Category: News

We are of course aware that no Client or Project Manager welcomes the receipt of Early Warning Notices (EWN). We are also aware that unfortunately they are an inevitable fact of our industry as “Change / Variations” will always occur, but if EWNs are managed well, then they can be a catalyst to improve Contractor / Client / Project Manager relationships as well as encourage continued Collaboration and act as a proactive problem-solving forum between the Project Stakeholders as works proceed.

So, the question is, how can we navigate this process to ensure that Early Warning Notices do not become divisive but rather assist the Project as a whole, in both Commercial and Programming terms.

The term Early Warning Notices generally emanated from the introduction of the NEC 3/4 suite of Contracts, but I believe this system of notification should be adopted for all forms of Contracts even if no formal process exists within them.

Over the decades I believe the correct approach to ensure this occurs is detailed below – this approach generally matches that adopted by HM armed forces which is (a) Identify the problem (b) review the impact of the problem (c) analyse different options (d) agree which option is the most preferred and (e) propose the outcome to all Stakeholders to agree what option is be actioned:

Key action – in advance:

1. Thoroughly understand the risks agreed within the Executed Contract as well as the protocols and timetables detailed within the Contract T&Cs, Core clauses, Contract amendments and Risk Register, if included. Core Clause 16 of the NEC 3 & Clause 15 of the NEC 4 Contract should be referred to for general protocol as well as the notification process detailed within Clauses 2.23 & 2.24 of the JCT Forms of Contract (not forgetting any T&C amendments thereto of course) if applicable.

Key actions – following the identification of a “potential issue”:

1. Although it is critical that the process detailed in item 1 is adhered to, irrespective of the protocols detailed therein the following approach should in my opinion, always be adopted when a “Change / Variation” occurs:
2.  Raise an Early Warning Notices as soon as a “potential issue” arises or becomes apparent – the Project Manager should be encouraged to do the same, if applicable.

Potential issues may include for example:

• Changes to the Works information including design.
• Encountering unforeseen circumstances and / or conditions.
• The addition of unforeseen constraints.
• Buildability / Compliance issues.
• Delays to the Contract (enforced or not enforced) including key dates and Budget over runs etc.

The drafted EWN should ALWAYS be written concisely and constructively and detail the following:

As a minimum:

• Early Warning Notices number and Date (numbered sequentially and entered on to a EWN Project register).
• Provide details of the “potential issue” and why it has occurred.
• Why the Contractor / Client believes a “Change / Variation” may have occurred and what clause they rely upon to reach this conclusion.
• Estimates of cost if mitigation measures are not implemented.
• Be compliant with Contract T&Cs.

Recommended additional inclusions within the Early Warning Notices pro-forma – section to be included within the EWN:

 

1. THIS ACTION IS KEY i.e. offer “Alternative Options and Mitigation measures to be considered by all parties”.

In order, to encourage dialogue and ensure a “collaborative” joint decision is reached between all Stakeholders regarding over coming any “potential issue” then I suggest a section be added into the Early Warning Notices notice detailing all mitigation measures and options that may be possible, in order to reduce the impact of the issue if it arises. These should include:

• The Cost and Impact of the issue if no mitigation measures are put in place plus add:
• Options available – Consider and detail alternative mitigation measures / options that could be considered to reduce its impact, these may include:
  • Design changes including re-routing proposed infrastructure or altering Specifications and non-critical End Performance Criteria, if necessary.
  • Changes in sequencing of working to try to ensure the “potential issue” does not lie on the Critical Path – Including possibly agree revised hand overs / sectional completion dates?
  • Increase resources and / or acceleration.
  • Changing work Techniques.
  • Changes to non-critical works that may assist.

 

These alternative options should be accompanied by draft costs and programme impacts, if possible.

1.“Contractor Recommendation”

The Contractor should detail which option / mitigation measure he considers to be the most favourable and why.

2. “Client Recommendation”

The Client / PM should be encouraged to detail which option they prefer (possibly before the Risk reduction meeting taking place).

3. “Request to attend an Early warning meeting”.

The Contractor should detail a convenient date / venue for a Risk Reduction meeting between all stakeholders to take place – this should be at the earliest possible date.

4. Convene a Risk Reduction meeting shortly after the EWN has been raised where all options are discussed and considered and hopefully agree upon the optimum solution.

 

All Stakeholders holders (including design consultants etc) should attend, and the Contractor should prepare if possible or if applicable, a Power Point presentation of all the potential mitigation measures (with estimated costs) available.

Items 2 (b), (1) in my opinion are critical in achieving the optimum solution to overcome any potential issues detailed within the EWN and ensure all Stakeholders are involved in the final decision / solution. This will assist in Final Account agreement also.

By Lance Gudger, Director at O’Brien Contractors Limited 

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Earlier this year, we were appointed by Chesterfield Canal Trust to construct and install a new bridge for pedestrians and cyclists at Staveley. Work began on site in early April, with major ground works starting a few weeks later in May, preparing the area ahead of a bridge installation at the end of the project.  

