Project Management

The rise of the contractor ‘Brexit clause’

Predictions from the UK property industry on the likely impact of Brexit continue to change and develop as negotiations progress. One of the more immediate concerns which face projects underway now and commencing soon is a possible trend towards contractors adding a ‘Brexit clause’ to the terms of their contract.

This clause relates to limiting the level of risk which contractors are willing to accept with respect to procurement and delivery of materials. Where contractors would normally take on the risks associated with importing materials, the ongoing Brexit discussions make for an unpredictable future process in which supply chains might be blocked or delayed beyond contractors’ control.

In cases where a Brexit clause is added to a contractor’s terms, the contractor is expecting the client to accept the risk involved in the form of project delays or cost fluctuations (as a result of tariffs or storage costs for example).

TFT is currently aware of a few instances of these amended Brexit clauses to date and advises clients that these are likely to become more common as uncertainty of the UK’s relationship with the EU continues, particularly if ultimately a “no deal” outcome is reached.

Our further advice to clients is to understand the supply chains for construction products and materials at an early stage to identify areas of risk. As an example, whilst a product may be produced by a UK manufacturer, it may have components from elsewhere all over the globe (or more importantly in this instance, from one of the 27 remaining EU countries). This level of scrutiny of the source of origin for products and materials will be beneficial from a risk perspective and may also be of benefit for sustainability reasons.

Additionally, it is worth clients and their advisors undertaking further due diligence during the contractor selection process to understand what contingency plans they have for managing some of the risks around importing of materials. For example, some contractors are already putting in place holding facilities either side of major ports such as Dover and Calais. With such facilities in place and with careful consideration of lead-in times, this will help to alleviate possible effects to programmes caused by importing delays.

Some contractors are also forward purchasing Euros to the value of supply chain commitments for goods and services from EU member states, to avoid the impact of currency fluctuations. In addition to the above, some contractors are looking to amend contract terms where if, following Brexit, there are more onerous changes to statute in the UK which were previously covered by EU legislation, the contractor is looking to push that risk back to the Employer.

If you have further questions relating to the nature of these Brexit clauses and next steps to resolve supply chain issues, please contact Dan Henn, Partner and Head of Development and Project Consultancy.

TFT wins mandate for M&G

TFT has been appointed onto the M&G Building Surveying Term Consultancy Agreement. The national framework will extend over three and a half years and will cover core Building Surveying roles, including: Project Management; Technical Due Diligence; Development Monitoring; Dilapidations and Neighbourly Matters. It will also entail Mechanical and Electrical Services, Employers Agent and Cost Consultancy.

Alan Pemberton, Managing Partner, Tuffin Ferraby Taylor, said:

M&G is now a slightly different business to how they were when we lasted worked for them. Today there is a major emphasis on investing in large, high quality assets across the UK and Europe. Naturally we are delighted to have been instructed by such an internationally important investor. We expect to be very busy indeed.

TFT gets star billing at Newcastle’s premier leisure complex

The Gate, situated in the heart of Newcastle city centre, trades over three floors and is anchored by a 16-Screen cinema, a casino and nightclub. The complex was originally constructed in 2001. Since then has undergone minimal refreshment which had left the interior design of the mall dated and cold. Sightlines through the circulation spaces were poor, and were impeded by poor lighting and signage, and an abundance of exposed metalwork.

Following the pre-acquisition TDD we undertook for The Crown Estate, a number of refurbishment opportunities were identified, which in partnership with the tenants, could help reposition and rejuvenate the centre.

TFT were appointed as Project Manager to manage the £3.5m refurbishment scheme and has worked closely with The Crown Estate to deliver its vision of making The Gate an aspirational, edgy and relevant destination in Newcastle. In May 2016, works began to declutter the existing site, improve lighting levels and remove block columns and steelwork to open up areas with new balustrades and feature bulkheads.

A new lobby has been constructed to the main entrance at ground floor level and a new first floor mezzanine has been created, with an impressive two-storey high feature light. The new feature chandelier and centre lighting scheme has given the centre control over the lighting themes. This means The Gate has complete control over the centre’s visuals and can create themes for specific events.

All retail walls have been refurbished along with the toilets, lift lobby and staircases. Signage has also been overhauled to include new wayfinding throughout and feature signs to both internal and external facades.

All works have been completed out of hours so that the main retail area could remain open as usual. As a result of the mall’s refurbishment, the EPC rating of the centre improved from E to D. TFT continues to support The Gate with the creation and implementation of a 10-year Maintenance Action Plan.

TFT appointed at Edinburgh St James

Credit: Edinburgh St James

TFT, independent property and construction consultancy, has been appointed as Project Technical Monitor at Edinburgh St James, the 1.7 m sq ft city centre scheme in Scotland’s capital.

TFT has been appointed by APG and the Henderson UK Shopping Centre Fund. The instruction enables TFT to provide independent technical monitoring to the investors, particularly focusing on quality, cost and programme.

Edinburgh St James is scheduled to open to the public in 2020. It will consist of 850,000 sq ft of prime retail space with over 85 shops and over 30 restaurants spread over four levels. These will sit alongside the existing John Lewis department store, which remains open throughout the development. The centerpiece of the development will be the iconic W Hotel, comprising up to 214 guest rooms and 20 suites. There will also be 150 new homes as well as Scotland’s first Everyman cinema. 

TFT at MIPIM for the 20th year

TFT will once again be out in force at MIPIM this year. David Mann, Alan Pemberton, Dan Henn and Paul Spaven will all be in attendance at Cannes and putting their best foot forward along the Croisette.

On the agenda for meetings this year will be Technical Due Diligence (TDD) and how we deliver objective advice to manage risk, inform the transaction process and establish the inherent worth of the property or portfolio on acquisitions in the UK and across Europe. We will also be discussing Project Management, combining the discipline of project management with a thorough understanding of building construction; helping investors, lenders, developers, owners and occupiers achieve best value from their property assets. Get in touch if you would like to meet up.

Greenwich Regeneration meets with Royal approval

TFT Project Management has led the regeneration of Greenwich Town Centre on behalf of Greenwich Hospital. This includes the restoration of Greenwich Market and the site was recently visited by HRH Prince Andrew, who spent time touring the market and meeting the extensive team involved in the works.

TFT’s key team, Dan Henn and Andy Ferrznolo, were introduced to Prince Andrew during his tour prior to the unveiling of a plaque commemorating the completion of the market’s restoration.

TFT at MIPIM, again. Project Management & TDD on the agenda.

This will be our 19th year at MIPIM and we suspect it is going to be a very busy one, given the state of the UK property market and continued inward investment from abroad.

This year, we will be updating the market on two key areas of our business:

Technical Due Diligence (TDD) – where we deliver objective advice essential to managing risk, informing the transaction and establishing the inherent worth of the property or portfolio. We support UK and inbound investors who wish to acquire commercial property in the UK and across Europe. This is an area where we have seen strong growth and we are ideally placed to provide local support, knowledge and insights ‘on the ground’.

Project Management, where we bring a tenacious yet objective approach to the role, combining the discipline of project management with Tuffin Ferraby Taylor’s (TFT) thorough understanding of how buildings are constructed. We bring a qualitative approach to the development as well as milestone-based delivery. Our advice to investors, lenders, developers, owners and occupiers helps them achieve best value from their property assets. Developers may wish to discuss how TFT adds value to refurbishment, extension and new build schemes.

Alan Pemberton, Paul Spaven, David Mann and Dan Henn will be attending. Get in touch if you would like meet up.