HS2 in UK first

HS2 in UK first, as engineers begin assembling off-site manufactured viaduct

HS2 has begun assembling the UK’s first major railway viaduct to be entirely manufactured off-site, in a move that represents a major step forward for viaduct design and promises to boosting safety and efficiency on site.

Unlike more traditional viaduct designs, every major element of the 880m long Thame Valley Viaduct is being manufactured in a factory before being slotted together on site like a giant Lego set, cutting its carbon footprint by around a third.

Crossing the flood plain of the River Thame, just outside Aylesbury, the viaduct will carry HS2 trains at speeds of up to 360km/h between London, Birmingham and the North – dramatically improving journeys while freeing up space for more freight and local services on the existing network.

The 68 giant concrete piers – each weighing 42 tonnes – are being cast at PACADAR UK’s factory on the Isle of Grain, in Kent, before being transported to site by road. The first 14 piers were lifted into position on top of their foundations over the last four weeks.

Set low into the landscape with a simple and consistent profile, the underside of the viaduct will be just 3m above the ground, with thirty-six even spans crossing the river and surrounding wetlands.

Applying lessons from the construction of recent high-speed rail projects in Spain, the design team opted for a simple structural solution with two 25m long hollow beams per span, which cuts the amount of carbon-intensive concrete and steel, while simplifying work on site.

Tomas Garcia, HS2 Ltd’s Head of Civil Structures said:

“Thame Valley may not be HS2’s biggest viaduct, but it does represent a major step forward in terms of its structural design. The post-tensioned double-beam approach used here has enabled the whole viaduct to be manufactured off-site – dramatically improving efficiency, safety and quality while delivering outstanding performance and durability.

“Once complete, HS2 will offer zero-carbon journey across the UK, but structures like this will also help us develop new ways to cut embedded carbon in construction that can be adopted across the rest of the industry in the future. That’s why it’s great to see the first piers in place as our construction partners begin to assemble this ground-breaking viaduct.”

The viaduct was designed by HS2 Ltd’s main works contractor, EKFB – a team made up of Eiffage, Kier, Ferrovial Construction and BAM Nuttall – working with specialist on-site construction partner, FC Civils Solutions.

Traditionally, viaduct beams are secured together above each of the piers with a concrete diaphragm which is cast in situ. The larger pre-cast beams that will be used at Thame Valley can be secured directly to one another, removing the need for the diaphragm – and allowing every major element of the structure to be pre-fabricated.

As well as cutting embedded carbon in terms of materials, the pre-fabricated approach requires less lorries to deliver material to site, simplifies construction, cuts waste, reduces disruption for the community during construction – and improves safety by reducing the need for people to work at height.

Off-site manufacturing also helps spread contract opportunities and supply chain jobs across the UK, with 200 people – including apprentices and graduate engineers from nearby Universities – employed on the Isle of Grain, delivering the viaduct and also making tunnel segments for HS2’s London tunnels.

Tiago Palas, FC Civils Solutions Head of Operations, said:

“The construction team is thrilled with progress made so far. In a short amount of time, we have successfully installed fourteen pre-fabricated piers as well as pressing ahead with the other stages of works, on-and-off site, such as pile cap construction and the production of the precast beams ready for installation in autumn.

“Slotting the piers into place takes precision, collaboration and the expertise of the team, however, it’s a relatively quick process – an efficiency enabled by its innovative design and construction methodology.”

 

/0 Comments/by

COST OF LIVING – HOMEOWNERS TURN TO SOLAR PANELS

Homeowners embrace solar panels and insulation as cost-of-living crisis bites

 

New data shows that homeowners across the country are turning to solar panels and insulation upgrades to combat high energy costs.

According to the new analysis of planning applications by Barbour ABI, the number of planning applications citing insulation has more than doubled since 2019, and those citing solar panels have risen threefold. Not only is this saving money on heating, but evidence suggests energy efficiency upgrades are now increasing house values, even as the housing market struggles.

This trend follows the disruption of the pandemic, which had previously led to a surge in home improvement in 2019 and 2020, as homeowners spent savings on improving outside space and reconfiguring internal space to make way for home working.