The Chesterfield Canal spans 46 miles, running from Chesterfield to West Stockwith. The project was managed by the Trust and included groundworks, landscaping and restorative works to bring a new lease of life to the area. 

Before installing the 38-meter long, 40-tonne Trans Pennine Trail bridge that would replace the brick bridge demolished 30 years ago, we needed to clear the area of any overgrowth, soil and debris. Our team worked hard to clear the area, leaving space for the new bridge to be installed. 

To restore the canal’s natural beauty, we landscaped using a selection of wildlife-friendly vegetation, encouraging more natural life to make the area its home. We also constructed a new lock and seating area for visitors to enjoy and rest whilst taking in the surroundings. 

In October, the final stage of the project was completed, as we took on the mammoth task of installing two halves of the bridge. It took a full team around two days to complete the delivery and build, with help from CTS Bridges who welded and painted the joints prior to installation.  

 

Click to find out more about our construction and civil engineering works. 

By Lance Gudger, Director at O’Brien Contractors Limited 

With over 40 years of experience in civil engineering and the delivery of S278 works, I’ve observed a notable disconnect in our industry regarding S278 agreements and their inclusion within the Main Contractor’s scope of work. This is particularly concerning since the Main Contractor is often not a direct party to these agreements and typically has minimal influence over their final wording. 

While contract terms often require the Contractor to account for “Third Party agreements” (such as the S278 agreement), tender documents rarely provide a draft or executed S278 agreement.  

Consequently, to mitigate risk, Contractors frequently stipulate in the final contract that they will not be liable for any requirements within these agreements if they are not provided by the “Base Date.” This approach generally places the risk of unforeseen elements back with the Client. 

To navigate this complexity, Clients and Main Contractors should be aware of the following key considerations regarding the wording and execution of S278 agreements, while recognising that different Local Authorities may have varying approaches: 

1. Timing of Contract Execution: Local Authorities typically will not execute the S278 agreement until all planning conditions are resolved and technical approval is granted. 
2. Impact on Road Space and Traffic Management: The S278 agreement usually needs to be executed before the Main Contractor can secure road space or commence negotiations on traffic management proposals. Acquiring road space can take up to three months.
3. Key Clauses to Avoid in S278 Agreements: Clients should aim to resist the inclusion of the following clauses: 
   • Practical Completion and RSA 3 Audits: Avoid clauses stipulating that Practical Completion cannot be achieved until all issues related to the RSA 3 Audit are resolved. Such clauses could cause significant delays, especially for complex on-line infrastructure projects. Ideally, the RSA 3 Audit should begin after Practical Completion or once the road network is completed and open and conducted during the defect rectification period. 
   • Third-Party Damage Responsibility: Avoid clauses that make the Client responsible for third-party damages during the defect rectification period, such as those from road traffic accidents or graffiti, as these costs can be substantial. 
   • Winter Maintenance Liability: Ensure that the responsibility for winter maintenance is not assigned to the Contractor.
4. RSA 3 Audit Process and Timeline: The RSA 3 Audit process can be lengthy, particularly when involving National Highways. It is essential to incorporate sufficient time and milestones into the project schedule to mitigate potential delays. Here is a recommended guide to streamline the process: 

• • Ensure that the infrastructure designer or consultant includes the RSA 3 (and 4) Audit within their scope of work and fees. 
  • Engage with the infrastructure designer, adopting authority, and proposed auditor as early as possible, ideally before completion, to draft a brief in accordance with GG119 in advance of the on-site audit. 
  • Employ an approved auditor to conduct an on-site audit, involving all necessary third parties. This audit should ideally occur immediately upon Practical Completion or with the Local Authority, once the road network is completed and open. 
  • Submit the audit findings to the adopting authority.
  • Review and agree on the final RSA 3 report, and address any issues raised either through design responses. 
  • Apply for road space if the final RSA 3 report requires additional work on the existing highway. 

Key Conclusions:  

The RSA 3 Audit process can take several months, so it is crucial to prepare thoroughly and engage stakeholders early to avoid delays. Do your homework well in advance! 

By understanding these nuances, Clients and Main Contractors can better navigate the complexities of S278 agreements and RSA 3 audits, ultimately ensuring smoother project delivery and reduced risk exposure. 

We’re getting work off to the right start at the University of Warwick, conducting essential enabling works as part of the largest single investment in campus facilities in its 60-year history. 

Working closely with Mace Group Ltd, we’re delivering the first phase of the 43-week project, which is expected to be completed in summer 2025. The new state-of-the-art learning and research facilities will allow the University to drive STEM innovation in the Midlands, as well as provide space for collaborative working and public engagement. 

Our JCT Design & Build contract will see us conduct vital infrastructure works to support the wider project, including the construction of building platforms, erection of retaining walls, substantial Drainage and Utility diversion works, including HV, Helium, Gas and a major dual District Heating Main as well as the provision of brand-new car parking facilities for staff and students, enhancing life on campus. 

To improve access to the new science and engineering precinct, a new s278 road junction is required, along with a new rising main and pumping station ready for handover in summer 2025.  

The new science and engineering precinct is part of the STEM Connect Programme and once finished, will be home to specialist integrated teaching facilities for the Department of Chemistry and Physics, and the School of Engineering. 

