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The Journal of the Chartered Institution of Civil Engineering Surveyors

CIVIL ENGINEERING SURVEYOR

Responsible Procurement
September 2014

PFI

Monitoring Crossrail

Aero-Graphics

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Da
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Flood Plain LiDAR

Mobile Mapping
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e
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men

YYoou
o r sourcce ffor

Geospatitial
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u ope
is a confeerenc
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foocused onn end-to-end business
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September
Contents
Regulars

Features

05. Presidents Foreword

21. Responsible procurement:


Collaborative civil engineering

07. ICES regions

Liane Hartley, Mend

13. News

25. Project management failure:


The 1976 Montreal Olympics

19. Legal Q&A

Sean Brady, Brady Heywood

40. Events

28. Moving monitoring forward


Steve Thurgood

44. Social network


46. Profiles
47. Classifieds/Where to buy
48. Subscriptions
49. Recruitment

MCInstCES,

Costain Skanska JV

35. PF2 and the aggregator: The new kid in


PFI town
Chris Hallam

FCInstCES,

Pinsent Masons

37. BIM: Driving internal change


Ivan Hurst

MCInstCES,

Ivan Hurst Consulting

39. Dos and donts in the US P3 market


50. Training dates

Joanna Horsnail and Rachel Smith,

Cover shot: Responsible procurement. Are we


reflecting the complicated, messy and diverse
world we live in in the built environment?
Article pp21. Image Mend.

Mayer Brown

41. Get with the programme


Matt Danby, MBM Consulting

Edited, designed and produced by ICES Publishing


Operations Director and Editor in Chief: Darrell Smart BEng
dsmart@cices.org Tweet @darrellsmart
Deputy Editor of Publications: Abigail M Tomkins BA (Hons)
atomkins@cices.org Tweet @amtomkins
Media Sales Manager: Alan Lees
alees@cices.org Tweet @alan_lees
Administrator: Joanne Gray
jgray@cices.org
Editorial Intern: Angus Quinn
Tweet: @Angus_Quinn17
www.cices.org www.surco.uk.com
ICES Publishing is operated by SURCO Limited, a subsidiary of the
Chartered Institution of Civil Engineering Surveyors
Dominion House, Sibson Road, Sale, Cheshire M33 7PP
United Kingdom
+44 (0)161 972 3110 www.cices.org
President: Alan Barrow FCInstCES MRICS
Honorary Secretary: AH Palmer FCInstCES
Chief Executive Officer: Bill Pryke
Civil Engineering Surveyor is published monthly by the Chartered
Institution of Civil Engineering Surveyors. Statements made and
opinions expressed in this publication do not necessarily reflect
the views of the institution, its Council of Management or other
committees. No material may be reproduced in whole or in part
without the written permission of the publisher. All rights
reserved.
CES October 2014 will feature digital imaging.
Copy date: 14 September 2014. Please note that this date applies
to news, calendar items and letters. Articles, reviews and other
lengthier contributions inevitably require a longer lead in time.

ces.digitalpc.co.uk

linkedin.com >Chartered ICES

twitter.com/CharteredICES

facebook.com/CInstCES

instagram.com/charteredices

chartered.ices

Civil Engineering Surveyor is printed using PEFC-certified paper as part of the institutions commitment to promote sustainable forest management.
Printed by Buxton Press Limited, Palace Road, Buxton, Derbyshire SK17 6AE. 2014 Chartered Institution of Civil Engineering Surveyors. ISSN 0266-139X

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tel UK: 0845 603 1214 IRE: 01 456 4702

/&3-/)*

26(564.(3%1',!4

Leaving ICES in a leading global position

N my last column, I spoke of the success of the GEO Business


conference and exhibition in London, where the surveying
community came together in the UK for the very first time in
May of this year. An equally significant event in the
surveying calendar took place in Kuala Lumpur in
June. I am referring to the 25th congress of FIG, the
Federation Internationale Geometres or, in other
words, the International Federation of Surveyors.
AKA the international surveying community.
The congress is held every four years. In
Kuala Lumpur we saw more than 2,500
delegates representing surveying bodies from
more than 100 countries. FIG was originally
formed to share experiences, knowledge and
best practice among surveyors practising all
over the world. It might, perhaps, be argued
that this could now be done more
effectively in an electronic age over the
internet. Undoubtedly this would be true
were an exchange of technology the only
aspiration but there is much more
purpose to FIG than that. FIG provides the
international surveying community with a
platform of credibility, gravitas and status
from which it can lobby and influence
governments on the role that surveyors can
play in better managing our biggest natural
asset; the planet we live on.
Between each congress, FIG has ten
working commissions that provide the
technical input to support the various
surveying sectors. These sectors cover the fields of
standards and practice; education; spatial
information management; hydrography; positioning
and measurement; engineering surveys; cadastre and
land management; spatial planning and development;
valuation and management of real estate; and construction
economics and management.
The work of the commissions was in action in the
workshops that are an integral part of the congress week.
We, at ICES, have at times chaired Commission 10
(construction economics and management) through Andrew
Morley and Commission 6 (engineering surveying) through

Gethin Roberts. So, quite apart from


lobbying governments and being a voice
for surveying all over the world, FIG
offers an opportunity for this institution to
share its own aspirations and develop and
elevate the profession of surveying on the
world stage.
This year our CEO Bill Pryke and
myself attended FIG and, together with
the Royal Institution of Chartered
Surveyors, we made up the UK
contingent. The opportunity to network
was not lost with many contacts being
made and many new and exciting
international friendships established of
which you will become aware of in
months to come and which will open up
opportunities for our members worldwide.
Organised by PEJUTA (the body of
authorised land surveyors in Malaysia)
and held at the KL Convention Centre in
the shadow of the iconic Petronas Towers,
the congress was a model of how such a
meeting should be organised. By way of
explanation, the surveying profession in
Malaysia is served by two bodies. PEJUTA
is the professional body for land
surveyors and the Royal Institution of
Surveyors Malaysia (RISM) is the
professional body for building, quantity,
valuation, estate and land surveyors. Many
surveyors in Malaysia are members of
both bodies.
The highlight of the week for me was
when I was invited to present certificates

26(564.(3%1',!4
.6'"

The world has indeed become


smaller or is it that we and the
institution are continuing to
grow in stature?

%5+5'3$40546625403#,2+6"12

of fellow membership of ICES to the


president of PEJUTA and nine other
members at RISMs AGM. As I write this
column, our new members are in Hong
Kong receiving instruction from our chief
examiner Ian Cowling and will eventually
form the review panels for future ICES
members in Malaysia and Asia.
I am particularly proud that the
president of PEJUTA himself, Mohammad
Azmi Mohd Zin, has accepted to be the
chairman of the new ICES Malaysia. I am
humbled even by the fact that our paths
have come together again, after Azmi and
I were both taught by the same lecturers
at the same London college so many years
ago. The world has indeed become
smaller or is it that we and the institution
are continuing to grow in stature?

Farewell
This is my last column as president and I
would like to thank you all for the
support and encouragement that I have
received. In particular, I would like to
thank Bill Pryke and his staff at Sale.
Hopefully you have not heard the last
from me, but I assure you that you will be
in good hands with incoming president
Ian Bush. I extend my best wishes to Ian
and trust that he will enjoy the presidency
as much as I have.
Alan Barrow, President
president@cices.org

Lately... We met with government minister Ken Clarke to discuss issues for SMEs when conducting business in the EU. We attended
the International Federation of Surveyors (FIG) congress in Kuala Lumpur. We met with the new president of the Royal Institution of
Chartered Surveyors, Louise Brooke Smith. We congratulated Diane Dumashie in her role as new FIG vice president. We went to the
Survey Schools graduation day in Worcester. We attended the University of Salfords prizegiving ceremony. We were at the launch
of the PAS 128 specification for underground utilities. We held membership surgeries for staff at Carillion and Bridgeway Consulting.
We had a working lunch with Topcon. We met with our mailing house to talk about how CES gets on your doorstep each month.
We met with Balfour Beatty, Kevan Witt Associates and Murphy Group to discuss membership and development schemes. We spent a day
at Emirates Old Trafford for the Manchester Chamber of Commerce Construction Summit. We welcomed Angus Quinn to Dominion
House as editorial intern at ICES Publishing. We visited CES printers Buxton Press and chatted about all things print and digital.
We discussed feedback from Mays GEO Business and plans for 2015s show. We visited incoming ICES president Ian Bush to chat
about his new role. We met the new Leica Geosystems press team. We proudly watched our members work being showcased on
the BBC in The Fifteen Billion Pound Railway. We reached over 1,200 followers on Twitter, over 2,600 members on our Linkedin
group and over 800 likes on our Facebook page. Weve been busy arranging Octobers Cambridge Lecture on NEC3. We continued
discussion with the Engineering Council and Institution of Civil Engineers on our bid to offer chartered engineer status. We offered
our support to SPAR Europe and the European LiDAR Mapping Forum. We have been looking at venues for the 2015 ICES Dinner. We
secured the Blond String Quartet for this months ICES Dinner. We began work on the Continuing Professional Development in
Construction (Highlands and Islands) Jim Attwood Lecture, to be hosted by ICES Scotland in November. We accredited new courses
at the University of West London. We set up approved development schemes for Colas Rail and Wessex Water. We held membership
surgeries in Sale, London and Cambridge. We met with ICES Yorkshire chair Neil Harvey to talk about events in the region. Its
been busy...

/&3-/)*

%$#360514(

ICES Anglia & Central

Head Office
Dominion House, Sibson Road, Sale,
Cheshire M33 7PP, United Kingdom
+44 (0)161 972 3100 www.cices.org
CEO: Bill Pryke  bpryke@cices.org
Professional Development & Membership Manager: Paul Brown
 pbrown@cices.org
Membership Officer: Juliette Mellaza  jmellaza@cices.org
Regions & Administration Manager: Serena Ronan  sronan@cices.org
Senior Administrator: Anne-Marie ONeill  aoneill@cices.org
Administrator: Louise Whittaker  lwhittaker@cices.org
Legal Advice
A legal hotline is available free of charge to ICES members from the
institutions advisory solicitors.
Advisory Solicitors
Jeremy Winter  +44 (0)20 7919 1000
 Jeremy.Winter@bakermckenzie.com
Jonathan Hosie  +44 (0)20 3130 3343
 jhosie@mayerbrown.com
Committees
ICES committees and panels are available to receive member queries.
Commercial Management Practices Committee
Chair: David Kyte  cmpc@committees.cices.org
Contracts & Dispute Resolution Panel
Chair: Steve Williams  cdrp@committees.cices.org
Education, Professional Development & Membership Committee
Chair: Steve Jackson  epdm@committees.cices.org
Finance & General Purposes Committee
Chair: Chris Birchall  fgp@committees.cices.org
Geospatial Engineering Practices Committee
Chair: Chris Preston  gepc@committees.cices.org
International Affairs Committee
Chair: Mike Sutton  iac@committees.cices.org
ICES Network
Chair: Alex Maddison  network@cices.org
Regions
ICES Anglia & Central
Chair: John Elven  john.elven@btinternet.com
Secretary: Gordon Clarke  gordon@collinsprojectdelivery.co.uk
ICES  www.cices.org/anglia-central
ICE  www.ice.org.uk/eastofengland
ICES Eastern & Midlands
Chair: Derek Spalton  d.spalton@derby.ac.uk
Secretary: Lukasz Bonenberg  Lukasz.Bonenberg@nottingham.ac.uk
ICES  www.cices.org/eastern-midlands
ICE  www.ice.org.uk/westmidlands www.ice.org.uk/eastmidlands
ICES Hong Kong
Chair: Michael Wong  michael.wong@leightonasia.com
Secretary: Ralph Leung  ices.ralphlcw@gmail.com
ICES  www.cices.org.hk
ICE  www.ice.org.uk/hongkong
ICES Ireland & Northern Ireland
Chair: Ken Stewart  Ken.Stewart@dfpni.gov.uk
Secretary: Ciaran Bruton  ciaran.bruton@osi.ie
ICES  www.cices.org/ireland
ICE  www.ice.org.uk/ireland www.ice.org.uk/northernireland
ICES Northern Counties
Chair: Steve Aspinall  steve@evanspiling.co.uk
Secretary: George Bothamley  George.Bothamley@costain.com
ICES  www.cices.org/northern-counties
ICE  www.ice.org.uk/northeast
ICES North West & North Wales
Chair: Mark Hudson  markhudson@coastway.net
Secretary: Jennii Chadwick  Jennii.Chadwick@BAMNuttall.co.uk
ICES  www.cices.org/north-west-north-wales
ICE  www.ice.org.uk/northwest www.ice.org.uk/wales
ICES Scotland
Chair: Bob MacKellar  rmackellar@yahoo.co.uk
Secretary: Mark Shaw  mark.shaw@echarris.com
ICES  www.cices.org/scotland
ICE  www.ice.org.uk/scotland
ICES South East
Chair: Eric Zeeven  eric.zeeven@cwcontractors.com
ICES  www.cices.org/south-east
ICE  www.ice.org.uk/london www.ice.org.uk/southeast
ICES South West & South Wales
Chair: Mark Phillips  Mark.Phillips@electricityalliance-sw.com
Secretary: Steve Lailey  steven.lailey@skanska.co.uk
ICES  www.cices.org/south-west-south-wales
ICE  www.ice.org.uk/wales www.ice.org.uk/southwest
ICES UAE
Chairman: Dhammika Gamage  dhammika.gamage@alnaboodah.com
ICES  www.cices.org/uae
ICE  www.ice.org.uk/nearyou/Middle-East/United-Arab-Emirates
ICES Yorkshire
Chair: Neil Harvey  neil.harvey@metsurveys.com
Secretary: Matthew Lock  matthew.lock@korecgroup.com
ICES  www.cices.org/yorkshire
ICE  www.ice.org.uk/yorkshire

08 OCT 14: The Cambridge Lecture


Menzies Hotel, Cambridge, 9am-5pm, 67.50
Bookings: www.cices.org/cambridgelecture
For this prestigious event, ICES A&C has
joined forces with the East Anglia Branch
of the Chartered Institute of Arbitrators in
hosting a full-day seminar on the benefits
and pitfalls of the NEC3 form of contract.
The Cambridge Lecture will look at the
NEC from a balanced reasoned
perspective and address issues such as the
perceived bias of the project manager, the
proper use of early warnings and
compensation events, CL31 programming
requirements, how the NEC deals with
extreme weather and impossibility, and
also the use (and perhaps misuse) of Z
clauses. Speakers include Dr Martin
Barnes, Peter Barnes, Glenn Hide, Robert
Horne, John Riches. Ticket price includes
lunch and refreshments.

ICES Eastern & Midlands


16 SEP 14: Concurrent delay; legal and
programming issues
Weightmans, Birmingham, 6pm for 6.30pm
Bookings: www.cices.org/eastern-midlands/
ICES E&M presents a one-hour seminar in
conjunction with Weightmans Solicitors and
DGA Construction Consultants. The
seminar will address wide and narrow
definitions of concurrent delay; what the
law says; the roles for first in time or
dominant delay; apportionment when both
parties are at fault; and retrospective and
prospective approaches in delay analysis. A
light buffet will be served.

ICES North West & North Wales


08 SEP 14: Committee meeting
ICES HQ, Sale 6pm for 6.30pm
17 SEPT 14: Liverpool LEP 230m Local Growth
Plan Outline
DWF LLP, Liverpool, 6pm-7.30pm
Bookings: www.cices.org/north-west-north-wales/
ICES NWNW with the North West
Construction Infrastructure Alliance is
holding a free event on ambitious plans for
Liverpool and their potential impact on
future workloads and opportunities. Robert
Hough, chair of Liverpool City Region LEP,
will outline the vision of unlocking the
regions potential to drive economic growth
and job creation both nationally as well as
locally via key strategic projects. Light
refreshments will be available from 6pm.
23 SEP 14: Concurrent delay: The legal approach
and the delay experts approach
Weightmans, Manchester, 5.30pm for 6pm
Bookings: www.cices.org/north-west-north-wales/
A one-hour seminar in conjunction with
Weightmans Solicitors and DGA
Construction Consultants. The seminar will
address wide and narrow definitions of
concurrent delay; what the law says; the
roles for first in time or dominant delay;
apportionment when both parties are at

fault; and retrospective and prospective


approaches in delay analysis. A light buffet
will be served.
21 OCT 14: Good faith
Pinsent Masons, Manchester, 6pm for 6.30pm
Bookings: www.cices.org/north-west-north-wales/
An evening seminar with buffet. Sian
Hughes and Andrew Batty will cover how
the courts are interpreting good faith
provisions increasingly found in
construction contracts and the lessons to
be learnt.
03 NOV 14: Committee meeting
ICES HQ, Sale 6pm for 6.30pm
18 NOV 14: Update on recent case law in the
construction industry
Eversheds, Manchester, 6pm for 6.30pm
Bookings: www.cices.org/north-west-north-wales/