Barbour ABI Chief Economist, Tom Hall said:

“The latest data reveals the exceptional impact on the home-improvement market created by an extraordinary series of economic and social disruptions. Covid saw home improvement applications boom as people looked to extensions, home office improvements and garden upgrades to improve home working conditions – activity has fallen over the last year but overall numbers remain above the pre-pandemic trend.

 “The surge in solar panel installations and the rapid rise in insulation work suggests that the cost savings from reduced energy bills and increasing evidence of an energy efficiency premium is now tempting for better-off homeowners.”

 Meanwhile, the pressure on the UK to meet its net zero targets is likely to grow, prompting the use of incentives or regulation to encourage reluctant owners to improve the energy efficiency of their homes, so we expect this trend to continue.”

 

St Albans is the home improvement capital of Great Britain

 

St Albans in Hertfordshire has topped the league for the most home improvement planning applications in the UK.

Looking at the hottest spots for home improvement, the Top 25 table shows that districts in London’s commuter belt dominate. The East of England and Southeast regions each fill nine slots on the table, with London taking five. The remaining two places in the top 25 are taken by Uttlesford, near Stansted in Essex, and Cotswold, in Gloucestershire.

The Top 5 districts include St Albans, Three Rivers, Elmbridge, South Cambridgeshire and Epping Forest.

 

Falloff in home improvement applications

 

But whilst the sharp rise in the cost of living may have prompted many households in better-off communities to invest, the same pressures are restricting spending in poorer areas. All regions saw a sharp drop of 19% from a peak of planning applications in 2021, but it’s districts in the north of Britain filling out the bottom of the league whilst the Northeast is the hardest hit region, dropping 26%.

Hall continued:

“There can be little doubt that the home-improvement market will suffer as the economy weakens and the cost-of-living crisis bites deeper into the pockets of households. But counter to this, the case for investment in improvements that reduce the cost of running a home is increasingly making sense for those who still have money to invest in their properties.

“However, there is evidence to suggest the benefits will not be felt evenly throughout Great Britain. Less-well-off areas will struggle to fund upgrades of any sort in the current economic climate, leaving them at the mercy of energy markets.”  

 

/0 Comments/by
,

TopHat’s Expansion into Europe

TopHat, a company that builds factory-made modular houses, has completed a deal with France’s largest house builder as it seeks to expand into Europe.

The Goldman Sachs-backed firm said it had made an exclusive partnership with Nexity on Wednesday 14 June to “accelerate the development of offsite construction in France”.

TopHat will contribute its modular expertise to the partnership, it said, while Nexity will provide its experience with French construction and development programmes.

Nexity developed 18,000 homes last year, similar to the output of the UK’s largest house builder Barratt. The developer aims to have 10% of its houses built in factories by 2028, citing the reduced delivery times, higher environmental standards and energy efficiency of modular production.

The announcement comes as TopHat’s UK modular competitor Ilke Homes was fighting to secure its future. Ilke revealed last week it had paused factory operations and put itself up for sale. The company blamed issues with the planning system for its financial woes.

Unlike Ilke, which uses a land-led delivery model – in which the company buys land, secures planning permission and develops the site – TopHat only sells houses to third parties. About a third of its output is bought by housing associations, another third by developers, and the final third by build-to-rent providers.

Last month, Legal & General announced that it would stop production at its giant modular factory due to weak demand, leaving Ilke as TopHat’s last remaining major competitor in the UK modular sector.

 

Source: Inside Housing

/0 Comments/by

Glastonbury’s ‘biggest fan’

Copyright  Octopus Energy

UK festival gets an eye-catching 28 metre wind turbine

Communities have the opportunity to host the turbine after its Glasto stint, under Octopus Energy’s ‘try before you buy’ scheme.

It’s not as if Glastonbury Festival goers need another reason to feel delighted by next week’s line-up.

But the likes of Lizzo, Lana Del Rey and Sir Elton John are being joined by one very prominent guest at Worthy Farm: a pink and purple 28-metre wind turbine.