Lance Gudger, Director at O’Brien Contractors, said: “This is a hugely significant project for the University of Warwick, the Midlands as a whole, and the UK’s STEM sector. We’re extremely pleased to be involved to deliver essential enabling works. 

“We’re a close neighbour to the University and the project allows us to make an impact on the local community too, from the jobs and social value we’re creating, to the legacy we are leaving at the university. We look forward to working closely with all the partners involved to help this flagship new facility come to life.” 

We’re experts when it comes to enabling works and undertaking projects across the education sector, with major schemes of work for the University of Birmingham, Stratford-upon-Avon College and Solihull School, under our belts.  

Professor Mark Williams, Academic Director for the STEM Connect programme at the University of Warwick, said: “We’re extremely pleased to be working with O’Brien Contractors and huge progress has already been made on site, preparing the land for the next stage of the development. The team’s expertise and experience working within the higher education sector made them and ideal partner for the project and they are already making a positive impact.” 

Click to find out more about our civil and construction work. 

It’s no secret that we love a bit of sport at O’Brien Contractors and we’re proud to announce our new sponsorship of our local side, Cubbington Albion, over the course of the 24/25 season.  

We’ve been a proud part of the Cubbington community for the past 66 years, in that time fostering strong relationships with individuals and organisations in the local area.  

The new season has already kicked off and the first Cubbington Albion home fixture on Sunday was well attended, even garnering the attention of the local press. Despite falling short against rival team Bourton & Frankton FC, it was a fantastic spectacle with a great atmosphere. 

We’re all looking forward to supporting our local boys for the remainder of the season, with our logo proudly front and centre.  

 

With the Grand Prix weekend fast approaching, O’Brien Contractors Ltd are pleased to confirm completion of a £1.3 million enabling works package for MEPC at Silverston Park, neighbouring the world-famous Silverstone Racing circuit.

MEPC are a British-based imaginative developer that provides dynamic long-term stewardship and the creation of transformational places with the future in mind. It was a privilege to give MEPC the green flag through the delivery of their project on time, and mitigate challenges associated with one of the wettest winters on record.

In line with our consistent commitment to ESG from project inception to post completion: 22,000m³ of stockpiled soil from previous construction projects was utilised within landscaped bunds to minimise disposal of spoil to landfill. 450 new trees were planted, 500m of hedging was placed and 13,500m² of wild grass meadow was dispersed.

In addition, communication and dialogue with the general public ahead of, and during the works, was crucial, as many had used the land previously for dog walking. Routes around the site were maintained and work areas were effectively secured to ensure the enjoyment and safety of the public.

The Royal Society for the Prevention of Accidents (RoSPA) presented O’Brien Contractors Ltd with a prestigious President’s RoSPA Gold award, in recognition of our robust commitment to health and safety.

RoSPA recognises and celebrates excellent health and safety practices and associated commitment to protecting lives – industry wide and internationally. O’Brien are proud to have secured the Gold Award for 11 consecutive years.

O’Brien Contractors Ltd held a well-attended Groundbreaking Ceremony on Friday 17th May 2024 to commemorate the commencement of restorative works at Staveley – for Chesterfield Canal Trust.

The prestigious event was captured live via our drone (footage below) and by Look North – BBC: https://youtu.be/rpD-NgcNzoA.

We were also delighted to see the Article published by Derbyshire Times: https://www.derbyshiretimes.co.uk/news/environment/were-incredibly-proud-contractors-break-ground-on-new-bridge-for-chesterfield-canal-restoration-4636343 and Chesterfield Canal Trust’s Press Release: https://chesterfield-canal-trust.org.uk/canal-restoration-gets-underway-in-staveley/.

O’Brien are looking forward to seeing the long term benefits that our restorative work will bring to wildlife, the local community and visitors. 

Three of four of our shiny, newly procured vehicles are pictured here. The Transit Courier was swiftly required on site post livery.

O’Brien Contractors Limited continue to secure new contracts, resulting in ongoing expansion of our fleet and plant. Our continued progression is achieved through partnership working within communities where we successfully deliver our construction activities and ESG.

It was an absolute privilege to see the newly constructed Horticulture Hub and Forest School enhancement at Two Rivers School, Tamworth. The magnitude of the improvement to the vast outdoor learning environment knows no bounds. Students and their supporting professionals are clearly benefitting from the resources funded by our charitable contributions, ranging from an extensively equipped garden shed and greenhouse to planters and gardening attire.

Two Rivers is an all age, inclusive provision. We were inspired and heartened to see the positive difference that the O’Brien Charitable Trust investment has and will continue to make. Consequently, students are being equipped with crucial life skills, career preparation and dysregulation mitigation – within an enjoyable, safe environment. The holistic and academic outdoor curriculum offered to all students at Two Rivers includes, grow your own, pond dipping, and mindfulness. The students were so proud to share their resultant happiness and achievements, which was wonderful to see.

A big thank you to the terrific teachers and superstar students for such a warm welcome, your valued time and the beautiful thank you card. We look forward to seeing your continued success. Stay amazing!