ICES Scotland
First Tuesday of each month: Committee meeting
Forthbank Stadium, Stirling
7.30pm
Bookings: www.cices.org/scotland/
Reception will direct attendees to the
conference suite in use. Complimentary
refreshments provided. All welcome.
16 SEP 14: Public sector property asset
management
EC Harris, Edinburgh, 6pm for 6.30pm
Bookings: www.cices.org/scotland/
Graham Hill will discuss best practice
guidance on current issues relating to
public sector asset management, covering
improving public sector assets and reducing
costs; optimising public sector property
management; strategic best practice;
changes to property assets; collaboration
and public sector property vehicles.
Refreshments available.
30 SEP 14: Expert witness
MacRoberts, Glasgow, 6pm for 6.30pm
Bookings: www.cices.org/scotland/
Shona Frame will discuss the use of
experts. She will also cover the use of
court appointed experts/technical
assessors; guidance to experts from court
rules, case law and professional bodies;
types of evidence sought from experts
in construction cases; the courts approach
to weight and influence of expert
evidence and dos and donts. Tea and
coffee on arrival. Wine, nibbles and
networking afterwards.
21 OCT 14: How to start your own business
Risk, compliance and planning
Young & Partners, Dunfermline, 6pm for 6.30pm
Bookings: www.cices.org/scotland/
Ruth Waters will give an informal and
practical talk on how to start your own
business covering clear guidance on
specifics to save time and money at the
outset; choosing between companies,
partnership and LLP; the rights and
duties of owners and managers;
managing compliance; minimum
documents and information to get started;
creating simple employment documents;



and the basics when contracting with


customers and suppliers.
23 OCT 2014: Forth Road Crossing
Forth Road Crossing Contact and Education Centre,
9.30am to 12.30pm
Bookings: www.cices.org/scotland/
Cost: 5
An introduction to the new bridge
construction project will include a look at
some of the engineering surveying
solutions that are being used to help
construct the towers and control the deck
launch. Innovative positioning solutions
have been developed in partnership with
Trimble to overcome the continuous
movement within the bridge structure as it
is being built. A site visit to the construction
areas will follow. The event will be hosted
by Ronan Hayes, survey manager, Forth
Crossing Bridge Constructors. Full PPE
(hard hat, glasses, hi-vis jacket, gloves &
steel toe-cap boots) is necessary. Numbers
will be limited, book early.
04 NOV 14: Concurrent delay
Weightmans, Glasgow, 6pm for 6.30pm
Bookings: www.cices.org/scotland/
Stuart Macfarlane will address wide and
narrow definitions of concurrent delay;
what the law says; the roles for first in
time or dominant delay; apportionment
when both parties are at fault; and
retrospective and prospective approaches
in delay analysis.
19 NOV 14: The pen is mightier than the sword:
Effective business writing
Maclay Murray & Spens, Edinburgh 6pm for 6.30pm
Bookings: www.cices.org/scotland/
This seminar will cover improving business
writing to get maximum impact and convey
messages effectively. The seminar will be
presented by Kirsti Olson and Nicole
Hatch. Refreshments provided.
20 NOV 14: Jim Attwood Memorial Lecture:
Unmanned aerial vehicles
Inverness Town House, Inverness, 7pm
Bookings: www.cices.org/scotland/
Organised in conjunction with the
Continuing Professional Development in
Construction (Highlands & Islands) Group.
Stuart Thomas from Cyberhawk will deliver
the lecture.
27 JAN 2015: Fitness for purpose
CMS Cameron McKenna LLP, Glasgow,
6pm for 6.30pm
Bookings: www.cices.org/scotland/
Following the much talked about case of
MT Hjgaard a/s v E.ON Climate &
Renewables UK Robin Rigg East Limited &
others 2014 Jane Fender-Allison, senior
associate, CMS Cameron McKenna, will
discuss if compliance with an industry
standard limits a fitness for purpose
obligation. Complimentary refreshments
provided. This event is free and open to all.
10 FEB 2015: Lean management thinking
Scottish Enterprise 6pm for 6.30pm
Bookings: www.cices.org/scotland/
Since 2003 Scottish Enterprise has been
supporting companies with its participation

in the lean management thinking (LMT)


programme. LMT is now one of Scottish
Enterprises most successful offerings; more
than 350 companies have taken part in this
programme generating over 33m of
business improvements. The talk will cover
improving profitability, development of a
new business culture, motivating staff and
learning though improvement networks.
Complimentary refreshments provided.
31 MAR 2015: What should experts expect in
mediation?
CMS Cameron McKenna LLP, Glasgow,
6pm for 6.30pm
Bookings: www.cices.org/scotland/
Jane Fender-Allison, senior associate, CMS
Cameron McKenna, will consider mediation
from the angle of experts (rather than the
parties), what their experience will be,
expectations on them and top tips.
Complimentary refreshments provided.
21 JUL 2015: HR for professionals: Employment
law in real life
Young & Partners LLP, Dunfermline,
6pm for 6.30pm
Bookings: www.cices.org/scotland/
The presentation will cover the basic rules
for every employee including
commencement, sickness, pensions,
discipline and dismissal; TUPE in legal
actions (including when its unexpected);
government reforms; employees rights to
make claims; managing TUPE transfers in
solvent and insolvent transactions; the cost
of litigation for employer and employee.
Complimentary refreshments provided.
18 AUG 2015: Cross border business UK, Europe
and international contracts
Young & Partners LLP, Dunfermline,
6pm for 6.30pm
Bookings: www.cices.org/scotland/
The event will outline common mistakes in
cross border contracts; managing change in
existing contracts; expanding domestic
relationships across borders; client case
studies; an overview on some of the
common contract shortcuts (including
INCOTERMS) in international trade; dispute
management and arbitration.
Complimentary refreshments provided.

ICES South East


11 SEP 14: Major tunnel construction
University College London, London, 6pm
Bookings: www.cices.org/south-east/
Christopher Chew, Atkins chief tunnelling
engineer, will provide an insight into some
of the key aspects and considerations
related to planning the delivery of major
tunnels.
24 SEP 14: Concurrent delay
Weightmans, London 5.30pm for 6pm
Bookings: www.cices.org/south-east/
A talk covering the legal approach and
delay experts approach to concurrent
delay. Refreshments will be served.
23 OCT 14: Surveying the Somme update
University College London, London, 6pm

 

Bookings: www.cices.org/south-east/
A talk by the La Boiselle Study Group.
04 NOV 14: Reform of the CDM Regulations
University of West London, London, 6pm
Bookings: www.cices.org/south-east/
This event is planned in anticipation of the
release of the final post consultation
regulations. UWLs Andrew Thompson will
focus on the new function of the principal
designer within a civil engineering project.
06 NOV 14: Thames Tideway Tunnel
Pinsent Masons, London, 6pm
Bookings: www.cices.org/south-east/
Phil Stride, head of the Thames Tideway
Tunnel, will talk about the project to build
a 25km sewer under the River Thames,
which will prevent tens of millions of
tonnes of untreated sewage discharging
into the tidal river every year.
13 NOV 14: Infrastructure Information Service
Union Jack Club, London, 6pm 8-12
Bookings: www.cices.org/south-east/
A live demonstration of the RICS
Infrastructure Information Service, a
single point source for infrastructure
cost information. A joint event with RICS
and CIOB.
06 JAN 15: BIM is more than buildings
UWL, London, 6pm
Bookings: www.cices.org/south-east/
A joint ICES/CIOB event. James Kavanagh
will explore the central role of the surveyor
within the BIM lifecycle; how a consistent
measured survey specification and spatial
accuracy is at the heart of BIM model
integrity (during all stages); and how the
centralised communication and data
transfer aspects of BIM may be the biggest
cultural hurdles to overcome.

ICES South West & South Wales


09 SEP 14: The difficulties with flood risk
forecasting
Atkins Hub, Almondsbury 6pm
Bookings: www.cices.org/south-west-south-wales/
Dr Thomas Kjeldsen, senior lecturer,
University of Bath, will outline how
flooding leads to substantial costs to people
and to the economy through impacts on a
wide range of commercial sectors, as well
as the displacement of individuals and
damage to infrastructure. There have been
significant advances in flood risk estimation
and in flood forecasting but flooding
remains a prominent natural hazard. This
talk gives an overview of the difficulties
with flood prediction and risk assessment
and the pertinent factors at work. A buffet
will be served.
21 OCT 14: Underwater LiDAR
Plymouth University, Plymouth, 6pm
Bookings: www.cices.org/south-west-south-wales/
A joint event with Plymouth University
Hydrography Department. Andy
Waddington will talk about underwater
LiDAR and the principles of hydrography.
Buffet provided.
www.cices.org/regions

Cambridge Lecture
NEC3 Benefits and Pitfalls
8 October 2014, Cambridge

Featuring
Dr Martin Barnes CBE
Founder and creator, NEC

Peter Barnes
Director of Blue Sky ADR

Glenn Hide
Community Director, Built Intelligence

Robert Horne
Partner, Trowers & Hamlins Solicitors

John Riches
Managing Director, Henry Cooper Consultants

Tickets: 67.50 (inc VAT)


Lunch and refreshments provided
Book online: www.cices.org/cambridgelecture

9.00am-5.00pm
Wednesday 8 October 2014
Menzies Hotel, Bar Hill, Cambridge
The Chartered Institution of Civil Engineering Surveyors is a registered educational charity.

Organisers
Anglia & Central

East Anglia Branch

)/

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Health and safety overkill: Too much is unhealthy


Just as the UK has become increasingly deluged in EU-led red
tape, stifling legislation and undemocratically imposed laws, so
another aspect of foreign intervention, that of the ever-evolving
health and safety rules and initiatives, are taking a swinging ball
through our civil engineering and construction industries. Having
recently returned to operational activities in the asphalt surfacing
sector I with some 38 years experience in the industry have
been amazed at the quantum change in culture on construction
sites today in 2014. Imposed by the EU, but not practiced there,
no one seems to actually be bothered about actually building the
job anymore!
Our industry has always involved long working hours and early
mornings are the norm, but today in 2014, it is absolutely essential
to be on site even earlier because it takes about half an hour to
tog-up with all the gear one is compelled to wear. A whole subindustry has been created so as to fit out construction site workers
with the accoutrement that is now so requisite. It is akin to a kind
of fashion show these days and it is not just hard hats, but gloves,
glasses, ear plugs, nose plugs and goodness knows what other
kind of plugs and fancy footwear. The list is endless and the cost
is huge.
Then there is the endless health and safety related admin work.
On a site in Buckinghamshire this week, I noted at one point that
the site engineers spent more considerable time discussing admin
points, such as site personnel inductions, than any matters relating
to the project itself which, incidentally, is to build much needed
housing! Yes, we are building something but not until all the
paperwork is done and then more created to sign off something to
say they have already signed-off something else!
Exterminate
The industry is unrecognisable in many ways, to that which I
entered in late 1976. Whole departments are dedicated to health
and safety and their officers have wide-ranging powers. Whole
regiments of these people can parachute onto sites and pretty

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much everything grinds to a halt thereafter as every grain of dust is


inspected, papers searched and shuffled as any transgressions are
zealously sought out. The script writers of Doctor Who would be
hard pressed to match this lot, who might not be directly
compared to the Daleks robotic intonation of Exterminate! for by
definition, this would be a somewhat unsafe procedure. Perhaps
the Safeleks might be inclined to threaten in a like-manner of you
will be inducted, you will be induuuucted!
Health and safety and the application thereof has always been a
matter of applying common sense and quite frankly, the most
effective way this can be effected is by looking out for your
colleagues and fellow workers. Many is the time on motorway,
highway and airport sites, I have warned those under my charge to
watch out trip hazard or mind your head and other such
straightforward applications of safety awareness.
With stifling counter-productive procedures now in place,
building the job has become a very much secondary consideration.
The old saying reminds us that Rome wasn't built in a day; well, if
a modern day Rome was to be built in 2014 it might never be
completed because the Safeleks would make sure that it wouldn't
get off the ground, physically or metaphorically.
In part, the modern procurement system, which involves prequalifying for tender selection lists, is to blame. Companies are not
only vying with one another to gain higher marks in their
submissions based on their abilities, but they use health and safety
systems to the same end. In effect they are saying to each other,
were safer than you are oh no, youre not and so the
pantomime goes on.
It is hard to visualise quite where the industry will be in 10 or
15 years, when this old grunt will be retired, but the legions of
Safeleks are likely to grow and grow and they will doubtlessly be
inductinating all over Europe.
Chris Green, Surfacing and Business Development Manager,
Pro-Tar Surfacing
chrisgreen1958@gmail.com @Besparmakmedia

AGM 2014

Chateau Impney, Droitwich Spa, Worcestershire WR9 0BN


20 September 2014
9.30am
www.cices.org

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Congratulations George

New ICE textbooks

George Marriott (l) receiving his award from Paul Brown.

The ICES built environment student prize


for civil engineering surveying has been
presented to George Marriott who has
completed his BSc (Hons) quantity
surveying course at the University of
Salford. The presentation was made by
ICES professional development and
membership manager Paul Brown.

...and Matthew

The Institution of Civil Engineers (ICE) has


launched its first undergraduate textbooks
targeted towards engineering students. Geoff
French, president ICE, stated: The launch of
this new series is part of our mission to educate
and inspire the next generation of engineers.
ICE textbooks have been created as concise
introductions to their subjects and will provide
undergraduates with clear, accurate and
practical information on the major principles of
civil and structural engineering.
Set to comprise a dozen titles by 2016, the initial ICE textbooks volumes
are available to order now: Hydraulics for Civil Engineers (208pp, 30, ISBN: 978
07277 5845 3) and Core Principles of Soil Mechanics (288pp, 30, ISBN: 978 07277 5847
7). For further information see www.icetextbooks.com

Dr Lawrence re-elected as co-chair of UN


geospatial committee
ICES honorary fellow Dr Vanessa Lawrence
CB has been re-elected by the United
Nations member countries to co-chair a key
UN committee on global geospatial
information management (UN-GGIM).
Stefan Schweinfest, a director at the UN,
said: Dr Lawrence was a founding co-chair
of UN-GGIM in 2011 when, for the first
time in many years, the UN decided to set
up a new committee. The committee
focuses on ensuring that accurate,
authoritative and reliable geographical
information is available to underpin some
of the globes largest challenges.
ggim.un.org

Dr Martin Barnes to speak at ICES NEC


Cambridge Lecture
Matthew Ullett (l) receiving his award from Bill Pryke.

The ICES award for best assignment has


been presented to Matthew Ullett on the
introduction to surveying course at The
Survey School in Worcester. ICES CEO Bill
Pryke presented the award.

New chair for


CIC ANB
Niall Lawless has
been appointed
chair of the
Construction
Industry Council
(CIC) adjudicator
nominating body
management
board. Mr Lawless
is a chartered
arbitrator,
adjudicator and
mediator as well as an engineer and is a
member of a number of industry ANB
panels, including the 16b Crossrail
adjudication panel.

))

To kick off this years ICES Cambridge


Lecture on NEC3 benefits and pitfalls on
8 October, ICES past-president Dr Martin
Barnes CBE founder and creator of the
New Engineering Contract will provide a
talk on the inception of the NEC form. Dr
Barnes will also cover his recognition of
the need for a new form of contract; how
he developed the contract and sold the
idea. To close the event, Dr Barnes will be
taking part in the Q&A session from the
floor before summarising the views and
issues raised throughout the day.
Visit www.cices.org/cambridgelecture for
booking details.

CPD certs for GEO Business attendees


ICES members who attended the GEO
Business exhibition in London in May can
obtain a certificate for their CPD records
from the organisers.
Contacting Emma Crane with details of
attendance at emmacrane@divcom.co.uk

PWI joins EngC


The Permanent Way Institution (PWI) has
been approved as a professional affiliate of
the Engineering Council for a period of five
years. This brings the current number of
engineering bodies with professional
affiliate status to 19; including ICES.

FIG Young Surveyors European meeting

New look for CIHT

The second International Federation of


Surveyors (FIG) Young Surveyors European
meeting will be held in Berlin, Germany on
7 October 2014. The meeting is jointly
organised by FIG Young Surveyors and
KONGEOS (conference of geodetic
students). The meeting aims to bring
together young surveyors and professionals
from all over Europe and is expecting 150
participants from over 20 countries.
See www.fig.net/ys for details

The Chartered Institution of Highways and


Transportation has refreshed its identity
with a new logo design. A relaunch of the
CIHT website will also follow in the
autumn. CIHT is asking its members to get
involved by sharing industry experiences
using the hashtag #journeys.

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Big names for big data

New Presidents Pilots scheme


Incoming ICES president Ian Bush is launching a new scheme aimed at opening up the
workings of the institution to early career members. Graduate and technical members and
affiliates within the first eight years of their careers in civil engineering surveying can
apply to become Presidents Pilots.
Successful applicants will be invited to ICES meetings and shadow the presidential team
at industry events. The initiative aims to show the pilots how the institution they have
chosen to be affiliated to works with industry, and to demonstrate the importance of
membership and the effect it can have at the highest level. Ian Bush said: I am looking
for enthusiastic, articulate, convincing and knowledgeable civil engineering surveyors who
will champion the institutions aims and aspirations and are willing to give as much to the
scheme as I hope they will get out of it. Applicants need the support of their employers
for what could amount to five to eight days of pilot time. Ian Bush continued: By
supporting members on the scheme, employers will publicly demonstrate their support for
the civil engineering surveying industry. I encourage all eligible members to apply.
Applicants should send a completed application form, CV, a 500 word statement on why
they want to be chosen as a pilot, and a supporting reference from their employer to Serena
Ronan by 1 October 2014 at sronan@cices.org Further details and an application form can
be found at www.cices.org/pilots Please note, as the scheme is in its infancy, for the first
year ICES can only accept applicants from the UK.

Further discount for Metocean courses


The Institute of Marine Science Engineering and Technology (IMarEst) is offering further
discounts for ICES members on its Metocean awareness courses covering the effects of
wind, wave, current, water level and weather conditions in design and operations.
In addition to the discount offered for the London course from 16-18 September 2014
(discounted rate 1,630), IMarEst is offering ICES members discounts on the Malaysia, USA
and Australia dates:
29 September-1 October 2014, Kuala Lumpur, Malaysia, SGD2,100
19-20 November 2014, Houston, USA, US$1,500
4-6 March 2015 Perth, Australia, AUD1,850
Details are available at www.imarest.org

The Association for Geographic Information


(AGI) has released details of its Big Data
and Location Conference. The one-day
event will be held on 30 September 2014 at
IBM on Londons South Bank.
The conference aims to be a forum for
knowledge exchange covering the key
technical concepts, business issues and real
world use cases of big data. It will feature
input from IBM, Cloudera, MapR, Deloitte,
Marks and Spencer, Telefonica, Esri and
Ordnance Survey.
A statement from AGI said: Personal
navigation data, earth observations and the
internet of things are amongst the largest
volume sources of big data and each has
location at their core. McKinsey in its recent
report on big data, asserted that it will
become a key basis of competition,
underpinning new waves of productivity
growth, innovation and consumer benefit,
with personal navigation data alone worth
$800b worldwide during this decade.
The conference costs 109 for non-AGI
members, and includes a years free
subscription to the association. For details
see www.geobig5.com/events/big-data/
[Geospatial engineering members of ICES
can read an interview with AGI chair Anne
Kemp in the Geospatial Engineering
supplement issued with this edition of CES
or online at http://ces.digitalpc.co.uk]

Presidents Pilots

Join incoming president Ian Bush on a


new scheme to open up the workings of
the institution to the new generation of
civil engineering surveyors.
Presidents Pilots will shadow Ian and his
team as he takes ICES forwards,
attending industry events, institution
meetings and giving you a chance to tell
us where we need to be going to meet the
needs of new civil engineering surveyors.