Octopus Energy erected the tall turbine on 13 June, in a move they say will help make Glastonbury 2023 the greenest yet.

 

“We agreed the Glastonbury turbine only a few weeks ago,” the renewable energy company revealed on Twitter.

“It took just two weeks to build the parts and a single day to get the turbine up and spinning. That’s how fast green energy can get done when people work together.”

Spinning its eight-metre long blades, the turbine will generate up to 300kWh of power a day. This will be fed into a mini grid providing clean energy to food stalls in William’s Green field, near the iconic Pyramid stage.

And it’s just the start of the colourful behemoth’s tour. Communities across the UK are invited to temporarily host the turbine after Glasto, as part of a ‘try before you buy’ scheme.

Source: Euro News Green

/0 Comments/by

Fit for the Flying Fortress

TRB Lightweight Structures recreates B-17 flooring panels after 35 years

TRB Lightweight Structures is delighted to announce the successful manufacture of replacement balsa wood and aluminium floor panels as part of the B-17 Charitable Trust’s refurbishment of Sally B, Europe’s last remaining airworthy B-17 Flying Fortress aircraft.

TRB has led the way in the design and manufacture of lightweight panels and structures for over sixty years, including the production of numerous specialised sandwich panels for the aerospace industry. As part of the ongoing restoration and upkeep of the Sally B, the aircraft’s radio room required replacement floor panels to allow it to meet relevant aerospace regulations and continue to fly. The trust therefore approached TRB – which had manufactured the previous flooring panels in 1987 – to provide like-for-like replacements. The company was able to deliver high quality replacements that replicated the original sandwich panel design of aluminium skins over a balsa wood core, providing both the light weight and stiffness required for this unique aircraft.

Chris Cooper, Project Engineer at TRB Lightweight Structures, commented:

“This was an exciting partnership for TRB. Together, we have ensured the continued flight of the Sally B, based on the same panel construction method that we used in 1987, demonstrating our ability to offer customers tailored solutions to the problems they face.”

Steve Carter, Deputy Chief Engineer at the B-17 Charitable Trust, added:

“The B-17 is an iconic aircraft, and the Sally B has spent 47 years as a flying memorial to the US airmen who died during the Second World War. Its preservation is a striking dedication to fallen airmen, and replacing the flooring in a way that kept the Sally B airworthy was of critical importance. We valued partnering with TRB for the expertise of its engineers, who clearly understood our needs and offered a functional and neat solution.”

About TRB Lightweight Structures

TRB Lightweight Structures (TRB) is a leading international manufacturing and engineering company, specialising in lightweight and durable composite products for a range of industries. Since its formation in 1954, TRB has invested heavily in people, and has a team of over 130 experts to support its services across design, engineering, manufacturing and quality. TRB’s cross-functional teams work closely with customers to tackle big challenges – reducing weight while improving performance, safety and durability. The company prides itself on working with other businesses that take their carbon footprint seriously, and want to use more environmentally-friendly materials in their manufacturing processes.

 

/0 Comments/by

Smart Cities Delivering Fresh Veg!

We are seeing smart cities in the UK and overseas collecting a wealth of data by installing different sensors around the community.

This can range from measuring air quality, as used by the London Air Quality Network, to detecting leaking water pipes, with Vodafone recently partnering with SES Water.

Cities are increasingly making city-wide data available to use; in 2012 in New York, the then-mayor Michael Bloomberg signed Local Law 11 of 2012, known as the ‘Open Data Law’.

This mandates that all public data be made available on a single web portal.

With just seven years to prevent the temperature from rising 1.5ºC according to the Climate Clock, government and industry need to invest in smart technology as a priority.

The stats speak for themselves:

  • Buildings account for 40% of all energy consumption 
  • When it comes to electricity, buildings account for 55% of consumption
  • It is estimated that 30% of all energy used in commercial buildings is wasted 
  • In Europe 75% of buildings are inefficient

Research has found that in buildings with clean air technology, productivity can increase by 11%.

