Statutory construction regulations, including the Building Regulations, are to be made open to public scrutiny this month. They have just been released on the government's Red Tape Challenge website (www.redtapechallenge.cabinetoffice.gov.uk ). This is despite the fact that some parts of the Buildings Regs will be out for consultation in 2012.

The objective of this challenge is to reduce red tape to increase business efficiency, without compromising on safety. Housing, Construction and Planning is the latest sector featured on the website, allowing comment on regulations, from those it affects.

At the end of the consultation period, all comments will be forwarded to a "Star Chamber" chaired by Oliver Letwin, Minister of State for the Cabinet Office, where he and his team will decide upon which regulations need strengthening, and which should be abolished.

The common thought is that this will not have much effect on the existing regulations in the short term. The industry has threatened to radically change Building Regulations over the years but as yet we have only seen increased regulation, not de-regulation. Proposed revisions to the Building Regulations are expected in draft form early this year, to be implemented next year, in 2013.

Ensure your team is up to date with the Building Regulations, changes and proposals, with our one day course 'Keeping up to speed with the latest Building & Fire Regulations'.

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We get a lot of calls asking what a CDM Co-ordinator is, and can anyone do this role?

10/01/2012 08:14:27

As the CDM co-ordinator you hold a key position in respect of your construction project health and safety risk management matters.

The role is particularly suited to the designer, or those involved in the early stages of a project. Many health risks can be managed more effectively during the design phase, rather than later on during the construction phase. Health risks can be managed with the same basic principles that are used to manage safety risks. Some people find that it helps them to deal with health risks by thinking of them as "slow acting accidents". It is however important to recognise that in some cases health issues are less clear-cut than safety issues.

A great example of this is the one on the HSE website… ‘The effects of being struck on the head by a falling block of concrete are immediate and visible. There is no doubt what caused them. However if the same concrete block is cut up to produce clouds of dust containing respirable crystalline silica which is inhaled over a period of time, the possible resulting lung disorders (silicosis, emphysema or lung cancer) may not be seen for years. It may be difficult to tie the result back to the concrete block.

CDM Co-ordinators need to be able to prove that they are ‘competent’ in the role, and the level of competency will differ depending on the size of the project. Along with experience in construction management, the CDM Co-ordinator needs an understanding of the health and safety risks they’ll come across on a project. As a start we recommend you take a look at our ‘Becoming a CDM Co-ordinator’ course which discusses in depth the requirements and roles of a CDM Co-ordinator, and compliments further H&S training such as the NEBOSHH in Construction.

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Construction Act – verbal contracts now referred to in Adjudication

21/12/2011 16:27:34

One of the features of the amendments to the Construction Act contained within Part 8 of the Local Democracy, Economic Development and Construction Act 2009 is that section 107 of the old Act has been repealed. This means that it is no longer necessary for a contract to be wholly in writing or evidenced in writing in order for it to be referred to adjudication. So any new contract entered into from 1 October 2011 which is not fully recorded in writing could still be adjudicated on should a dispute arise in the future.

This had led many people to think that they can take their eye off the ball when preparing the documentation for contracts. In practice it has produced the opposite. The importance of making sure that everything that two parties wish to be contained in a contract is recorded has become even more important. If this is not done and either of those parties resorts to arguing terms which it says were agreed verbally then the parties will find themselves in a difficult area with an uncertain outcome. It is also an area which could significantly increase costs.

The only conclusion to draw therefore is that the change to the Construction Act actually makes it more imperative that contracts are properly recorded in writing in order to avoid expensive arguments from arising in future.

For more information on these issues please contact Michael Rowlinson on 01295 275075 or email him at michael.rowlinson@alway-associates.co.uk .

Make sure that you and your team are up to date with the changes by attending one of our contracts courses. For further details of the subjects that we are running in the New Year, please see our website or call 0845 3133 414 and we'd be happy to help. http://www.constructionstudycentre.co.uk/courses.asp


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