AGS Magazine - February / March 2021

February / March 2021

GROUND FORUM MENTORING SCHEME Mentoring for Greater Diversity; Ground Forum, FPS and AGS Take the First Steps

Photo Credit: Alistair Cima, CCGI KEY CONSIDERATIONS BEFORE WINDING DOWN

SCOTTISH CONTAMINATED LAND GUIDANCE

AGS WEBINARS - REVIEWS & UPCOMING EVENTS

Advice from Beale & Co regarding what to consider before closing your company

West Dunbartonshire Council offer insight from a regulator’s perspective

Reviews of recent AGS Webinars and a look ahead to future events

Chair’s Foreword Welcome to the March Issue of the AGS Magazine, which again highlights the work carried out by the AGS on behalf of its members, and the great efforts our working groups make to provide valuable information and guidance. On the 11th May 2021, my tenure as AGS Chair will officially come to an end at the AGM, and I will pass the reins over to Sally Hudson of Coffey Geotechnics. I believe that Sally will be the first female Chair of AGS and her enthusiasm, expertise and knowledge will ensure that AGS will continue to promote and improve our industry. You will hear more from Sally as the year progresses.

I would like to take this opportunity to invite others working within the geotechnical and geoenvironmental sectors to engage further with the AGS. We would be delighted to work with individuals who are keen to give back to their industry; whether helping to raise awareness of issues we are poorly or simply not tackling, or helping to improve the safety, quality and/ or technical aspects of our work, now is the time to join the AGS. We have a number of places available on the Executive Committee as well as new Working Group Leaders required for the Contaminated Land and Geotechnical groups.

If you think you can contribute to some or all of the above please send your applications in by March 26th.

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ABOUT THE AGS

I am pleased to continue to promote Equality, Diversity and Inclusion within AGS and in the coming months we would hope to provide positive actions which members can take. We have now received a number of nominations from Early Career practitioners who would like to be co-opted on to some of our working groups, but would still like to encourage representation within the Labs and Loss Prevention areas of work. It is a unique opportunity to see a different side to the sector, as well as hearing about issues and initiatives which are common across the industry.

The Yellow Book Revision is progressing well and a draft will be ready for industry comment within the next couple of months, so watch out for announcements.

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 non-profit making trade association established to improve the profile and quality of geotechnical and geoenvironmental engineering. The membership comprises 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 Caroline Kratz, Forum Court Associates (FCA) Katie Kennedy, FCA Calum Spires, Equipe Group Neil Parry, GEL David Entwisle, BGS Jim Poole, Coffey Chris Vincett, Hydrock Vivien Dent, RSK Adam Latimer, Ian Farmer Associates Dimitris Xirouchakis, Structural Soils Emma Anderson, HaskoningDHV UK Jonathan Gammon, Geotechnical Observations 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 or events received.

CONTACT US AGS 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 20

 COVER STORY PAGE 18  Mentoring for Greater Diversity; Ground Forum, FPS and AGS Take the First Steps

Key considerations before winding down your company This article will consider the following: 1. Matters to consider before closing down your company; 2. Obligations to ensure that your company is insured once it has ceased trading; and 3. Why it is important to protect your company against future claims that arise once your company has ceased trading.

AGS UPCOMING EVENTS PAGE 6  Reviews of the recent Commercial Risks webinars, as well as previews of upcoming webinars.

LAND CONTAMINATION AND DEVELOPMENT PAGE 26  Guidance from Scottish regulators on the variations from country to country within the UK.

Q & A: RACHEL GRIFFITHS PAGE 28  The AGS Magazine conducts a Q & A with Rachel Griffiths, Contracts and Legal Manager at Fugro.

MORE INSIDE

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News in Short: AGS Yellow Book Contest

PAGE 12

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Inside: Beale & Co Interview with Sheena Sood

PAGE 32 

Working Group Update Laboratories

February / March 2021

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News in Short Waiver of Subrogation – What does it mean and can it be a problem?

The AGS Glossary of Useful Professional Indemnity Insurance Phrases defines subrogation as follows: “Under the terms of the insurance contract an insurer has the right to recover any applicable loss (in whole or in part) from any third party against whom the insured enjoys rights of recovery. In the context of Professional Indemnity insurance this might refer to a

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right of action against a sub-consultant whose negligence caused his principal’s insurers to pay a claim to the principal’s client” It is noted in the same document that an insurance company generally has the right to subrogate (or take legal action against). When a Waiver of Subrogation clause is present in a contract or required by a client/ employer, the intention is

that subrogation rights of the insurer are waived and the insurer is unable to take legal action and recover damages against the third party responsible for the loss.

A waiver of subrogation rights is included in some standard contract forms, such as the NEC3 and NEC4 Engineering and Construction Contract. An insured party must not enter into an agreement with any third party that will prevent the Insurer recovering any applicable loss. It is, therefore, important that they either remove any waiver clauses or confirm with their insurers that the waiver will not affect their cover on a contract.

AGS Yellow Book Photography Competition – Results TBC The deadline has now closed for the AGS’ Yellow Book photography competition, in which we try to source a new cover for the third edition of the UK Specification for Ground Investigation.