To achieve this, businesses will need to install ventilation, filtration, and disinfection technology, which must be linked to an occupancy measuring solution and technology to measure air quality.

These types of building management systems can maintain and optimise buildings on their own, and only need humans when they are notified.

With new technologies such as digital twins, IoT, ML, AI and Automation, smart buildings can operate without much human interference at all.

A digital twin can be used to simulate how different policies may affect a city.

With such technology, if a product is having any issues or is nearing the end of its lifecycle, it can notify and send out an engineer with the right part to fix it first time.

The building can remain energy efficient, while bringing down costs to the business and freeing up the time for engineers, building owners and facilities managers to spend on the more pressing issues at hand.

Smart technologies on their own are not “sustainable”, but it’s how they’re used.

For example, they can help to monitor the usage of utilities such as heating and electric, keeping costs down for homeowners/tenants and ensuring properties remain greener and more energy efficient.

Smart technologies can reduce waste output, minimising the carbon footprint of developments.

They can also make developments a more comfortable place for homeowners/tenants to live, improving quality of life and therefore increasing the demand for such properties.

We use renewable energy resources wherever possible in both our commercial and residential developments, promoting cleaner energy and a more cost-effective solution for the end user.

Modern methods of construction speed up build time and lower the carbon output.

Our largest opportunity will use pioneering saltwater greenhouse technology to grow produce on-site in harsh conditions.

This will give the local community direct access to fresh fruit and vegetables rather than having to import the produce from elsewhere, lowering costs and carbon output.

 

Source: Development Finance

/0 Comments/by

£1.2 billion-worth of modular homes

New public sector framework to deliver £1.2 billion-worth of modular homes

 

Winning construction sector companies have been named for a Britain-wide £1.2 billion framework to provide thousands of homes built using modern methods of construction (MMC).

The new modular and offsite homes will be delivered under not-for-profit public sector construction framework provider LHC Procurement Group’s (LHC) new Modern Methods of Construction (MMC) of New Homes (NH3) Framework.

It is designed to help boost the speed and quantity of delivery of the homes required to fulfil housing need across communities in England, Scotland and Wales.

NH3 will be delivered through LHC London and South East (LSE),  Scottish Procurement Alliance (SPA), South West Procurement Alliance (SWPA), Consortium Procurement Construction (CPC), and Welsh Procurement Alliance (WPA).

Dean Fazackerley, head of technical procurement at LHC, said:

 

“NH3 is a vital addition to support more programmes to build low-carbon, modern homes from housing associations and local authorities across the country. It will adopt MMC and offsite techniques to produce energy efficient homes for the communities they serve.

“Now, we are looking to build on the success of our previous framework, NH2, which has so far enabled £93.5m-worth of offsite homes projects with a total forecast value of £277m.

NH3 has been developed to be a market-leading framework providing a wide range of systems and project delivery models to give public sector organisations the flexibility to deliver MMC projects the way they want. With the range of manufacturers and contractors appointed to this framework, NH3 provides an excellent choice for clients to access a range of MMC solutions and providers and is built to facilitate greater collaboration between suppliers and the public sector.”

 

NH3 replaces the previous NH2 framework and has been shaped by extensive engagement with housing contractors and manufacturers. It allows for a range of housing types, from low rise and medium/high rise, through to specialist accommodation such as care homes. The framework also provides for delivery of ‘room in the roof’ projects and adaptive pods.

 

Dean Fazackerley added:

“Through NH3, LHC is looking to support the public sector to increase the use of modern methods of construction and deliver low and net zero carbon homes with high levels of pre-manufactured value (PMV). It will support social housing providers in addressing some of their new housing challenges around the need for sustainable methods of construction and a greater supply of housing stock that is environmentally fit for the future.”

 

NH3 fulfils a key LHC guiding principle to increase the public sector’s access to regional and local supply chains, encouraging SME involvement and driving economic uplift to regional areas.

