ACA Publishes new TAC-1 Term Alliance Contract
TAC-1 is a versatile standard form term alliance contract which supports and integrates the provision of any type or scale of works and/or services and/or supplies.The TAC-1 “Term Alliance Contract”:
TAC-1 sets out:
A multi-party structure of “Alliance Members” including the “Client”, the “Provider”, an in-house or external “Alliance Manager” and any other Alliance Members (clauses 1 and 3 and Appendix 2;
Why the term alliance is being created, stating agreed “Objectives, Success Measures, Targets and Incentives” (clause 2 and Schedule 1);
Mobilisation and handover procedures and improved engagement with Stakeholders (clauses 1.11, 5.1 and 14.9);
A clear “Order Procedure” for simple or complex “Orders”, supported by “Template Order Documents”(clauses 4, 5 and 7, Schedule 4 and Appendix 3);
What the Alliance Members will do to seek “Improved Value”, working together through “Supply Chain Collaboration” and other agreed “Alliance Activities” in accordance with an agreed “Timetable”(clause 6 and Schedule 2)
How the Alliance Members will manage risks and avoid disputes using a shared “Risk Register”, “Core Group” governance,”Early Warning” and alternative dispute resolution (clauses 1, 9 and 15 and Schedule 3);
Flexibility to include particular “Legal Requirements” and “Special Terms” for any sector in any jurisdiction (clause 13 and Schedule 6).
TAC-1 is based on:
The successful TPC2005 Term Partnering Contact;
The FAC-1 Framework alliance Contract;
Lessons learned from analysis of successful term alliances
For more information visit www.allianceforms.co.uk]]>
ACA Fee Scales Survey
The ACA is still looking to issue an update to the traditional Scale Fee chart to provide a simple and realistic benchmark for percentage fees. The starting point is how many hours are actually consumed in a practice providing a proper service in relation to the size of the job. As the ACA could never be considered a monopoly, there cannot be any government objections to this as mooted to the RIBA version. In practice, the ACA feels that a recommended fee scale can be extremely useful because it is rarely clear at the beginning of a project, just how much work may be needed over the 2, 3 or more years it often takes to realize a building, particularly for new or inexperienced architects. Clients will naturally try to underestimate the effort which may ultimately be involved whilst good architects investigate more aspects of a building which inevitably takes more time. Quality requires time and resources. The purpose of this survey is to assess the time that a good service has actually taken real architects in the past decade and from this try to prepare a contemporary recommended fee scale to reflect contemporary staff wages with standard overheads and profit margins.
Please fill out and return the attached ACA Fee Scales Survey FORM 2016 with a selection of projects since 2000 which you feel took a reasonable amount of time to give a good professional result so that we have a reliable database on which to assess fees.
We would like your opinion on the RIBA Plan of Work and how useful you are finding it. Please take our short, quick survey which you can find at: https://eSurv.org?s=MKHJNO_86139707
FAC-1 is the first standard form of Framework Alliance Contract and follows consultation with 120 engineering and construction clients, consultants and contractors. FAC-1 covers processes and relationships not dealt with in any existing standard form. It is a multi-party over-arching agreement between any number of framework alliance members, providing a clear basis for:
• award of individual contracts forming part of an agreed framework programme;
• common alliance objectives, success measures , targets and incentives;
• a timetable for stages in the framework programme and shared alliance activities;
• joint commitment of alliance members to work beyond the scope of individual project contracts in seeking to achieve improved value.
FAC-1 is designed for use with any underlying contract form. It is based on successful frameworks and alliances and is compatible with NEC3 as well as with ICC, JCT, PPC and FIDIC forms. It is also suitable for alliances that integrate professional services and supplies, and can be used with any form of consultant appointment or supply chain agreement.