AGS Chair, Julian Lovell, AGS Chair Elect, Sally Hudson and AGS Instrumentation and Monitoring Working Group Leader Johnathan Gammon, are currently working their way through the 83 entries we’ve received and are scoring them across four criteria;

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Overall Impression, Impact and Visual Appeal Suitability for Yellow Book

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Originality and Relevance

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Composition

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Colour, Lighting, Exposure and Focus

We hope to bring you the results in the April/ May issue of AGS Magazine. Watch this space.

The top three AGS publications in the last month 1. Standards relating to investigation, assessment, remediation and development of potentially contaminated and contaminated sites 2. AGS Guidance on Waste Classification for Soils – A Practitioners Guide 3. Comment on the approach for classifying sites into green, yellow or red To download the publications for free; click here.

CLC Professional Indemnity Insurance Survey In the aftermath of the Grenfell tragedy and the widespread fire and safety issues that have come to light, a very serious consequence has been on the cost of PII insurance, and the scope of cover available, for both consultants and

contractors.

The Government is taking this issue extremely seriously and needs more detailed information on the extent of the problems companies face.

To this end, the Government

and the Construction Leadership Council’s PII subgroup, made up of people representing all sectors of the industry, have drawn up an anonymous survey to help provide a clearer picture.

The survey closes on 12th March 2021 and can be found here: https://www. surveymonkey.co.uk/r/CLCPII

February / March 2021

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AG S W E BI NAR

On 27th January and 3rd February, the AGS Loss Prevention Working Group hosted their first webinar series entitled Commercial Risks and How to Manage Them. Both events were sponsored by legal specialists, Beale & Co. This two-part series, was chaired by Jo Strange, (Technical Director at CGL), and six specialist speakers presented across two webinars; Basic Contractual Risk Mitigation and Limiting Particular Liabilities. Event speakers included; Dr Russell Jones, (Principal / Senior Legal Consultant, Golder Associates), Hugh Mallett, (Technical Director, Buro Happold), Charles Hayward, (Associate Director, Griffiths & Armour), Zita Mansi, (Senior Associate, Beale & Company), Rachel Griffiths, (Contracts Manager, Fugro) and Joe Jackson, (Managing Director, Jackson Remediation).

Over 325 delegates registered for the webinar,

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NEWS & UPCOMING EVENTS

which looked at topics including; the battle of the forms, the importance of definitions when agreeing scope and objectives, how to avoid professional indemnity claims, the critical difference between “fitness for purpose” and “due care and diligence”, collateral warranties, “letters of reliance” and the assignment of reports, and historical contractual arrangements and how they have evolved.

If you missed this webinar, the recording is now live and can be purchased from £25 per session via the AGS website by clicking HERE or HERE.

Webinar Sponsors

The AGS are pleased to announce Ground Risk: Landslide Risk Reduction will be taking place as a webinar on Thursday 29th April at 11am.

Dr Andrew Ridley, Managing Director, Geotechnical Observations Limited

A concise online seminar during which three leaders in this field will share their expertise on landslide hazards and risk assessment, monitoring and mitigation. The webinar will be of interest to all those in the ground engineering sector who deal with the mitigation of ground instability risks and all those in the profession who wish to learn more about landslide risk identification, assessment and impacts.

Tickets for this webinar are £25 for AGS members and £30 for non-AGS members (ex VAT).

Speakers Professor Mike Winter, Director, Winter Associates Limited Ian Nettleton, Technical Director, Coffey Geotechnics Limited, A Tetra Tech Company

Ticket Prices

Register To register for this event please click HERE.

Sponsorship There are Diamond and Gold sponsorship packages available for this webinar. For more information on sponsorship packages, please click HERE or email ags@ags.org.uk.

Sponsorship must be confirmed by Friday 9th April. Bespoke packages are available on request.

UK Geological Hazards CPD Training Events Based on the best-selling publication Geological Hazards in the UK: Their Occurrence, Monitoring and Mitigation, specialists will explore the conditions in the UK that lead to significant risks to our built and natural environment.

@Geolsoc

24/02/2021 03/03/2021 10/03/2021 30/03/2021 07/04/2021 20/04/2021 04/05/2021 18/05/2021 01/06/2021 15/06/2021 29/06/2021 13/07/2021

Problematic soils - Swell/shrink solid Problematic soils - Peat Problematic soils - Quick clays/collapsible soils Landslides Debris flows Coal hazard - mining subsidence and fault reactivation Carbonate hazard - Mining and dissolution Evaporate hazard - Mining and dissolution Metalliferous mining and building stone Radon & Methane Gas hazards Seismic and tsunami hazards Risks from Brownfield Land

Geological Society of London

February / March 2021

For further details on course content and prices, please visit www.geolsoc.org.uk/CPD-Geohazards-events-2021

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AG S W E BI NAR

NEWS & UPCOMING E V E N T S CONT...

On 26th February, the AGS held their second webinar on the subject of equality, diversity and inclusion (EDI), in association with the Ground Forum and Federation of Piling Specialists.

