Select Committee on Business and Enterprise Written Evidence


Memorandum submitted by Construction Clients' Group

 INTRODUCTION AND SUMMARY

  1.  The Construction Clients' Group (CCG) is a membership forum affiliated to Constructing Excellence (CE), the leading organisation dedicated to improving industry performance for a demonstrably better built environment. CE was part grant-funded by the DTI until March 2007 and is now a thriving membership-governed organisation with government and consultancy commissions. Its core activities are action research and innovation, benchmarking, demonstration, best practice guidance, and learning networks.

  2.  Unlike the other forums affiliated to CE, CCG members have a single role within the construction supply chain and it provides independent, representation for all clients within government and the private sector. The CCG is in a unique position in that it is able to provide its members with opportunities to influence government policy and regulation while also providing opportunities for networking and the sharing of best practice.

  3.  Since becoming affiliated to Constructing Excellence in March 2006, the CCG has evolved from primarily being a lobbying organisation with considerable influence to also incorporating a portfolio of products and services to its members. The mission of CCG is:

    To maximise client outreach and assist infrequent and repeat clients alike to gain maximum value from their construction procurement activities

  4.  The CCG is now structured to provide its core activities to national frequent clients, regional frequent clients and products/services to occasional clients.

  5.  The CCG has a seat at the Strategic Forum for Construction as one of the construction umbrella bodies and has representatives across a number of pan-industry boards and working groups such as Construction Skills board, Health & Safety Executive, Strategic Forum, a number of CONIAC sub-groups and the Public Sector Construction Clients' forum—Working Group 6.

  6.  The CCG are currently playing a key role in the Constructing Excellence action research work on Value with specific regard to whole life value. There are two main strands of work required to make progress towards this vision:

    —  We need to understand the relative ratio of building cost and business value. The initial capital costs of a construction project, the maintenance and building operating costs, and the business operating costs (salaries, IT etc) of the organisation occupying the building are easily identified. For the economy as a whole over 20 years, research by University College London has shown that these figures might have the ratio 1:3:30, but ratios as high as 1:5:200 have been suggested by others. Add in two more figures, the project design and management cost, typically 10% of the capital cost, and the value added (earned) by the occupier organisation, perhaps 33% more than the business operating costs, and we find the gearing of design input, where what is to be built is defined, to value for the business could be of the order of 1:400.

    —  We need to bring together three inter-related activities which will enable a value-driven process:

    (a)  post-occupancy continuous evaluation—finding out on an on-going basis how well a new or refurbished building actually performs, how it affects those who use it, and how it meets the operational needs of the organisation on an on-going basis, is notable for its usual absence.

    (b)  evidence-based design—recording, understanding and cataloguing for use by others, design solutions which work particularly well, is largely unheard of and would be considered by many to be eccentric.

    (c)  briefing—this process is notable for the wide variation in its quality, which is hardly surprising without (a) above as how can the process be based on an understanding of how buildings work in use and therefore their strategic impact on the client's operation?

7.  EMPLOYMENT AND PAYMENT PRACTICES

  The CCG is involved in a number of activities regarding this area:

    —  Role on the ConstructionSkills Board to represent the role of the client and to ensure that client capability and capacity is on the agenda of ConstructionSkills.

    —  Representation on the CSCS Board and compulsory commitment for all CCG members to have CSCS cards across their construction sites.

    —  Through the Strategic Forum for Construction, the CCG is involved across all working groups including the group on integration which is investigating fair payment practices across the supply chain.

    —  The CCG is also committed to the Respect for People agenda and the associated toolkits that have been championed by the Constructing Excellence through the Egan change agenda, Rethinking Construction.

    —  Has formally signed the FAIR PAYMENT IN CONSTRUCTION charter set out by the OGC.

8.  LONG TERM CAPACITY FOR DELIVERING LARGE INFRASTRUCTURE PROJECTS ON TIME AND ON BUDGET

  The CCG's membership is broadly split into two key areas:

    —  Frequent and "knowledgeable" clients.

    —  Occasional and infrequent clients.

  The CCG captures the learning from frequent and knowledgeable clients and then disseminates this as "best" and desirable practice to the occasional clients. For example, the CCG has organisations such as BAA, Highways Agency and Network Rail as members. The CCG works closely with these organisations through the use of benchmarking and demonstration projects to capture knowledge from major projects.

9.  DELIVERY OF GOVERNMENT'S CAPITAL INVESTMENT PROGRAMME

  The CCG is well represented through its membership by the main spending Government departments. Initiatives such as "Achieving Excellence in Construction" have really had an impact on construction procured by the public sector. For example the March 2005 NAO report "Improving public services through better construction" reported an increase of projects coming in on budget (from 27% in 1998 to 65% in 2006) and on time (from 30% in 1998 to 61% in 2006).