The Presidents Pilots scheme is open to Affiliates, Graduate and Technical Members within the first eight years of their careers as civil
engineering surveyors. Supporting employers will benefit by the exposure their early career recruits will get by close involvement with a
professional body working at the dynamic edge of the construction industry. Become a Presidents Pilot see how we can help you help us.

Applications packs are available from: Serena Ronan


Chartered Institution of Civil Engineering Surveyors
+44 (0)161 972 3100
sronan@cices.org
www.cices.org/pilots
The Chartered Institution of Civil Engineering Surveyors is a registered educational charity.

Deadline for applications 1 October 2014

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Digital aerial mapping for London Underground


Atkins is working with Transport for London to supply high
accuracy aerial mapping data of the above ground Jubilee,
Northern and Piccadilly lines for London Underground. Across
each of these projects, Atkins has employed imagery with a GSD
(ground sampled distance) of 2cm from a fixed wing aircraft. This
very high resolution imagery, combined with calibrated GPSINS
exterior orientation data and high quality GPS ground control, has
enabled the production of aerial topographic mapping with an
absolute 3D accuracy of +/-2cm RMSE (root mean square error),
with the data delivery for the schemes further enhanced by the
supply of high quality ortho-rectified imagery.
In addition to the production of the topographic mapping and
orthophoto production, Atkins worked closely with the London
Underground survey team to refine and improve its ICS survey
data format providing data input into the track departments
design software.

#PASiton
A new social media campaign, #PASiton, has been launched to
promote the new PAS128 specification for underground utility
detection, verification and location. The campaign, devised by
Subscan Technology, urges surveyors, practitioners and clients
to PAS on the good word of PAS128 by using the hashtag
#PASiton when referring to the specification on social media
platforms. Managing director of Subscan Technology John
Robinson said: Industry wide hard work and dedication has
helped bring PAS128 to fruition, but we must keep the launch
momentum going in order to engage with our clients. #PASiton
simply compounds our message; a message that we are all
proud to share.
PAS128 can be purchased from http://shop.bsigroup.com

London Gateway Port scoops photography competition


A photograph of the dockside cranes at the new
London Gateway Port has come first in the
Institution of Civil Engineers East of England
This is Civil Engineering photography competition.
The photograph was taken by Andrew Bowen,
engineering director of the project.

ICES Dinner

2014

Chateau Impney, Droitwich Spa


6.45pm, 19 September 2014
Join ICES president Alan Barrow at Chateau Impney, one of the finest, most
authentic examples of French chateau-style buildings in the UK that holds a
history as enchanting as the building itself. The chateau was built in the 19th
century by John Corbett who, after travelling to France, fell in love with
beautiful French governess Hannah Eliza OMeara. They married in Paris and
returned to the UK to set up home. The couple had been charmed by
Versailles and the French chateaux of the Loire Valley, and this undoubtedly
influenced the design for their own home. French architect Auguste
Tronquois was appointed to oversee the works, with a brief to design a grand
chateau in the style of Louis XIII. In 1875, the spectacular Impney Hall and
its grounds were completed, totally transforming the landscape with 155
acres of parkland, lakes, waterfalls, tropical gardens, and over 3,000
varieties of trees many of which are still evident today.

Sponsors

Tickets: 75.00*
SOLD OUT
Waiting list bookings only

+44 (0)161 972 3110


dinner@cices.org
Dress code: Black tie

* Ticket price includes VAT

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In brief: Tensar has been acquired by Castle


Harlan, a New York-based middlemarket
private equity firm. Yotta is partnering
with infrastructure services company FM
Conway to deliver a 30m pa highway
maintenance contract for Westminster City
Council. Hexagon Geosystems has acquired
Geodata Diffusion SAS. Mesa County Colorado
has been granted authorisation to operate
Trimbles unmanned aircraft system. Mott
MacDonald Bentley has been named as one
of four construction delivery partners
(CDPs) that will help deliver United Utilities
AMP6 and potentially AMP7 capital
programmes.

Land Registration etc. (Scotland) Act 2012


Crossrail restores derelict Victorian rail tunnel
Connaught Tunnel, a disused rail tunnel in Docklands, has been brought back to life as
part of the Crossrail project. The 550m long tunnel was built in 1878 and has not seen
passenger use since December 2006. Work was required to deepen, strengthen and widen
the structure and to remove 135 years of coal and soot from the steam trains that originally
used the tracks. Once Crossrail opens in 2018, up to 12 trains an hour will pass through
the tunnel beneath the Royal Docks, improving links between southeast London and the
rest of the capital.

Colorado River Basin running dry


according to NASA data
The Colorado River Basin has lost nearly
53 million acre feet of freshwater over the
past nine years according to data from
NASAs gravity recovery and climate
experiment (GRACE) mission. This is
almost double the volume of the nation's
largest reservoir, Nevada's Lake Mead.
The research team from NASA and the
University of California used monthly data
from the GRACE satellite mission to track
changes in the mass of the Colorado River
Basin, which are related to changes in
water amount on and below the surface.
More than 75% of the water loss has come
from underground resources with the
basin experiencing the driest 14-year period
in the last hundred years.

On 8 December 2014 Scotland changes its


process for land registration. This day will
mark the biggest change to land registration
in Scotland for a generation; a huge step
that is relevant to all types of surveyors.
Registers of Scotland (RoS) is hosting free
roadshows throughout Scotland this
autumn, highlighting the key changes to
the act.
Register at www.ros.gov.uk/2012act

Fugro deepwater search MH370


The Australian Transport Safety Bureau
(ATSB) has awarded Fugro an additional
contract for the deployment of two
specialist vessels, equipment and expertise
in the deep-water search for the missing
Malaysia Airlines flight 370 (MH370). The
plane disappeared on 8 March 2014. Fugro
will mobilise its vessels Fugro Equator and
Fugro Discovery, both fitted with specialist
deep tow survey systems for the work.
Since June, the Fugro Equator has been
involved in the bathymetric survey of the
search area. Fugro and ATSB expect the
Discovery to begin the deep tow search in
late September with Equator joining shortly

after. The search is expected to take up to


12 months. The Australian government has
allocated AUS $60m to the ATSB to carry
out the search for the missing MH370.

Satellite selfie

The Colorado River Basin (black outline) supplies water to about


40 million people in seven states. Major cities outside the basin
(red shading) also use water from the Colorado River.
U.S. Bureau of Reclamation.

Surrey Satellite Technology (SSTL)


has released an image taken by an
inspection camera on board
TechDemoSat-1, that launched on
8 July 2014. The image was taken
minutes after separation of the
satellite from the Soyuz-2 launcher and shows a
view of the Earth from space, with the
spacecrafts antenna pointing mechanism in shot.
The inspection camera which took the image is
mounted on the exterior of the spacecraft, and will
monitor the behaviour of key mechanical payloads.
TechDemoSat-1 is the first satellite to be controlled by the
Satellite Applications Catapult in Harwell. The
commissioning of the platform systems is being performed
from there by a team led by SSTL.

Membership Application and Upgrade Surgeries

Surgery Calendar 2014


03 September
15 September
13 October
22 October

10am-4pm
10am-4pm
10am-4pm
10am-4pm

London
Sale
Sale
London

Bookable 30-minute sessions


with the ICES membership team.
To book visit www.cices.org/events

Are you thinking of upgrading your membership?


Do you know anyone interested in applying for membership?
Do you want your employees to develop their professional skills?
If you answer yes to any of the above, then these free half-hour surgeries are designed to make applying
to upgrade or applying directly for membership as simple as possible.
Surgeries cover eligibility, application documents and the membership review interviews. They are
equally suitable for applicants wishing to become technical members, members or fellows. Surgeries
are informal and the aim is to ensure that you understand if you are eligible to apply, how to write-up
your documentation and interpret the competencies. Plus, find out how to make the most of your
review interview.

Enquiries: Membership Coordinator


Chartered Institution of Civil Engineering Surveyors
+44 (0)161 972 3100
membership@cices.org

Dates are subject to change and are dependent on


sufficient numbers attending.
*For UAE workshops contact ices.uaeregion@gmail.com
The Chartered Institution of Civil Engineering Surveyors is a registered educational charity.

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Ding-a-ling
Name: Kathryn Nye
ICES grade: Technical Member
Occupation: Surveyor
Company: Atlantic Geomatics (UK)

Once we have collected the data I could


be involved in post-processing back in the
office or I will be passing the job to our
CAD technician. I do pretty much
everything on a job, but I dont do much
of the CAD work.

What encouraged you to join the construction industry?


Geography was always my favourite subject at school so choosing a university course was
fairly straightforward. When I graduated it took me a while to decide on the sort of job
that would best suit my skills and interests. I wanted something that would be varied and
challenging and would allow me to be outdoors. Surveying seemed to tick all those boxes
but I had no survey experience. I did some research and wrote off to a few companies at
various locations, all over the country. I was offered a position as a trainee surveyor with
Atlantic Geomatics in 2011. I know I made the right decision because I thoroughly enjoy
what I do.

Can you give an example of any recent projects


you have been working on?
One in particular sticks in my mind and
involved surveys and reports for some 145
reservoir embankments across Derbyshire
and Cumbria. There were four of us on
the team and it was all we did for six
months. It was an interesting project,
which required the collection of accurate
and complete data to make monitoring
the embankments for slippage more
effective. A lot of confusion was arising
because the monitoring pins had been
covered over by grass or had been
incorrectly labelled. A complete survey at
each location gave the client the definitive
source of information needed to bring
clarity to the monitoring system.
Another project centred on an old rail
depot near Doncaster. Developers want to
bring it back into service but before they
can plan the redesign, they need a
complete survey of the existing site.
Our survey was essentially the first step
in a renovation that may take a few years
to complete.

What academic or professional qualifications do you have?


I have a BSc (Hons) degree in geography from Durham University and went on to
gain my MSc (Hons). I have also achieved technical membership of ICES since joining
Atlantic Geomatics.

What are the good bits and bad bits about


your job?
I enjoy topographical work and building
elevations but its fair to say Im less keen
on river cross sections. Standing waist deep
in a river is challenging work! Bad weather
is a bit of a bind too. Our office is based in
Penrith, in the Lake District, a region not
famed for its agreeable climate. I moved
here from the Isle of Wight so the
difference is noticeable. Theres really no
escape for the surveyor as the kit remains
fully operational in all weather conditions!

What does a typical day involve?


Most days I will be out for some or all of the day, leading a team on site, usually at a
location in the northwest or northeast of England. I might be collecting data in the
middle of a field, by a railway, up to my waist in a river or working in a built-up area.

If you were to recommend your job to someone


else, what would you say?
Its a great job if you enjoy working
independently, being outdoors and you like

Did you ever consider a different career?


During my time at university, like many of the geographers, I assisted tutors on field trips
and with demonstrations. I suppose that experience gave me a glimpse of the teaching
profession and how to give clear instructions to other people. Whilst teaching was never
really a serious career consideration for me, the skills required to help others to learn a
process or how to operate a piece of equipment are ones that are both relevant and
necessary to my development and progress as a surveyor.

)

66.3.63 6!62(5

problem solving. You get to see some beautiful places and no two
weeks are the same. Its not for everyone, though because its not
a soft option. You have to love being outside in all weathers and
you have to be prepared for the unexpected. Its not a routine,
predictable job and thats what keeps me excited and interested.
Whats been your biggest career challenge?
I would say developing my career as a surveyor. I came to this job
with no previous experience. I think I had used a level once
before. So I had to very quickly take on board the survey theory,
learn how to use some sophisticated equipment and master the
software. A huge learning curve but I am pleased I got there.
Where would you like to take your career in the future?
I very much want to take the next steps to becoming a full
member of ICES. Career development is part of that process and
will involve taking on more responsibility as I will need to show I
am sufficiently knowledgeable to be able to explain correct survey
theory and other aspects of the job to others.
What surprised you about the construction industry, if anything?
That being female has its advantages! I never expect anyone to
offer to carry my tripod and my equipment to a site but it often
happens and I dont object. I dont suppose many of my male
colleagues are treated with the same consideration.
If you could change one thing about the construction industry, what would
it be?
Its about time the clothing manufacturers started thinking about
sizing with the female worker in mind. None of my work clothes
fit me properly. I am fed up with wearing oversized, heavy duty
trousers, safety boots and being swamped every time I put on a hivis jacket. The construction industry may be encouraging to

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Clothes that have been designed for huge, burly


men are definitely not welcoming!
women, but clothes that have been designed for huge, burly men
are definitely not welcoming!
What encouraged you to join ICES?
I havent got a degree in surveying so gaining recognition from my
professional organisation tells others that I am competent and work
to an industry standard that is widely understood and respected.
Have you had any involvement with the ICES regions, committees
or panels?
Not as yet. Perhaps this is for the future. Most of the contacts are in
and around the big northern cities Manchester, Leeds and
Liverpool. Penrith is a bit too isolated to make this practical for me
right now.
What are your hobbies/interests?
At the moment, campanology is my main hobby. When I moved to
Penrith I didnt know anyone in the area at all. I decided to join a
bell ringing group and instantly I had 12 new friends. We ring on a
Sunday, practice in the week and sometimes on Saturdays too. It is
a really social activity and ending up at a favourite local pub is
very much part of it. I suppose you could say Cumbrian pubs are
another interest!
If you are interested in completing a meet the membership
questionnaire please drop a line to the editor at dsmart@cices.org

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Legal Q&A: Escalation clauses


Jane Fender-Allison, Senior Associate, CMS Cameron McKenna LLP

How do you handle


escalation clauses
with care?

SCALATION clauses, also known


as multi-tiered clauses, are a type
of dispute resolution clause. They
have become more popular in recent
years and can be found in a range of
contracts including PFI agreements,
consultants appointments, building
contracts, supply agreements and other
commercial contracts.
An escalation clause sets out different
levels of dispute procedure to be followed
in the event that parties to a contract fall
out. There are many ways to word an
escalation clause, using different
combinations of processes and timescales.
A typical clause will allow for a period of
negotiation (perhaps among increasingly
senior representatives of each party), to be
followed by mediation, to be followed by
litigation or arbitration if the dispute is still
not resolved.

The key advantage to an escalation clause


is that it builds in time for discussion
and/or alternative forms of dispute
resolution, such as mediation, before
parties embark on a final and binding
process such as litigation or arbitration. In
the heat of a dispute, parties may be less
likely to take these steps without an
escalation clause being in place. Where a
dispute can be resolved without recourse to
litigation or arbitration, this brings time and
cost savings as well as the opportunity to
maintain good working relationships.
On the down side, escalation clauses
can prevent one party going to litigation
or arbitration immediately. There is a risk
that parties can exploit this to delay the
resolution of the dispute. Plus, the time
and costs involved in going through the
additional steps can add up. If parties
think these steps would be worthwhile
they can of course agree to them anyway,
whether or not an escalation clause is in
place. For example, mediating a dispute is
often agreed to without it being written
into a contract.
It is important to remember that an
escalation clause may be voluntary or
compulsory (i.e. enforceable), depending
on how it is drafted. Simply having an
escalation clause in a contract does not
guarantee that each step must be
followed before litigation or arbitration
can be started.
A number of court cases have looked at
what is required for an escalation clause to
be enforceable. Key requirements are to
have a complete process and sufficient
certainty over the steps involved. Using
clear timescales and spelling out processes
(such as what rules and institutions will be
used in alternative forms of dispute
proceedings) can all help to make an
escalation clause stick.
However, it is worth noting that a recent
case1 has cast doubt on previous case law
about the enforceability of escalation
clauses. In that case the court looked at a
contract for the purchase of iron ore, with
an escalation clause which said:
In case of any dispute or claim arising
out of or in connection with or under

this [contract] the parties shall first seek


to resolve the dispute or claim by friendly
discussion If no solution can be
arrived at in between the parties for a
continuous period of 4 (four) weeks then
the non-defaulting party can invoke the
arbitration clause and refer the dispute
to arbitration.
Surprisingly, the court found the clause
was enforceable. This meant the parties
had to engage in friendly discussions
before they could refer a dispute to
arbitration. The use of the four week
timescale in particular was considered
important, as it expressly set out the
circumstances in which a party could then
go to arbitration.
The upshot is that more escalation
clauses than previously thought may be
compulsory. So when signing up to an
escalation clause, you should either be
comfortable with carrying out all of the
steps it sets out, or make it very clear that
the steps are only intended to be voluntary.

Top tips
Handle with care. Know what you
are agreeing to and whether following
an escalation clause will be voluntary
or compulsory.
Careful drafting is required. To be
enforceable an escalation clause will
need to have sufficient certainty. The
use of timescales in particular may help.
You are free to agree with the other
party to engage in discussions and
mediation without an escalation clause
being in place.
Remember, if your contract is subject
to the Housing Grants, Construction
and Regeneration Act 1996 an escalation
clause will not negate either sides
statutory right to go to adjudication at
any time.
Jane Fender-Allison, Senior Associate,
CMS Cameron McKenna LLP
Jane.Fender-Allison@cms-cmck.com
www.cms-cmck.com
1

Emirates Trading Agency LLC v Prime Mineral Exports


Private Limited (2014) EWHC 2104 (Comm)

Managing with the MMHW


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Available now

/&3-/)*

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Responsible procurement
Collaborative civil engineering
Liane Hartley, Co-founder, Mend

IVIL ENGINEERING is all


around us. It helps create the arena
in which we live our everyday
lives. Through its incredible ingenuity and
problem solving we can be transported at
high speeds, suspended at great heights,
protected at great depths, kept safe, warm
and dry in the most challenging of
environments and conditions. In short; our
modern life would be greatly hindered
without civil engineering putting in place
the infrastructure that we are utterly
reliant upon. Civil engineering doesnt
happen overnight.
There is a considerable and often
decades long lead-in time, certainly for
major projects, to come to fruition. This
includes the political process needed to
gain buy-in and funding, the planning and
design process leading to consent and
definition of the project scope, not to
mention the often very complex and
lengthy procurement process for selecting
partners to manage and deliver civil
engineering project works.