EDI is often spoken about at strategic, policy and procedural level but how can these be developed to raise awareness and influence positive actions within the geotechnical and geoenvironmental sector? Improving Company Performance through Equality, Diversity and Inclusion, focused on how our industry can start to address inequalities and promote diversity and inclusion, and discussed the barriers as well as positive approaches and initiatives to EDI, which will help change attitudes, attract new talent and improve retention within the industry moving forward.

234 delegates registered for the webinar from countries including USA, Hong Kong, Jamaica, Spain, Latvia, India, Pakistan, Australia, Switzerland and Poland. The event discussed the industry challenges and introduced potential solutions for companies to eliminate discrimination, create equal opportunities and develop good working relationships between different people.

Speakers for the event included Emma Stewart MBE (co-founder of Timewise), Sharon Slinger (Director at Constructing Rainbows Ltd.), Steve 8

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Hadley (FPS Chair and Managing Director of Central Piling) and Martin Griffin (Principal Geotechnical Engineer). The event was Chaired

by Sally Hudson (AGS Chair Elect and Regional Manager at Coffey Geotechnics Limited, A Tetra Tech Company) and Julian Lovell (AGS Chair and Managing Director at Equipe Group).

If you missed this webinar, the replay is now live and available for free view on the AGS website.

Click HERE to view the replay and download the speaker presentations and file handouts.

In association with

2021 AGS Webinar and Live Events Programme Ground Risk: Landslide Risk Reduction (webinar)

Data Format (live event TBC) •

Date: Wednesday 22nd September

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Date: Thursday 29th April

•

•

Time: 11am

Location: National Motorcycle Museum, Birmingham

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Duration: 1.5 hours

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Confirmed speakers: •

Professor Mike Winter, Director, Winter Associates Limited

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Annual Conference (live event TBC) •

Date: Thursday 23rd September

Ian Nettleton, Technical Director, Coffey Geotechnics Limited, A Tetra Tech Company

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Location: National Motorcycle Museum, Birmingham

Dr Andrew Ridley, Managing Director, Geotechnical Observations Limited

Net Zero Carbon (webinar)

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Cost: £25 for AGS Members and £30 for nonAGS Members.

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Sponsorship: Diamond and Gold packages available

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Date: October

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Cost: Free of Charge

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Sponsorship: Diamond and Gold packages available

Laboratories (webinar)

Geotechnical Baseline Reports (webinar)

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Date: June

•

Date: November

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Sponsorship: Diamond and Gold packages available

•

Cost: Free of Charge

•

Sponsorship: Diamond and Gold packages available

February / March 2021

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Webinar Sponsorship Packages Since our first webinar in July, over 2,500 people have registered to attend our events and have attended from countries across the globe including Australia, Italy, New Zealand, South Africa, USA, Singapore, Malaysia, Hong Kong, United Arab Emirates and Canada, to name but a few.

The AGS have Diamond and Gold sponsorship packages available for each of our webinars. They offer an affordable way to reach a worldwide audience via our various platforms including AGS Magazine, our ever-growing database, social media channels and of course, during the webinar itself, which will be available on the AGS website post-event for ongoing company exposure.

Please see package details below:

DIAMOND SPONSOR

GOLD SPONSOR

*one package available per webinar

*10 packages available per webinar

Price: £800 (members) or £1,100 (nonmembers)

Price: £350 (members) or £650 (nonmembers)

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Company website link or pop-up promotion to feature during the live webinar

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Logo on sponsor slide during the webinar (and webinar recording)

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Logo and overview in the event program

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Large logo on sponsor slide during the webinar (and webinar recording)

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Company mention during webinar opening & closing address

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Company mention during webinar opening • & closing address

Logo featured in promotional marketing emails

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Logo and overview in the event program

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Company Q&A feature in AGS Magazine (4,250 subscribers)

Company directory insert in AGS Magazine, worth £50 (4,250 subscribers)

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Full page advert in AGS Magazine (worth £400)

One complementary webinar registration (worth up to £90)

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Two complementary event registrations (worth up to £180)

Company logo and overview on the AGS’ Twitter page (2803 followers)

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Company logo and overview featured on the webinar registration page

Company logo and overview on the AGS’ LinkedIn page (4128 followers)

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Logo featured on promotional marketing emails

Company mention in a follow up article in AGS Magazine (4,250 subscribers)

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Company overview on the AGS website

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Company logo featured on replay email campaigns

• • • • •

Company logo and overview on the AGS’ Twitter page (2803 followers)

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Company logo and overview on the AGS’ LinkedIn page (4128 followers)

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Company logo featured on replay email campaigns

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Company mention in a follow up article in AGS Magazine (4,250 subscribers)

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If your company would like to support any AGS webinars or if you’d like any further information on the events, please contact Caroline Kratz on ags@ags.org.uk.

WITH WORLD CLASS ONLINE GEOTECHNICAL TRAINING FROM EQUIPE Equipe are delighted to announce that a range of our geotechnical and health and safety courses can now be delivered as trainer-led online distance-learning during the COVID-19 enforced shutdown. This means you can stay up-to-date with your training from the comfort of your own home/office.