  The CCG, through its representation on the Forum, supports the Strategic Forum's submission to the Public Sector Construction Clients' Forum of the OGC in March in which, jointly with Constructing Excellence, CCG said that we wish to see public sector procurers:

    —  providing clear and long-term information on investment programmes and strategies. This gives confidence to industry to invest in its supply chains;

    —  ensuring a steady deal flow which runs in accordance with previously published timescales. This enables the industry to keep together experienced teams to deliver projects more effectively and to benefit from economies of scale;

    —  abandoning the practice of aggressive competitive tendering in favour of building long term relationships with contractors and their supply chains;

    —  promote the value agenda including best value not lowest price tendering;

    —  involving construction supply chain partners at the earliest possible stage of projects to ensure maximum efficiencies are generated in the design and construction process;

    —  delivering more projects through integrated supply chains; and

    —  standardising contracts, processes and design, where appropriate.

10.  MAINTENANCE OF STANDARDS IN THE SECTOR

  The CCG is responsible for the Construction Clients' Charter, which is currently a standard that must be attained by clients and covers issues such as procurement & supply chain integration; health and safety; sustainability; commitment to people; design quality; and client leadership. The CCG is driving the 2012 Construction Commitments through the revision of the Clients' Charter and is creating a standard by which clients can utilise in their engagement with the construction supply chain. This new "Charter" will inject into the construction process better understanding of why importance is placed where it is on client related issues.

  The CCG has also been heavily involved in the joint British Standards Institute and Constructing Excellence initiative into Rethinking Standards in Construction. This initiative concerned with linking standards to the Construction Industry KPIs and the performance of core company and industry issues, future standards will be developed that assist and contribute to improved performance and enhanced value throughout the built environment sector.

  The CCG has provided representatives to attend workshops on sectors such as Residential, Commercial/Industrial, Infrastructure, Building Processes and Water.

11.  CONSTRUCTION R&D

  The CCG has been keenly involved in the UK National Platform for the Built Environment, which aims to increase significantly the level of business-led, relevant strategic research applicable to the built environment and the Knowledge Transfer Network for the Modern Built Environment which is more sector orientated on immediate innovation requirements.

  The CCG supports the National Platform's Strategic Research Agenda, which has three key strategic themes defining priority areas for the UK which require strategic, collaborative research projects:

    —  Reduced resource consumption.

    —  A new client-driven, knowledge-based process.

    —  ICT and automation.

12.  REGULATORY MATTERS, SUCH AS HEALTH AND SAFETY, AND THE BUILDING REGULATIONS

  The CCG has been asked to respond as to what it sees as the main issues in relation to a number of industry consultations such as the review of the CDM 2007 Regulations, BERR's draft Sustainable Construction Strategy, H&S, Construction Act, Building Regulations, and the recent Department of Work and Pensions debate into the increase in fatal incidents to workers in the housing sector of the construction industry. There are two levels; macro—industry and government level and micro—business and operational level:

    —  At the macro level we see a greater need for more inter departmental government collaboration to address the duplication and potential confusion of civil and criminal liability for health and safety requirements for construction. This relates in particular to the regulatory process and application of better regulation and Hampton Review principles.

    —  To some clients construction refers to a new project on a green field site, to others it is an extension of asset management and facilities management and do not see themselves as constructors. More effort needs to be made in engaging with non construction industry stakeholders whose members may carry out construction work, be they small, infrequent, one off or repeat clients. In essence we need to raise the awareness levels outside of the construction industry and promote generally accepted ways of doing things for clients who procure construction work. Our concern is that the regulators and the construction industry are too inward looking and do not actively engage enough with non-construction stakeholders to address this.

    —  The current CDM 2007 Regulations again we believe have not been drafted to enable small, infrequent and one off clients to comply with their obligations: they are too complex, have not articulated a significant forecast in increased client compliance during their development and approval and are not supported by innovative ways to assist compliance like HSE's Agricultural safety software see: http://www.hse.gov.uk/agriculture/assessment/index.htm. CCG is working on a proposal to assist with this at the moment.

    —  The readily available data on incidents is classified by type such as falls, slips and trips, but we need more transparency on the actual causes of the incidents to help the construction industry target its resources and clients ask the right questions. As such a more behavioural look and causational analysis needs to come through: are the incidents all down to lack of training, or poor risk assessment, poor design, wilful acts as identified in HSE's own guidance HSG 65?