Social value

How responsible
procurement can help
deliver social value

Given its ubiquitous presence in our


landscape and the time it takes to get
there; civil engineering projects involve
huge levels of resource in terms of people,
time, materials, funding and support. They
can stimulate growth, generate jobs and
whole businesses and impact stakeholders
in a multitude of ways. With such scale of
impact and resource generated by these
projects, it is critical that we are able to
manage them efficiently and effectively.
This is nothing new and commercial
managers face daily challenges of
delivering value for money to stakeholders
and tax payers, creating commercial
advantage for their business and looking
for creative ways to capture value.
However, what is new is the idea of
delivering social value. It is no longer
enough to deliver projects to conventional
criteria of programme and budget; things
have to be done responsibly too. This
poses extra challenges and pressures on
the civil engineering profession to deliver
on extrinsic social objectives that were

It is not enough to deliver


projects to conventional
criteria; things have to be done
responsibly too.
hitherto added-value. These could
include inclusiveness, equality,
international labour standards and
diversity targets, regeneration and
integration. Now they are increasingly
core to the notion of delivering value.
The question is how to align major civil
engineering projects with their physical
and tangible outcomes manifesting as a
bridge or transit system, for example, with
much more soft and intangible outcomes
such as gender equality. It is fair to say
that it is often difficult to reconcile what
ethnic diversity has to do with building
bridges or a new public space. Social stuff
is, by nature, very emotive and subjective,
prone to multiple interpretation and often
misinterpretation or stereotype. Social is
hard to grapple with. But social is who
we are and what we do, so it is a
fundamental facet of why we build and
who we build for.

Definitions + scope
Money talks and what every civil
engineering project has in common big
or small is a supply chain and buying
opportunities. It is about using the buying
opportunity as a lever for changing
behaviours in the project and the supply
chain to build in greater transparency,
fairness and diversity to what is bought,
by whom and for what purpose.
There is no single definition of
responsible procurement as it varies
according to context, however, there is a
general theme of collaboration and
engagement across a spectrum of

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The role of communities needs to be elevated in decision-making about local areas and neighbourhoods. Engineers make the world
a better place; but its about doing that for a wider spectrum of people than they may consider at first hand.

Social stuff is, by nature, very emotive and


subjective, prone to multiple interpretation and
often misinterpretation or stereotype.
stakeholders and a level of transparency within the supply chain
that is open to sharing and working in partnership towards a
common and shared goal that being creating and sharing wider
benefits. We can use it as an opportunity for levering better
social, environmental and economic impacts and outcomes than
would otherwise be achieved.
The drivers are very clear on projects funded by public
investment, the reputational risks inherent in using products or
suppliers that have unethical connections or provenance can
have significant impacts on a business bottom line and level of
consumer trust. There is a raft of guidance, standards, codes of
practice and organisations dedicated to embedding ethical
sourcing within supply chains that demand high level
endorsement and engagement from the industry.
Public funders are increasingly demanding more detailed
understanding and evidence of processes in place to engage
diverse supply chains and workforces and ethically sourced
products. Fair employment practices need to be in place and
transparently verified, efforts are made to engage young people
in employment and training, lessons need to be captured and
collaboration is now at the heart of major infrastructure
procurement criteria.

Responsible
The Greater London Authority (GLA) has
a responsible procurement (RP) policy
which is cascaded through the wider GLA
family, including Transport for London,
and this requires its supply chain to meet
key RP objectives. The seven GLA
responsible procurement policy themes
are geared towards delivering social value
through the delivery of GLA projects and
cover ethical sourcing, strategic labour
and training needs, equality and diversity,
fair employment, community benefits,
workforce welfare, environmental
sustainability and supply chain diversity.
Crossrail, for example, has a strong
emphasis on responsible procurement and
places contractual demands on contractors
to deliver on their responsible
procurement targets which are derived
from the GLA responsible procurement
policy. As a buyer, it means looking at
wider objectives and opportunities that
can be met through smart use of your
purchasing power and projects. As a
supplier, its about using projects as an
opportunity to be creative about how you
deliver things; from forming new
partnerships and identifying latent
resources within organisations,
communities and local networks.

Theory v practice
Ethical sourcing and responsible
procurement need to be driving project
decision making and design factors. What
they are trying to do is develop ways for
the seemingly fuzzy social aspects of
infrastructure to be considered at a
practical level so that in delivering pieces
of big kit like bridges, buildings and
tunnels, we are creating a positive social
benefit and impact beyond the immediate
physical construct.
This sounds great in theory but in practice
this is a hugely complex and difficult
thing to achieve. Without a sophisticated

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We need to mainstream
responsible procurement but
not make responsible
procurement mainstream.
compliance, such as ETAs this becomes a
means of elevating them from a
procurement point of view; since
compliance is high in the minds of
purchasers alongside cost.

Collaboration is key
client being able to clarify exactly what the requirements are and
what good looks like how do we (or indeed the client) know
that we are actually procuring responsibly? How do we know
that we are achieving the social benefits we stated we would in
tenders when often the impacts of say, youth engagement in
training, or raising awareness of equality and diversity issues can
often be hidden or unconscious?
Responsible procurement is an agenda that is not going
away. There is a growing sophistication on the part of clients
and commissioners who understand the need to address it and
are becoming better at specifying what they expect to be
delivered through contractual obligations. So, on the demand
side, the aspiration is high, the bars are being set and the
metrics to measure performance are gaining in sophistication
and relevance. The real key to success going forward is how to
translate this into practical process and activity on a day-to-day
operational level. This is vital for ensuring that responsible
procurement is not an add-on but is genuinely underpinning
normal procurement and decision-making processes.
We need to mainstream responsible procurement but not
make responsible procurement mainstream. The former is
responsible procurement being a vital functional and creative
part of the day to day operating culture and approach to
business rather than the latter being responsible procurement as
effectively in-sourcing good business as a bolt-on, without
actually changing our own ways of thinking and doing.

Clarity
Clear signs are appearing of drivers for greater ethical sourcing
transparency and performance coming from the industry itself.
This is truly the tipping point towards the issue becoming more
embedded, understood and perhaps more collaborative.
Trade associations are key stakeholders in driving forward the
development of ethical sourcing within the industry as they can
garner experience and lessons learned from their members who
are on the procurement and implementation side of ethical
sourcing. These bodies are instrumental in building awareness
and gaining an understanding of the issues facing the industry
when tackling this agenda.
The Construction Fixings Association responded to calls from
its own membership when it decided to look at ethical sourcing
as a new area of activity. The CFA is qualified to award
european technical approvals (ETA). Technical definitions used
in these sort of instruments need to be broadened to cover nontechnical aspects such as social responsibility and ethical
requirements. Purchasing is the final point at which impact can
be made. By building ethical issues into mechanisms of

Mend is a social enterprise specialising in


the social impact of change, and making
the way projects are commissioned,
planned and delivered more socially
intelligent, responsible and user-oriented.
We see the community as client and have
been helping on projects such as
Crossrail and London Underground
station upgrades to implement
responsible procurement on complex
infrastructure and construction projects.
So we felt that there needed to be a
space for us to come together as an
industry and share issues and experience.

-*

6(14(5'6321,26!64.

Whittles
Bookshop Offer

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We used to build things with a somewhat


narrow archetype in mind; and we can safely
say that this did not include skateboarders,
women, old people, parents with young
children, young people, anyone with any kind of
body or mobility impairment...
This way, we can all benefit from accelerating towards
knowing how to do things differently and better.
We have created Source RP with the aim of helping people in
the built environment industry (and beyond) connect, share and
learn with other people and organisations that are delivering in
this very complex and fast moving agenda. It will also be a
space for exploring new ideas, tools processes for delivering
responsible procurement. We want to help responsible
procurement be an integral part of a business mind-set and
operating culture instead of a box ticking exercise. Source is
focusing on:

Looking for books on laser scanning?


Researching civil engineering?
Interested in military history?
ICES members are now entitled to a 15% discount on
book from Whittles Publishing*.

Visit the online bookshop www.whittlespublishing.com


*telephone and email orders.

The Chartered Institution of Civil Engineering Surveyors is a registered educational charity.

Promoting intelligent commissioning


Helping commissioners become better at specifying the scope
and aspiration around what RP looks like on their project and
shaping what they ask suppliers and consultants for, through
the procurement process.
Promoting intelligent delivery
Helping clients, contractors, designers, consultants become
better and more creative at meeting the challenges of
delivering responsible procurement and social value for
clients and see the benefits it brings to their own business and
industry as a whole.
Bringing people together
Sharing best practice, bad practice, new ideas, research,
business opportunities, contacts, events and training.
Widening benefit
Helping commissioners and clients see procurement as an
opportunity to achieve wider benefits, beyond the basics they
are asking for.
Doing and saying things differently
Exposing people to the many different ways you can deliver
social value beyond box-ticking exercises.
We used to build things, spaces, buildings with a somewhat
narrow archetype in mind; and we can safely say that this did
not include skateboarders, women, old people, parents with
young children, young people, anyone with any kind of body
or mobility impairment, blessed with multiple language skills,
or perhaps with a different sexual orientation. And now things
are changing. That is in no small part due to a growing
recognition that the world is a very complicated, messy and
diverse place and this needs to be reflected in not only what we
build, but how and who builds it. As many of our greatest
engineers with testify; engineers make the world a better place;
but its about doing that for a wider spectrum of people than we
may consider at first hand.
And its about finding ways to document and evidence the
less obvious but very positive contribution that engineering can
make to peoples lives, wellbeing, and life opportunity.
Liane Hartley, co-founder, Mend
liane.hartley@mendlondon.org.uk
Twitter: @lianemendsacity
www.mendlondon.org.uk http://sourcerp.org.uk

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Project management failure:


The 1976 Montreal Olympics
Sean Brady, Managing Director, Brady Heywood

N 1970, Montreal was awarded the 1976 Olympics, beating


bids from Moscow and Los Angeles. World politics had been
in Montreals favour1 there were concerns that giving the
games to Moscow or Los Angeles would inflame Cold War
tensions, a view subsequently confirmed by the US boycott of the
Moscow Games in 1980, and Russias of Los Angeles in 1984.
At the outset, the Montreal mayor, Jean Drapeau, stated that the
games would cost no more than $124m and declared they would
be the first self-financing games in Olympic history. It was
planned that the self-financing would largely be achieved through
the sale of commemorative gold coins and reuse of the Olympic
facilities, with Mayor Drapeau suggesting that the real problem
would be in determining how to spend the Games surplus.
But over the next six years the dream of a self-financing
Olympics would evaporate, with the original cost estimate being
revised to $310m in November 1972, before finally blowing out
to a staggering $1.5b upon completion. The project stands as a
potent example of poor planning, poor project management,
fraudulent practice and corruption, and serves as a warning of
the dangers of architectural and financial free-rein combined
with political ambition and immovable deadlines.

Mayor Drapeau and Roger Tallibert

Sean Brady looks back


on systematic management
failings, huge financial
cost and significant
reputational damage at
the Montreal Olympics

At the centre of the debacle were Mayor Drapeau and architect


Roger Tallibert. By 1972, after two wasted years where little
planning occurred, Mayor Drapeau scrapped the original plans
and selected architect Roger Tallibert, without competition, to
deliver the games. Mayor Drapeau had become enamoured with
Tailliberts Parc des Princes, a 48,000 seater football stadium,
which had been recently completed.
But neither Mayor Drapeau nor Taillibert had a good track
record in financial management. Tailliberts Parc des Princes had
cost $25m, up $16m from its original budget of $9m and Mayor
Drapeaus 1967 Expo had cost $430m instead of the estimated
$160m. A further consideration was that the price of $124m for
the Montreal Olympics appeared very optimistic the 1972
Munich games had cost the equivalent of $600m.
In addition to financial considerations, the Olympic complex
would include complicated structures; the main stadium and
velodrome would be constructed from precast, post-tensioned
concrete, which presented significant construction challenges.
Additionally, the Canadian winter would require consideration,
as well as the fact that the design would be completed in France,
with the drawings being presented in SI units, which would
require conversion to the English system.
So now, in 1972, with just four years until the games, a mayor
and architect (selected without competition, with a history of
cost overruns and delays, equipped with an optimistic budget
and a non-negotiable deadline, set out to prepare for a world
class event with Mayor Drapeau declaring that:
The Montreal Olympics can no more have a deficit than a
man can have a baby.1

-

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Worth it? The Olympic Stadium as it stands today.

Velodrome
The contract for the velodrome construction was won by Charles
Duranceau at a bid value of $12m. This bid was based on semicomplete plans, and it was the first and last part of the project to
be awarded by competitive bidding - the remaining structures
would, due to time constraints prohibiting a tender process,
simply be awarded to contractors.
The design called for three arches, supported by abutments,
with the structure in plan representing a cycling helmet. The
three arches were 171m long and 27m high, composed of precast
concrete sections. Due to the archs low profile, significant thrust
forces had to be resisted at each of the velodromes four
abutments. This presented the first technical challenge.
At one abutment, the rocky subsoil could not support the
thrusts from the roof; a fact that went undiscovered in the
original geological testing. In order to address this issue,
tendons had to be driven and extensive grouting work was
undertaken, blowing the foundation budget of $497, 576 to
a cost of more than $7m; more than half that budgeted for
the entire structure. Delays and cost overruns continued,
many caused through waiting for Taillibert to actually finish
the plans.
Labour issues began to plague the site. Indeed, the velodrome
was due to be finished in 1974, in time for Montreal to host the
World Cycling Championships, but this deadline passed, forcing
the championships to be held at a temporary facility, hurriedly
built at the Universite de Montreal football stadium.
In order to expedite matters, new subcontractors were hired,
cost-plus contract arrangements became the norm, overtime was
granted, and after spending $34m the velodrome was still not
complete labour problems alone, such as strikes and
overtime, added an estimated $12m to the cost. In what would
become part of a recurring theme, Taillibert did not consider
value adding engineering. He insisted that architecture was, first
and foremost, an art form.
When complete the structure would cost $70m, more than five
times the original budget. By way of comparison, while the 7000
seat velodrome cost $70m, the 60,000 seat domed stadium in
Seattle, Washington, cost $60m. From a technical point of view,
Anton Tedesko, an expert in thin concrete structures, argued that
the height of the roof should have been significantly increased to
reduce thrust forces, and he said that the structure does damage
to the cause of concrete arguing that it should have been
constructed in steel.1
But, if the velodrome represented a project management
failure, the construction of the Olympic Stadium would become
a project management nightmare.

Olympic Stadium
The Olympic Stadium had an elliptical, as opposed to circular,
configuration and it became known as The Big O (although it
would come to be known as The Big Owe as construction
progressed). As with the velodrome, the contract was awarded,
this time without public tender, to Duranceau. Amazingly, this
occurred after it became apparent that he was running into
difficulties with the velodrome.

Tallibert did not consider value


adding engineering. He insisted
that architecture was first and
foremost an art form.
The structure comprised precast concrete
ribs that cantilevered out over the
stadium, with the ribs being posttensioned together - a very inefficient
structure compared to a dome with a
compression ring at the centre. Due to the
roofs gentle slope, and because it was
elliptical in plan, no two sets of ribs were
the same. (It is estimated that if they had
been, a saving of $20m-$30m could have
been achieved). Horrendous erection
problems would ensue, with rib
misalignment being common, which
resulted in significant issues because posttensioning cables had to be threaded
through these ribs, requiring perfect
alignment. To make matters worse, empty
post-tensioning ducts filled with water,
froze and required clearing. The design
failed to consider constructibility. It left no
room for internal scaffolding, resulting in
extensive crane use to hold the ribs in
place. At one point 80 cranes were in use
and it was estimated that doubling the
number of cranes would only have

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If the velodrome represented a project


management failure, the construction of the
Olympic Stadium would become a project
management nightmare.
Project failure

increased productivity by 25% because of


crane congestion.
With mounting time pressure and fear
of embarrassment at missing the opening
of the Olympics, a licence for free
spending, corruption and union strongarming flourished. Cost-plus contracts
provided little incentive to reduce costs,
and more and more manpower was
thrown at the project, with diminishing
returns. Poor weather would also hamper
construction - at one stage, $400,000 per
day was being spent on heating.
Costs continued to balloon, until finally,
in November 1975, the Province of
Quebec stepped in and took the project
away from the City of Montreal - with the
Province now footing the bill for
completion. Drapeau and Taillibert were
off the site, and in early 1976 the Province
gave an ultimatum to contractors that if
work did not speed up, the project would
be shut down and the Games moved
elsewhere. In perhaps one of the best
illustrations of how the system was being
abused, this ultimatum resulted in a
productivity increase of 500%.
But the damage had been done. From
the original estimate of $40m in 1970 and
the stadiums revised estimate of $130.8m
in 1972, the final cost of the stadium was
$836m. Each seat cost $13,000 more
than five times the cost per seat of the
New Orleans Superdome.

No one reason contributed to the failure.


Mayor Drapeau appointed himself project
manager and gave free rein to his
architect. Time pressure played a key
role, preventing a tender process.
Taillibert was perpetually late with plans,
generating a situation that could easily
be taken advantage of, and his designs
were complex and paid little attention
to constructibility. These issues would
run through many aspects of the project.
In addition to the stadium and velodrome,
there were significant issues with the
Olympic village and the construction of a
viaduct required formwork that was 15
times the cost of conventional formwork,
and the contractor only accepted the work
on a cost-plus basis and on the condition
that he would not be responsible for the
completed structure.
In the end, a commission of enquiry
would blame Drapeau, Taillibert and the
Olympic Organising Committee for the
failure, as well as the labour unions,
contractors and suppliers that took
advantage of the situation.
In the aftermath, to retire the debt
generated by the Games, the City of
Montreal set up a special Olympic Tax on
real estate, the Olympic Lottery was
extended beyond the games, to 1979, and
a special tobacco tax was imposed in
1976. Finally in 2006, a full 30 years
following the first self-financing Olympic
Games, the debt was finally paid.
Perhaps a key insight into what went
so very wrong is best summarised by
Taillibert himself:
Thats all Canadians and Americans
talk about - money, money, money, he
said, it doesnt interest me at all.
Sean Brady, Managing Director
Brady Heywood
sbrady@bradyheywood.com.au
www.bradyheywood.com.au
This article was first published in the March 2014 issue
of The Structural Engineer and is based on a recent
case study in the American Society of Civil Engineers
journal. Patel, A, Bosela P. and Delatte N. (2013) 1976
Montreal Olympics: Case Study of Project Management
Failure, Journal of Performance of Constructed
Facilities., 27 (3), 362-369. Republished with kind
permission.