“This revolutionises the value of frameworks – and keeps them alive throughout the term. This is the means to align relationships and focus attention collectively in meeting new challenges and rising expectations. I see fantastic potential for insight, value and benefit from such an alliance” – Antony Silk, Director of Procurement, AmicusHorizon
“Evolution and innovation are key to a dynamic construction industry. The new Framework Alliance Contracts combine both and provide an approach to the delivery of infrastructure projects which can be accommodated within and benefit any client’s procurement strategy ” –Dr Nelson Ogunshakin OBE, Chief Executive, Association for Consultancy and Engineering
“I personally value the brevity and logic of the language as well as of course the partnership based approach” – James Dickinson, Head of Legal, British Gas Business Services
“It is wonderfully concise – I look forward to seeing the new form in action” – Paul Greenwood, MD Greenwood Consultants, Accredited BS11000 Collaborative Business Relationships Facilitator
“I like the style which is easy to read. I also like the concept of the Framework Alliance Contract which draws the parties together” – David Ferroussat, Infrastructure Procurement Director, Heathrow Airport
“I like the idea of a standard Framework Alliance Contract, especially one that can also be used with other forms of contract” – Gareth Stephens, Associate Commercial Director-Construction Division, Mulalley and Company
“This is a thoroughly modern contract that reads well and is easy to follow” –Francis Ho, Head of Construction, Olswang solicitors
“Integrated team work is at the heart of both successful projects and longer term arrangements. FAC-1 succinctly creates structures for long term collaboration through its use of core groups and alliance managers. It promotes efficiencies and therefore success through its commitment to shared practices amongst framework members” – Nigel Blundell, Partner, Pinsent Masons solicitors
“The Alliance Contract seems to me a model of clarity” – Lindsay Henshaw, Associate Fellow, Contract Management course leader, MSc in Major Programme Management, Said Business School, University of Oxford
“We see the new Alliance Contracts as a logical iteration following 15 years of partnering” – John Kiely, Director Housing and PublicSector, Savills
“The documents are easy to follow and understand with a clear thread running through them, even for a relative layman” – Jamie Staples, Business Development Manager, SouthernConstruction Framework
“This is a robust and valuable set of contract documents and I look forward to working with them in the near future” – Nigel Barr, Managing Director, Stradia
“Futures Housing Group has adopted the Framework Contract Alliance (FAC-1), which not only makes it easier for small businesses to bid for deals, it sets shared objectives for those on the framework. Alliance members are expected to work together to improve value, share information on suppliers, review and compare prices and tender or renegotiate subcontracts”- Supply Management magazine
“This is an excellent contract. It is a working tool rather than something you sign at the start and forget about unless there is a problem” – Jason Russell, Assistant Director of Highways and Transport, Surrey CountyCouncil
“The FAC-1 system of Supply Chain Collaboration has already delivered major benefits – it makes an important contribution to the success of alliancing” –Assad Maqbool, Trowers & Hamlins solicitors
“The development of the Framework Alliance Contract is a most welcome initiative” – Ellis Baker, Head of Construction and Engineering, London, White & Case solicitors
Venue: Devonport House, King William Walk, London SE10 9JW
ACA/SPACES/ PPCUG/ King’s College £155 + VAT
Half Day Delegate £80 + VAT
Networking Dinner £50 + VAT
Client/Public Sector £55 + VAT
The Alliance Steering Group’s 2016 conference will be challenging the power of alliancing in infrastructure, housing and construction. With a keynote by BJ Cunningham, we will question construction practice through a series of workshops, plenary sessions and guided panel debates maximising opportunities for delegates to network at the event. Confirmed panelists include Tony Bingham, Mike Nevin, Darren Pace, Nick Sterling, Alan Long, Christine Townley and Neil Franklin.
This year we will be showcasing the powerful results alliancing can deliver in housing, construction and infrastructure projects.
An invigorating keynote on risk and brand management by entrepreneur, BJ Cunningham will kick start the conference followed by breakout sessions on:
• People, behaviour and culture in delivering successful projects,
• Skills and training to bring the right people into construction and infrastructure,
• Analysing the impact and potential of the new FAC-1 Framework Alliance Contract;
• Case studies of alliancing in action including housing projects at the Royal Borough of Kingston, Dacorum Borough Council and the Ministry of Justice for the Hillsborough enquiry court rooms.
We will be introducing our ground breaking and innovative FAC-1 Framework Alliance Contract at the event letting you learn how to procure successful alliances.
This is a conference for clients, advisers, consultants and contractors including SMEs. Our combination of keynote sessions with interactive breakout sessions will ensure you get the maximum from the event whilst enabling you to engage with speakers and to network with colleagues.
The conference will be followed by a networking dinner in the convivial setting of Devonport House, Greenwich.
09.30 Welcome Shane Hughes, Chairman, Alliance Steering Group
09.40 Keynote, BJ Cunningham: “Risk and Reward: The Challenge for Effective Construction”
10.40 Refreshments and networking in the sponsorship hall
11.00 Workshops: Choice of 1 from “Decoding the DNA” , “FAC-1” and “Alliancing Contracts”
12.10 Panel Session: “SKILLS” chaired by Tyron Stalberg, Osborne with Neil Franklin and Christine Townley
13 .10 Lunch and networking
14. 00 Workshops: Choice of 1 from “Decoding the DNA” , “FAC-1” and “Alliancing Contracts”
15.10 Workshops: Choice of 1 from “Decoding the DNA” , “FAC-1” and “Alliancing Contracts”
16.10 Refreshments and networking
16.30 Panel Session: “THE POWER OF ALLIANCING” chaired by Jason Russell, Surrey Council with Tony Bingham, Mike Nevin, Nick Sterling, Dean Wincott and Alan Long
17.10 Summing up and conclusions
18.30 Drinks Reception
19.00 Networking Dinner
Dress code: Smart Business or Suits
BJ is a successful entrepreneur and acknowledged thought leader in the field of branding, brand marketing and communications. He has an MA in 3-Dimensional design and a BA Economics and Social History starting his first enterprise importing cars. This stopped abruptly when the market collapsed and he lost everything except his overdraft.
