The Electrical Contractors Association
The Electrical Contractors Association of Scotland The Heating and Ventilating Contractors Association The National Association of Lift Makers
The National Association of Plumbing, Heating and Mechanical Services Contractors
NB
In October 1993 the NSCC and the SECG came together with the Building Structures Group (itself a new organisation of 7 Federations/ Associations) to form the Constructors Liaison Group as a reference and liaison centre for matters affecting the common interests of their member trade associations. All these Associations and the Groups continue to operate separately. As the Report went to press, it was announced that the BEC and FCEC, supported by major construction firms, had commissioned a study by consultants about the possible formation of a new construction employers’ organisation provisionally to be called ”Newco”.
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Appendix III Meetings 103
First phase (before 13 December 1993)
1. ”Building” Editorial Advisory Panel 2. Peter Thurnham, MP
17. Construction Round Table 18. Scarlett Burkett Griffiths 19. Stefan Tietz
26. National Joint Consultative Committee 27.
33. President‘s Consultative Committee (BEC) 34. BPF Review back-up panel
Stephen Davies, Building Employers Confederation (BEC) and Philip Povey, Joint Secretary, Joint Contracts Tribunal UCT)
Frank Griffiths, Monty Burton and Peter Marsh (CIPS assessor and team)
Ian Dixon, CBE and Graham Watts (CIC)
Giles Dixon, Turner Kenneth Brown
BEC and Federation of Master Builders (FMB)
Electrical Contractors Association (ECA) and Giles Dixon James R Knowles Claims Conference
Colonel J Weir, Jeakins Weir Ltd
37. Peter Rogers, Stanhope
50. Royal Incorporation of Architects in Scotland 51. Scottish Building Contract Committee 52. Scottish Office
53. BEC annual conference 54.
55.
56.
57. Innovation Policy Research Associates 58. Assessors’ meeting
12. Building Structures Group 13.
Royal Institute of British Architects
Launch of Constructors Liaison Group
”Profit from Innovation” launch, CIC British Association of Landscape Industries
Building Research Establishment Construction Quality Forum launch
Construction Industry Research and Information Association
Association of Consulting Engineers (ACE)
Sir Peter Levene, George Iacobiescu (Canary Wharf) Malcolm Hutchinson, Stephen Gibbs, Reg Woodman (Docklands Light Railway)
Centre for Dispute Resolution (CEDR), ADR Group, British Academy of Experts, Chartered Institute of Arbitrators.
DOE and Gardiner Theobold Management Services
Chartered Institute of Building Services Engineers (CIBSE)
Scottish Joint Consultative Committee & Scottish Construction Industry Group
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22. Electrical Contractors Association
32. Northern Ireland Government Departments 33. 40. Construction Round Table 41. Stephen Moon, BEC
42. Chartered Institute of Building
43. Confederation of Construction Specialists 44.
45. Association of British Insurers 46.
47. Official Referees’ Solicitors Association 48. Ministry of Defence
49. Arnold Project Services 50.
51. National Audit Office 52. National Contractors Group 53.
54. Institute of Plumbing 55. CIBSE conference
56. Association of Project Managers 57. Masons
58. CIEC steering group 59. Donald Bishop
60. Junior Liaison Organisation 61. European Construction Institute 62. BEC and FMB
63. Paul Hodgkinson, Simons Group 64. Colin Andrews, Bovis
65. Keith Allsop 66. BEC
All Party Construction group, Houses of Parliament
Len Bunton, Muirheads Beard Dove
Construction Employers’ Federation (Northern Ireland)
Royal Society of Ulster Architects, Royal Institution of Chartered Surveyors (Northern Ireland) and ACE (Northern Ireland)
Confederation of Associations of Specialist Engineering Contractors (Northern Ireland)
British Constructional Steelwork Association (BCSA)
Sir Brian Hill and Jennie Price (BEC)
JCT - Chairman and Joint Secretaries
Sir Andrew Derbyshire and Graham Watts
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67.
68. Chartered Institute of Arbitrators 69. Kier Group
70. Ove Arup
71. SECG steering group 72. Assessors' meeting 73. DOE
74. Ken Dixon, Sylvester Bone, Sandy Mackay and Graham Watts 75. David Anderson and Jennie Price
76. CIPS conference
77. DTI (Consumer Affairs Division) 78. BCSA
79. GEM
80. Assessors' meeting 81. Sir George Young MP 82. John Gains, Mowlems
83. Martin Barnes, Coopers and Lybrand 84. Lawrence Haines, Highways Agency 85. The Major Contractors' Group
There were' also many informal contacts on the telephone and at industry functions, some of which Sir Michael addressed.