-

145.12540

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Moving monitoring forward


Steve Thurgood

MCInstCES,

Engineering Surveying Manager, Costain Skanska JV

Steve Thurgood on the


complexities of setting up
Crossrails large
monitoring programme

The C405 site in London.

N July 2011, Costain and Skanska


working as a joint venture (CSJV)
were awarded Crossrail contract C405
to complete the main civil engineering
works for the new Crossrail station at
Paddington. The station will be built
underground below Eastbourne Terrace
and adjacent to the southwestern elevation
of the existing mainline terminus station.
The new station construction area is
surrounded by English Heritage grade I
listed buildings which form the existing
station along one side and modern office
buildings on the other. The entire area is in
a densely built up zone of the centre of
London with mixed commercial and
residential buildings.
The respective heads of the engineering
surveying departments for the parent
companies reviewed the construction
sequencing and methodology, and decided
to undertake all of the engineering
surveying for the construction phases. The
team also decided that the parent
companies would install, run, operate and

maintain large parts of the instrumentation


and monitoring (I&M) schemes that were
required in the client specification, rather
than subcontracting the works out to an
I&M specialist.

Commencement of works and change


At the pre-construction stage an
opportunity was identified for CSJV to
manage its own risk in house, add value
from the knowledge gained and lower
costs by reducing the requirement for
subcontracting works. So, in January 2012
work began on site for the contracted
installation of eight automated total stations
(ATS) and 225 manually-read precise
levelling points this was to be an
increase on the size and complexity of the
previous largest scheme by more than
double (and on which it had a specialist
I&M subcontractor). With some practical
thinking and experienced engineering
surveying input, these eight ATS were
reduced to five by utilising a more efficient
and ergonomic installation layout. Four
more ATS were added below ground in an
effort to reduce manual operations and
further reduce costs. As time progressed it
soon became apparent that the client
required change in the scope and
requested that CSJV take over the entire
C405 zone from the Crossrail route-wide
I&M contract C701. This changed the scope
of works by adding another 27 ATS and
nearly 900 levelling points.
CSJV closed Eastbourne Terrace on
14 February 2012 and began construction
of the new station. A division of Costain
and its subcontractor Datum Monitoring
undertook the installation, operation and
maintenance of the geotechnical
monitoring, whilst CSJV engineering
surveying teams installed the geospatial
components. The C405 I&M works
commenced installation and operation
during Q1 2012, then expanded to include
the additional items as instructed by
Crossrail. The construction of a diaphragm
wall around the site and plunge columns
required Eastbourne Terrace and the grade
I listed buildings to be included in the
monitoring scheme.

/&3-/)*

145.12540

-&

Excavation within the station box below ground, while the ATS
system monitors above ground.

System operation

By the end of Q2, the entire I&M was installed and the precise levelling system had
been commissioned and active for several months. The ATS system was commissioned
just ahead of the arrival of the first tunnel boring machine in August 2012. With the
combined system operating 24/7, full measurements were taken by the ATS every three
hours and the relevant manual levelling points observed daily in the zone of influence
(ZOI). The scheme was considered fully operational and provided data for analysis for
the full TBM transit.
Following the transit of the first TBM, the second TBM arrived in December 2012 then
exited our ZOI in February 2013 after being stood over the Christmas break. The
frequency of observations was reduced as per client specification to six-hourly, then daily,
dependant on the construction activities within the C405 site. However, as these activities
changed and the diaphragm walls were completed, the reduced dig began to facilitate
construction of the roof slab. This increased the risk of ground movement again and
increased the frequency of monitoring.

Further change
Following the passage of the TBMs, the monitoring system installed by the tunnelling
contractor on contract C300 was handed over adding a further ten ATS and
approximately 60 levelling points. At the same time, the four ATS installed by CSJV below
ground became impractical to operate and were decommissioned. As the roof slab
construction was completed in May and June 2013, the excavation within the station box
commenced, excavating and propping (to support the adjacent ground) as it went deeper.
At several stages concrete slabs were cast which form the finished constructed station
floors, these helped to stiffen the structure, adding strength and rigidity to the existing box
construction bracing it laterally. As the slabs were constructed and structural loads were
spread out, the requirement for the box walls to be propped was reduced and a
programme began to remove the props.
During this phase of construction, several of the ATS had to be relocated, additional
units were temporarily installed and new installations were included in the overall scope.
Currently, the total number of operating ATS units in the field is 43 from the original eight.
With the total number of levelling points in the scheme now passing 1,000, the change of
scope and resultant increase in size of staffing requirement was significant all of which
was communicated to the client under the terms of our NEC3 contract. All the time this is
going on, the monitoring continues and, as the construction works go deeper, the ZOI
extends. Following the construction of the box and intermediate and concourse slabs in
July 2014, it is programmed that the box construction will break through the openings in
the concourse slab and into the two future running tunnels created by the TBM drives. In
some cases these are less then 500mm below the underside of the new construction. After
completion of the breakthrough into the tunnels and the construction of the track slabs,
the construction box will be deemed to have caused its maximum predicted ground
movement. At which time the I&M scheme will change phase from construction control to
post construction and long-term monitoring for deformation.

The system as a whole is overseen by a


monitoring manager, with CSJV staff
completing the geospatial, and the
subcontractor the geotechnical aspects. For
the ATS system, the learning curve we went
through has been a challenging experience
to say the least. However, the team
adapted, knowledge was gained and we
are now in a very strong position in the
current market running in-house one of the
largest schemes that operates on Crossrail.
According to Leica Geosystems, the scheme
is the largest in existence anywhere in the
world running exclusively on its operating
and network adjusting software.
The systems we use to control the works
have to be prescriptive and procedural to
control quality and repeatability, yet also
allow for dynamic change in the
environment and construction. Our
operation runs non-stop 24/7 and we have
managed to minimise and repair any faults
that have occurred. Since operations began
we have had a good record of system
uptime, with a very high success rate of
deformation data being displayed. Typically
the system faults weve experienced have
been minor and none of them were failures
to hardware that could not be rectified by
replacing minor components. Generally,
software has been the most common
reason for apparent failure for us to meet
our data capture and display target times
and efficiencies.

Currently, the total number of


operating ATS units in the field is
43 (from the original eight), with
the total number of levelling
points now passing 1,000.
The biggest challenges have been simple
communications failures, with broadband
outages or the upgrades of cellular
communications masts causing non
communication with instruments due to the
maintainer/operator switching off the GSM
or data networks that our systems run on.
These combined total to less than a week
in the entire operational period since mid
2012. Thus, the system uptime for the ATS
is very high at about 99.5% average at the
data collection end. Overall, the ATS system
uptime is 99.9% inclusive of all ATS and the
data computation and display. As for the
manual levelling, this has suffered no
mobile data communication failure

/

145.12540

%5+5'3$40546625403#,2+6"12

movement that may cause the position or orientation of the ATS to be invalid and mask
real movement or generate false movement is observed. The operations of the ATS are
split into three stages:
1. Observe survey control points to generate data for network adjustment (common and
reference points).
2. Use data from network adjustment to validate and update current position
(coordinate shift and update of orientation).
3. Observe arrays of points to be monitored for deformation analysis (standard arrays).

Graphs 1 and 2: The effect of the TBM transit and box excavation
to date. In general the trends repeat, although the magnitude
varies slightly due to the sensor locations and system tolerances.
Note that on the ATS graph (top) that the noise associated with
data capture is higher than for the same epoch of levelling data.

problems at the data collection end. System


uptime is 100%, as it is a manual task, and
unless the point to be levelled is
obstructed, then the work is completed on
time, every time.
In a day, the ATS system measures
approximately 8,500 points, with manual
levelling about 250. Levelling produces
sub-millimetre data that can be
demonstrated to be repeatable to within
0.5mm over the period of 18 months,
whereas the ATS is a 3-5mm system due to
the inherent systematic errors in running
such a large network and having the ATS
operating at high frequency within the ZOI.
The levelling scheme currently takes five
people to run, four site based and one
office based, plus additional IT support.
The ATS takes nine people to run, plus
some part-time support staff, five of whom
are field based. Both systems log a
phenomenal about of data which correlates
with an astonishing degree of accuracy and
precision. Two simple charts show this and
can be seen in graphs 1 and 2.

The monitoring systems


Data is collected at different frequencies
dependant on the risk generated by the
ongoing construction operations in different
areas. Thus, the network has zones where
the ATS operate at differing frequencies, as
do the manual levelling zones.

ATS
System operation
The entire survey control network and the
ATS are updated ahead of any deformation
monitoring activities. This ensures the
entire ATS network has up-to-date and
valid survey control, and that any

Stations in the secure ATS network in action.

In the current phase of our project (the bulk dig), the data capture is at 6-hour intervals for
the majority of the ATS. Our project performs a complete survey control dual face
observation set to the common and reference prisms in about 15 minutes. A further
5 minutes is assigned so that if any prisms are obstructed, these are attempted to be
automatically re-measured by the system up to three times (generally this eliminates 75%
of the missing observations which are caused by temporary obstructions). The data is then
collated and reduced in our network adjustment software.
At the instance of data capture, the system is able to tag erroneous data automatically.
For example, should the prism being observed not be within a 100mm sphere of the last
known position (no older than 6-24 hours) then it is deemed as an incorrect observation
and flagged for review. This data is then excluded from the network adjustment. As the
network adjustment computes, it includes virtual observations which are fixed distances
between known points, however these are weighted in the computation to assist the
observed data, not to constrain it so that they do not override the significance of actual
data priorities. Should the cycle not be able to obtain new data for an observation, the
system uses the last known good observation for that point or link, however it again
downgrades its weighting (data significance or quality) so that the newly collected data
has a higher priority in the computation in the dataset.

/&3-/)*

145.12540

)

Visualisation of the ATS network for Paddington Station. Bluesky

As the age of the data increases, the


importance and reliability/quality of the
information is downgraded by the system
until the data is deemed too old to be used.
This is custom controlled by the
engineering surveyors who analyse the
system output. Therefore, the computation
generally has at every epoch (time interval
or observation set) of data the correct
geometrical observations to perform the
calculation. Occasionally blunders are
generated in the calculation or poor quality
observations are included in the statistical
tests of the computation based on the
parameters and standard deviations of the
operation system and its variables (ATS or
prism specification and observational
constraints). In this case the system
automatically recognises that the output
does not meet the required quality and
follows simple routines to remove these
data points from the observation pool for
the computation based on the standard
deviations and residual values for the
adjustment of the raw observations. The
computation is then re-computed with any
changes to the original data set logged and
ready for notification to the engineering
surveyor overseeing the operation.
Either the system will then compute the
solution for the observation set within its
defined quality parameters or repeat the
removal and re-computation cycle, this will
continue for either a predetermined
number of cycles or until the original
dataset is considered to have changed
significantly to be a true representation of
the current geometry of the system. At this
point the engineering surveyor is notified
of the computation logs and, if passed, the
result of the computation is then uploaded
to the ATS. As this may shift the position of
not only the ATS but also change the
spatial relationship of the prism around it,
the instrument will undertake a reorientation procedure. This entire
procedure of computation and updating of
the ATS generally takes less than 5 minutes
to complete.
There is a further check when the
orientation of the ATS is being updated if
the observations used to compute the
orientation do not fall within the bounds of
a statistical test based on the residual values
of the standard deviations of the computed
values for the observations. The system
again raises a flag to the engineering
surveyor to validate it, however, this is a
warning only.

For the ATS system, the learning


curve we went through has been
a challenging experience to say
the least.
The observations to the array prism are
now undertaken. The ATS is working in a
correctly orientated and network-adjusted
coordinate system and all observations it
undertakes fall into the same geometrical
world. The ATS location is averaged over
24 hours to prevent data jumps from
anomalies in individual epoch
computations. But this only happens if
analysis of the computation result is within
predefined limits and therefore removes
minor computation inconsistencies between
epochs, enabling on average the ATS
locations to be computed to a submillimetre repetition. Should an ATS be
replaced/moved then the trending of data
would need to be based to account for the
actual movement of the ATS, and is
disabled temporarily and the instrument
allowed to update in a single step. This
facility is configurable by the engineering
surveyor controlling the system.
The entire process of starting up the
ATS, then using all of the devices
concurrently to collect data for network
adjustment, adjusting the network and
updating the ATS position and orientation
takes about 20 minutes utilising all of the
ATS and completing over 400 dual face
observations across the network.
Leica GeoMoS software now follows the
user-configured observation patterns and
prism groups and schedules defined using
its highly configured interface to control
simultaneously all of the ATS, making them
turn to and observe the array prisms on the
structures. Again, the same blunder
detection method is applied invalidating
prisms outside of the 100mm sphere and
notifying the engineering surveyor of

erroneous data collected. The erroneous


data is then excluded from the results that
are computed for deformation monitoring.
Following this, a profile is applied to the
displacement values to rotate the
displacement from the orientation of the
site grid to create additional displacement
values along the axis of the structure. This
second displacement is computed in a local
world to the structure and stored in
addition to the absolute displacement, thus
both values are available for analysis. The
system then is able to not only use the data
from real world observations, but can also
compute virtual sensors by using the data
collected and applying mathematical
formulae to combine different properties
from sensors to compute differential values
between them. Examples of this are
differential movement between structures
to determine clearance or, in the case of
rail computing, cant, gauge and platform
clearance in addition to the alignment.
This deformation monitoring process
using all the devices concurrently to
collect data from all the prism arrays on
the structures, then computing in real time
all the displacement data for both the
physical and virtual sensors is nominally
complete within 55-60 minutes utilising all
of the ATS and completing over 2,300
dual face observations for the entire ZOI,
for both the network adjustment and
deformation monitoring observation cycle.
The cycles run at the minimum of
6-hourly intervals.
System configuration
The topology of the communication and
control system for the ATS is reasonably
simple. Each installation in the field is set
up as per the manufacturers
recommendation. To add resilience, an
uninterruptable power supply (UPS) with
voltage monitoring and voltage regulator is
added to ensure the correct power supply
is provided to the ATS. The
communications for the ATS are at source
handled by a GPRS modem connected via

-

145.12540

Manual levelling
System operation
Similar to the ATS system, a rigid survey
control network was established for the
levelling system to ensure the entire
levelling control network has up-to-date
and valid survey control. Any movement
within it is measured and monitored so that
it does not mask real movement or
generate false movement. The entire survey
control network is observed relative to an
off-site deep datum away from the
Paddington ZOI and is updated regularly
ahead of any deformation monitoring
activities. This splits the operations of the
levelling teams into three stages:
1. Observe survey control points
to generate data for network
adjustment (deep datum, common
and reference points).
2. Use data from network adjustment to
validate or update current position
(update pseudo fixed points in ZOI).
3. Observe arrays of points to be
monitored for deformation analysis
(standard arrays).
All equipment used is kept in good
working order and undergoes a stringent
inspection and test method before use. A
best practice survey approach is taken for
the level runs:

the RS232 port to the device. This provides


a static IP address on the Internet for the
ATS operating system (GeoMoS) to
communicate with.
The ATS control software, designed by
Leica, is extremely configurable. Each prism
is defined by its unique name, then
coordinate and prism constant. The prisms
are grouped into observation sets and each
set has its function defined (network
adjustment readings, orientation update or
deformation array) and a schedule of
events for an ATS to measure it. To share
the computing load of the 43 ATS, they are
split between three installations of GeoMoS
on three different servers. These are
interlinked and the observations from them
pooled to the network adjustment to
perform as a homogenous network.
Top: Manual levelling on the streets surrounding C405.
Above: Monitoring points on a London street.

Observe runs with level at equidistant


point between backsight and foresight
along a straight line, thus turning the
level 180 as observing with a maximum
distance to level staff of 30m.
Check reference or benchmark points
when beginning a run. Observing a
minimum of three temporary
benchmarks to ensure not only that the
run is started from the correct
benchmark, but also to validate it against
the adjacent zone to mitigate localised
settlement effects.
Always close a level run, either to the
start point (preferably) or to a known
point and check the value and
misclosure in the field.
Always ensure the foot of the staff is
clean and has free unobstructed access
to the point to be measured.
Level runs are planned in the office
and all staff are briefed on the route and
points to be measured, in addition to
safety and access planning.
Due to the runs being repetitive,
change points for the run and location
of setup points for the instrument are
marked out on the street, with all
change points where practicable being
drilled and fixed with studs with
unique labels.
If any points are obstructed or visibly
damaged, take a photo and make notes

%5+5'3$40546625403#,2+6"12

either in a book or reference them in the


REM line on the level.
Once the level runs are completed, the
loop is computed in the field to ascertain if
re-work is required due to not meeting
tolerances for accuracy. The team then
returns to the office to download data,
process the survey control for later use or,
based on the survey, compute deformation
of any monitored points. Based on an
analysis of the deformation of the points,
several outcomes can occur:
1. The data is considered valid and is
issued to the central database for
external review by the monitoring
management team.

Running the system at optimum


enables the project as a whole to
have the correct facts to make
the correct decisions.
2. The data shows the breach of a
trigger which needs to be validated. The
monitoring management team is
informed that validation is occurring and
until such validation confirms the data, it
will not be uploaded to the central
database for review.
3. The data is significantly different from
the last, not such that it breaches a
trigger but such that additional
frequencies of survey may be required
as advised by the monitoring
management team. However the data is
still issued to the central database for
review.
All levelling data is stored in a bespoke
database. Data analytics are performed
reviewing trends and computing
deformation across the ZOI, either in
groups or as individual sensors. Contours
for vertical displacement are then
computed from this data.