The courses will still be delivered live by our training team and will be fully interactive, but some courses will be split into modules that will be delivered across multiple days.

Online Health and Safety Courses

Delivered in partnership with RPA Safety Services & EB Safety Solutions

IOSH Safe Supervision of Geotechnical Sites - £495 + VAT

Learn in detail how to keep yourself and your on-site operatives safe in the field - industry SSSTS equivalent eligible for CITB Levy

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

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

Online Geotechnical Courses Delivered in partnership with Plough Geotechnical

Geotechnical Foundation Design - £250 + VAT

Comprehensive overview for geotechnical practitioners and engineers

Earthworks Design and Construction - £250 + VAT

A general overview of materials sourcing / selection for design & construction

Slope Stability Design - £250 + VAT

Comprehensive overview for geotechnical practitioners and engineers

Classroom-Based Courses

IOSH Avoiding Danger from Underground Services - £175 + VAT

In accordance with the requirements and guidance set out within HSG47

Prof. David Norbury’s Soil Description Workshop - £295 + VAT

Providing a detailed approach to soil description practices and techniques

Prof. David Norbury’s Rock Description Workshop - £295 + VAT

Providing a detailed approach to rock description practices and techniques

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I N SBeale I D E& Co drafting standard conditions of contract and bespoke contracts, providing assistance with tenders and contract reviews, giving practical advice on issues that arise during the life of a project, and dispute avoidance and resolution advice should things go wrong. Working with construction professionals and their insurers we offer cost-effective advice focused on finding solutions to difficult Getting to know Beale problems. Our lawyers & Co with Senior have advised construction Partner, Sheena Sood. professionals on some of the most prestigious projects both What does the company at home and abroad including do and what areas does it the Battersea Power Station, specialise in?

HS2, Crossrail, the M25 in the UK; wind farm Beale & We have and motorway Co is an projects in been providing International Ireland; the specialist legal Construction Metro 2020 and Insurance advice to the in Dubai, Law Specialist. construction, Abu Dhabi We have been engineering and International providing infrastructure sector Airport, specialist legal for over 50 years... Bangkok advice to the Airport and construction, the Sual Power engineering and infrastructure Station in the Philippines. sector for over 50 years and

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are recognised leaders in the legal directories. Our lawyers understand and advise on all aspects of the construction process from beginning to end, 12

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Where is Beale & Co located?

We have offices in London, Bristol, Dublin and Dubai.

How many people does the company employ?

We have over 90 lawyers working across the four offices and employ over 160 staff in total.

How long have you worked at Beale & Co? After completing my law degree with Brunel University I started my training contract (called articles in those days!) with Beale & Co in 1990, qualifying in 1992. I have stayed at the firm since qualification and so have been working at Beale & Co for over 30 years now.

What is your career background, and what enticed you to work for Beale & Co? My law degree at Brunel University was a thin sandwich LLB course and involved working in industry for 3 summers out of the 4 years of the course. The first industry experience I gained was working within the legal department of the London Borough of Hounslow for 6 months. Working with its dedicated lawyers on child protection issues was eye opening. I then sought to obtain

experience in a private practice law firm, which I discovered was difficult, especially with no links to the legal industry.

I wrote letters to a number of different firms requesting work experience placements.

Of the letters I wrote, two law firms responded, one of which was Beale & Co, which then offered me a placement.

During this placement and subsequent placements with them, I worked closely with Antony Smith on contentious construction work, gaining great experience. This is where I gained an avid interest in the construction industry. I particularly enjoyed helping clients to get disputes solved and the ‘highs and lows’ of litigation. Mainly the highs! The skills required go beyond pure legal knowledge.

What is your current role within Beale & Co and

what does a typical day entail?

I am the Senior Partner of Beale & Co. My role involves advising clients on a diverse range of professional negligence claims and contractual disputes, advising engineers, architects, contractors, health and safety professionals and surveyors. I work across all sectors of the construction industry and really enjoy getting to grips with the different issues of importance.

Another significant part of my role involves working alongside colleagues in the leadership team in leading the strategy and direction of the firm and management of various issues internally.

I have an external facing role representing the firm with a significant part of

my time spent on business development. I also contribute regularly to trade press including authoring articles and thought leadership pieces for Building magazine and Infrastructure Intelligence.

As a partner led firm I am closely involved with all of my cases and a typical day will involve work on client matters, liaison with team members working on those cases, business development and internal management and administration.

What are the company’s core values?

At Beale & Co, we are interested in doing a good job, well. For us that involves thinking holistically about people, having the highest standards, and achieving the best possible sustainable

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outcomes for authentic with We aim for all. Our values each other and drive every our clients. the highest aspect of what Above all, we possible standards we do as a value each of integrity and business, from other’s mental fairness as an how we treat and physical employer and our clients and health and colleagues well-being. provider of legal to how we We have services. treat the a strong community and the ethos and environment around us. Our commitment to collaboration core values are: and teamwork founded on listening and action.

People matter – one team, one firm Straight and honourable We believe in a ‘one team, dealing one firm’ approach, which We value and operate with prioritises respect for people openness in all our dealings. and their contributions.

