DISPUTE RESOLUTION SUPPORT SERVICES

LEN BUNTON FRICS FCIArb

Consultant

len.bunton@hardies.co.uk

Hardies Dispute Resolution Support Services

INTRODUCTION

Topics for Discussion

• Trends in the current market

• Procurement

• Construction Scotland Innovation Centre

• SBCC Contract Issues

• Cash flow issues

• Avoiding disputes

Trends in the market

• Increasing level of public and private sector opportunities

• Major projects coming forward – Buchanan Galleries, Glasgow, Burrell Museum, Glasgow, V & A Museum Dundee

• Are margins moving – slowly!

Procurement

• Scottish Government Procurement Review – 67 out of 68 recommendations

• End of 2016 – Scottish Government Procurement Guidance

• Standard procedures to be developed

• Streamline Procurement - including OJ’s

Construction Scotland Innovation Centre

Single point of entry to the innovation landscape

Help industry uncover the value that lies in innovating and empower ownership of innovation

Drive future demand for innovation by industry from within Scotland’s leading universities

Construction Scotland Innovation Centre

Better align public sector agency expertise & support

Encourage networking to develop partnerships and share challenges and disseminate information

Construction Scotland Innovation Centre

TAG 5 Themes

InfrastructureIndustry Lead – Steve Irvine (MD Laing O’Rourke)Academic Lead - Rod Jones (University of Dundee)

Design and PerformanceIndustry Lead – Matt Bridgestock (John Gilbert Architects)Academic Lead - Richard Laing (Robert Gordon University)

Construction Scotland Innovation Centre Advanced Construction and Building Fabric TechnologiesIndustry Lead – Andy Outram (Turner Townsend)Academic Lead – Sean Smith (Edinburgh Napier University)

Energy and ICTIndustry Lead – Lori McElroy (Architect Design Scotland)Academic Lead – Joe Clarke (University of Strathclyde)

Construction Scotland Innovation Centre

EnvironmentIndustry Lead – Richard Allan (Scottish Water / Hutton Institute)Academic Lead – Gary Pender (Heriot-Watt University)

Integrated Project Insurance

• 23 pilot schemes operating

• Eliminates risks

• Encourage collaborative working

• www./governmemnt/publications/integrated-project-insurance

SBCC Contracts 2015

• CDM Amendments 2015 published

• Homeowners Contract

• Framework Agreement published

• Constructing Excellence about to be published

• Update Minor Works about to be updated

SBCC Contracts 2015

• JCT Family of Contracts to be updated dutring 2015/2016

• Website being updated

• Subscription Service available

SBCC Contracts Website 2015

What are the benefits of SBCC online?o    You will be able to access the latest contracts.o    You can complete the documents on-line

(except the Home Owner contracts which you may only purchase online).

o    One complete, stand alone and project specific document is produced.

o    Documents are securely stored on-line in your "area".

o    You have 24 hour accesso    Unlimited printed copies of completed document

SBCC Contracts Website 2015

What are the differences compared to the previous purchase of paper copies?All the documents now being produced are complete integrated documents – the conditions are included and there are no inserts. You need only complete one set of forms on-line. These can be worked on in draft until the "tick" button is pressed. This freezes the document, which can then be printed out as many times as required. Subscription payments and document purchases are done on-line from your p.c.

SBCC Contracts Website 2015

What are the costs?The annual subscription is as follows:

Full SBCC Contract Suite - £99.00 + £19.80 VAT (£118.80)

Individual contracts are purchased on-line at the same charge as sold in bookshops. Subscribe via the website

What is the coverage? Only current contracts will be available. 

Cash Flow Issues/Avoiding Disputes

• Still a critical issue in the industry

• Issues over payless notices etc – recent case law – ISG v Seevic

• Agree a payment schedule with employer or main contractor, gives certainty of dates

• Provide fully detailed applications for payment

• Record additional works, sort out the paper trail

• Get sheets signed off on site

• Don’t do it if not instructed

• Keep good records, videos, photos

• Record time delays and disruption

• A poorly dated and unsubstantiated claim will not get off the ground

• It will fail in front of an Adjudicator

• Adjudication – is this last resort?

• A Decision does not mean you will get paid!!

• Enforcing decisions – how, cost, time etc

• Get good advisers around you

Dispute Resolution Strategies

• Negotiation

• Mediation

• Expert Determination

• Adjudication

• Arbitration

• Man of Skill – often appointed by the Court

• Expert Opinion