Innovation
During the installation, operation and
maintenance of the scheme we
encountered many difficulties. However,
we viewed them as challenges for inventive
people, not problems.
When running the ATS system we noted
in several locations that power outages
occurred, yet due to the voltage regulators
keeping the supply constant to the ATS, the
controlling software was unable to detect
an imminent power failure or significant
drop in incoming supply. This proved to be
a problem when several instruments were
powered by solar panels. We soon

/&3-/)*

145.12540



developed a solution in collaboration with an electronic devices supplier. The battery


voltage monitor we developed now enables us to query the incoming power supply and
log power reserves in the UPS over time. It also automatically generates alerts should the
voltage drop below a predefined level. This enabled us to be aware of potential failures in
the system ahead of them occurring and take preventative action.
Other innovations included the creation of a bespoke labelling system using small
branded stickers to identify uniquely every monitoring point in the system with an in-thefield ID badge at every location. This removed mistaken point identity errors and led to
easier identification without marking the urban environment.
We also looked at and revised the British Research Establishment (BRE) socket precise
levelling system. This decreased the manual handling of the insertion and removal of the
BRE bolt by installing small fixed brass heads at each location which could remain in place
for the duration of the scheme and act as level studs on a vertical surface. This saved time
and removed repetitive strain injury risk for the operative and the risk of damaging the
BRE socket by repeated intensive usage.
We created bespoke communications solutions for different environments (radio, RS232,
RS485, ethernet, fibre optic) using the most reliable and practical solutions based on the
installation location. We also custom designed ATS installation techniques, including 4m
high pillars, soffit hung brackets, self levelling platforms and environmental enclosures to
protect the ATS. We had to protect the ATS from not just the weather, but also limit
exposure to dust and debris from the London streets.
We developed increased security and anti theft devices, inclusive of physical hardware
locking and software security PIN encoding. This made the instruments and
communication systems working with them as practicably secure as possible. Also, by
purposely installing the equipment in inaccessible locations to the general public, we
acted as an out of sight out of mind guardian. This approach was used for all assets. The
prisms were also expensive to replace, and we were able to develop high security prism
mounts with the help of a supplier to deter would-be thefts.
Software innovation
To aid the engineering surveyors in understanding the geometrical spatial relationship, we
developed a graphical interface using Google Earth to display the network in an easy to
understand interface. For every epoch we generated a data file (Google KML style file) in
which a 3D model of the assets and the observations were stored. This allowed our teams
to understand and plan obstruction prevention for lines of sight, and was a quick way of
seeing the 3D relationship of many sensors in a zone.
Innovations at the data analysis and system maintenance stages were developed as
well. A graphical interface for removing false steps in data was created to enable easy
tracking of false deviations. This enabled the engineering surveyors to remove false
movements caused by system maintenance works (swapping out ATS or moving prisms
due to obstructions) and to enable true continuity of data by tracking only real
displacements of prisms or ATS. The baseline tool automatically logs all changes to the
database and at any stage the modifications can be rolled back. A complete archive of the
RAW data is also kept on file.

Conclusion
To date, our system at Paddington has been able to track deformation of the ground
associated with natural diurnal and seasonal trends, and movement attributed to the
Crossrail station construction works. The system has completed this to significant levels of
accuracy and high precision within the data.
The basic foundation of the system has been good survey practice; not just
undertaking standard monitoring, but performing high quality repeatable best practice
precise surveying on a large scale. We have gained an understanding of the complex
geometries and networks that are involved with such a large mix of assets over a vast
ZOI in central London.
We have found that a structured approach establishing and following procedures
along with planning is key to the success of the works. Without this, the system would
fail or data quality drop off to a level where the captured information would be of no use
to those reviewing it. The surveyors on the project are for data collection not for
interpretation of ground movement. When the system they work in facilitates collating
highly accurate and precise data that is then given to the correct people with clarity at the
correct moment, it becomes a powerful tool in the analysis of ground deformation
monitoring. Running the system at optimum enables the project as a whole to have the
correct facts to make the correct decisions.
The deformation monitoring process of using systems concurrently to collect data
from all sensor arrays on the structures in real time has enabled the entire ZOI to be
reviewed. The inclusion of correlation between the different sensor systems to analyse
the effects of the construction process on the adjacent assets has assured that any

The basic foundation of the


system has been good survey
practice; not just undertaking
standard monitoring.

movement trends are noted and analysed,


and ground deformation mitigated by
construction methodology controls.
Crossrails motto is moving London
forward. Within our engineering surveying
team, we run, operate and maintain one of
the best levelling schemes on Crossrail
and the largest Leica homogeneously
adjusted ATS scheme in the world. So, for
our team, we have adopted the motto
moving monitoring forward.
Steven Thurgood MCInstCES,
Engineering Surveying Manager,
Costain Skanska JV, Crossrail
Contract C405: Paddington Station
steve.thurgood@costain-skanska-jv.co.uk
www.skanska.co.uk
www.crossrail.co.uk
Top: A self levelling platform in action.
Above left: The BRE bolt modified for use on the project.
Above right: Tagging monitoring points to avoid mistaken identity.

/&3-/)*

 -



PF2 and the aggregator:


The new kid in PFI town
Chris Hallam

FCInstCES,

Partner, Pinsent Masons

F2: The Aggregator. Sounds a bit


like the title for a Hollywood
blockbuster doesnt it? Sadly, this
isnt Arnold Schwarzeneggers latest
offering. Its actually the brainchild of the
Education Funding Agency and a means of
attracting investment into the governments
latest school building programme.

new state of the art hospitals is not


necessarily a fair criticism of PFI. After all,
you wouldnt expect too much sympathy
if you bought a brand new Porsche but
were unable to afford the repayments.
In any event, PFI is now dead, but most
of its principles live on in the form of PF2.

PF2 son of PFI


The private finance initiative

Chris Hallam considers the


promising partnership of
PF2 and the aggregator

PF2 follows on from its now defunct


sibling, the private finance initiative. As
readers of these pages will no doubt
know, PFI has come in for a bit of flack
over recent years and has fallen out of
favour. By way of a recap, PFI is a fairly
simple concept; a procuring authority
(such as an NHS trust or local council)
engages a special purpose investment
company (SPV) to design, construct,
operate, maintain and provide services to
an infrastructure asset (a hospital or
school and so on) for a 25 year or so
term. However, rather than require the
authority to pay for the construction of
the asset at the outset, the SPV borrows
most of the cash from one or more banks
and injects the reminder in the form of
equity, via the shareholders of the SPV.
The SPV then charges the authority for the
use of the asset over the term. A large
proportion of this charge is used to repay
the banks, and most of the rest is used to
pay for ongoing operation and
maintenance of the asset. Whatever is left
is the SPVs return on investment. Its a
kind of glorified hire-purchase agreement,
but for a hospital or school, rather than a
new widescreen telly.
PFI has been the subject of much
criticism by politicians of all persuasions
for being too expensive, too slow,
inefficient, inflexible, lacking in
transparency, delivering poor risk transfer
and any number of other criticisms that
meet the particular needs of the politician
in question. To be fair, the criticisms are
not entirely without merit, but as with
most popular causes, they have somewhat
been exaggerated. The fact that many
NHS trusts now seem unable to pay the
ongoing bills for their brand spanking

PF2 was essentially born in December


2012 when the Treasury published the
document A New Approach to Public
Private Partnerships. My article in CES in
September last year set out the main
tenets of PF2, but it is worth a brief recap.
Unlike PFI where SPVs were wholly
owned by the private sector, under PF2
the public sector will take a stake and
have a seat at the table.
Taking the lead from the Scottish
non-profit model, PF2 will be light on
soft FM services (such as cleaning,
catering and so on).
Change in law risk is taken back by
the public sector.
There are new requirements for
greater visibility of lifecycle
arrangements and cash surpluses.
However, despite the changes that have
been introduced by PF2, many of the old
features of PFI remain. More a case of
evolution rather than revolution.
So, whats the impact of PF2 been then?
Well, not a lot. The only sector that is
using it to any significant extent (and
even then, in a quite limited capacity) is
the education sector, more particularly the
Education Funding Agency (EFA). The
EFA is part of the Department for
Education and, as the name suggests, it is
responsible for managing the funding of
state education for 3 to 19 year olds. It
performs many of the functions of the
now obsolete Partnerships for Schools,
the old quango abolished by Michael
Gove early in his reign as education
secretary (and before he was banished
from that role in the latest cabinet
reshuffle). The EFAs role includes the
management of the procurement process
for schools being constructed using



 -

PF2.Of the 261 schools being built or


rebuilt by government via EFA, only 46
are being procured through the PF2 route,
albeit that these have a capital value of
700m. The aggregator model will be
used to procure the finance to pay for it.

The aggregator funding scheme will


therefore provide a central source of
finance for the 46 schools to be procured
using PF2. These will be procured in five
separate batches, each likely to be of a
similar value (around 140m each), and
will be procured in accordance with PF2
principles which will involve the design,
construction and provision of hard
facilities management services in respect
of multiple schools.
The funding is to be managed by the
aggregator, which will be able to access
both bank debt and the capital markets in
order to pull together the public sectors
share of the funding and make the money
available to the successful private sector
bidders for each of the five batches of PF2
schools. The main difference between this
and the old PFI model is that under PF2
the successful bidders for each batch of
schools will look to the aggregator for the
finance, rather than the bidder itself
dealing with funders.
The intention is to create much greater
efficiencies than would be possible were
each project to secure financing
individually, as with the old PFI. This
aggregated model also addresses issues
associated with the availability of longterm debt (which was not readily
available at the time PF2 was launched,
although market conditions have eased a
little since then).

The aggregator
Last autumn, EFA launched a tender
process to find a company or consortium
to leverage funding to attract investment
into the governments school building
programme. In addition to being given
the rather grand title of the aggregator,
the successful bidder would be
responsible for sourcing funding to help
attract private sector investment in 46
schools identified by the government as
being in priority need of rebuilding or
repair. In July this year the EFA
announced the Amber consortium as its
selected bidder.
The aggregator funding solution works
on the basis that the funding requirements
of several projects are aggregated into a
single pot, to allow access to more
competitive funding solutions. In essence,
a one-stop-shop for project funding. It is
anticipated that the underlying PF2
projects will attain BBB minus credit
ratings and that the on-loans to those
projects by the aggregator will be made
on the basis of standard documentation
agreed at the outset.

%5+5'3$40546625403#,2+6"12

Its a kind of glorified hire


purchase agreement but for a
hospital or school.
Judgement day
It will be interesting to see how the
Aggregator model works out, but it is
certainly a step in the right direction in
terms of the procurement of privately
financed government projects. Much of the
time spent procuring the old PFI projects
went to addressing funders requirements
in respect of the project documents and
funding agreements. With much of that
work done upfront under the aggregator
model, it is hoped that PF2 can be the
standard bearer for a more streamlined,
more cost-effective and more efficient
procurement process for PF2 projects.
Well, thats all from me for this month,
but as Arnie might have said, hasta la
vista readers. Ill be back.
Chris Hallam FCInstCES, Partner,
Pinsent Masons
chris.hallam@pinsentmasons.com
PinsentMasons.com
@ChrisHallamLaw

ULTRA SYSTEM

EXPERT UTILITY TRACING AND LOCATING

/&3-/)*





BIM: Driving internal change


Ivan Hurst

MCInstCES,

Ivan Hurst Consulting

N building information modelling, at


same time we engage with the
supply chain, we should commence
the internal change process. It is perhaps
a more difficult task that that of engaging
with the supply chain. Traditional change
management wisdom tends to indicate a
ten year programme driven from the very
top of the organisation, with vigour and
commitment. A clear goal with
manageable steps equates to a transition
plan that can be monitored, reported
upon, and tweaked along the way as
necessary. Ah, such luxury.
If we start with the premise that BIM
will impact all areas of an organisation
and that cultural change is required to
acquire the appropriate collaborative
behaviours across the business, we will
not be far off the mark. We have the
beginning of a concept of scale. Any area
that is not impacted, and that will not be
many, has been at least considered. The
equivalent of a right side failure.
It would appear therefore that we are
embarking on a quest to change the
whole organisation. As if you had not
guessed, this is where the problems start.

Solution mode

Can BIM drive cultural


change from within?

Let us jump straight into solution mode. Is


that not what we do for all our problems?
We know what the problem is, we know
what we want to achieve, a bit of gap
analysis, and we have a solution. Then
apply some people skills and we have a
plan. Or do we?
BIM is not a defined entity. It is still
being shaped and matured. At the time of
writing, PAS1192-3 has recently been
published. BIM is not just a process to be
implemented. Given that I have
previously stated than BIM is
predominantly about people, treating BIM
as an entity to be switched on or a
process to be rolled out and adopted does
not appear to be the road to success.
In fact, I would go further and suggest
that that method would almost lead to
failure. The result may be a particular
flavour of BIM adoption, but it will not
leverage the maximum benefits.

The normal steps in cultural


change management dont quite
work in this scenario.
BIM is a combination of technology,
process, codification and people. Separate
these as workstreams of the whole BIM
implementation. Each needs careful
attention as they are all interdependent.
The technology is probably seen as the
most exciting, most interesting one to
tackle first. Adopt the new technology
that everyone is talking about first and the
rest will follow.
Unfortunately, all too often this is
shown to be not the case. People dont
naturally follow technology in a work
environment. Given that a change in
behaviour to one of collaboration is part
of the BIM implementation goals, it
appears to be at least a little disingenuous
to define and create the technology,
process or codification solution without
first engaging with the stakeholders to
establish what those solutions look like.
This is further exasperated by the
current lack of a mature BIM concept. It is
something of a moving target which in turn
makes having a fixed solution somewhat
futile. BIM is still developing therefore the
solution must also develop and change. To
have a workforce that can accept this
concept of change requires that they are
sympathetic, understanding and supportive
of the cultural change embodied in BIM
implementation. The normal steps in
cultural change management dont quite
work in this scenario. This is more a case
of organic growth. A journey to be
experienced and enjoyed. Get the people
with you and travel the journey together to
leverage the maximum benefits out of your
investment in BIM. Having the staff with
you is more important than engaging with
the supply chain.





%5+5'3$40546625403#,2+6"12

Drive internally or get help


There is a lot of discussion about whether to drive BIM
implementation internally, with home grown enthusiasts, or to
seek external expert help. The problem with the former is what
the enthusiasts are doing now and who will do that whilst they
are tasked with changing the world, or will that just be a bolt on
to their current role? BIM is not CAD on steroids. It is not just a
change in technology or process. If you have spare cultural
change managers within your organisation, ask yourself; are you
changing too much, too frequently?
In a recent BIM Experts Group Linkedin discussion on the
easiest/softest way for changes for an organisation to adopt BIM,
I wrote:
I believe that to get the greatest benefit you need to hire two
people, or one person with two skill sets. The first to deal with
the technical elements of BIM implementation and the second
with the cultural change. They are both transient positions
and are therefore best as externals. There are too many
political considerations to attempt same from within. However,
part of the brief should be to inform and educate the existing
workforce thereby enabling them to carry on with subsequent
projects, with enriched and engaged staff, to reap the rewards
of the previous investment. I agree with the concept of starting
with a well formed medium-sized project that is sufficiently
large to carry the burden of the learning curve.

important part of the cultural change


mechanism. Using push-pull to create
change needs to be seen to have influence
to gain the credence necessary to
implement the desired change. The topdown method normally associated with
cultural change management remains
the preferred method with the greatest
probability of success.

The BIM implementation programme is


beginning to have legs

Admittedly and irrespective of me potentially being that help,


and therefore having a vested interest, I do believe the dynamics
of most organisations, are such that good externals will provide
a better chance of success.

The backbone of the technical solution


has to be established to enable the
cultural change to progress. The people at
the forefront of the drive must be kept
engaged and driving forward. At this point
you will enter uncharted territory. The
codification is not yet devised. The
technical solution is not fully formed due
to both technical and people issues. The
process change requirements are not yet
known as stakeholder engagement is yet
to be complete. The wider community is
entering the awareness phase and a
newsletter is produced and circulated to
aid that process.

Sphere of influence

You are ready to start

The ripple widens, the awareness campaign gathers momentum.


The strategy is for progressive implementation:

You will start to establish what all of the


stakeholders have to offer and what they
would like. Ah, a problem already, they
dont know what is on the menu, so how
can they choose? Hold some workshops
asking what they would like if all their
Christmases had come at once, and
anything was possible, then carry out the
gap analysis, followed by the three
horizons. That gives you a starting point of
what the stakeholders want, categorised
into now, near future and far future
plus almost inevitably, never. Even the
never could change in the future.
Then its a case of data meets people.
Create the process around the people and
the data, always remembering that you
are striving towards a collaborative
environment. Link this to the supply chain
engagement drive, and you have reached
the start line. Dont forget that you dont
yet know what race you are in or what
the rules are. You have to find those out,
collaboratively, in the future. It is an
organic process that will continue to
change and grow as the industry changes
and adapts. The process will not be static
for some considerable time to come.
Bang! (Starting gun).

Awareness
Inform
Engage
Educate
Enable.

The ripple deals with different groups. It is therefore logical that


different groups within the ripple will be at different stages of
progressive implementation. The centre of the ripple, which may
be in the educate stage, still needs stoking, whilst the outer parts
of the ripple are still in the awareness stage.
When this stage is reached the sphere of influence can be
seen as growing exponentially. People talk to each other,
awareness spreads. People go to meetings and mention or
compare notes on BIM. The grapevine should not be
underestimated as an effective communication vehicle. Instead of
having to push to get a slot to present BIM, requests are made.
This is all part of the communications strategy.
At an early stage a BIM steering group will have been set up.
Time progresses, and the ripple widens, the steering group needs to
widen. There comes a point where the steering group needs review
and rationalisation. The members should ideally be selected from
all of the major stakeholder groups, across the whole life cycle of
the asset, not just the intervention. The group started small with
keen enthusiasts. Now it is at the limit in terms of size to be a
steering group at all. Compare the steering on a rigid inflatable boat
to that of a super tanker. You must maintain the enthusiasm though.
The steering group starts to grow in reputation. People now request
that other people are incorporated into the steering group.
Add the ripple, the progressive implementation, and the growth
in the steering group; it is very evident that the sphere of
influence has multiplied several fold. The sphere of influence is an

Ivan Hurst MCInstCES,


Ivan Hurst Consulting
ivan@ivanhurstconsulting.com
http://ivanhurstconsulting.com
http://uk.linkedin.com/in/ivanhurst

/&3-/)*



&

Dos and donts in the US P3 market


Joanna Horsnail, Partner, and Rachel Smith, Associate, Mayer Brown

NITED States jurisdictions are


increasingly authorising publicprivate partnerships as a way to
deliver value and new infrastructure to the
American public. As multiple successful,
timely and cost-effective P3 projects have
been delivered throughout the country,
budget-conscious government owners
increasingly seek creative ways to partner
with the private sector to achieve efficiency
and high quality. The growth in both
frequency and sophistication of P3 projects
in the US has attracted foreign investors
and international construction firms, which
have become key players in the market.
While many non-US markets have a
longer history of P3 projects, it is important
for any new foreign participants to consider
the impact of complex political and
regulatory systems specific to P3 projects in
the US. Critical value drivers which are
specific to the US market may not be
obvious to new participants. In this article,
we highlight a few dos and donts for
foreign participants to consider when
bidding on US P3 projects.