 

Covering the full range of MMC categories, the workstreams covered by NH3 are:

 

  • Workstream 1 – Three-dimensional (3D) modular systems – category 1
  • Workstream 2 – Two-dimensional (2D) panelised systems – category 2
  • Workstream 3 – Main contractors delivering MMC solutions – all categories
  • Workstream 4 – Groundworks and site preparation for MMC housing projects

 

The NH3 framework runs until 1 May 2027. For more information on the framework visit:

 

/0 Comments/by

AI & Sensors in Construction

Construction AI & Sensors: Unlocking Productivity & Sustainability

How integrating artificial intelligence with sensors can lead to a more efficient and sustainable concrete construction process and avoid overdesign.

The construction industry is constantly evolving, and the use of concrete has seen significant advancements in recent years. As one of the most widely used building materials, it is crucial for contractors to find ways to improve both the productivity and sustainability of concrete. It is important for concrete professionals to be aware of the issues surrounding embodied carbon in concrete and to consider the integration of artificial intelligence (AI) and sensors to provide a solution, ultimately leading to a more efficient and sustainable construction process.

Embodied Carbon in Concrete

Concrete is an essential component in modern construction; however, its production comes with a significant environmental cost. Cement, a primary ingredient in concrete, is responsible for a large portion of embodied carbon in the material. Embodied carbon refers to the greenhouse gas emissions generated during the production and transportation of building materials, which ultimately contribute to climate change. Cement alone accounts for 8% of global embodied carbon emissions (that’s more than three times the aviation industry).

 

Reducing the embodied carbon in concrete is of utmost importance as the construction industry strives to minimize its environmental impact. Historically, concrete overdesign has been a common practice due to conservative design methods and lack of accurate performance data. This leads to the use of more cement than necessary, which in turn, results in higher embodied carbon levels. We believe that there is on average approximately 15% excess cement in concrete. Addressing this issue requires innovative solutions that can optimize the use of concrete without compromising its performance. Find a significant ROI with the combination of Converge’s ConcreteDNA providing contractors real-time concrete curing data and A.I. predictions with technology from DEWALT’s embeddable wireless sensors.DEWALT

AI & Sensors

One approach to reducing the embodied carbon in concrete is to design mixes that provide just the right level of performance for various applications. For example, summer and winter mixes can be tailored to address the specific challenges posed by different climate conditions. However, achieving this level of optimization requires real-time monitoring and accurate data on concrete’s performance.

This is where concrete maturity sensors and monitoring methods come into play and boost productivity. Sensors embedded within the concrete can collect data on temperature and strength development, providing valuable insights into the material’s performance. By leveraging AI, this data can be used to automate concrete mix designs, making the process more efficient and scalable.

Productivity Benefits

The use of AI and sensors in concrete construction offers numerous benefits, including:

  • Faster construction:Real-time monitoring enables faster decision-making, reducing the time spent waiting for concrete to reach its required strength. This translates to lower generator usage and overall energy consumption.
  • More efficient use of materials:By optimizing concrete mix designs, builders can reduce waste and minimize the need for rework, leading to better quality control and resource utilization.
  • Remote monitoring and safety:AI-powered sensors allow for remote monitoring of concrete, reducing the need for foot traffic on-site and enhancing overall safety.
  • Less destructive testing: The use of sensors and AI for real-time monitoring can help minimize the need for damaging testing methods, preserving the integrity of the structure and reducing waste.
  • Promotion of novel materials and methods: By providing scientific proof of performance using the maturity method and justifying commercial viability, AI and sensor technology can support the adoption of new materials and construction methods, driving further innovation in the industry.

 

What This Means for the Future

The integration of AI and sensors in concrete construction has the potential to significantly reduce the embodied carbon in concrete, leading to a more sustainable and productive industry. The large-scale implementation of these technologies could contribute to a substantial reduction in greenhouse gas emissions from the construction sector, making a notable impact on global efforts to combat climate change. For example, we estimate that simply by reducing overdesign by 15% by 2030 we could reduce embodied carbon of concrete by 400 million tonnes per annum. This is equivalent to over 1 trillion miles driven by an average gasoline-powered passenger per annum.

Continued research and development in this area are essential to drive further progress and unlock the full potential of AI and sensor technologies in the construction industry. By embracing these innovations, builders can pave the way for a more sustainable and efficient future in concrete construction.