We aim for the highest We foster an inclusive possible standards of integrity environment where we can be and fairness as an employer

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and provider of legal services.

Best possible outcomes We value hard work, innovation and sustainability.

We continually seek to be the best we possibly can be for our people, our clients and our community.

Are there any projects or achievements which Beale & Co are particularly proud to have been a part of?

I’m proud to say that, in recent years, Beale & Co has advised on numerous high-profile projects and disputes in the UK and internationally including signature buildings in the City of London, Baku sports stadium in Azerbaijan, HS2,

Crossrail, Dubai 2020 to name a few.

How important is sustainability within the company?

Sustainability is hugely important to us. Sustainable business has at its heart the understanding that the success of a business relies intrinsically on doing what is best for the environment, clients, employees, communities and all other stakeholders. Writing this during the Covid-19 pandemic I am struck by how true this is.

Companies around the world are facing growing pressure to become more socially and environmentally responsible.

As a firm, we that the way we We are evolving believe that deal with our we should stakeholder as a firm, just as do more clients, our four pillars are than simply employees evolving, and there acknowledge and suppliers is more that we want the has a huge to do. importance impact on the of doing the communities right thing but in which we also strive to deliver value to operate and goes far wider everyone connected directly than the simple delivery of or indirectly to our business. legal services.

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Our strategy for delivering sustainable business is based on ‘Four Pillars’, which form the foundation of our approach to being a responsible business.

Employees: Our people are our most valuable asset and we are committed to nurturing a working environment that our people can say they are both proud of, and can relate to.

Our ‘Four Pillars’ are:

Environment: Any sustainable future needs to consider

Community: We recognise

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environmental impact

experience and business skills they will need to succeed Marketplace: We run our as a lawyer. Trainees work business with integrity and alongside our partners in the we are proud of that. We are fields of construction (UK committed to sustainable and and international), insurance socially responsible business and corporate/commercial. practise, and we expect the From the start of the training same standards from all those programme we give them a we work with. hands-on role and they are a While we are a relatively small real part of the team providing the quality service upon which firm of approximately 160 we have built our reputation. staff in total, we aim to instil We value our a culture of trainees sustainable and their What became business contribution apparent to in all of our Partners and everyone at the start and give them opportunities employees to of the first lockdown to build be a force for was the potential relationships good, focusing impact on the mental with clients on these four wellbeing of staff... and take key pillars; responsibility Community, for their own Employees, matters. We offer our trainees Environment, and and newly qualified solicitors Marketplace. an extensive programme of We are evolving as a firm, just internal training and CPD on as our four pillars are evolving, a number of topics both legal and there is more that we and commercial to assist with want to do. We are reviewing their career development. whether or not we might sign Not only do we provide training up to the UN Sustainable to our own staff but we believe Development Goals, and we in the importance of providing look forward to sharing our training to our clients and progress in the future. regularly run CPD events How does Beale & Co to assist with development support graduates and of legal knowledge and risk early career professionals management capabilities who are entering the within their legal teams.

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industry?

We aim to take on up to seven trainee solicitors across our offices each year, providing them with the first-class legal 16

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How has COVID- 19 affected the day to day running of the company?

How have staff adapted?

As a firm we have responded very well to the changes brought on by the pandemic.

Fortunately, we trialled remote working across the firm a week before lockdown so the transfer to working from home for us was fairly smooth and we are pleased to say that we have suffered few if any adverse reactions to the new circumstances.

Staff have adapted well to the new way of working. We have rolled out software across the firm to enable colleagues to communicate and collaborate via online meetings which has been vital to maintaining our productivity during the pandemic.

What became apparent to everyone at the start of

the first lockdown was the potential impact on the mental wellbeing of staff in all forms of business. Not only have people needed to adapt to a new way of working but they have also needed to adapt to a new way of living, which, in some cases, has left people at danger of feeling isolated and anxious. In order to promote the importance of mental health and mental wellbeing internally, we have developed a number of initiatives, classes and workshops through our ‘Wellness Teams’ across each of our offices. Our aim is to encourage openness, team bonding, creativity, the development of new skills, physical health and hobbies.

Examples of these include

social coffee mornings, Spanish classes, yoga sessions, book clubs, cookery and art classes and magic and comedy nights.

Why do you feel the AGS is important to the industry?

Trade associations such as the AGS are vital for the improvement of quality, health and safety, environmental practices and technical standards. Through networking, training and education and the provision of industry expertise to policy makers the AGS strives to improve the profile and standards of the geotechnical and geoenvironmental engineering industry.

future ambitions?

To maintain our specialist focus, to maintain our independence, to continue to develop high quality lawyers to undertake high quality works for its clients.

Beale and Co were Diamond sponsors of the AGS’ Loss Prevention webinar series; Commercial Risks and How to Manage Them; Basic Contractual Risk Mitigation and Limited Particular Liabilities.

Recordings of the webinars are available for purchase on HERE and HERE from £25 per series.

