AGS Magazine - December 2019 / January 2020

December 2019 / January 2020

SEASON’S GREETINGS FROM THE AGS As 2019 draws to a close and 2020 approaches, we wish all of our readers an enjoyable festive period and a prosperous New Year

AGS SAFETY IN MIND CONFERENCE

MINDFULNESS AND MEDITATION

COLLATERAL WARRANTIES: RELIANCE & LIABILITIES

A review of the recent conference delivered at the end of November 2019

The Healthy Employee provide information on the benefits

Zita Mansi of Beale & Co provides an insight into collateral warranties

ABOUT THE AGS

Chair’s Foreword 2019 has been a strong year for the AGS despite some uncertainty within the market caused by the unknowns and delays surrounding Brexit and acquisitions and mergers affecting the members.

Despite this the association has had a significant number of membership applications this year with 10 new members being approved by the Membership Panel and 9 new Student Members. The membership fee structure was simplified at the start of the year to reduce administration time and also to allow easier monitoring against some of our new Marketing Plan targets.

Despite the restructuring, the overall outcome saw only a modest increase in membership fees which still keeps AGS membership competitive and very good value for money compared to other membership body organisations.

This year AGS members have benefitted from two excellent seminars, Commercial Risk and Safety, which both were technically and commercially successful as well as providing excellent opportunities for networking. The Annual Conference (previously Member’s Day) saw over 200 delegates attend and many attended for free as part of their membership package.

Sponsorship has sold out at all events which seems to endorse the quality of these events.

The Working Groups have all worked very hard throughout the year and each group has a set of objectives which should lead to some useful guidance and information being produced and provided to the members next year.

A number of initiatives have been started in 2019 which will run through 2020 and many of these are collaborations with other organisations such as SiLC, FPS, Ground Forum & BDA. The JIWG

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Buried Services Group (FPS/AGS/ BDA) is looking to produce cross sector guidance for reducing damage to buried services, promoting PAS 128 surveys, standardising reporting of strikes and near misses as well as inputting to the PAS 128 revision.

The JIWG Procurement of Ground Investigation, led by AGS, is looking at producing NEC 4 guidance for procuring GIs, a Third Revision of the ‘Yellow Book’ and guidance on new procurement methods and where geotechnical work may in the future fit in to these. The Contaminated Land Working Group continues to work with SiLC, CIRIA, CL:AIRE and SoBRA to ensure the members are kept informed and industry practice is reflected in any new documents or guidance. The AGS also continues to assist with the development and production of British, European and International Standards and most UK Experts on the committees are from AGS members.

The outlook for 2020 is extremely positive and the AGS looks forward to welcoming new members and for more individuals in the geotechnical community becoming active AGS members and making a difference where they feel able.

We are always on the lookout for additional, informative content for the magazine, so if you have a case study or technical article that you think the wider geotechnical and geoenvironmental public would find beneficial, please do get in touch.

We would be interested in your feedback on the magazine and our future plans. Please contact ags@ ags.org.uk if you have any comments.

The Association of Geotechnical and Geoenvironmental Specialists (AGS) is a nonprofit making trade association established to improve the profile and quality of geotechnical and geoenvironmental engineering.

The membership comprises of UK organisations and individuals having a common interest in the business of ground investigation, geotechnics, geoenvironmental engineering, engineering geology, geochemistry, hydrogeology, and other related disciplines.

EDITORIAL BOARD Julian Lovell, AGS Chair Ciaran Jennings, Forum Court Associates Katie Kennedy, Forum Court Associates Calum Spires, Equipe Group Neil Parry, GEL

EDITORIAL STORY If you have a news story or event which you’d like to tell our editorial team about, please contact the AGS on 020 8658 8212 or ags@ags.org.uk. Please note that articles should act as opinion pieces and not directly advertise a company. The AGS is under no obligation to feature articles and events received.

CONTACT US Association of Geotechnical & Geoenvironmental Specialists Forum Court, Office 205 Devonshire House Business Centre, 29-31 Elmfield Road Bromley, Kent, BR1 1LT

 ags@ags.org.uk

Julian Lovell AGS Chair

 020 8658 8212  Association of Geotechnical & Geoenvironmental Specialists  @agsgeotech www.ags.org.uk

Inside this month’s issue

FEATURE PAGE 6



AGS Safety in Mind Conference Review

FEATURE PAGE 10  The Healthy Employee provide some insight into the value of mindfulness and meditation.

The AGS Safety in Mind Conference was held on 21st November 2019 at the National Motorcycle Museum in Birmingham and sponsorship was provided

by Soils Limited, Structural Soils, Socotec, Soil Engineering, Equipe Group and Geotechnical Engineering. This is a full review of the event.

MORE INSIDE

New AGS Members in 2019 PAGE 4 

Confirmation of the companies joining the AGS ranks heading into 2020.

Zita Mansi of Beale & Co provides a closer look at reliance and limiting liabilities for collateral warranites.

The AGS Magazine conducts a Q & A with Geotechnical Engineering Ltd’s Neil Parry.



News in Short: Incl. Top 3 Publications

Collateral Warranties PAGE 14 

Q & A: Neil Parry PAGE 18 

PAGE 4

PAGE 22 

Standards Update November 2019

PAGE 24 

Events Incl. AGS Annual Conference

December 2019 / January 2020

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News in Short Soil Quality Limits for Buried Water Pipe It is common practise to use the guidance published by UKWIR, ref 10/WM/03/21 “Guidance for the selection of water supply pipes to be used in brownfield sites”. 2009-10, in assessing the potential risk to buried water pipes from soil contamination.

However, it should be noted that some water companies

have their own bespoke threshold concentrations, which take precedence over the UKWIR guidance. These may not be publicly available.

confirmation by the local water company.

Therefore, to mitigate the risk of inaccurate advice being provided, any guidance on selection of water pipes should be caveated as requiring a check and

New AGS Members in 2019 The AGS is pleased to announce that in 2019, nine member organisations, four affiliate organisations and one practitioner member were accepted by the Membership Panel and approved by the Executive.

Nine students and graduates were also accepted as AGS members.