Do join the team

What to do and what not


to do to become part of a
US P3 project

Do team with players who are experienced


in the US market if you do not have
previous experience in this arena. The P3
market in the US is competitive and
diverse. Each jurisdiction is subject to
varying legal and political issues that will
have a significant impact on the cost and
success of a project. As such, it is important
to seek team members on whom you can
rely for market experience.
A number of domestic and international
investment and construction firms have
developed significant institutional expertise
related to the procurement process in
various US jurisdictions. These experienced
firms can serve as a useful resource for
their team members when navigating a
complex transaction in a foreign political
and regulatory regime.

In addition to labour costs, the


availability of necessary skilled
labourers in the area should be
considered in connection with
the hiring requirements.
oversight of multiple governmental
authorities. Statutes authorising P3 projects
vary from jurisdiction to jurisdiction, as
does a government owners authority to
enter into various contractual and financial
arrangements with the private partner.
While bidding documents often provide
proposers with helpful background
information with regard to applicable
federal, state and local laws, it is important
to engage experienced counsel to explain
the implications of the regulatory
framework which is likely to have
significant cost implications on the project.

Do suss out the subcontracting


Do look into labour and subcontracting
requirements applicable to the project.
Many projects will require that certain
minimum thresholds be met related to the
hiring of disadvantaged, minority and
female-owned businesses.
There are likely to be prevailing wage
laws which can impact labour costs. In
addition to labour costs, the availability of
necessary skilled labourers in the area
should be considered in connection with
the hiring requirements. Your team should
factor in these considerations in submitting
a profitable bid.

Dont assume your rights


Dont assume the law
Dont assume that the laws of every
jurisdiction will be the same. Many P3
projects will be subject to the laws and

Dont assume you will have the same rights


and remedies in the US that you have in
other jurisdictions. Many governmental
entities have sovereign immunity of some

*/


$+64.(

%5+5'3$40546625403#,2+6"12

level, which can significantly limit your


ability to seek legal recourse against them.
Additionally, you should consider any
limitations on the government owners
ability to pay the developer during the term
of the project. Availability payments can be
subject to appropriation. It is important to
consider appropriation risk when
determining what risks your team is willing
to assume.

Do remember youre a foreigner

Do get to know your licenses

Dont skip the workshops

Do become familiar with the registration


and licensing requirements at the state and
local level. Determine whether you will
need to be registered with the applicable
secretary of state in order to participate in
the bidding process and whether any
engineering, general contractor or other
licenses are required by the applicable city,
county and/or state.
It is quite likely that licensing may be
required at several levels. Verify that the
appropriate entity within your bidding team
has obtained all necessary licenses prior to
bid submission.

Dont skip bidding workshops and question


and answer sessions with the government
owner. These workshops are a valuable
way to get information to make your bid
more efficient. Government owners
appreciate thoughtful, reasoned
participation by bidders throughout the
proposal process.
By engaging in constructive dialogue
with the government owner, you may be
able to obtain desired revisions to project
documents, in addition to cultivating a
positive relationship with the government
owner and obtaining useful insight into the
status of the procurement.

Dont ignore politics


Dont ignore the role of politics in a
government transaction. It is important
not only to have a firm understanding of
the statute authorising the P3 project, but
also the likelihood of the projects success

Bentley LEARNing Conferences


09-10 September 2014: North Carolina, USA
06-07 October 2014: Mainz, Germany
08-09 October 2014: Mainz, Germany
www.bentley.com/en-US/Training
Construction Law Summer School
01-04 September 2014: Cambridge, UK
10% saving with VIP code: FKW82466CICL
www.ibclegal.com/FKW82466CICL
CTBUH International Conference
16-19 September 2014: Shanghai, China
www.ctbuh.org
Geo: The Big 5 Big Data
18 September 2014: London, UK
www.agi.org.uk
ICES Dinner
19 September 2014: Droitwich Spa, UK
www.cices.org/events
EWI Annual Conference 2014
Expert Witness Fit for Purpose?
25 September 2014: London UK
www.ewi.org.uk
Constructing Health and Safety
25 September 2014: London, UK
www.ice.org.uk

Do become familiar with the laws that


apply to foreign investors. Consider the
impact of anti-terrorism laws and
regulations enforced by the Office of
Foreign Assets Control. These rules and
regulations may impact or restrict your
ability to partner with certain foreign
entities, and will require certain disclosures
during the procurement process.

Many governmental entities have


sovereign immunity of some
level, which can significantly
limit your ability to seek legal
recourse against them.
based on political climate and any
potential opposition.
Review the politics surrounding the
project if the authorising statute requires
additional input or approval during the
procurement process. You should be aware
of the politics at a local, state and federal
level in order to determine the likelihood
of success of the project.

Cambridge Lecture
08 October 2014: Cambridge, UK
www.cices.org/cambridgelecture
Geo: The Big 5 Policy
09 October 2014: Cardiff, UK
www.agi.org.uk
CECA Vision: Debate & Dinner
10 October 2014: Manchester, UK
www.aldercross.com
FIDIC Americas Contract Users Conference 2014
14-15 October 2014: Miami, USA
www.fidic.org/events
International Cost Engineering Council World
Congress
21-23 October 2014: Milan, Italy
www.icec2014.it
Hydro 14
28-30 October 2014: Aberdeen, Scotland
www.hydro14.org.uk
ICE BIM 2014
29 October 2014: London, UK
www.ice-conferences.com/ice-bim-2014

Joanna Horsnail Partner, and Rachel


Smith, Associate, Mayer Brown
jhorsnail@mayerbrown.com
rsmith2@mayerbrown.com
www.mayerbrown.com

GeoDATA
04 November 2014: Glasgow, UK
20 November 2014: Belfast, UK
04 December 2014: London, UK
www.geoinformationgroup.co.uk
Year in Infrastructure 2014
04-06 November 2014: London, UK
www.bentley.com
GeoCom 14: The Changing Face of Geo
11-13 November 2014: Warwick, UK
www.agi.org.uk
Integrated Transport
12 November 2014: Cardiff, UK
www.ice.org.uk
Highway Maintenance Sharing Best Practice
13 November 2014: Doncaster, UK
www.asphaltindustryalliance.com
GeoBIM Europe 2014
19-20 November 2014: Amsterdam,
Netherlands
www.geo-bim.org/europe
European LiDAR Mapping Forum
08-10 December 2014: Amsterdam,
Netherlands
www.lidarmap.org

/&3-/)*

2102!!540

*)

Get with the programme


Matt Danby

MCIOB,

Senior Consultant, MBM Consulting

VER the years Ive heard many


individuals say dont give the
client too much detail, it will only
come back to bite you... youll see... give
them a vague high-level one instead...
Now, sit in the clients seat; what is this
piece of paper in front of me with
ridiculously long bars? No logic links! And
what logical sequence have they used? Can
this contractor actually deliver what I am
trying to procure?
This article aims to set out the key
considerations when drafting the tender
programme and the benefits of doing so in
a detailed, methodical and logical way.

Read the tender documents


Quite an obvious starting point, but the
devil is in the detail. Find out what is
being asked for in terms of the
programme, ascertain what the client is
expecting to see. It may be asking for
long-lead procurement items, periods of
contractors design, key dates and access
dates. It may also ask for time risk
allowances, total float and the critical path
to be shown.
Failure to provide any of the requested
information will most likely be reflected in
the scoring of your tender or it may even
cast doubt in the clients mind as to how
important this tender is to you as a
contracting organisation.

Matt Danby discusses the


considerations and
benefits of preparing an
accurate and detailed
tender programme

Purpose
The main purpose of producing an
accurate tender programme is to
demonstrate to the client that you have
considered the proposed timing, sequence
and duration of installation.
Should the tender bid be successful the
tender programme may then become, or
form the basis of, the construction
programme used at the outset of the
installation works.

Detail or no detail
There is sometimes a train of thought that
in providing the client with a high-level

A sample tender programme.

Should the tender bid be


successful, the tender
programme may then become,
or form the basis of, the
construction programme
used at the outset of the
installation works.
form of tender programme, it will
somehow use it against you. As noted at
the outset of this article, the concern is
that by providing a high-level programme
with limited useful information on it, the
client may consider that you (as a
competent contractor) had not given due
consideration to the timing, sequence and
duration of works required. It also may
indicate that you do not have an
understanding of the planning process or
the expertise to implement it.
Providing a detailed tender programme
not only provides the client with an
accurate representation of the project but
also acts as an in-house management tool
to accurately assess the resources
required along with the projected cash
flow for the lifespan of the project. It also

*-

2102!!540

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gives the client confidence that it has a


competent contractor and a well thoughtout programme.

Scope
A review of the contract documents,
particularly the drawings, specification and
preliminaries is essential to understand the
scope of the project along with any
specific constraints such as location,
working hours, timing and specific
sequences required.
Discussions with the proposed project
should take place to discuss their
proposed methodology and sequencing as
it is of limited value if a planner produces
a programme which the site team have no
intention of following from the outset. If
the activities are not provided in the
tender documents it is the responsibility
of the planner to review the drawings and
specification to list out the activities and
group them in a logical manner.

Durations
The duration for each activity should then
be calculated taking in to account available
resources and any constraints that will
have an impact on that activity, such as
working hours and possessions. One
method to calculate the duration of an
activity is to calculate the output per
person for a set amount of time and
multiply until you reach the desired total
output. This will determine the amount of
time required to complete the task.

Logic links
Logic links are an essential part of a
programme. Apart from start and finish
activities, each activity should generally
have a successor and a predecessor i.e.
Activity B cannot start until Activity A is
complete, the only real exceptions being
specific logic links such as start-start links.
Lag can be introduced into the logic links
whereby Activity B can only start once 80%
of Activity A is complete and so on.
Once the programme is complete with
all activities listed, durations calculated
and logic links applied, then the
programme can be scheduled to ascertain
the date for completion.

Sequencing
If after scheduling the programme the
desired date for completion is not achieved,
it is then the responsibility of the planner
along with the project team to assess areas
of the programme that can be improved
either by allocating additional resources,
using different methods of construction that
will save time or by sequencing activities in
a different manner, for example by
increasing the concurrency of activities.
These are just the basic ingredients to a
tender programme and not an exhaustive
list by any means.

Apart from start and finish


activities, each activity should
generally have a successor and
a predecessor.
Proposed structure
These items are just an idea of the basic
structure of a tender programme:

Tender period
Contract award
Mobilisation and health and safety
Procurement
Design
Enabling works
Construction works.

The construction works heading can be


broken down to a commensurate level in
accordance with the size and complexity of
the project, for example into specific
chainages or areas of work.

Certainty
A client or its respective consultants want
certainty that what is being asked for is
actually deliverable by the contractor
within the prescribed timescales. However,
the production of programmes is often so
far down the list of priorities that
sometimes programmes are not produced
at all.
Once again, if I were the client I would
be asking how on earth does this
contractor plan to carry out the works,
never mind how to plan its resources,
materials and ultimately cash flow...

Conclusion
Producing an accurate and detailed
tender programme for each and every
tender you bid demonstrates credibility to
the client that a contractor understands
the nature of the project, is capable of
effective project delivery and is
adequately prepared in terms of the
resources required to install and manage
the works.
It demonstrates proficiency and
contractual understanding, giving the client
confidence that it has an experienced and
professional contractor on board.
Matt Danby MCIOB, Senior Consultant,
MBM Consulting
mattdanby@mbmconsult.com
www.mbmconsult.com

/&3-/)*

5(

Risk Engineering a solution


Itll be fine or it could be you?
Mike Grant, Partner and Head of Professional Risk, Weightmans LLP

N research carried out on behalf of Weightmans LLP earlier


this year the overwhelming response from those working as
professionals in the construction industry was that the sector
faces increasing risk. Over 200 professionals responded to a range
of questions about insurance and the construction risk landscape.
The environment described was one in which systems are in
place to address risk, and strategies such as identification and
avoidance of historical problems, and contractual reviews to
isolate inappropriate allocation of risk were deployed.
Surprisingly, 80% of those who responded complained that
contractual obligations are becoming more onerous and complex
with many uncertain about the extent of insurance cover
available for ever widening liabilities. Yet the vast majority of
those questioned said that they carried out regular checks to
ensure that the
evolving profile of
their business
dovetailed with its
80% of those who responded complained that
insurance
requirements.
contractual obligations are becoming more
Many
onerous and complex.
respondents
indicated that
adopting a tough
approach in
negotiations was an important way in which to limit exposure
and the majority of those at the sharp end of those negotiations
were aware of the scope of their insurance cover.

Contractual and commercial

Examining the pitfalls


within the construction
risk landcsape

In an environment in which professionals are increasingly being


asked to sign up to contractual provisions that may put them in
breach of their insurance contracts or otherwise be uninsured,
many respondents referred to having put in place contractual
contingencies or internal insurance type funds to address
uninsured scenarios, although more than 25% suggested that
such uninsurable risks were simply ignored.
Over one third of those interviewed thought that there would
be casualties in the sector as a result of escalating risk issues.
The reality seems to be that although risk is recognised and
tackled, ultimately the decision about whether to proceed with a
project with a high risk profile is a commercial one. The
imperative to win business and carry on trading means that the
shadow of risk follows every business and the prospect of riskrelated business failure is a fact of professional life.
Against that backdrop, the most surprising revelation from
engineering respondents was that the majority of them did not
have a system in place for ensuring that there is no conflict
between trading terms and conditions and insurance provisions.
Ironically, this means that avoidable problems exist despite
heightened concern in the construction industry about risk and
the prediction that businesses will fail as a result of it.

*

**

5(

%5+5'3$40546625403#,2+6"12

attempt to prevent an engineer relying on


a partial-defence of contributory
negligence. So, as engineers potential
liabilities widen, their ability to defend
themselves appears to be narrowing.

Suggestions that collateral warranties are


executed as deeds and provision for multiple
assignments also need careful scrutiny.

Itll be alright on the night


In the circumstances revealed by our
survey, a system for checking and vetting
contractual arrangements to ensure
compliance with insurance arrangements
is vital. This will maximise the prospect of
risk reduction and transfer, and the ability
to carry on trading. Some of those
surveyed recognised that firms will go out
of business in the future as a result of risk
issues and that the itll be alright on the
night mentality is perceived to remain as
a powerful influence in the construction
sector. However, a systematic approach to
identifying risk, underpinned by
appropriate insurance cover and
accompanied by informed commercial
judgments about the residual risk that
remains, ought to ensure that the
minefield of risk and the contractual maze
that is part of every engineers life can be
successfully negotiated.

Transfer and limit risk


The economic upturn will lead to an increase in the use of
collateral warranties and other contractual mechanisms to transfer
and limit risk, and that is what we are seeing. In recent times, the
courts have tackled the question about whether a collateral
warranty agreed by a professional is sufficient to allow its insurer
to refuse to indemnify it where it has diluted the scope of the
available defence Oakapple Homes (Glossop) Ltd v DTR (2009)
Ltd (In Liquidation) (2013) EWHC 2394 (TCC). It is imperative that
engineers are aware of such contractual mechanisms and how
they may impact upon their insurance arrangements.
We have noticed an increasing trend for engineers to be
asked to accept contractual terms which may compromise their
insurance cover. Fitness for purpose guarantees and performance
warranties are more common, as well as clauses requiring work
to be done to the satisfaction of the client. Suggestions that
collateral warranties are executed as deeds and provision for
multiple assignments also need careful scrutiny.
Attempts to remove the right of an engineer to argue reliance
as a defence are increasingly common as are no inspection
clauses where it is accepted that an inspection or other survey of
the engineers work by the beneficiary of the term does not
reduce the engineers liability. Such clauses are used in an

Mike Grant, Partner and Head of


Professional Risk, Weightmans LLP
Mike.Grant@Weightmans.com
www.weightmans.com

The (CES) social network


Today I've been working in land survey for 29
years without a change - do I get a prize?!
@CharteredICES @surveyassoc @RICSnews
@LeicaGeoUK
@Survey_Solution

Which takes precedence? The model or


the drawings?
CITA BIM Group

Great morning for


#laserscanning the
#SeafordHead to
#BeachyHead #cliffs
@channelcoast

@savenenevalley:
Mm, are they edible?
:)
@nationaltrust

Locating services in
airport long term car
park - wrong time of
year to be doing it!
@MSURV

Digital Plan of Work: I'm interested in hearing anyone's views on the digital
plan of work. The effects on their clients. Is it right to move from NR GRIP or
HA PCF to a unified plan of work ?
David Owens, BIM 4 Infrastructure (UK)

LIFTOFF of #WV3
from Vandenberg,
beginning mission to
kick Earth imagery
up a notch!
@b0yle

@RICSnews I have had problems sourcing


bricks this summer. I was quoted a 44 week
lead time! I am now designing out brick in my
current jobs
@pauldcallaghan

Wonder if I can get my total station to make


cool noises when I trigger the laser, like the
ones on #Crossrail
R L Surveys Ltd

On way to Pulborough. Entertained by warning to


hold onto any drinks for our own safety as the
trains detach - sadly I'm without tea.
@ThirlwallAssoc

It never ceases to
amaze me what
some 'clients'
expect us to provide
for free.
@MarcusBurtBKK

We can confirm, through selfless and vigorous testing, that the fun
demonstrations for our 'Carbon Conundrum' event at the British Science
Festival are indeed FUN. Come and have a go yourself on Sunday 7th
September.
British Geological Survey

  



The future is bright


Rory Stanbridge

MRICS FCInstCES,

Secretary General, The Survey Association

M
Rory Stanbridge discusses
the positive direction
surveying has moved in
and reflects on where the
future lies for the industry

Alison Watson (left) and Olivia Masters (right) demonstrating the


bright future and opportunities in the surveying industry.