What are Beale & Co’s February / March 2021

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Ground Forum Mentoring Scheme Mentoring for Greater Diversity; Ground Forum, FPS and AGS Take the First Steps Article contributed by Steve Hadley, Chair of FPS Neil Parry, Chair of Ground Forum

F

ew would argue that a diverse workforce is one which brings many benefits to a business, providing a fresh outlook, expressing different ideas and showing new ways of thinking. Diversity also reflects society in general and can provide significant value to a business. Promotion of a diverse and capable workforce is an important corporate responsibility for a modern progressive company. The recent AGS webinar: Improving Company Performance through Equality, Diversity and Inclusion discussed the need to eliminate discrimination, create equal opportunities and develop good working relationships between different people.

Statistics tend to vary but Engineering UK’s figures from its ‘Gender disparity in engineering’, brief highlighted that just 12% of those working in engineering are women. The 2019 fourth quarter ONS’s Labour Force Survey showed that just 5.4% of construction workers were BAME and may be as low as 2%. It is likely

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that the ground engineering sector is similarly unrepresentative.

The Federation of Piling Specialists (FPS) played a key part in the establishment of a Mentoring Scheme, which is now being taken forward by Ground Forum (GF); bringing together the representation of related societies and other trade associations, including the FPS and AGS. The scheme is designed specifically to support the goal of increasing the number of currently underrepresented groups within the construction sector, as well as retain those already within it. Mentors have been taken from all sectors of the industry that feel passionate about construction and who are able to offer a real-world and positive personal perspective on the geotechnical sector.

Working with experienced ground engineering representatives such as Ebenezer Adenmosun, director of Geofirma and an active mentor of engineers. Typical mentees were identified as students at university that have expressed an interest in the sector; early career persons, such as graduates looking to get chartered but lack the necessary guidance and support within their organisations; experienced

persons who would benefit from a little encouragement to re-capture their interest; and site operatives looking for more general support.

mentors before Christmas, where they established a framework and programme, with planned feedback, which is used to direct the scheme. A feedback session In November from the mentors has led to 2020, more than them revealing some really 60 Mentees and positive stories, including how they have enjoyed the Mentors met virtually experience of coaching the to kick off the GF students.

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In November 2020, more than 60 Mentees and Mentors met virtually to kick off the GF scheme. This was extremely successful at connecting the scheme. This was first ‘batch’ of students, from a broad range of Universities Future initiatives that are extremely successful with ground engineering being enabled include: at connecting the first industry professionals. ‘batch’ of students, • Setting up an online group Universities that have signed to share information, such from a broad range up so far include Portsmouth, as relevant CPD events, with of Universities with Loughborough, Bradford, the mentees.

Leeds, Brunel, Hertfordshire ground engineering and Bath. Students have industry professionals. • Using the extended included those studying network of the group to batchelors qualifications in Civil provide work experience Engineering, Geology, Structural opportunities.

Engineering and Geotechnical Engineering, • Arranging site visits, interviews and CV from 1st year to postgraduates. workshops.

This is just the start of the initiative, with the Significant funding and offers of continued aim of the programme having multiple threads financial support have already been made and looking to engage with a wider spread of from members of the Ground Forum including mentees in the longer term. The first step was FPS, AGS, BDA, BGA and the PJA. These designed to enable students to feel confident organisations will also be involved in the in their career choices, strengthen their network of support and promotion of the employability skills and enabling them to be scheme. connected to a network of future drivers for change. Importantly, it will also help mentees Although it is still early days in the scheme’s find their role in multidisciplinary teams at running, it is encouraging to note that it has project, programme, and portfolio levels. This been heavily oversubscribed, which supports is essential if they are to establish themselves the theory that there is plenty of interest in within the industry. the sector. The mentors have the significant challenge ahead of them of supporting the Mentees will also be able to undertake work enthusiasm that the scheme has generated, experience during their studies, giving a task that they are glad to step up to. Other them a flavour of real-world working. With representative bodies have also expressed the support of many companies, the work their interest in following Ground Forum’s lead experience opportunities will take place in the in setting up similar schemes.

Spring.

Mentees had their first meetings with their

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Key considerations before winding down your company Article contributed by James Hutchinson & Sophie-Rose Bowen Beale & Co

T

his article will consider the following: 1. Matters to consider before closing down your company; 2. Obligations to ensure that your company is insured once it has ceased trading; and 3. Why it is important to protect your company against future claims that arise once your company has ceased trading.

1.

Matters to consider before closing down your company Procedure In terms of how to wind down your company, there are various methods available. For the purposes of this article, we will assume the company is solvent at the time of closure.

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Strike-off You may choose to voluntarily strike your firm off the Companies Register, maintained by Companies House, using the method known as “voluntary strike-off” (in accordance with section 1003 of the Companies Act 2006). Note that you will need to distribute all cash and assets in the company before the company is dissolved as otherwise such assets will vest bona vacantia, i.e. belong to the Crown.

This method of dissolution is often an attractive procedure, as it is relatively quick, straightforward and cost-effective. Once a company is struck off the register it is deemed to be dissolved and there is no longer a legal entity (and, therefore, there is no one to sue).

However, note that despite the company’s strike-off and dissolution, future claimants can apply to restore the company to the register at any time, if they have claims against the company.