The new member organisations are S M Associates, ACS Testing, Ecologia Environmental Solutions, Hixtra, Strata Geotechnics, RSK RAW, Curtins Consulting,

Article contributed by Jo Strange, Technical Director at CGL on behalf of AGS Loss Prevention Working Group

The Environmental Protection Group and Geotechnical Observations. The new affiliate organisations are Beale & Co, 1st Line Defence, Geosense and Landmark Information Group.

The new practitioner member is Ken Marsh.

AGS Membership is open to geotechnical and geoenvironmental companies who employ specialist who can provide competent services and affiliate companies who provide support services and supplies to the members. Students and Graduates can also become members of the AGS. Full details of membership criteria can be found at http://www.ags.org.uk/about/become-amember/

The top three AGS publications for Nov’ 2019 1. AGS Guide to Ground Investigation Reports 2. AGS Guide: The Selection of Geotechnical Soil Laboratory Testing 3. AGS Guide to Environmental Sampling To download the publications for free; click here.

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WITH WORLD CLASS GEOTECHNICAL TRAINING FROM EQUIPE Health and Safety Courses

Delivered in partnership with RPA Safety Services

IOSH Safe Supervision of Geotechnical Sites (3 Days) - £495 + VAT

Learn in detail how to keep yourself and your on-site operatives safe in the field

IOSH Avoiding Danger from Underground Services - £175 + VAT

In accordance with the requirements and guidance set out within HSG47

IOSH Working Safely (on Geotechnical Sites) - £175 + VAT

A foundation to site safety for all personnel involved in the drilling and geotechnical industry

Other Health and Safety Courses Delivered in partnership with EB Safety Soltuions & RPA Safety Services

MARGI - Managing & working with Asbestos Risk in Ground Investigation - £225 + VAT

Comprehensive guidance to deal with asbestos in a GI environment, including CAR 2012

Geoenvironmental Courses Delivered in partnership with Land Quality Management

Introduction to Contaminated Land - £250 + VAT

An introduction to contaminated land for those involved in ground investigations and geotechnical work

Sampling and Scheduling for Geoenvironmental Testing - £250 + VAT

Forming good practice and completing appropriate geoenvironmental testing schedules

Geotechnical Courses

Soil Description Workshop - £275 + VAT

Delivered by UK's leading Soil & Rock Description expert - Prof. David Norbury

Rock Description Workshop - £275 + VAT

Delivered by UK's leading Soil & Rock Description expert - Prof. David Norbury

Geotechnical Foundation Design - £250 + VAT

Comprehensive overview for geotechnical practitioners and engineers

Slope Stability Design - £250 + VAT

Comprehensive overview for geotechnical practitioners and engineers

December 2019 / January 2020

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AGS Safety in Mind Conference - Review

T

he AGS Safety in Mind Conference was held on 21st November 2019 at the National Motorcycle Museum in Birmingham and sponsorship was provided

by Soils Limited, Structural Soils, Socotec, Soil Engineering, Equipe Group and Geotechnical Engineering. The event was well attended with plenty of networking opportunities throughout the course of the day.

The conference was chaired by Adam Latimer (Ian Farmer Associates and AGS Safety Working Group Leader), who opened the conference.

Due to unforeseen circumstances, John Gulley (Highways England) was unable to present the keynote presentation, so Steve Everton

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(Jacobs) started the day discussing the subject of trial pitting, in respect to the working at height regulations. Steve also gave an overview of the responses which were received from the trial pitting questionnaire circulated to AGS members, which will be further summarised in a future magazine article in early 2020.

Following a refreshment break, Karen Puttick (The Healthy Employee) spoke on how applying mindfulness to the workplace has benefits in terms of stress management, improved health and greater focus. The attendees, then took part in a 10-minute demonstration of the mindfulness and meditation process.

Jeremy Mitchell (Callidus) continued on the topic of stress looking at stress awareness,

explaining there are different elements which can cause stress, including demand, role, relationships, support, control and change. There are different ways to help management of stress including using the current management standards, through stress risk assessments and HSE’ s – “Competency Indicator Tool” for Managers.

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The attendees also had the opportunity to attend two workshops throughout the day, the first of which was chaired by Roseanna Bloxham (RSK Environment) who used Lego to demonstrate management of site operations and general site health and safety awareness.

The attendees also had the opportunity to attend two workshops throughout the day, the first of which was chaired by Roseanna Bloxham (RSK Environment) who used Lego to demonstrate management of site operations and general site health and safety awareness.

After lunch and further networking, Matt Hazelton gave an emotive and inspiring talk,

discussing the workplace accident that has affected his life forever and the effects on his mental health. Matt discussed the accident itself, the continued hassle from the media and eventually the court case which followed.

Gerwyn Leigh (RSK Geophysics and SafeGround) looked at the principles of using geophysics for service avoidance, discussing PAS 128 and discussing case studies where geophysics has been used to map and identified buried assets.

Harold Floyd (Pristine Condition) presented on a new tool in manual handling and provided a practical demonstration on manual handling to the attendees.

The second workshop of the day was held by

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Quentin Emery (OCAID), who, following short video clips showing unsafe elements in the workplace, asked the attendees to think about how they would have effective safety conversations through role play exercises.

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All attendees were given strong messages throughout the day on some key health and safety topics, either raising or reinforcing awareness.

The final talk of the day was provided by Richard Voke (Temple Bright LLP), who discussed whether organisations can withstand the challenges of an HSE investigation. Richard gave a brief guide

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on how good systems and procedures can prevent accidents and ultimately avoid prosecution.

All attendees were given strong messages throughout the day on some key health and safety topics, either raising or reinforcing awareness.

Presentations from the Conference with approval from speakers can be viewed on the AGS website.

EVERYTHING YOU NEED FOR SLOPE STABILITY

THE ROCSCIENCE SLOPE STABILITY SUITE

Slide2

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RS2

RS3

RocFall

RocTopple

RocPlane

SWedge

To learn more and find out about our upcoming 2020 UK workshops, visit rocscience.com

Geotechnical tools, inspired by you.

December 2019 / January 2020

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Mindfulness & Meditation

A

pplying mindfulness to the workplace has benefits in terms of stress management, improved health and greater focus.

skills to manage mental health and support wellbeing.