ALE dominance in surveying


has been a historic issue for the
industry. However, although
traditionally that was the case, recently
things have begun to change and surveying
is beginning to become more open.
In April this year, Olivia Masters from
Airbus Defence and Space UK (previously
Astrium Services and Infoterra), was elected
to our council following a stint on our
Technical Committee. She is the first
woman to achieve this status at TSA and I
believe it demonstrates the positive
direction in which the industry has moved
and is continuing to move today.
The number of other women involved in
senior roles within TSA membership is a
confident reflection of progress in
surveying. When Olivia took her degree in
topographical science, six out of the 12
students in her year were female, and it is
now that we are seeing the great
opportunities women have to progress in
the industry.
ICES members will be aware of the work
of Alison Watson following the interview
with her in Aprils edition of Civil
Engineering Surveyor. Alison runs the
Design Engineer Construct! curriculum that
aims to increase awareness of our industry
at school level. I attended a function in

The equal split of students


between boys and girls, all of
whom seemed to love the
challenge that surveying and
engineering has to offer, was
wonderful to see.
Westminster recently, which was run by
Alison and featured three of the schools
that she is working with. The equal split of
students between boys and girls, all of
whom seemed to love the challenge that
surveying and engineering has to offer, was
wonderful to see.
So lets get out there, talk to the
surveyors of the future and tell them what a
fantastic career it can be. I have been
involved in surveying for almost 50 years
and still love it!
Rory Stanbridge MRICS FCInstCES
Secretary General TSA
office@tsa-uk-org.uk
www.tsa-uk.org.uk

*

215'6(

On one of its latest projects, Universal Heat


Transfer Ltd had to manufacture header boxes
and channel heads for the refurbishment of four
hydrogen coolers for a power station generator
cooling system. Winn & Coales (Denso) Ltds
Archco-Rigidon 403D was specified to give fit
and forget corrosion protection of the carbon
steel substrate from the coolant inside the header
boxes for a minimum of ten years. Winn &
Coales checked the specification for both
suitability of Archco-Rigidon 403D and also for the method of
application, given that the coating had to be applied in normal
engineering workshop conditions. The glass flake vinyl ester
Archco-Rigidon coating was inspected and found to be more than
adequate in terms of finish and film thickness, including Holiday
Detection readings, to provide the required protection. www.denso.net

Pelydryn Ltd, specialising in the acquisition of


airborne bathymetric LiDAR worldwide, has
announced the acquisition of the new
CHIROPTERA II topo-bathy LiDAR system
from Airborne Hydrography and Leica
Geosystems which was introduced in early
March this year. CHIROPTERA II is an
innovative LiDAR system which
simultaneously captures the full waveform in
both the 35 kHz bathymetric channel and 500
kHz topographic channel. The system targets
the growing need for high resolution accurate
topographic and bathymetric surveys in the coastal zone and other
shallow water The system integrates the latest Leica RCD30 80MP
camera allowing high resolution surface imagery to be captured
simultaneously during airborne surveys. www.pelydryn.co.uk

%5+5'3$40546625403#,2+6"12

Saint-Gobain Webers concrete repair


products have been used in the essential
recovery of Meadfoot seawall. weber.cem
spray DS is a polymer modified, dry-spray,
structural repair concrete that contains
inert limestone aggregates and dust
suppressants. weber.cem spray DS gives
early strength with initial set in 2-3 hours,
minimal shrinkage and a compressive
strength in seven days of 49.8MPa.
Similar attributes encouraged the use of weber.cem spray RS which
hardens within a minute and will resist washout in 10 minutes.
The third Saint-Gobain Weber product used was weber.cem
conspray which is an economical, cement-based, dry-spray
concrete used in this operation for larger areas of the wall where
large volume application was more appropriate. www.netweber.co.uk
During works to refurbish the pipeline
part of the Kennet Pumping Station it was
observed that two VJ couplings and
associated pipework within a chamber
were suffering from surface corrosion due
to deterioration of the original protection
system. Subcontractors wire brushed all
chamber pipe and coupling surfaces and ensured they were dry
and free from contaminants. After stabilising the surface with a
paint primer, Winn & Coales (Denso) Ltds conventional protection
system was then applied, starting with Denso Paste and then
application of Denso Mastic on bolt heads, nuts, flanges and other
projections to give an overall smooth external profile. This was
then wrapped with Denso Tape in a spiral wrap using 55%
overlap. The tape extended along 150mm of the protected barrel
of the pipe on each side of the joint and fittings. www.denso.net

/&3-/)*

%'((556(
6263.13,"

Mapping, Software & Data

*

Site Reporting

Surveys

The Inspection Manager


Mobile onsite reporting app
Our clients are producing reports and
surveys in less than 50% of the time

Open technology and standards-based


solutions for sharing spatial data
www.cadcorp.com

www.theinspectionmanager.co.uk

30 day FREE trial!

!#$!"$!!#$! $#$
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!""#$!"$$! "$#$

$#$$ $!!$!#
$ "  "$$# "$
$
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#$!$$  !$# "

 
  
-*3%,23 61
#,25.143#,226"33$
 



Training Suite
Available to hire at ICES
HQ in south Manchester
Alan Lees
ICES Publishing
+44 (0)161 972 3110
alees@cices.org

Suppliers

Leica Geosystems Michigan Drive, Tongwell, Milton Keynes MK15 8HT,

Classifieds

Alan Lees
ICES Publishing
+44 (0)161 972 3110
alees@cices.org

Professional Development

Recruitment

QUALIFY
Certificate & Diploma in
Commercial Management
by tutored distance learning

Accredited by ICES
www.distancelearningpartnership.co.uk

01420 473 644

Online and in print


Alan Lees
ICES Publishing
+44 (0)161 972 3110
alees@cices.org
Discounts for ICES members

UK +44 (0)1908 513400 www.leica-geosystems.co.uk


East England: Shane O'Regan +44 (0)777 5712326
shane.oregan@leica-geosystems.com
London: Graham Sharp +44 (0)7789 816628
graham.sharp@leica-geosystems.com
North England: Chris Gibbons +44 (0)7769 705901
christopher.gibbons@leica-geosystems.com
North Midlands and North Wales: Martin Edwards +44 (0)7771 517411
martin.edwards@leica-geosystems.com
Scotland: Gary Kelly +44 (0)7500 700487
gary.kelly@leica-geosystems.com
Southeast England: Mark Mukiri-Smith +44 (0)7771 592110
mark.smith@leica-geosystems.com
South Midlands and South Wales: Adam Ball +44 (0)7747 568894
adam.ball@leica-geosystems.com
Southwest England: Mark Francis +44 (0)7500 112071
mark.francis@leica-geosystems.com
A1 Survey Sparks House, Western Industrial Estate, Lon-llyn, Caerphilly
CF83 1BQ, UK +44 (0)845 5005858 sales@a1survey.net www.a1survey.net
M & P Survey Equipment Meridian House, Stanney Mill Rd, Little Stanney,
Chester CH2 4HX, UK +44 (0)151 3571856 sales@mpsurvey.co.uk
www.mpsurvey.co.uk
SCCS hq1 Building, Phoenix Park, Eaton Socon PE19 8EP, UK
+44 (0)1480 404888 www.sccssurvey.co.uk
Unit 4, Riverside One, Medway City Estate, Sir Thomas Longley Road,
Kent ME2 4DP, UK +44 (0)1634 296809 www.sccssurvey.co.uk
Speedy Services Chase House, 16 The Parks, Newton-Le-Willows,
Merseyside WA12 0JQ, UK +44 (0)845 600 9960
customerservices@speedyservices.com www.speedyservices.com

NavCom Technology 20780 Madrona Avenue Torrance, CA 90503, USA


+1 310 381 2000 www.navcomtech.com

*

6263.13,"

%5+5'3$40546625403#,2+6"12

Suppliers

Nikon-Trimble Co 16-2, Minamikamata 2-chome, Ota-ku, Tokyo 144-0035,


Japan +1 3 5710 2592 www.nikon-trimble.com
A1 Survey Sparks House, Western Industrial Estate, Lon-llyn, Caerphilly
CF83 1BQ, UK +44 (0)845 500 5858 sales@a1survey.net
www.a1survey.net
Korec Head Office, Blundellsands House, 34-44 Mersey View, Waterloo,
Merseyside L22 6QB, UK +44 (0)845 6031214 www.korecgroup.com

Speedy Services
Chase House, 16 The Parks, Newton-Le-Willows, Merseyside WA12 0JQ,
UK +44 (0)845 600 9960 customerservices@speedyservices.com
www.speedyservices.com

Ordnance Survey Adanac Drive, Southampton SO16 0ASU, UK


+44 (0)8456 050 505 www.ordnancesurvey.co.uk

SOKKIA BV Essebaan 11, 2908 LJ, PO Box 145, 2900 AC, Capelle a/d
IJssel, The Netherlands +31 10 751 9300 info@sokkia.eu www.sokkia.net

Spectra Precision 10368 Westmoor Drive, Westminster, CO 80021, USA


+1 720 587 4700 www.spectraprecision.com
ZAC de la Fleuriaye, BP 60433, 44474 Carquefou Cedex, France
+33 2 2809 3800

Topcon (GB) Topcon House, Bone Lane, Kennet Side, Newbury


RG14 5PX, UK +44 (0)1635 551120 info@topcon.co.uk
www.topcon.co.uk
Phoenix Surveying Equipment Head Office, Unit 4, Armstrong Court,
Armstrong Way, Yate, Bristol BS37 5NG, UK +44 (0)1454 312560
sales@phoenixse.com www.phoenixse.com
1 Howard Street, Constitution Hill, Birmingham B19 3HW, UK
+44 (0)121 212 6555
51-57 Alma Road, Bournemouth BH19 1AB, UK +44 (0)1202 541720
Norwich Road, Cardiff CF23 9AB, UK +44 (0)29 2047 0776
4 Leigham Business Units, Silverton Road, Matford Park, Exeter
EX2 8HY, UK +44 (0)1392 824163
Unit 1, Claremont Centre, Cornwall Street South, Kinning Park,
Glasgow G41 1AA, UK (0)141 419 7921
Unit 9, Metropolitan Park, Greenford UB6 8UP, UK
+44 (0)20 8578 3377
665 Eccles New Road, Salford M50 1AY, UK +44 (0)161 786 2975
Unit 3, Youngs Industrial Estate, Paices Hill, Aldermaston, Reading
RG7 4PW, UK +44 (0)118 970 7280

Trimble Trimble House, Meridian Office Park, Osborn Way, Hook,


Hampshire RG27 9HX, UK +44 (0)1256 760150 www.trimble.com

A1 Survey Sparks House, Western Industrial Estate, Lon-llyn, Caerphilly


CF83 1BQ, UK +44 (0)845 500 5858 sales@a1survey.net
www.a1survey.net
Korec, Blundellsands House, 34-44 Mersey View, Waterloo, Merseyside
L22 6QB, UK +44 (0)845 603 1214 www.korecgroup.com
Survey Solutions Scotland The Pyramid Building, 14 Dryden Road,
Bilston Glen, Loanhead, Edinburgh EH20 9LZ, UK +44 (0)131 4404688
info@survey-solutions-scotland.co.uk
www.survey-solutions-scotland.co.uk

Survey Accessories
A1 Survey Sparks House, Western Industrial Estate, Lon-llyn, Caerphilly CF83 1BQ, UK
+44 (0)845 500 5858 sales@a1survey.net www.a1survey.net
York Survey Supply Centre Prospect House, George Cayley Drive, Clifton Moor, York YO30 4XE, UK
+44 (0)1904 692723 sales@YorkSurvey.co.uk www.YorkSurvey.co.uk

Subscriptions
Joanne Gray
ICES Publishing
+44 (0)161 972 3123
jgray@cices.org

10 issues: Civil Engineering Surveyor


Plus supplements: Geospatial Engineering, Construction Law Review, Yearbook & Directory of Members
43 (UK) 48 (Europe) 53 (Rest of the World)

/&3-/)*

62,5.!64.

*&

The Journal of the Chartered Institution of Civil Engineering Surveyors

Buckingham Group Contracting Ltd is an owner-managed,


multidisciplinary contractor providing a range of stand-alone
or fully integrated services in building, civil engineering,
demolition, land remediation/restoration, facilities
management, sports and leisure, and rail.

CIVIL ENGINEERING SURVEYOR

Due to continued expansion we require the following to work


from our Warrington office on remediation, bulk earthworks
and civils/highways schemes:

Contracts Manager
Project Manager x 2
Senior Engineer x 3
Salary and benefits commensurate with qualifications and experience.
To apply please forward your CV and details of your current
remuneration package to:
Jack Rowley, Buckingham Group Contracting Ltd
St James Business Centre, Wilderspool Causeway,
Warrington WA4 6PS
Jack.Rowley@buckinghamgroup.co.uk
No Agencies.
Buckingham Group Contracting Ltd is
an Equal Opportunities Employer
www.buckinghamgroup.co.uk

50% discount for ICES members


on recruitment advertising in CES
+44 (0)161 972 3110 sales@cices.org

Training Diary

Provider

Date+Time

Course

Cost

02 OCT 2014
9am-4.30pm

Civil Engineering Standard Method of Measurement (1 Day)


This course is designed to provide an understanding of CESMM3, its principles and use. The course
will cover background and principles; terminology and main features; bills of quantities class structure
and preambles. At the end of the course delegates should be able to prepare a simple bill of
quantities using CESMM3; responsibilities for errors and omissions; avoid/identify errors in a bill of
quantities prepared and measure in accordance with CESMM3.

195 +VAT

14 OCT 2014
9am-4.30pm

Method of Measurement for Highway Works (1 Day)


This course is designed to give civil engineers and quantity surveyors an understanding of the MMHW,
its principles and use. The course will cover background and principles; terminology and features;
bills of quantities series structure and the preambles. At the end of the workshop, delegates should
understand the functions of contract documents; item coverage significance; the build-up of items in
the several series; responsibilities for errors and omissions; prepare a simple bill of quantities using
MMHW; identify errors in a bill of quantities prepared measure in accordance with MMHW.
All delegates will receive a free copy of Managing with the MMHW: An examination of the use of the
Method of Measurement for Highway Works by Hamish Mitchell FCInstCES (usual price 19.95 from
ICES Publishing).

195 +VAT

18 SEP 2014
9am-4.30pm

New Engineering Contract (1 Day)


This course is designed to to provide an introduction to the NEC3 (ECC) form of contract, familiarity
with the principles of mutual trust and co-operation, the structure of the contract core clauses and the
interlinked entitlements and obligations workings. The course will cover contract structure; rights and
obligations of the parties; the solutions philosophy; contract administration; core clauses; the
primary and secondary options; option Z supplementary clauses; contract data parts 1 and 2;
compensation events; claims and disputes. At the end of the workshop, delegates will have an
understanding of the philosophy of NEC3; the structure and operation of the contract; essential early
warning notices process; the process for dealing with programming issues; the interaction of contract
data with the contract clauses; compensation events valuation and administrative procedure.

195 +VAT

training

28 OCT 2014
9am-4.30pm

TO BOOK: Joanne Gray, ICES Training, +44 (0)161 972 3110, jgray@cices.org
06-07 OCT 2014
9am-5pm

08-09 OCT 2014


9.am-5pm

27-28 OCT 2014


9am-5pm

ArcGIS 1 Fundamentals of ArcGIS 10.x for Desktop (2 Day)


This two day course is the first of three courses designed to give delegates a solid foundation in
using ArcGIS Desktop. This course introduces the main functions of ArcMap, including the creation
and manipulation of a map document, basic geographic data management, selection and analysis of
data and creation of a map for output. If resources allow, users will also be introduced to ArcGIS
Online and create an online map. The course uses a combination of lectures, demonstrations and
exercises. Delegates will be provided with the data and exercises so that they can work through them
again in their own time.

650 +VAT

ArcGIS 2 Essential ArcGIS 10.x for Desktop (2 Day)


This course is the second of a three part foundation in ArcGIS Desktop (version 10.x). The ArcGIS 2
course expands on the subjects covered in the ArcGIS 1 and introduces new functions; managing
data in a geodatabase, enhanced symbology and labelling options and the use of analysis tools. The
creation of map books and publishing a map to ArcGIS Online are also covered. Delegates will be
provided with the data and exercises so that after the course they can work through them again in
their own time. *Note: Esri recommends this course for delegates who have already attended ArcGIS
1 Fundamentals of ArcGIS 10.x for Desktop. If you previously attended ArcGIS 10.x for Desktop Part
1, Esri advises that you attend the ArcGIS 10.x for Desktop Part 2 course instead.

650 +VAT

Geoprocessing Raster Data using ArcGIS 10.x Spatial Analyst (2 Day)


This course is designed to introduce ArcGIS 10.x users to the basic methods of raster analysis.
Whilst some of the subjects in the course outline may seem complicated, a secondar y objective is to
explain and help users understand raster terminology and to use raster commands at a basic level.

710 +VAT

585 +VAT
Early bird
offer before
01.08.14

585 +VAT
Early bird
offer before
01.08.14

639 +VAT
Early bird
offer before
01.08.14

TO BOOK: Esri Training, +44 (0)1296 745 504, training@esriuk.com, www.esriuk.com/training


10% discount for ICES members. Quote name and membership number on booking

Courses take place in a modern and spacious training suite at ICES HQ in Sale. The suite has excellent
transport links to Manchesters motorway, Metrolink and airport networks and five minutes walking
distance to Sale town centre and hotels.
For more details and a list of courses
www.surco.uk.com/training/suite

The ICES Training Suite is operated by the Chartered Institution of Civil Engineering Surveyors information business, SURCO.

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