Peter Jordan, Building Projects Information Committee.
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JCT
1. The existing membership of the Joint Contracts Tribunal is as follows:-
2. There are, in practice four main participants within the contracting process. They are clients, professional consultants, main contractors and specialist/trade (sub) contractors.
The JCT has no direct representation of private sector clients other than property developers, and its public sector members all represent local authorities. It does not provide for contracts/agreements between clients and consultants, nor between main contractors and subcontractors, unless they are nominated or, in limited cases, “named”. There is therefore no total matrix of documentation available to the client. The representation on the JCT of the organisations does not reflect the modern structure of the industry, whereby the professional organisations gather together under the Construction Industry Council, the main contractors (and some subcontractors) under the Construction Industry Employers Council and the specialists under the Constructors Liaison Group. The presence of the Scottish Building Contract Committee (SBCC) as full members is somewhat anomalous, since it has its own Committee and Scottish contract documents.
3. A restructured JCT should take the following form:-
1. The Construction Clients’ Forum should nominate 9 private sector members.
Clearly it would be sensible if its representation came from as wide a spectrum as possible.
2. The public sector clients should also have nine seats, of which four should be for the Local Authority Associations and the remainder divided between Government procurers and significant public sector agency clients, including the housing association movement. The Department of the Environment should take responsibility for allocating such seats, and keeping the distribution of them under review.
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3. The CIC, the CIEC and the CLG should each have nine seats, to be distributed amongst their members as they judge best.
4. The SBCC should retain observer status if it so wishes, and may wish to consider its own structure, to reflect changes in the JCT.
4. The membership should be grouped into a series of four “colleges” - clients (public and private), consultants (CIC), main contractors (CIEC) and specialist/trade (sub) contractors (CLG).
5. In order to create a complete family of interlocking documents, in accordance with the principles of Chapter 5.18, there should be a series of sub-committees. Thus:-
1. A sub-committee of clients and the CIC should be responsible for preparing a matrix of consultants’ conditions of engagement, interlocking with each other and with the main building contracts.
2. A sub-committee of clients and the CIEC should prepare main contract documents.
3. A sub-committee of the CIEC and the CLG should prepare domestic subcontract documents.
4. A sub-committee of clients, the CIEC and the CLG should prepare nominated or
“named” subcontract documents, if these are still desired.
As the New Engineering Contract already incorporates many of the principles of Chapter 5.18, it would be best if it were used as the basis for the work of the committees. The ICE would have to be involved as it holds the copyright.
6. Equal representation of both (or all, in the case of 5(4)) parties should be permitted on the sub-committees. Other parties should be invited to attend and advise, but not veto or vote upon contracts to which they are not a party. The Chair should alternate between the parties on the sub-committees.
7. It would be the duty of the whole JCT (or a representative smaller executive grouping of it) to ensure that the documents all interlock fully with each other. It should also supervise the preparation of any other documents necessary to complete the matrix including bonds, warranties, latent defects insurance and special conditions for design undertaken by contractors or specialist subcontractors. Such documents might require ad hoc groupings to formulate them, or could be dealt with by the appropriate sub-committees.
CCSJC
8. The CCSJC currently consists of nine members. There are three each from the Institution of Civil Engineers, the Association of Consulting Engineers and the Federation of Civil Engineering Contractors, representing clients, consultants and main contractors respectively, I recommend that:-
1. Clients should nominate six members. Three should come from the Construction Clients’ Forum and three seats should be taken by Government Departments, two for the Department of Transport and the other to be allocated by the DOE.
2. That the ICE and the ACE be both seen as representing consultants, and each have three seats, making six in total.
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3. That the CIEC has six seats.
4. That the CLG has six seats.
5. Alternatively, if the ICE wishes to continue to represent clients, it could be in the clients college, in which case the ACE, the CIEC and CLG could have eight seats each.
9. The CCSJC should then divide itself into similar working parties as suggested for the JCT (see paragraphs 5 and 6), for the purposes of preparing a full matrix of documents based on the principles of Chapter 5.18, including consultants’ conditions of engagement, main contracts, subcontracts, bonds etc. As the New Engineering Contract already incorporates many of these principles, it would be best if it were used as the basis for the work of the committees.