Mindfulness and mental health

Mindfulness meditation has been shown to affect how the brain works and even its structure. People undertaking mindfulness training have shown increased activity in the area of the brain associated with positive emotion – the pre-frontal cortex – which is generally less active in people who are depressed.2

Mindfulness is recommended as a treatment for people with mental ill-health as well as those who want to improve their mental health and wellbeing.

There are also different sorts of mindfulness meditation which can help people in different ways. Evidence shows compelling support for Mindfulness Based Stress Reduction (MBSR), which helps people to cope with stress, and for Mindfulness Based Cognitive Therapy (MBCT), which is designed to help people with recurring depression. They provide a flexible set of

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The evidence for mindfulness

Many studies have shown changes in brain wave activity during meditation and researchers have found that areas of the brain linked to emotional regulation are larger in people who have meditated regularly for five years or more.3 The evidence for different

Mindfulness brings the present moment to the forefront, enabling you to positively change your perception, thoughts and feelings about yourself and your life.

What are the benefits?

Mindfulness enables you to enjoy both yourself and your surroundings. By being more aware of the present moment and the impact this has on you, you can establish a positive thought pattern.

Focusing on your internal dialogue will help you to understand a pattern of thought, enabling you to gradually train yourself to recognise when these become unhelpful and destructive.

Mindfulness gives you the opportunity to step back from your thought pattern and recognise that it doesn’t control you and can be altered in whichever way you wish.

This recognition will enable you to highlight signs of anxiety and stress perhaps before you normally would. Determining these signs more promptly will help you to combat them in their earlier stages.

types of mindfulness is promising and research has grown in recent years. Source: Mentalhealth.org.uk

In short, mindfulness could help you:

What is mindfulness?

•

Become more self-aware

Being aware of what is going on inside and outside of yourself, moment by moment.

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Reduce stress and anxiety

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Feel more in control of your thoughts and feelings

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Establish stronger coping strategies towards unhelpful thoughts and feelings

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To be kinder to yourself

We frequently live internally, forgetting about the world around us and how our bodies respond to it. We often get wrapped up in our own thoughts, and are unaware of how our thoughts and emotions reflect on our physical body.

Mindfulness puts each of your senses into practice – smells, sounds, sights, tastes, and focuses these senses on the present moment and surroundings.

How to practice mindfulness Become more aware of each of your senses in order to switch off the ‘auto pilot’ thought processes. Pay attention to your thoughts, feelings, body and how you react to the world

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around you.

Notice the everyday – The sound of your feet hitting the pavement, the feel of your hands on your knife and fork or the shapes of the clouds.

Paying attention to the things you encounter everyday will bring a new and brighter perspective on life.

Keep it habitual – Dedicate a certain time to being mindful. Try to keep this uniform each day as becoming mindful takes practice. This could be a bath before bed, or a walk to work for example.

be practiced within normal daily life, but it can also be helpful to dedicate some time to establish more formal mindful practice in the form of mindful meditation.

The word “meditation” is something you could think of as a big umbrella word. Rather like “sport” it covers a whole host of different styles, activities and methods.

It is something which anyone can do and enjoy when you find a method which suits you.

Things you need, to gain the most benefit from meditation and mindfulness:

Try something new – We are all creatures 1.

Focus of habit, so stepping out 2. Relaxation from the norm can help to We are all 3. Self-acceptance and establish a new and fresh creatures of habit, patience perspective. This can be so stepping out from something simple like sitting 1. Focus the norm can help to on a different seat on your • Keep your mind engaged establish a new and commute to work, or running in your meditation a different route for your jog. fresh perspective.

• As soon as you are aware Recognise your thoughts – of wandering thoughts bring Some people have a very busy and vocal yourself back to focus inner dialogue. This can become intrusive and • When a thought crosses your mind in often go unnoticed. But paying attention to meditation, acknowledge it but don’t it will enable you to make positive changes. start a conversation with it! Let it go now and allow it to come back later or Mindfulness isn’t about quashing your usual file the thought away for later action thought pattern, but instead questioning it. Are those thoughts useful? Are they causing you • Allow yourself to just say “I don’t know!” if you start to question yourself harm? Embrace your thoughts, acknowledge them, and try to release them as easily as • Tighten and relax each muscle group they arrived. Exercise can often help to quiet a from top to bottom worried and busy mind.

• Focus on what you see, hear, smell,

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Free yourself from the past and future – The beauty of mindfulness is that it can be practiced anywhere. It can be helpful to acknowledge that you may have been confined by past problems, or occupied by future worries.

taste and feel moment by moment

•

Return to focus

2. Relaxation •

Allow yourself to be relaxed when you start to meditate

Mindfulness Techniques

•

Allow the meditation to enhance those feelings

We have discussed that mindfulness can

•

Close your eyes and place your hands

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flat on your solar plexus •

Calm on each outbreath

•

Imagine breathing in relaxing coloured air - you can also breath out unwanted feelings with a relevant colour to you.

•

Engage all your senses and imagine: sights, sounds, smells, temperature and touch

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Guide yourself through an imaginary journey to a place where you can relax and enjoy feeling safe and calm

Ask yourself:

Laugh your troubles away

• •

•

Make a little cave in your hands

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Put your troubles inside

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Take a peek and laugh them away

Am I physically comfortable?

If using music – is the volume right for me?

Also check you are mentally comfortable: • • •

Do I feel safe?

Am I comfortable that I won’t be disturbed?

Have I allowed time? (Set an alarm!)

3. Acceptance and Patience •

Don’t worry about whether you are doing it the “right” way. The way you are doing it is right for you right now!

•

Do not try too hard

•

Accept that thoughts will enter your mind and distractions will occur and simply return to the meditation each time your mind wanders without giving yourself a hard time

•

Practice will make it easier and more effective - the more you do it the better you get

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Return to focus

Seated meditation •

Be awake, conscious, engaged, calm and relaxed

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Sit upright and be comfortable

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Use your chosen hand position

Breath counting meditation •

Close your eyes and allow yourself to relax

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Start to focus on your breath, then begin to count the out breaths

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If you lose count because you have become distracted, start again

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Do this to start with for up to 50 natural breaths then build it up as you like

When you have practiced you will get a feel for what you enjoy and what works for you, so you can create your own style of meditation.