He created DEATH™ Cigarettes which threatened to overturn the tobacco industry and truly open up Europe for the consumer, including the EU Court of Justice where, up against the combined might of the tobacco industry and every Member State of Europe, he lost his case. He will challenge you to re-examine the truth and your brand.
Neil Franklin – National Skills Agency Rail and Christine Townley – Construction Youth Trust will give an overview of the work they carry out in the sector whilst considering the challenges of attracting the right skills into the sector. The impact of Government policy, Brexit, skills shortages and natural challenges will be discussed in order to future proof the sector for the next generation?
Jason will close the day with a panel discussion on what the power of alliancing really is. Drawing from the wealth of experience of sector leading panellists including Mike Nevin – Alliance Strategic Consulting, Tony Bingham – Barrister and raconteur, Nick Sterling - MD of Osborne, Dean Wincott – Commercial Director of Langley and Alan Long – Executive Director of Mears.
This workshop is designed to decode the DNA of collaborative structures by exploring the building blocks that shape collaborative success. The format of the workshop includes a presentation on KPMG’s ‘Collaborative Delivery System’ where the levers to a successful collaborative environment and culture are explored. This is followed by interactive sessions with delegates to compare and contrast ‘perception’ and ‘reality’ determining which areas really deliver collaborative benefits. Delegates will have the opportunity to share their collaborative experiences in this forum and to contribute to building a picture of collaborative action across a variety of sectors and projects.
An in depth exploration of the new FAC-1 contract highlighting methods to create effective frameworks with like-minded teams, whilst improving value and working effectively with the supply chain. Case studies from Futures Housing Group, the first adopters of the FAC-1 contract and pragmatic legal opinion from Trowers & Hamlins will help you learn why this new contract is becoming the contract of our time.
Shane will guide you through a selection of case studies from successful Alliancing Contracts highlighting the pitfalls and positives learned from the MoJ Hillsborough enquiry court led by Kevin Murray to Royal Borough of Kingston Council/ Dacorum’s new homes framework.
If you need help with accommodation, please contact us for information.
Conference Fees / Dinner Fees ACA, PPC/TPC User Group, SPACES Members: £155.00 + VAT Full Day Conference Fees / £55.00 + VAT Dinner Fees
Conference Fees / Dinner Fees Non Member: £195.00 + VAT Full Day Conference Fees / £75.00 + VAT Dinner Fees
Public Sector / Client Rate: £55 + VAT Full Day Conference Fees /£55.00 + VAT Dinner Fees
Group Booking Discounts : Buy 3 get 1 free Does not apply to Public Sector / Client Rate
For full information visit: www.allianceforms.co.uk/conference
Join the ACA at London Build (October 26th & 27th, Olympia). The leading construction expo focusing exclusively on construction projects and opportunities in London and the South of England. London Build is attended by thousands of ‘movers & shakers’ in the UK’s construction industry from: contractors, developers, government, architects, local councils, property developers, suppliers, solution providers and more.
ACA members will be acting as moderators and chairs at various event during the technical sessions. See the full agenda in the Architect Hub so join our new President Brian Waters, ACA Council Member Jonathan Louth and ACA Member Keith Williams during various moderated sessions.
The ACA will also be running two dedicated sessions. These will be at 11 – 12 on each day with sessions to include Planning, Alliance Contracts, the New Towergate PII scheme and the launch of the new Architect Design Management Contract.
To register for your free ticket follow the following link: https://www.eiseverywhere.com/ereg/newreg.php?eventid=134458&
We look forward to meeting you at London Build.
|Date & Time:||October 18, 2016 8:00 am|
|Venue:||Berwin Leighton Paisner LLP,|
Sherin Aminossehe, Chief Operating Officer, Head of Government Property Profession, Government Property Unit
Simon Allan Real Estate Partner, Berwin Leighton Paisner
Adam Dakin, Joint Managing Director, Telereal Trillium
Registration and breakfast are from 8.00 am, and the talk will begin at 8.30 am.
The Private View in Ely Cathedral is at 6.30pm on Friday 23rd September. If you would like to receive an invitation please email us for further information
Futures Housing Group have signed up the first FAC-1 Framework Alliance Contract , creating a multi-party alliance between 5 clients and over 20 local and regional contractors. Launched at Donington Park on 21 July and covering a £40 million programme of work, FAC-1 will enable the alliance to share suppliers, improve cash-flow and enhance local training and employment.
To learn more about FAC-1 visit www.allianceforms.co.uk