The ‘Guidance on Collaborative Procurement for Design and Construction to Support Building Safety’ was commissioned by the then Department of Levelling Up, Housing and Communities, in response to the Grenfell Tower disaster and Dame Judith Hackitt’s independent review of the construction industry practices that led to that event.
The Guidance was prepared by Professor David Mosey of the Centre of Construction Law & Dispute Resolution and Russell Poynter-Brown of On-Pole Ltd, working with a cross-industry Procurement Advisory Group, and it has been accepted for adoption by the HSE Building Safety Regulator. Philip White, the HSE’s Director of Building Safety, has stated that:
‘BSR will view the Guidance (most notably questions A -M) as one benchmark for compliance with the law, particularly in relation to clients’ duties regarding:
(a) the strategies, policies and procedures the client has adopted for planning, managing and monitoring the HRB work
(b) the strategies, policies and procedures the client has adopted to identify, assess and keep under review the competence of the persons (including PD and PC) carrying out the HRB work
(c) the strategies, policies and procedures the client has adopted to support co-operation between designers, contractors and any other persons involved in the HRB work’
The Hackitt Report identified that “A key issue underpinning system failure is indifference” where “the primary motivation is to do things as quickly and cheaply as possible rather than to deliver quality homes which are safe for people to live in”. It concluded that: “Improving the procurement process will play a large part in setting the tone for any construction project. This is where the drive for quality and good outcomes, rather than the lowest costs must start”.
What makes the King’s-led Guidance different from the wealth of other guidance in circulation, is that it sets out a clear path to ensure that the industry and their clients understand how to adopt and implement the procurement and contracting processes that deliver safer buildings.
The Guidance supports the stringent regulatory framework set by the Building Safety Act 2022 and its supporting secondary legislation. Its recommendations are combined with a series of procurement and contracting questions to be considered at each of the three “Gateway” stages that now govern health and safety approvals. These questions comprise a checklist at Section 3 to be dealt with in advance of each Gateway.
Systems of collaborative procurement as presented in the Guidance are shown to improve value and reduce risks on projects in the housing sector and others, and examples are exhibited throughout the Guidance. To avoid what Dame Judith Hackitt called “the race to the bottom”, Section 5 demonstrates how and why a balanced evaluation approach to quality and cost can support the selection of competent contributors. Section 6 then explains the machinery and benefit of the early involvement of the supply chain, enabling their contributions to improve safety, quality and cost certainty.
Collaborative construction procurement and contractual mechanisms create the foundations for concerted efforts that improve safety in the design, construction and operation of any built asset. Section 7 shows how participatory and transparent decision-making supports the joint development, sharing and application of crucial information and brings to life the Hackitt recommendation that: “It is incumbent on all duty holders to ensure that procurement process they use drives the correct behaviours throughout the supply chain”.
Collaborative procurement and contractual mechanisms are also key ingredients to the implementation of digital technology. They support the delivery and maintenance of accurate information during the design, construction, operation and maintenance of an asset. Section 8 of the Guidance reveals not only the important links between information and safety but also the best ways to create and use a digital “Golden Thread of Information”, in line with the Hackitt recommendation that: “Obligating the creation of a digital record for new HRRBs from initial design intent through to construction and including any changes that occur throughout occupation. This package of building information will be used by the dutyholders to demonstrate to the regulator the safety of the building throughout its lifecycle”.
To initiate and maintain a collaborative eco-system necessitates the integrated involvement of clients and all project team members, including input from supply chain specialists and stakeholders. Section 9 of the Guidance describes how: “leadership, management and quality control can sustain a collaborative culture and can help teams to focus efficiently on improving safety and quality and reducing risks”. Collaboration and its value creation should not be lost once each project is complete, and Section 10 explores how long-term strategic relationships can capture and embed important learning.
Section 11 of the Guidance shows how collaborative procurement systems can create improved value for the client and the contributors through cost certainty and cost savings, improved performance, extended warranties and improved social, economic and environmental value - without compromising quality or safety. Section 12 considers the benefits of collaborative techniques learned from other industries, in line with the Hackitt proposal that “Those who work in the built environment need to learn from the good practices in other sectors.”