Helpful Meditation Techniques Guided Visualisation •

Start by relaxing your body

Article contributed by The Healthy Employee Ltd

December 2019 / January 2020

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Collateral Warranties Reliance and Limiting Liability

I

1. The contract should expressly prohibit t is common in construction projects assignment. It should also exclude third for contractors, sub-contractors and party rights under the Contracts (Rights consultants to be asked to provide of Third Parties) Act 1999. Whilst most collateral warranties and/or letters of standard construction contracts will reliance/assignments to parties other than include such a restriction, it is always the main client. In this article we consider the sensible to double check that it is there. scope of such liability to third parties and, also, the extent to which it 2. Include a cap on liability can be limited in contractual ... when – this is acceptable, so long documentation. drafting terms of as it satisfies the criteria of appointment, care ‘reasonableness’ under the The ability to limit your Unfair Contract Terms Act liability to third parties should be taken to 1997. It should be in respect will often mirror or be ensure your liability is dependent on the extent as limited as possible. of “all such claims” as opposed to “each and every of any limitations of liability claim”. You should note that set out in the contract with the the level of professional indemnity cover original client. It follows that, when drafting you hold is not, in itself, a limit on your terms of appointment, care should be taken to liability. ensure your liability is as limited as possible. In particular: 3. Include a net contribution clause to protect

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you in circumstances where there are other parties who are also liable to the client. Such a clause ensures that you are not left responsible for the entire sum claimed, and that liability can be shared out between the various parties involved.

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Such a clause ensures that you are not left responsible for the entire sum claimed, and that liability can be shared out between the various parties involved.

4. Include an exclusion for indirect and consequential losses. This will ensure that you are not responsible for losses that are too far removed from the services provided.

to resist wording that requires a collateral warranty to be provided to “any party with an interest”. It is also prudent to agree a cap on the total number of collateral warranties the terms of appointment obliges you to provide, and the number of times those warranties can be assigned to others.

When agreeing the terms of a collateral warranty, you should take care to ensure that its obligations mirror, and do not go beyond, the terms of your main contract with the client. A collateral warranty will generally 5. Restrict the time limit for all claims to a include a “no greater duty” or “equivalent period of six years from the date of the rights of defence” clause, which confirms the delivery of services/a report. parties’ intention that the liability under the collateral warranty should be no greater than A carefully drafted appointment or contract, the duty you assumed under the main contract including the provisions referred to above, will with your client. This fundamental principle provide strong grounds on which to challenge was confirmed by the court in Swansea any third party claims that may later develop.

Stadium v City & County of Swansea [2019] and Collateral Warranties the Scottish Court of Session in British Overseas Bank Bearing in mind Breaches of contract can Nominees Ltd v Stewart the stand alone cause loss to many parties in Milne Group Ltd [2019]. If a a construction project. There status of a collateral collateral warranty is drafted is, however, usually no direct warranty, its content as a bespoke document, or if contractual link between should be considered a standard form is amended, you and third parties such as as closely as the terms care should be taken to project funders, purchasers of the original terms of ensure that the “no greater or future tenants. Collateral duty” wording is included. warranties create that appointment. otherwise non-existent link by Bearing in mind the stand creating a separate contract between you and alone status of a collateral warranty, its content the third party. should be considered as closely as the terms of the original terms of appointment. As such, Whilst it would, of course, always be preferable it should exclude third party rights in a similar to avoid providing collateral warranties, way to the main contract and should provide this often will not be possible. It is therefore for assignment only if prior consent is given. sensible when agreeing terms of appointment to limit the obligation to provide collateral You should also bear in mind the issue of warranties to only closely defined groups, such time-bar, or limitation, which has recently as the first purchaser or the first tenant and been considered by the courts in the cases

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of Swansea Stadium v City & County of Swansea [2019] and British Overseas Bank Nominees Ltd v Stewart Milne Group Ltd [2018]. In the Swansea case it was held that the limitation period ran from the date of the original building contract, not the date on which the collateral warranty was granted. This was reinforced by the Court of Session in British Overseas Bank.

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For the avoidance of any doubt, you may wish to ensure that there is an express clause included in the collateral warranty stating that no actions or proceedings shall be commenced after the expiry of six or twelve years (as appropriate) from the completion of the services provided. This is particularly important if the collateral warranty is provided some years after a project has been completed.

Reports and third parties Another area in relation to which liability to third parties may arise is the assignment of reports, originally prepared for the original client, to a third party (e.g. a developer purchasing the site from the original owner).

The question arises as to what extent that third party can rely on the content of your report. This issue was considered by the court in the case of BDW Trading Ltd v Integral Geotechnique (Wales) Ltd 2018. The judgment clarifies that any third party seeking to rely on your report will have to obtain a formal assignment “or other legal document” in order to do so. The court noted a significant distinction between “using” the report (in the sense of reading it and making decisions based on it) and “relying” on it in a legal sense. We reviewed the court’s decision in this case in

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LPA 68 to which you can refer for further detail as regards the background of the case.

LPA 68 can be downloaded here.

For the avoidance of any doubt, you may wish to ensure that there is an express clause included in the collateral warranty stating that no actions or proceedings shall be commenced after the expiry of six or twelve years (as appropriate) from the completion of the services provided.

The case is a good reminder of the commercial value of formal assignments of reports (or collateral warranties or letters of reliance) to third parties.

When negotiating such transactions, proper consideration should be given to the significant extra risk that is being created in terms of potential liabilities and suitable remuneration for the risk assumed should be sought.

In the event of a formal assignment, how can you minimise your exposure to future claims from the third party assignee? It would be advisable to have a standard agreement to assign readily to hand, as requests to assign are often urgently made. A standard agreement should be carefully thought out and should include the following terms: •

Any further assignment of the report is absolutely prohibited.

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No proceedings or action can be brought after 6 years from the date of the report (not the date of the assignment).