    —  There are over 200 construction industry stakeholders and this presents a strategic communication challenge for any representative within the industry or outside it as to how and who to engage with best effect. This is something that needs to be regularly monitored by the key stakeholders and regulators alike.

    —  At the micro level we see businesses whose core work does not include carrying out construction work as a key concern. Many of these will have no experience of construction safety and will be largely reliant on the construction supply chain for advice and support. In addition those businesses whose work is now classified as non notifiable under the new CDM 2007 regulations will we believe be in the above category and led by the more inexperienced members of the supply chain. ie; the potential to continue to get health and safety wrong at this level may remain as this type of work will not be on the HSE's radar. We believe this may constitute up to 60% of UK construction based on HSE's figures in their Regulatory Impact Assessment—although this might be disputed by the HSE it certainly warrants further investigation on the level of significance given to it.

    —  We see a direct link here to the macro regulatory process in that elements of construction safety, in particular safe design should be integrated with planning and building control legislation. So if a business wants to construct as part of its planning and building acceptance it will need to satisfy various health and safety requirements. This way we think there will be a step change at the smaller end of the market that tackles the cowboy element of the industry and enables greater compliance by those who need more enabling support to achieve it.

    —  Overall we do see continued and very valuable efforts being made by the supply chain to address health and safety and one example of this is the industry CDM guidance. CCG is committed in playing its part in securing improvements in construction safety and has an active action plan until 2012 that it is working to. We continue to work with other stakeholders including the Housing Forum to promote awareness and best practice.

13.  ENCOURAGING SUSTAINABILITY

  The issue of sustainability has been dramatically rising up the political and client agenda in recent months. The CCG has provided the Chairman to the Strategic Forum's new sustainable construction task group and has also undertaken a consultation event with clients regarding BERR's draft Sustainable Construction Strategy consultation.

  Sustainability is also one of the six core categories of the 2012 Construction Commitments and as a result will become an integral part of the Construction Clients' Charter.

14.  BEST PRACTICE ON CONTRACT MANAGEMENT

  Much of the recent advances in procurement have focussed on the implementation of collaborative working practices. Frameworks, for example, have yielded major savings in the costs of procurement however a much bigger prize waits, if these frameworks and the next generation of collaborative procurement can be properly performance-managed.

Collaborative working Best practice "techniques" Potential innovations
Early involvement
Selection by valueQuality-price balance, whole life costs
Common processes and toolsProject extranets, common IT platforms and protocols Single object-orientated 3D drawing model
Performance measurementProject KPIs, regular reporting
Long-term relationshipsFrameworks, long-term relations throughout the supply chain


15.  THE UK INDUSTRY'S PERFORMANCE AGAINST OTHER COUNTRIES

  In the absence of reliable benchmarking, our knowledge comes largely from anecdotal comparisons with visitors from eg New Zealand, Hong Kong, Australia, South Africa, Japan, South Korea, the Netherlands, Finland and Luxembourg, where those visitors report that their own searches have identified the UK as leading in many respects, particularly in the approach to pan-industry reform and in the adoption by the public sector of more enlightened procurement.

  The CCG is taking a leading role in the International Construction Clients' Forum where client groups from different countries come together on a quarterly basis to share knowledge and experiences across country boundaries to improve the value clients obtain from their construction supply chains. One recent example includes the sharing of information, reports and a toolkit for engaging in framework activity guiding clients through the OJEU procurement process. For our European peers in Denmark, Sweden, Netherlands and Norway, the OJEU process has been a particularly difficult process for their public sector clients to procure through. The CCG has shared its learning gained from UK public sector clients to improve performance across international boundaries.

16.  ASSET LIFE ISSUES

  CCG is committed to extending the construction process into asset life management. This involves establishing a true and proper relationship with those who maintain the asset post-construction. This relationship is vital if construction professionals are to develop solutions that are capable of sustained high performance for their owners. Engagement at this level will involve the construction client understanding the business strategic direction, a position CCG believes with enhance solution performance and will build a strong awareness of value. A feature that is very difficult to capture.

17.  CONCLUSIONS

  In conclusion we would make the following recommendations:

    —  All stakeholders in the industry need to understand better how the industry adds value through providing built facilities.

    —  All stakeholders need to improve their processes and behaviours to enable and deliver integrated and collaborative working in order to deliver this "whole life" value.

    —  An industry which delivers whole life value through integrated and collaborative working will be much more sustainable economically, socially and environmentally—with the latter requiring further encouragement in the short term.

    —  The industry must recognise and promote the role of the client that is critical to high performing outcomes however clients must be trained to be "client" and facilities should be made available to support this proposal.

  With the Committee's support we are confident that this vision can be realised.

13 October 2007





 
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