CIC Happold Medal Lecture 2013

CICRobin Nicholson became the ninth recipient of the CIC Happold Medal, awarded jointly by the Construction Industry Council and the Happold Trust after delivering the lecture entitled “Collective responsibility for a sustainable industry”. Tues 29th Oct’13 at the Institute of Civil Engineers.

I’ve created a storify of the event and tweets.

Robin, a past Chairman of the CIC, gave a potted history of the CIC on the start of its 25th Anniversary which has coincided with a significant amount of fervour about industry reform and continues today.  His conclusion on reform was essentially ‘we know what to do, let’s stop talking and start doing more’.  I couldn’t agree more having just read another (good) report on Supply Chain Analysis of Construction by BIS that isn’t really telling us anything we didn’t already know.

The main focus of the lecture was on sustainability and Robin provided a plethora of amazing stats to make the point we need to make better use of our resources; we can’t continue being so wasteful. And for the built environment this means rethinking about how we reuse our assets.

However whilst sustainability is an absolute imperative, the collective challenge for the supply side of the industry is address the root cause of the many issues highlight by Robin that prevent the progress of, amongst other things, sustainability.  Interestingly the dilemma of CIC is the recognition that professional institutions reinforce a fragmented process and a silo mentality; yet the obvious solution of combining institutions or creating a single one is in the too difficult pile.

Robin apologised for the depressing nature of his comments, he is an optmist by heart. I felt as if the subsequent panel debate focused too much on the negative and failed to emphasise the many good things that are taking place within the industry.  As an industry we do many amazing things and I strongly believe we will continue to evolve in a progressive and postive manner.  BIM is undoubtably providing the catalyst to rethink how we operate and move towards more collaborative and integrated practices.

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Do we need another Contract Form?

As one lawyer said “if two lawyers are in the same room, you’re unlikely to get agreement”; so what happens when you have a room full of lawyer-folk!

NBS_UCCC

Let’s cut to chase, my conclusion from the NBS Bond Dickinson briefing “Understanding Construction Collaboration Contracts” is that the lawyers aren’t that impressed with current collaborative forms.

But if collaboration is called for, aren’t collaborative contracts essential?

Ever since Latham constructed the team and Egan rethought construction, built environment professionals have been urged to find a different way of working.  If clients are to have successful projects, improvement must be through COLLABORATION!  Ad infinitum the message is that adversarial ways don’t cut the mustard anymore; the latest including the Government’s new procurement routes with collaboration at the heart; and if BIM is to achieve it’s full potential, “the only way is collaborate“.

I attended the NBS Bond Dickinson briefing Understanding Construction Collaboration Contracts because I recognise that if construction needs to collaborate, then collaborative forms of contract must be adopted. [Review my storify]

The briefing reviewed 4 contracts; three I knew about and one whose arrival had recently passed me by!  The NEC3 is 20 years old; it’s been around a while and is being used.  The PPC2000 has it’s plaudits and is shown in a favourable light by the Government Trial Projects.  The JCT adopted the Be Collaborative form as its own and hence we have the JCT Constructing Excellence form.  The new kid on the block is the CPC2013 (Complex Project Contract) authored by the CIOB.

NBS_UCCCx4The audience were treated to candid and informative series of presentations from principally lawyer-folk. My impression is that the lawyers aren’t that impressed with these collaborative forms. From their legal perspective, they didn’t appear to recognise the management rationale and instead focused on the fact that if the projects go wrong, the contracts will not stand up in Law; afterall what is collaboration in the eyes of the court! Certainly for anyone who attended the event, if they recommend a collaborative form potentially they could be held negligent given that barristers advised to stay well clear of one of the forms!

So I see we have a bit of stand-off.  We need collaborative forms, but what client advisors are/will be advising clients to use the current bunch?  In my opinion this is a pressing issue, and one that will affect the adoption of the new procurement routes and the implementation of BIM …

…. or shall we just leave the lawyers to have a reasonable disagreement!

This is a link to my Storify of the event.

Random quotes

Progress:
“The reasonable man adapts himself to the world: the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man.”
GEORGE BERNARD SHAW, Maxims for Revolutionists
Read more at http://www.notable-quotes.com/p/progress_quotes.html#m8X0owaHCU6d95d2.99