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The adequacy of your performance in preparing the report shall be assessed by reference to standards prevailing at the time the report was prepared and the terms of the original appointment, not by contemporaneous standards/terms.

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No liability will arise from any changes to site conditions since the report was prepared.

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An express financial cap on liability.

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An exclusion of liability for consequential losses.

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Confirmation that any claim by the assignee will be subject to (1) any right of set off that you may have against the client, such as an unpaid invoice and (2) any defence you may have against the client, such as a cap or other limitations on liability contained in the original contract.

Finally, you should avoid any suggestion that the report is to be treated as if it had been originally prepared for the assignee. For this reason, requests to change the name of the client referred to in the report should be firmly resisted.

Conclusion Whilst it is difficult to completely avoid potential liability to third parties involved in a construction project, recent case law suggests that the courts will be sympathetic to your position. The BDW Trading case confirms that a claim in respect of a report prepared for a client can be relied upon by a third party only where

there is a formal assignment. Also, limits of liability, net contribution clauses and exclusion clauses have all been enforced by the courts of late. It is therefore worthwhile ensuring, first, that the main contract with the client limits liability insofar as possible: this will involve standing firm as regards reasonable limits of liability and the inclusion of net contribution clauses. Thereafter, all collateral warranties/ assignments should echo, or enhance, those limitation of liability clauses.

Zita will be speaking at the half-day AGS Commercial Risks and How to Manage Them Conference which is taking place on Wednesday 22nd January 2020 at the Manchester Conference Centre in Manchester.

For further information on the conference and to book your place to attend, please visit the AGS website or email ags@ags.org.uk.

Article contributed by Zita Mansi Senior Associate Beale & Co

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Q & A with...

Neil Parry

BEng, MSc, CEng, MICE, CMIHT, SiLC

Job Title: Technical Director Company: Geotechnical Engineering Ltd Brief Biography: I’m a chartered Civil Engineer and SiLC with 32 years’ experience working for major contractors and consultants on many different projects including major infrastructure, military, demolition and remediation schemes, latterly in the ground investigation sector. I am a member of the AGS Loss Prevention Working Group, chaired the Contaminated Land Working Group between 2013 and 2017 and was chair of the AGS between 2017 and 2019. I am involved in the working groups revising the specification for ground investigation and developing an NEC type contract for GI work, I am also currently chair of Ground Forum.

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What or who inspired you to join the geotechnical industry?

site-based and design work I began my career working and quickly realised that this as a site engineer with was what I wanted to do for Alfred McAlpine and AE Farr the rest of my career. I was Limited in the late 1980s on lucky to work with several construction sites such as the knowledgeable and inspiring Avon Ring Road and building leaders who encouraged munitions igloos for the US me to progress within the Airforce. I was based at the geotechnical industry. When offices of Acer Freeman Fox I had the opportunity to study in Bristol, gaining design for an MSc in the relatively experience for my Civils new subject of environmental chartership when AE Farr geology/geoenvironmental went into receivership, a engineering I jumped at the victim of the severe downturn chance and undertook the in 1990. Despite being recourse on a part-time basis employed over three years.

by Amey I originally I really enjoyed Construction worked in bridge learning a I decided new subject design and on water that it was and was projects, but due to best for my encouraged my undergraduate young family by the people to leave civil specialism in soil I worked with engineering mechanics ended up to continue in contracting this sector. I in the geotechnical and take continue to engineering team. work on both up the offer of consultancy geotechnical work with Acer. I originally and geoenvironmental work. worked in bridge design and What does a typical day on water projects, but due to entail? my undergraduate specialism in soil mechanics ended up in As most people will say the geotechnical engineering there are rarely typical days team. I enjoyed the mix of

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Geotechnical Engineering Limited’s P60 Slope Climbing Drilling Rig

in ground investigation/ geotechnical engineering. If we have a major project that is about to start or I am visiting a site for the first time there is often a health and safety induction or briefing. The importance of health, safety and wellbeing is perhaps the most significant advancement in the industry that I have seen in the last 30 years and I am pleased to have seen this progress.

It is likely that I will attend a meeting, either internally, on AGS business or with one of our clients. Despite technical advancements allowing remote interaction I feel that the importance of face to face meetings cannot be overestimated and I believe that personal contact is a

significant aid to promoting collaborative working.

I may be involved in reviewing a contract or undertaking technical checks of test results, logs or reports, hopefully providing positive encouragement and advice. I may also be required to design the anchor system for one of our slope climbing rigs prior to it being deployed to a slope anywhere in the UK.

Are there any projects which you’re particularly proud to have been a part of?

I try to take pride in whatever project I’m involved in at the time, whether it is a £20,000 investigation for a housing project or on major GI works costing millions of pounds for

a large infrastructure scheme.

Some of the projects that come to mind however are working on the feasibility of scheme options for the A465 ‘Heads of the Valleys’ Road, which is currently under construction many years later. I also worked on the geotechnical design and supervised the GI for a £200 million indoor ski centre in Taiwan. I have been involved in several brownfield land schemes such as the gasworks remediation for the Thistle Centre in Scotland and the demolition/ remediation works for Bede Island in Leicester. Recently Geotechnical Engineering have undertaken work on several large infrastructure projects, which have been challenging and rewarding.

December 2019 / January 2020

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Gasworks remediation for extension of the Thistle Centre in Stirling

What are the most challenging aspects of your role?

Like most people working in our industry I have several different roles and responsibilities, both within Geotechnical Engineering and the AGS. I am passionate about promoting the value of technical skills and it is disappointing when these are dismissed or marginalised reducing the benefit of the work we do. Working directly to the requirements of a specification may not produce the best technical value for the project and early contractor involvement greatly helps in improving specifications in respect to the proposed works.

I also find the it challenging to promote the fairness of relationships between parties when entering into contracts.

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Magazine

I believe that those taking the risks under a contract should be rewarded for doing so and there is an important balance between assigning risk and responsibility between contractual parties.

What are the aims and objectives of the Ground Forum?

The Ground Forum provides a single point of contact for ground related industries (including the AGS, EGGS, BGA, FPS, BDA and several others) with government and official bodies, giving the geotechnical fraternity a voice within the construction industry. Ground Forum exists to: •

•

Provide an effective point of communication between Member Organisations.