Although a company does not have to formally There are two main types of liquidation – discharge all of its liabilities before it is struck creditors’ voluntary liquidation (CVL) and off, it must, however, notify all members’ voluntary liquidation contingent and prospective (MVL). A CVL is entered To initiate an MVL, creditors (which would into when a company is you must make a include a party to whom an insolvent (which we will not existing obligation is owed Declaration of Solvency be discussing in this article) but, in respect of which, and an MVL is entered into (for English and Welsh a present liability has not when a company is solvent. companies).

You will arisen and may never arise To initiate an MVL, you need to review your e.g. a potential claim). Note must make a Declaration company’s assets that failure to inform such of Solvency (for English creditors would constitute an and liabilities before and Welsh companies). offence under the Companies making a declaration. You will need to review Act 2006. It will be an your company’s assets and aggravated offence punishable by liabilities before making a declaration. a term of imprisonment if the person’s failure to perform this duty is with the intention of To make a declaration of solvency you must concealing the application. produce a written statement stating that the

“

Solvent liquidation Another method of dissolution is via voluntary liquidation, which is the costliest procedure.

directors have assessed the company and that they believe it can pay its debts in full together with any interest within a specified period, not exceeding 12 months from the

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

commencement of the winding down your company. winding up of the company It is important It is possible to take out (pursuant to section 89 of when making a professional indemnity the Insolvency Act 1986 and statutory declaration insurance to provide the Insolvency (England protection against claims of solvency that the and Wales) Rules 2016). You that are made once a directors assess the will also need to include the company has stopped statement of your company’s actual and contingent trading. This is called run-off assets and liabilities. Once liabilities of your cover. this has been confirmed, company... a shareholders’/members’ Run-off cover is important meeting is convened to appoint a as professional indemnity liquidator to wind down your company. insurance is provided on a claims made basis.

“

It is important when making a statutory declaration of solvency that the directors assess the actual and contingent liabilities of your company (including pending or potential claims) and have reasonable grounds for the opinion that your company would be able to pay its debts in full within the period specified in the declaration (which must not exceed 12 months from the commencement of liquidation).

“

This means that if a claim is made against your company and you want cover to be provided, professional indemnity insurance needs to be held on the date the claim is made against your company, rather than the date of the incident giving rise to the claim.

2.

Obligations to ensure that your company is insured once it has ceased trading

In considering whether Ensuring that Should a declaration of to take out professional there is adequate solvency be made falsely or indemnity insurance runif it is found to be inaccurate insurance in place to off cover, it is important to the repercussions for the consider your company’s protect the interests directors can be very severe, contractual and professional of yourself and your including an unlimited obligations: company against fine and up to 2 years i. Contracts may contain the possibility of imprisonment. It is, therefore, contractual obligations to prudent to ensure that the future claims is a key maintain insurance for 6 or company holds adequate consideration...

12 years from completion professional indemnity of the services or practical insurance to capture any potential completion. Therefore, it would be prudent liabilities that arise in the period specified in to ensure professional indemnity run-off the declaration of solvency. cover is in place until these periods have How can I protect my company against future expired. claims? ii. In addition to your contractual Ensuring that there is adequate insurance in obligations, you may also have professional place to protect the interests of yourself and obligations to maintain run-off cover, as a your company against the possibility of future member of your professional body. claims is a key consideration to be had before

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In the past, Courts have allowed claims to be brought against a professional in their personal capacity in the absence of professional indemnity insurance. If you enter into a contract knowing that you will be closing down your company and that you will not have run-off cover in place, then you risk a potential claimant bringing a personal claim against you (see the decision in Merrett v Babb).

“

Alternatively, some contracts may incorporate bespoke limitation clauses which seek to limit the period of time in which a party can bring a contractual claim against your company.

3.

Why it is important to protect your company against future claims that arise once it has ceased trading?

Contractual liabilities Given the nature of construction-related projects, your company may have contractual liabilities that last for a number of years.

If any of the contracts entered into by your company have been executed as simple

contracts under hand, then your contractual liabilities under that contract should last for 6 years from the date that any cause of action accrued i.e. there was a breach of contract. If your contract has been executed and delivered as a deed, then your contractual liabilities under this contract could last for 12 years from the date of breach of contract.

Alternatively, some contracts may incorporate bespoke limitation clauses that seek to limit the period of time in which a party can bring a contractual claim against your company.

Examples would be clauses limiting your company’s liability to 10 years from the date the practical completion or from the date of completion of your services.

Following the judgment in Inframatrix Investments v Dean Construction, the Courts will try to give effect to bespoke contractual limitation provisions provided that they are

 February / March 2021

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clearly worded.

Before winding down your company, it is important to take a look at the contracts entered into by your company to determine how long professional indemnity run-off cover ought to be required.

Latent defects Latent defects are a common problem in the construction industry. A latent defect is one that appears after a project has been completed and that is not discoverable at the time of its completion.

A claim in tort can take advantage of an elongated limitation period under section 14A of the Limitation Act 1980 which allows a claim in tort to be brought within 3 years of the

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date when the claimant had the ‘knowledge’ required to bring such an action and the right to bring such an action up to a maximum of 15 years from the date of damage.

