This week鈥檚 energy special continues in the legal pages, and to kick us off we have a severe weather warning from 好色先生TV鈥檚 answer to Michael Fish
What are your plans for energy use on site this winter? My crystal ball tells me that you should plan for a 鈥渃older than average winter鈥. Actually the Met office told me. The flag it flies on the left hand corner of its skyscraper is coloured amber. The Met calls it the 鈥渢raffic light鈥. Green for mild, amber for watch-out and red for freezing. The energy industry has been warned that sudden demand is likely. We鈥檝e had so many mild winters since 1995/96 that we鈥檝e come to accept them as the norm.
So what are you contractors doing to prepare for the big chill? Oh, said one busy builder, 鈥淚 shall apply for an extension of time under the contract.鈥 He meant it, as well.
The JCT contracts say that if the progress of the works is being, or is likely to be, delayed by 鈥渆xceptionally adverse weather conditions鈥 you are in the running for an extension of time. There is the well known proviso: that the contractor shall constantly use their best endeavours to prevent delay to the progress of the works however caused 鈥 and since the Met office has warned you of an amber winter, you might consider what plan you should draw up for colder than average winter working. 鈥淏est endeavours鈥 may easily include programming sequence of works to account for the forecast winter. It may easily include planning your winter fuel resource now, planning temporary heating now instead of on the morning of the cold snap.
The ODPM reminds designers and builders that the drive to make buildings energy efficient has been speeded up. Apparently, the energy performance buildings directive is to be implemented from April, two years ahead of schedule. All new homes are to be better insulated and have more efficient heating systems. These are the changes to the parts F and L of the 好色先生TV Regs, that is, ventilation and energy use. Oh, and add to that, the need to put air pressure testing of buildings on your monitoring list. I confess I haven鈥檛 a clue what that entails but it seems a real candidate to cause a last minute row in trying to prise a certificate of practical completion out of the architect鈥檚 hands. The idea is to cut fuel bills by up to 40% for new homes. The drive includes a nationally recognised qualification for surveyors. I鈥檓 booking my place.
As the Met office has warned you of an amber winter you might consider what energy use plan you should draw up
Apparently the energy measures will save 100 million tonnes of carbon a year by 2010. To do this, existing buildings must replace defunct boilers with energy-efficient devices. When windows are replaced, they must be replaced with energy efficient options. Then there is the Decent Homes programme, which is all about refurbishment of social and rented housing. By the way, that programme is going well; disputes are already on the up and up. Those Part L regs will be implemented in housing stock by incentives, voluntary initiatives and home information packs. Well done the ODPM.
Another reason to pat the government on the back is its willingness to put money into scientific research, including generating sustainable energy. Kickstart funds went to Lancaster University for its 拢25m environment centre and to the University of Central Lancashire for its 拢10m Darwin building. Did you know, by the way, that the University of Central Lancashire runs a dispute resolution workshop focusing on construction contract disputes?
Finally, have you got a bee in your bonnet about renewable fuels, carbon dioxide emissions and radioactive waste products? Pick up the phone in your domestic or business capacity to find out how green your electricity supplier is. Something called the electricity liberalisation directive now obliges these folk to disclose the percentage of electricity they supply that has been generated using coal, gas, nuclear, renewable or other fuels, along with breakdown of Co2 emissions and radioactive waste. The law says that your consumer fuel bill will, at least once a year, have all this on a supplier energy disclosure label. Then if you are so minded you can swap your supplier to a competitor that more suits what you think the supplier should be up to. The only thing is, I don鈥檛 really have the energy to do all that. 鈥
Postscript
Tony Bingham is a barrister and arbitrator
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