Enhance the profile of the ground engineering

•

• • •

•

industry.

Raise youth awareness of the satisfaction and rewards of a career in ground engineering.

Promote good practice in all ground related disciplines.

Enhance training through CPD. Promote the value of good ground engineering and geotechnics.

Lobby the government and other construction organisations on issues of concern for the ground engineering sector.

As the Chair of Ground Forum, what does your role involve?

The chair of Ground Forum provides a coordinating role between the fifteen member organisations. There are three to four committee meetings

• Supporting university our work is often unseen. every year plus attendance degrees and specialisms in Without bodies such as AGS, at events by the Construction ground engineering.

Ground Forum and their Industry Council and membership bodies I believe Parliamentary and Scientific • Ensuring the industry standards would be in danger Committee. As there are a maintains its access to of slipping with significant wide range of different views expertise and well trained repercussions. on the industry between the graduates. different bodies represented What changes would you Why do you feel the AGS (for example the Institute of like to see implemented are an integral Materials, in the geotechnical member of Minerals The chair industry? the Ground and Mining of Ground Forum?

(IOM3) and the Although maintaining a high Forum provides International skill base is crucial and the The AGS has a coordinating Geosynthetics quite a diverse possibility of skills shortages role between the Society) it is could have a major impact, membership, important fifteen member I believe the promotion of representing to forge organisations. health, safety and wellbeing several a common is crucial to the success of the different purpose and geotechnical industry. We aspects of the ground develop agreed objectives. need to look after our young engineering industry. This is engineers to allow them to reflected in the different AGS What are the current develop both technically and in Working Groups, including focuses of the Ground their quality of life. the proposed Instrumentation Forum? and Monitoring group. This The output from the recently Currently Ground Forum is helps the AGS established joint focussed upon: to understand The AGS has procurement the needs quite a diverse of ground • Lobbying the Government across the investigation to ensure infrastructure membership, industry and working spending is maintained representing several AGS groups will through to addressing several different members have hopefully lead the status of valued successfully aspects of the to beneficial European employees and chaired Ground ground engineering changes in maintaining UK access Forum. what can to skilled operatives and

“

“

professionals.

•

The Impact of Brexit on ground engineering sector.

•

Addressing the shortage of Ground Engineering professionals.

•

Maintaining Ground Engineers on the Government’s shortage of occupations list.

industry.

Why do you feel the AGS and the Ground Forum are important to the industry?

There is a need to constantly promote the quality of our ground engineering professionals and the work they do in an industry that is literally “covered up”, so that

often be the most important part at the start of a scheme. I’m hoping the results of these groups will be beneficial to all of the industry and adopted by client organisations throughout the UK.

December 2019 / January 2020

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Standards Update

November 2019

BS EN ISO 25177:2019

RECENTLY PUBLIS SUBJECT / TEST S Guidance on the choice and evaluation of bioassays for ecotoxicological B characterization of soils and soil materials Geotechnical investigation and testing – Geotechnical monitoring by field N instrumentation – Part 5: Stress change measurements by total pressure cells (TPC) Soil quality – Field Soil Description B

STANDARD BS 10176 BS5930 Amendment 1

BRITISH STANDARDS ON SOIL, GROUND SUBJECT / TEST S Sampling soils for determination of VOCs N Ground investigation E

STANDARD BS ISO 17616: 2019 BS EN ISO 18674-5: 2019

ISO STANDARDS ON SOIL & SITE S B

STANDARD BS ISO DIS 11063

SUBJECT / TEST Direct extraction of soil DNA

ISO DIS 16751

prEN 1997-2

Environmental availability of non-polar organic compounds – N Determination of the potentially bioavailable fraction and the nonbioavailable fraction using a strong adsorbent or complexing agent Conceptual site models for potentially contaminated sites N SELECTED INTERNATIONAL & EUROPEAN “GE SUBJECT / TEST S Eurocode 7 - Geotechnical design – General Rules W 2 Eurocode 7 - Geotechnical design – Ground properties W

prEN 1997-3

Eurocode 7 - Geotechnical design – Geotechnical structures

BS ISO DIS 18674-4

Geotechnical investigation and testing – Geotechnical monitoring by field instrumentation – Part 4: Measurement of pore water pressure: Piezometers Geotechnical investigation and testing – Sampling of soil, rock and groundwater – Part 1 – Technical principles Ground investigation and testing – Field testing –Part 9: Field vane test (FVT and FVT-F) Underground utility detection, verification and location

BS ISO 21365 STANDARD prEN 1997-1

BS EN ISO 22475-1 (REVISION) BS ISO DIS 22476-9 PAS 128 (revision)

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W 2 N

B

N

P

SHED STANDARDS SUPERSEDED/WILL SUPERSEDE BS ISO 17616: 2008

STATUS Published

PUBLICATION DATE November 2019

New Standard

Published

November 2019

BS EN ISO 25177: 2011

Published

October 2019

D & SITE ASSESSMENT - In preparation STATUS SUPERSEDED/WILL SUPERSEDE New standard Proceeding to publication Existing standard The commenting period ends on 15 January 2020 E ASSESSMENT - In preparation STATUS SUPERSEDED/WILL SUPERSEDE BS EN ISO 11063:2013 Comment period on DIS ended 26 November

New standard

Proceeding to publication

PUBLICATION DATE 2020 2020

PUBLICATION DATE 2020 2020

New Standard Proceeding to publication EOTECHNICAL” STANDARDS – In preparation STATUS SUPERSEDED/WILL SUPERSEDE Will partially replace BS EN 1997-1: Comments required by 8 January 2020 2004 + A1: 2013 Will replace BS EN 1997-2: 2007 Comments required by 8 January 2020

2020

Will partially replace BS EN 1997-1: 2004 New Standard

Comments required by 8 January 2020

2021

Comment period ended 9 September

2020

BS EN ISO 22475-1:2006

FDIS being prepared

2020

New Standard

Comment period ended 24 September

2020

PAS 128

Public consultation awaited

2020

PUBLICATION DATE 2021 2021

December 2019 / January 2020

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Upcoming Events

AGS Annual Conference Date: Thursday 2nd April 2020 Location: National Motorcycle Museum, Birmingham The AGS are pleased to announce that their Annual Conference is taking place on Thursday 2nd April 2020 at the National Motorcycle Museum in Birmingham.

