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30| CEF THE VOICE OF THE INDUSTRY IN NORTHERN IRELAND News in Brief... Guide on the new Department for Infrastructure published The reform of Northern Ireland Government Departments took place on Monday 9 May, with changes now in place taking the old 12 departmental model to 9 new departments. Perhaps the most important department from the construction industry’s perspective is the new Department for Infrastructure. Its functions include: Those of the old Department for Regional Development – Transport NI, Translink, NI Water Rivers Agency Strategic Planning and PlanningPolicy A fuller briefing document on the changes, including key contacts, is available via the Federation’s website. The Department’s new website can be accessed via: https://www. infrastructure-ni.gov.uk/ The full list of responsibilities of the nine new departments is available via: https://www. nidirect.gov.uk/articles/changesgovernment-departments For more information on Safe-T-Cert please speak to a member of the team on 028 9087 7154 or view the website www.cefni. co.uk/schemes/safe-t-cert. SIB launch BuySocialNI Brokerage website As part of the new BuySocialNI social clause model, SIB has now launched a Brokerage website. Through its ‘search’ function, contractors who have been awarded public contracts with Buy Social clauses can link with relevant organisations that can support them to deliver these clauses. The website can be accessed via: https://www.buysocialnibrokerage.org/ If you have any feedback on the website and its functionality, then please feel free to share with David Fry via: davidf@cefni.co.uk. New Northern Ireland Executive appointed and draft PfG published Late May saw the appointment of the new Northern Ireland Executive under its restructured nine departmental model. In addition, the Committee Chair’s and Vice Chair’s of all Northern Ireland Assembly committees have also been confirmed. The Federation will be extensively engaging will relevant Ministers, senior officials and Committee Chair’s/Vice Chair’s over the coming weeks and months – including meeting with the leaders of the new Opposition. In addition, the draft Programme for Government Framework has been published – a consultation on this has now commenced and will close on 22 July. The Federation will be making a detailed response to this and members will be asked for their views on it over the coming weeks. The full document is available via: https://www.northernireland.gov.uk/ consultations/draft-programme-government-framework-2016-21-and-questionnaire Federation engages with the Central Procurement Directorate In early June we were delighted to welcome Des Armstrong, Director of the Central Procurement Directorate (CPD), to the Federation’s office. Over an informal dinner, a number of industry-critical items were discussed including: • The Draft Programme for Government; • Margins within the industry; • The commissioning and pre-procurement processes for public sector capital projects and; • The further centralisation of procurement and delivery of capital projects With a new Northern Ireland Executive now in place, these themes will be of major focus for the Federation over the coming months. For further information, please email David Fry on davidf@cefni.co.uk Industry discusses the new BuySocial model with SIB and CPD Around 40 industry representatives recently took the time to listen to and question representatives of the Strategic Investment Board (SIB) and the Central Procurement Directorate (CPD) in respect of the new social clauses model for public sector construction contracts in Northern Ireland, BuySocialNI. The SIB presentation from the event is available for members via the Federation’s website. In addition, CPD are shortly to publish the final version of the reporting form that will be required to be completed as part of the new model once you are on a contract. This will be shared with members once it is available. Training events will be run on using the new reporting model – these will be in August and more information will be circulated in due course. As the new BuySocial model continues to evolve, it is vital that we continue to liaise with SIB and CPD in respect of the industry’s views and concerns. To do this, SIB has established a BuySocial Construction Industry Reference Group. This will meet quarterly with the next meeting due to happen at the Federation’s office on Tuesday 6th September at 2pm. A Terms of Reference for the Group is available for members to view via the CEF website. If you would like to attend then please email davidf@cefni.co.uk and a fuller agenda and papers will follow in due course.
Construction Regulations |31 law |61 The Construction (Design and Management) Regulations (Northern Ireland) 2016 Key tips to avoid the pitfalls of termination By Anna McClimonds, Solicitor, Cleaver Fulton Rankin’. The Construction (Design and Management) been raised. Namely, a project is notifiable if the construction work BY AnnA McCliMonds, soliCitor, Regulations (Northern is CleAver scheduled Fulton last longer rAnkin than 30 Ireland) 2016 are due working days and have more than Construction to come into operation contracts 1. 20 Whether workers you simultaneously have a right toor if it on 1 August often include 2016 and exceeds terminate 500 in person the circumstances days; and will revoke a termination the 2007 whether the circumstances you are provision Regulations. allowing parties The relying exemption upon can from be proved. client duties to terminate a contract for domestic clients has been in The certain 2016 CDM circumstances Regulations are 2. removed; Ensure your and right to terminate by intended giving to protect written persons notice. from The exists Approved at the time Code you of issue Practice the Alongside health and safety a contractual risks arising is termination replaced with notice straightforward and the other right from construction to terminate, work the through guidance. party has not remedied its default. parties the establishment also have of a a systematic common framework law for managing right to risk. They 3. For Compliance the purposes with all of requirements the CDM terminate are intended for to be repudiatory shorter and Regulations, set out in the the contract. following key breach substantially i.e. simpler a sufficiently in structure questions should be considered serious than the 2007 breach Regulations of contract and will 4. at Caution the commencement must be taken where of any or place demonstrating greater obligations an in respect construction there is a two work: stage notice intention of health and not safety to be on bound those for by whom the a contract. project is carried out and also The their 2013 design High Court and construction case of Vivergo team. Fuels Ltd v Redhall Engineering Solutions Ltd [2013] EWHC 4030 (TCC) The key highlights changes the problems a party implemented can face when by exercising the 2016 its CDM right to Regulations terminate. In particular, are: it deals with the situation where another The Regulations party challenges will apply the validity to all procedure to ensure the notices Do are the connected works in fall both within content and the definition time. of “construction work”? 