Tag: civil engineering

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.  

 

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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. 

Since its formation in 1958 by Tom O’Brien, the father of current directors Peter and Mick, specialist civil engineering and groundworks company O’Brien Contractors, based in Leamington Spa has been at the forefront of embracing new technology.

For Peter and Mick O’Brien, a focus on developing the use of Trimble machine control systems since the late 1990s, has seen the business grow its capabilities across its mixed fleet of excavators and dozers.

Having recently trialled the latest machine control technology on a compactor with Trimble solutions provider SITECH UK and Ireland, Mick O’Brien has a clear focus on how O’Brien Contractors will continue to take advantage of the technology to maximise productivity, as he explains: “From the very early stages of machine control, we recognised the commercial advantages it could offer us as a business, investing time with Trimble to develop the early solutions.

“It has been this long term journey, now continuing with Trimble dealer, SITECH which has seen us build our fleet to incorporate six dozers, twelve excavators and more recently trial the latest in compactor technology.

“For me, most people looking at machine control tend to focus onsite, whereas through our experience we know the real value lies in preparation in the office, prior to starting a job. This is why a few years ago we employed a dedicated machine control specialist. From tender stage, he liaises with our estimating team to work out volumes and look at the overall project, to see where value-engineering opportunities exist, carrying this work through when the project starts.

Even though this is a lot of investment in time before you are even awarded a job, it ultimately contributes towards a greater understanding of the project which leads to improved planning. With clients also wanting us to react very quickly when we are awarded projects, our machine control expert has the capabilities to model the earthworks required and feed this information directly into the machines, even when they are on route to site.

“So instead of engineers being dispatched to do the setting out, the machines can be operating within minutes of arriving at the job.  Even if the earthworks models change as the project moves forward, we can send the updated drawings and technical data straight to the machine.

“Of course the key to making this work is the interaction between operator and machine and this is why our expert is also tasked with training and supporting our drivers, with help from SITECH. Interestingly, you may think that machine control would be harder to introduce to older operators, but this is just not the case, as our most experienced people are in their 60’s and have found it very simple to make the transition.

“Having recently worked with SITECH to trial a compactor with machine control, I can definitely see how we can continue to expand our machine control fleet and capabilities. But for me the next step is all about utilising two-way communications, by receiving and processing data from individual machines activities.

“For our business this will be extremely important, as our clients expect us to report on site progress and this can be done in the future without leaving the office. For example, in the last 12 months we have kitted out eight excavators with machine control and can now receive data from the machines activity.

By knowing just how much of the workload each machine has achieved and the time taken, we can plan activity much better, keeping the job on track. Equally because of the partnership we have with SITECH, for certain jobs, we may choose to hire in equipment for the duration. The benefit of this approach is that we can still integrate these machines with our head office, by hiring equipment from SITECH and fitting it to the hired machine.

“I definitely think we will now see much more demand for information on earthworks from main contractors, especially as more people are challenged to meet carbon targets. In my opinion, even when you compare older machines with newer fuel efficient models, if you get machine control right and therefore the job right, it will have a much bigger impact on fuel efficiency than simply operating a new machine.”

Leading groundworks and civil engineering contractor, O’Brien, has been appointed to work on Goodman’s regeneration of Browns Lane in Coventry.

In the latest phase of the masterplan for the regeneration of the former Jaguar Land Rover site, the Lyons Park development will deliver 214,000 sq ft of modern industrial space to the local area.

Appointed by principal contractor, John Sisk, the project will see O’Brien deliver a host of earthworks and groundworks, including: 36,000m2 site cut and fill to form a reduced level excavation for the building foot prints, pad foundations, new storm and foul drainage system and service yards – incorporating the petrol interceptors and an attenuation tank.

Stuart Chamberlain, Director, O’Brien Contractors sees the contract as further evidence of the firms diversification strategy paying dividends: “Our ongoing investment in cutting edge surveying equipment and state-of-the-art excavators and bulldozers; equipped with GPS control systems, enables us to continually improve the quality of our work and the speed of installation.”

“Our technical expertise is essential in carrying out the works and assisting in creating cut and fill balance on complex and time restricted earthworks schemes. It enables our expert operators to deliver the design to the exact client specifications and ensures we provide the highest quality and level of service possible.”

The £1.65m contract will see O’Brien Contractors on-site for 20 weeks, with the overall scheme due for completion this summer.