This full day seminar will focus on the work and achievements of the AGS and see expert speakers present on geotechnical and geoenvironmental topics and summarise lessons learnt.

The full agenda and speakers will be confirmed in due course. Lunch and refreshments will be provided.

TICKETS A limited number of delegates per AGS member company may attend the conference free of charge. The number of complimentary tickets provided are dependent on the number of practitioners in your company – please see Table on the registration form. Additional tickets may be purchased for £60 (plus VAT) per AGS Member. Non-members may attend for £120 (plus VAT). If you wish to attend, then please email ags@ags.org.uk for a booking form.

SPONSORSHIP PACKAGES Promote your organisation, services and skills – take advantage of one of our great sponsorship opportunities, which include benefits such as exhibition stands, advertising space and more.

To register your attendance or for details on our available sponsorship packages, please contact Joanna Franaszczuk at ags@ags.org.uk or click here to visit the AGS website.

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Magazine

AGS Commercial Risks & How to Manage Them Conference 2020 Date: Wednesday 22nd January 2020 Location: The Manchester Conference Centre, Manchester This CPD conference, which will provide a focus on the management of commercial risks, is aimed at both junior and experienced ground engineers, who are interested in improving their knowledge and skills within this sector. The event will also be relevant to practitioners approaching Chartership, as well as those in smaller practices where there may be limited or no in-house legally qualified sources of help or advice. The conference will end at 4:30pm.

Chaired by Jo Strange, Technical Director at CGL, attending delegates will be provided with an introduction of the guidance and advice provided by the AGS Loss Prevention Working Group, with particular attention being given to recent hot topics.

• • • • • • • • • • •

Registration and Lunch: 12:00pm WELCOME ADDRESS AND INTRODUCTION Jo Strange, Technical Director CGL THE BATTLE OF THE FORMS – A FOCUS ON CONTRACT FORMATION AND PURCHASE ORDERS Dr Russell Jones, Principle at Golder Associates UK THE IMPORTANCE OF DEFINITIONS WHEN AGREEING SCOPES AND OBJECTIVES Hugh Mallett, Technical Director at BuroHappold Engineering.

GETTING IT RIGHT…. AND WHAT HAPPENS WHEN YOU DON’T Stephen Hargreaves, Director at Griffiths & Armour RELIANCE, COLLATERAL WARRANTIES AND LIMITING LIABILITY Zita Mansi, Senior Associate at Beale & Company REDUCING RISK AND PREVENTING CLAIMS ON COMPLEX BROWNFIELD RESIDENTIAL SITES Adam Gombocz, Senior Geotechnical Engineer at NHBC FITNESS FOR PURPOSE OR REASONABLE SKILL AND CARE. Rachel Griffiths, Contracts Manager at Fugro POTENTIAL LIABILITIES FOR LANDFILL TAX TBC CLOSING ADDRESS Event to end around 4:30pm

TICKETS AGS members may attend for £70, whereas non-AGS Members may attend for £130. Prices exclude VAT. To confirm your attendance please email ags@ags.org.uk for a booking form. Spaces are limited so we recommend early booking. Application forms received after 8th January 2020 may not be accepted.

SPONSORSHIP PACKAGES Promote your organisation, services and skills – take advantage of one of our great sponsorship opportunities, which include benefits such as exhibition stands, advertising space and more.

To register your attendance or for details on our available sponsorship packages, please contact Joanna Franaszczuk at ags@ags.org.uk or click here to visit the AGS website.

December 2019 / January 2020

25

AGS Laboratories, Instrumentation & Monitoring Conference 2020 The AGS are pleased to announce that the AGS Laboratories, Instrumentation & Monitoring conference is taking place on Wednesday 15th July 2020 at Hamilton House, Euston, London.

Further information will be released in due course.

To register your place or to enquire about sponsorship, contact ags@ags.org.uk.

AGS Data Management Conference 2020 The AGS are pleased to announce that the AGS Data Management conference is taking place on Wednesday 23rd September 2020 at the National Motorcycle Museum in Birmingham.

Further information will be released in due course.

To register your place or to enquire about sponsorship, contact ags@ags.org.uk.

SiLC Introduction Days SiLC is hosting the following two Introduction days ahead of the SiLC 2020A exam round; •

16th December 2019 at Wood plc, Canon Court, Abbey Lawn, Abbey Foregate, Shrewsbury, Shropshire, SY2 5DE

•

6th February 2020 at BuroHappold, 17 Newman Street, London W1T 1PD

SiLC Introduction Days are open to all those who are considering applying to become a SiLC. They will provide an overview of the SiLC scheme, information on the assessment process and an opportunity to meet peers and discuss your application with SiLC Assessors. The examination now embraces the requirements of the NQMS, subject to success in the SiLC exam and at the professional interview becoming a SiLC will automatically result in becoming an SQP. SiLC Introduction Day fees for 2019 & 2020 are: Private Sector: £190 + VAT Total: £228 Public Sector: £140 + VAT Total: £168 Delegates who attend will receive a £70 discount off their application fee.

For further information, please visit https://www.silc.org.uk/events/introduction-days/

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Magazine

We’re one of the largest independent specialists in Geotechnics  Site Investigation and Project Management  Geotechnical and geoenvironmental Interpretation and Advice

COVENTRY, CHESTER, YORK, EXETER, BRIDGEND ...AND HERE

 Brownfield and Contaminated Land Assessment  In-Situ Testing, instrumentation, and monitoring  UKAS accredited soil, rock, materials, and chemical laboratory testing

mail@geotechnics.co.uk www.geotechnics.co.uk 02476 694 664 December 2019 / January 2020

27

Training Courses

CL:AIRE 2019 training courses now available • E-Learning Courses : Brownfield Site investigation; Soil and Groundwater Risk Assessment; Sustainable Remediation Appraisal & Asbestos Awareness for Land Professionals https://www.claire.co.uk/commerce/112346-elearning •

CAR-SOIL

•

Non Licensed Work for Land Professionals

•

Non Licensed Work for Groundworkers

https://www.claire.co.uk/commerce/112352-asbestos-in-soil-and-construction-demolitionmaterials-training •

Verification of Gas Protection Systems

https://www.claire.co.uk/commerce/112374-gas-protection All courses (except elearning and gas verification) also available on a bespoke basis. Please go to Help Desk and provide your requirements: https://www.claire.co.uk/help-desk

Revised Training: Specialist Geotechnical Heath and Safety Courses Equipe Training and their health and safety training partners RPA Safety Services and EB Safety Solutions are delighted to announce their collection of specialist health and safety courses for the geotechnical market have been revised and renewed for 2019.