5. The notice must be clear and “Construction unambiguous. Consider work” is the broadly defined following under when Regulation drafting a notice: 2(1) as “the carrying out of any building, • civil Title engineering the document or as engineering a notice, construction although a letter works”, may with suffice specific as a to every designer and contractor appointed, or being considered for appointment; Ensuring that: the contractor (if there is only Pursuant to Regulation 5, where there is more than one contractor working on a project at any one time, or if it is reasonably foreseeable there will be more than one, the client is required of clients a termination of construction notice and projects, claims examples warning notice of such in works certain provided. one) or the principal contractor to appoint in writing as soon as that whether termination or not a person is itself a is acting circumstances. draws up a construction phase reasonably practicable, and in any repudiatory in the course breach of or entitling furtherance them of Who is the “client” and plan before the construction event, before the construction to a business; terminate the contract and claim • what Specifically are state its duties? in the notice that it phase begins; phase begins: damages. is intended to be a warning/ A designer with control over The The CDM basic co-ordinator rule for service role of has “Client” termination is defined notice; as and “any person the principal designer prepares the pre-construction phase as a been termination removed, notice with is that various all duties for whom a project is carried a health and safety file for the principal designer; and contractual recast, including requirements client duties must and • out”, Refer with to the Regulation contractual 4 providing clause the project. A contractor as principal be general strictly duties; complied with. As Lord for notice the specific is given under client and duties. mirror These Taking reasonable steps to ensure contractor. Hoffman said in Mannai Investments include: the wording of that clause. that the principal contractor and Co The Ltd client v Eagle is required Star Assurance to appoint “If the principal designer comply with Is the project notifiable? clause a principal had said designer that the as notice well as had Making In terms suitable of interpreting arrangements notices, for against the relevant background • Immaterial errors will be ignored if to any relevant duties stated in a principal be on blue contractor paper, it would in any have the managing following a project, principles including laid down the or context known to both Regulations 11 to 14. Pursuant the notice to unambiguously Regulation 6, a delivers project been project no where good serving there a is, notice or it on in is allocation Vivergo Fuels of sufficient v Redhall Engineering time and parties. is notifiable the purpose; to and the Executive in pink reasonably paper, however foreseeable clear it that might Solutions there resources; Ltd should be considered: writing as soon as practicable have Regulation 8 also provides further will be, been more that than the [party] one contractor wanted to • The notice must be sufficiently before • In the the context construction of clauses phase which terminate.” • general health and safety duties working on the project; Ensuring Unilateral the notices above are arrangements to be clear and unambiguous and leave begins require if the a warning construction notice followed work The following points should be interpreted in the same way as and roles. are maintained and reviewed the receiver in no reasonable lasts by longer a termination than 30 notice, working the two days considered before exercising a right contractual documents. That is, they The duty to notify a project throughout the project; doubt as to how and when the and notices has more must be than connected 20 workers both in to terminate: are to be looked at objectively, now lies with the client and the Providing pre-construction Does notice a is principal intended to designer operate. working content simultaneously, and time. or exceed threshold for notification has information as soon as practicable and principal contractor 500 person days. need to be appointed? Cleaver Fulton Rankin’s market-leading team of lawyers deliver comprehensive commercial and practical advice, designed to achieve the most cost efficient result, to a diverse range of corporate clients. The Construction Team at Cleaver Fulton Rankin specialises in providing advice across the spectrum of non-contentious matters such as drafting and advising on building contracts, appointments, bonds, novation agreements and collateral warranties. If you would like further information or to find out how we can help you please give us a call on: 028 9024 3141 or visit our website: www.cfrlaw.co.uk
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Page 3 and 4: Comments|03 PAT BURNS Editor Paul B
Page 5 and 6: contents |05 CALDWELL CONSULTING: P
Page 7 and 8: 06| digest digest |07 HAGAN Harvey
Page 9 and 10: 06| digest digest |09 MD AT CTS PRO
Page 11 and 12: LATCHWAYS CONSTANT FORCE ® POST Co
Page 13 and 14: Brett Martin |13 BRETT MARTIN CLICK
Page 15 and 16: Showstopping daylight (and nightlig
Page 17 and 18: digest |17 CLOUD OFFSITE CONSTRUCTI
Page 19 and 20: RSUA Design Awards |19 About: This
Page 21 and 22: PRONET SAFETY SERVICES ‘Authorise
Page 23 and 24: John Simpson Top 100|23 been sharpl
Page 26 and 27: 26| Graepels Perforated Sunshades:
Page 28 and 29: News in Brief... Focus on Corporati
Page 32 and 33: 32| Flexible finance Positive winds
Page 34 and 35: 34| RICS Awards Queen’s Universit
Page 36 and 37: 36| RICS Awards THE INDUSTRY CAN’
Page 38 and 39: “Success for a hire company is al
Page 40: 40| Fleet Financial Fleet Financial
Page 43 and 44: Fifty years of creating spaces and
Page 45 and 46: SUSTAINABILITY & ENVIRONMENT Caldwe
Page 47 and 48: LIGHTING DESIGN CONSULTANCY Much of
Page 50 and 51: Congratulations and best wishes to
Page 52 and 53: David Patterson and Mark Taylor. Sa
Page 54 and 55: Rufina Cormick, Grainne Sheppard an
Page 56 and 57: ConCrEtE ConCrEtE FIrE & SECUrItY G
Page 58 and 59: RECRUitmEnt safEty safEty washROOm
Page 60 and 61: web directory www.wilplas.com Siobh
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Page 66 and 67: 66| Interview Murphy’s Law Specif
Page 68: FIBRAPAN TOTAL solutions in wood Th

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