Construction World February 2019

ensure that they too thrived in the same manner as M&D Construction Group, despite an increasingly ‘tough’ operating environment. He reassured the company’s clients that M&D Construction Group remained committed to the highest possible quality standards. “This will be achieved by continuing our focus on only working with the best subcontractors and suppliers, while employing and retaining world-class skills in the construction industry. Our focus on quality is also dependent upon ongoing investment into mentoring, as well as skills development and training. This is in addition to ongoing investment into internal systems that ensure accountability and the ability to identify the root cause of problems. These have enabled M&D Construction Group to constantly benchmark and improve on existing performances,” Raghubir concludes . 

M&D Construction Group recently celebrated its 35 th anniversary at an event that was attended by the company’s many clients, supply-chain partners and employees.

company’s extensive experience in the water industry which, Raghubir said, was also increasingly exploring the viability and applicability of decentralised infrastructure that will be operated by

independent service providers – another immense opportunity for a specialist in the field. Certainly, the company would also continue acting as a ‘big brother’ to emerging contractors to

How to deal with CONFLICT OF INTEREST IN SITE CLAIMS Disputes and consequent claims on building sites are nothing new, and resolving such situations invariable calls for time, patience and skills. But the problem is sometimes exacerbated when a conflict of interest unexpectedly crops up as the culprit, says Uwe Putlitz, CEO of the Joint Building Contracts Committee (JBCC).

J BCC is a non-profit company that represents building owners and developers, professional consultants, and general and specialist contractors who all provide input for the compilation of JBCC agreements (contracts) that portray the consensus view of the committee’s constituent members. Putlitz says difficulties may arise when a project’s team leader must deal with a claim from the contractor for additional costs and/or an extended construction period – and then finds that the cause for the claim is non- performance or incompetence from an individual employed by his very own firm. “It could actually be far worse: not only could the culprit be working for the same firm of consultants, he or she could

even be the principal agent or the project manager.” Putlitz says in such case only

unknown writer remarked ‘contracts are there to allocate blame’. Indeed, standard forms of construction contract have been drafted to be ‘just’ and ‘fair’ to both parties – but to achieve this, the provisions of the clauses dealing with execution criteria within stipulated time periods and along agreed procedures must be followed,” he adds. Putlitz says because the causes of conflict on building sites are so varied it is essential that the client at the outset determines an effective communication strategy involving all project participants throughout the design and construction phases, together with the delegated levels of authority of team members. “This procedure would simplify the avenues to follow when disputes of any type arise,” he advises . 

two solutions are available: • The principal agent must

immediately notify his or her company’s professional indemnity insurer and then collectively also the client to make a fair determination of the claim in consultation with the insurer - and accept responsibility for the costs thereof; or • Appoint another agent to deal with the claim in question – and immediately notify his or her professional indemnity insurer to resolve the degree of liability and costs thereof. “Sweeping the issue under the proverbial carpet is definitely not a solution. An

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CONSTRUCTION WORLD FEBRUARY 2019