These courses are approved and certified by the Institution of Occupational Safety and Health (IOSH) and meet the requirements of UK Health and Safety regulations for working on geotechnical and land drilling sites. Upcoming courses include: • 14th – 16th January 2020 - IOSH Safe Supervision of Geotechnical Sites • 18th March 2020 - IOSH Working Safely (on Geotechnical Sites) • 19th December 2019 - IOSH Avoiding Danger from Underground Services Other health and safety courses include our latest H&S, asbestos-focussed course: •

7th January 2020 - Managing and working with Absestos Risk in Ground Investigation

Places on these courses can be booked online here, or via contacting Equipe on +44 (0)1295 670990 or info@equipegroup.com 28

Magazine

How to become a Member of the AGS AGS Members all share a commitment to quality in the geotechnical and geoenvironmental industry. This has become widely recognised by clients, governmental bodies and other associations that touch issues to do with the ground.

We welcome both companies and individuals who want to be recognised for their quality of practice to join our growing membership of over 130 Members. We shape our industry, continually improve practice and collaborate on issues that affect us all; from clients, all the way through to the people who use the land and the buildings we help develop.

To become a Member of the AGS, please visit http://www.ags.org.uk/about/become-a-member and submit your application online. Please note that all membership applications are reviewed by the Membership Committee 6 weeks in advance of each quarterly Senate meeting.

The deadline for the next round of completed applications isTuesday 31st December 2019.

AGS Chemical and Legal Helplines All Members of the Association of Geotechnical and Geoenvironmental Specialists are entitled to free chemical and contractual advice through the use of Loss Prevention Committee Members, Marquis & Lord and Beale & Co. For advice on chemical safety and best practice, Marquis & Lord will provide 30 minutes of free advice to all AGS Members.

Additionally, if you’re an AGS Member and are looking for legal advice, please contact Beale & Co and ask quote ‘AGS Helpline’ where the first 15 minutes of legal advice will be free of charge.

CHEMICAL SAFETY HELPLINE Marquis & Lord Tel: +44 (0) 121 288 2386 www.marquisandlord.com

LEGAL HELPLINE (Please quote Beale & Co ‘AGS Helpline’) Tel: +44 (0) 20 7469 0400 www.beale-law.com

Member Reporting Service for Industry Issues If you have any queries regarding AGS Data Format, there is a discussion forum on the AGS Data Format website, where queries can be posted and answered by the Data Format team.

If a Member has any issues with regard to Safety, Contaminated Land, Geotechnical or Laboratories which you think the industry should be aware of please email ags@ags.org.uk, we will then forward your email to the relevant AGS Working Group.

Disclaimer These articles are the opinions of the authors and are not intended to be a complete or comprehensive statement of the law, nor do they constitute legal or specialist advice. They are intended only to highlight current issues from date of publication that may be of interest. Neither the writer, nor the AGS, assumes any responsibility for any loss that may arise from accessing, or reliance on the material and all liability is disclaimed accordingly. Professional advice should be taken before applying the content of the articles to particular circumstances.

December 2019 / January 2020

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Advertising and Rates An online advertising campaign within the AGS Magazine will help to build and increase industry awareness of your company’s profile, initiatives and offerings.

The AGS can help build a package to suit your needs and budget; whether it’s a series of adverts across multiple issues, a combination of event sponsorship and advertising, or a single advertorial.

How to Advertise in the AGS Magazine The AGS Magazine is a free email publication which looks at a range of topical issues, insights and concerns, whilst publishing new guidance notes, working group activities and information on upcoming industry seminars.

With 10 issues each year, our subscribers include industry professionals such as practitioners, chartered specialists, senior decision makers and managing directors To receive a media pack or to discuss advertising rates, please contact Caroline Kratz on 0208 658 8212 or email ags@ags.org.uk

Adversiting Requirements

Advert Sizes and Rates

All adverts should be sent in a PDF, PNG, JPEG, TIFF, PSD (Photoshop) or EPS (Illustrator) format.

 FULL PAGE W: 210mm H: 297mm RATE: £400  HALF PAGE W: 210mm H: 145mm RATE: £250  QUARTER PAGE

company name address contact number email

W: 105mm H: 145mm RATE: £160

logo

 DIRECTORY Company name, address, contact number, email and one logo.

RATE: £50

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All advertising artwork must be supplied in 114 dpi resolution.

Magazine

Artwork must be delivered to the AGS using the agreed artwork specification size listed left.

Artwork should be emailed to ags@ags.org. uk no later than 10 days prior to publication.

Directory

ADVERTISE HERE FOR JUST ÂŁ50

ADVERTISE HERE FOR JUST ÂŁ50

AGS Dates for Your Diary Upcoming AGS Events AGS Commercial Risks and How to Manage Them Conference

AGS Laboratories, Instrumentation & Monitoring Conference 2020

Manchester Conference Centre

Hamilton House, Euston, London

Wednesday 22nd January 2020

Wednesday 15th July 2020

For more information, contact ags@ags.org.uk

For more information, contact ags@ags.org.uk

AGS Annual Conference

AGS Data Management Conference 2020

National Motorcycle Museum, Birmingham

National Motorcycle Museum, Birmingham

Thursday 2nd April 2020

Wednesday 23rd September 2020

For more information, contact ags@ags.org.uk

For more information, contact ags@ags.org.uk

December 2019 / January 2020

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