Editor’s Note: In January 2023, Converge, one of the leading concrete material and operations optimization company, and DEWALT, a Stanley Black & Decker brand and leader in total jobsite solutions, announced a strategic partnership to help decarbonize construction through Converge’s AI-based platform, ConcreteDNA, powered by data from DEWALT’s new wireless concrete sensor, the DEWALT Signal Sensor. Their goal is to help tackle the challenge of decarbonizing concrete to boost productivity and sustainability, as well as to bring a total solution to the DEWALT ecosystem of concrete tools.

 

Source: Construction Pros

/0 Comments/by

Calls for ‘Nightingale Style’ Approach for New Hospitals

Lord Markham CBE has stated that the New Hospital Programme will only be possible by radically transforming the way building engineering projects are procured and delivered.

In a webinar hosted by the Building Engineering Services Association (BESA), The Portfolio Minister for the New Hospital Programme Lord Markham said:

“We need standardised designs using modern methods of construction (MMC) to improve efficiency and standardised components to manufacture at scale and get the speed we need,” said Lord Markham. “These are not just buildings – they will need to be showcases for what the hospital of the future will look like.”

He also called for a “Nightingale Style” approach – referring to the delivery of healthcare facilities during the pandemic.

The government says that they are “on track” to deliver their manifesto commitment to build 40 new hospitals in England by 2030.

Mechanical, Electrical, and Plumbing Crucial

 

Lord Markham also said that MEP (mechanical, electrical, and plumbing) would be crucial “for making sure these are fantastic places for patients” and that the expertise of specialist contractors would be vital. He said that improving ventilation was a top priority – not just to mitigate the risk of infections, but also to speed up patient recovery and so reduce waiting times.

He also acknowledged that the government was “often the biggest barrier to progress” and was responsible for an “unwieldy planning process” that would also have to be addressed. “We need the industry to invest and scale up to meet this challenge,” he said. “So, we need you to have confidence in the programme.”

Lord Markham said the fact that there were “27,000 different door types” in UK hospitals was one example of why standardisation was so desperately needed. The Hospital 2.0 programme is working to reduce that number to around 700.

Morag Stuart, the New Hospital Programme Chief Programme Officer, who was also a guest on the webinar and said the building services sector needed to see that it was

“a clear part of this journey otherwise we won’t be able to deliver at the scale we need”.

She said manufacturing and production-based design was crucial to this platform approach. “We are looking at what level of investment will be needed to support the supply chain. The mechanism will be via frameworks for the main works, but we will need a wide range of contractors including new entrants into the market to cope with the scale of what we are doing.”

The issue of ongoing maintenance would be a central part of the planning with Stuart citing the example of an operating theatre that was currently out of action because it was “waiting for a replacement light bulb from Finland”.

“We plan to be ground-breaking to move from a typical construction programme to a manufacturing approach with a key role for standardisation. We will be very explicit about the standards that must be adhered to in all our hospitals.”

 

Source: FM.com

/0 Comments/by

Modular Construction – what isn’t clicking together?

Modular construction has been heralded for several years now as a construction methodology that saves time, reduces waste and minimises cost. It is therefore unsurprising that modular construction forms part of the various “modern methods of construction” that are now being encouraged by the UK Government. Use of modular construction can range from isolated elements like bathroom pods to where the majority of the building is comprised of modules and is commonly encountered in housing, student accommodation and hotels. However, it is not without its challenges as demonstrated by Legal and General’s announcement of the closure of their modular factory.

Legal or contractual issues tend to arise when modular construction is used for the majority of the construction of a building but the various contractual agreements have been drafted on the assumption that “traditional” construction methods are being used – trying to fit the square peg into the circular hole does not work without some forethought. and adjustment.

There is not enough space here to list all issues that one should consider when employing modular construction but we discuss a few key issues below:

1. Payment and Transfer of Title

Under a “traditional’ construction contract, a contractor will usually receive payment on a monthly or stage basis based on the value of works carried out during the previous month or stage. There has been a rise in advance payments over the last few years so that materials can be acquired at a known price but those are still likely to be a small percentage of the overall construction costs.

Whereas a modular contractor will likely incur large costs at project inception (accounting for material and fabrication costs) and therefore will seek for payment terms to be front-loaded.

This creates some issues and how those are managed will depend on the procurement method and the funding of the development. For example:

  • Is the modular contractor the main contractor? Or are they a key sub-contractor?
  • Is the modular contractor also responsible for installation?
  • If there is a facility agreement in place, what conditions precedent will the funder require before any payment to a modular contractor can be made?
  • The preference will be for the modules to be delivered to site before payment but how can the modular contractor incur all of their costs before payment?
  • If payment is made before the modules are on site then the funder and employer will expect ownership of the modules to pass to the employer – but can the modular contractor agree to this? What happens if the employer becomes insolvent?

Off-site materials agreements are often used to allow for greater security of performance however these agreements may be of limited use in the context of modular construction, at least at the outset. If a modular contractor is looking for payment upfront to procure materials then, whilst title can be transferred in the materials, the materials will be fabricated into the module. Therefore the materials in which the Employer has ownership will change form and therefore at some point may be considered to no longer exist however ownership of the module can’t be vested in the Employer before it actually exists!

Although in these situations an advance payment bond may provide some comfort, there is a cost associated with these bonds and there is a limit to the value that can realistically be covered under these bonds before the costs become prohibitive.

2. Location of modules

Even if title in the modules (or parts thereof) is transferred effectively under UK law, if the modules are located elsewhere will this transfer of title be binding under the law of the jurisdiction where the modules are located? From a practical perspective, even if an employer obtains a legal opinion from an appropriately qualified foreign lawyer (which will come at a cost) to ensure that title has transferred properly, how easy will it be to get access to the modules and procure their delivery to site should the modular contractor become insolvent?

3. Insolvency

Insolvency is a concern in any construction project but practical issues are exacerbated in modular construction as modules are often specialised materials that are unique to each modular contractor. Other contractors may not have the facilities or hold the necessary intellectual property licence to reproduce these designs.

Insolvency is equally a concern for any modular contractor. The modules they are produce may only be appropriate for a particular building/development and therefore, in the face of employer insolvency, any modules produced may not be re-usable for other projects.

A potential solution may lie in the utilisation of escrow accounts to provide parties with further comfort.

4. Delivery

There are additional considerations around delivery that traditional construction contracts are not normally required to consider:

  • Who is best placed to manage any delays at port if the modules are coming from outwith the UK?
  • Has the contractor checked the access route to site and is there enough storage space pending unloading?

Parties can borrow terms from plant contracts (such as the incorporation of Incoterms) to provide certainty as to who is responsible for transit risk, payment of duties and insurance.

5. Inspection

Employers will want to inspect modules at certain stages in the factory before items are closed up. This is of increased importance as defects identified in delivered modules may have already been replicated in the construction of other modules yet to be delivered to site.

6. Interface

As noted previously, the procurement route may affect the contractual responsibility for dealing with physical interfaces but from a practical perspective it will be important that any platform on which the modules are being placed is at the correct gradient and can bear the required structural load.

7. Intellectual Property Obligations

The standard position in construction contracts is for the Contractor to provide an Employer with a non-exclusive, non-terminable, royalty-free licence to use and reproduce any design in the works. The most common restraint to such a licence is that the designs cannot be reproduced in any extension of the works.

However, in a modular construction contract, the contractor may seek to provide a more limited form of licence as their modular designs will be proprietary and are the product of significant investment. Which they want to avoid being shared with a rival modular contractor.

Conclusion

Modular construction offers many benefits but equally can lead to complications if not properly considered. It is therefore critical that construction parties do not assume that one size fits all. The traditional procurement model and standard form contracts such as SBCC and JCT are not fit for purpose in ensuring that the different risks are addressed appropriately and it is important to have considered these before the contracts are entered into so that all parties are clear as to the risks and responsibilities.

 

Source: Lexology

/0 Comments/by