As professional indemnity insurance is provided on a claims made basis, where a latent defect is discovered several years after completion of the project and a claim is made against your company, the professional indemnity insurers on risk at the time of the discovery of the defect will need to be notified, as opposed to the professional indemnity insurers on risk at the time the cause of action accrued i.e. when there was a breach of duty.

It is important to ensure that there is adequate run-off cover in place following the closure of your company because a latent defect may only be discovered several years after practical

completion, at a time where your company has ceased trading. This is especially so where the client has not taken out a latent defects insurance policy for the project.

projects when considering professional indemnity run-off cover to suit your company.

Key Take Away Points

If you are considering closing your company, we recommend that you give careful In addition to claims in contract and tort, it consideration to your continuing contractual is possible for a defendant party to issue and professional obligations, the potential a “contribution” claim for claims to arise as a result If you are under the Civil Liability of latent defects and the (Contribution) Act 1978 (the potential for “contribution considering closing 1978 Act) against any other claims”. It is prudent to your company, we parties involved in a project maintain appropriate run-off recommend that that also contributed to the cover, to ensure that you can you give careful alleged damage. Contribution meet any future contractual consideration to your claims are particularly liabilities and also that you common in construction continuing contractual comply with the obligations disputes where parties of your professional body. and professional are jointly and severally By choosing not to purchase obligations... liable to the client. In those run-off cover once you have circumstances, a client would be ceased trading, you will able to bring a claim against only one of the lose any benefit of having had any insurance parties it considers to be responsible for the in the past. You will, therefore, not be insured damage, leaving the defendant party to recoup for any claims that may arise out of your past its losses from the other “contributing” parties work, even if you had professional indemnity by pursuing claims under the 1978 Act. insurance at the time you provided the services.

A claim under the 1978 Act can be brought up to two years after the right to contribution Whether you choose voluntary strike-off or accrues, which is the date on which the liability an MVL, you will need to consider any actual of the original defendant is quantified either and contingent liabilities (and again maintain by settlement agreement or judgment. A adequate run-off insurance cover). party shall be entitled to recover contribution We appreciate that many engineers are finding under the 1978 Act notwithstanding that it difficult to purchase run-off cover at an they have ceased to be liable in respect of affordable price and on a basis which does the damage in question since the time when not require annual renewal, leaving the risk the damage occurred. Therefore, the fact that that it might not be available in the future. any contractual or tortious claim against It is, therefore, essential that you speak to your company is now statute-barred would your insurance broker about what options not prevent a party from being able to bring a are available. You should also seek financial “contribution” claim against your company, provided that this is done within the prescribed advice from an accountant/insolvency practitioner about what closure process is two-year period under the 1978 Act. most appropriate and take legal advice on It is pivotal to consider the possibility of any potential liabilities and obligations your “contribution” claims arising on particular company may have.

“Contribution” Claims

“

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Land Contamination and Development – Guidance from Scottish Regulators

Article contributed by Sarah Hamill Contaminated Land Officer, West Dunbartonshire Council

I

t is common knowledge that the UK’s industrial history has left us with a legacy of sites with land contamination issues.

Everyone is keen to see this legacy dealt with and so the opportunities that development and regeneration of these sites provide are welcomed. Even during these difficult times we are fortunate to still see development and regeneration sites coming forward, however, with this comes a wide range of reports. As a regulator we receive reports ranging from the Good, to the Bad and even to the Ugly, and there is nothing that frustrates us more than when we receive sub standard reports that fail to address the main issues of addressing land contamination.

Improving the quality of reports relating to

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land contamination is a popular topic across the contaminated land community and was the subject of a virtual panel discussion hosted

by Environment Analyst on 19th January and also a round table discussion at the recent Brownfield Land Scotland Virtual Conference (2nd-3rd February). There were several suggestions on how we could ‘raise the bar’ but the one theme that carried through was that as a community (regulators, consultants, contractors) we all have a role to play to educate the developers of what is required. It is evident that many developers only appreciate dealing with issues from the ground up and so the ground investigation (especially the assessment of the environmental risks) is often an after thought. This can mean that, by the time the ground is suitably investigated, the design and layout of the development has been decided and so the measures required to deal with what is found can often disrupt the proposals and programme.

As a community, we have a responsibility

to better engage and inform developers.

Pre-application discussions are a good way to do this as this can mean that the ground conditions are considered and sometimes even addressed at an early stage. However, while we may be seeing an increase in preapplication discussions the majority of these are for large scale developments. We, therefore, have a responsibility to ensure that small scale developers also understand what should be required so that they can assess the potential implications of this to their project. To be faced with numerous conditions at the planning stage may be overwhelming especially when they did not even consider it as an issue.

version has been written to also benefit local authority officers, consultants and contractors when preparing and/or reviewing ground investigations, risk assessments, remediation strategies/schemes and verification plans/ reports. This document is recognised and used by the majority of Scottish Local Authorities and is also endorsed by both SEPA (Scottish Environment Protection Agency) and REHIS (Royal Environmental Health Institute of Scotland). To ensure developers are aware of it, many authorities ask that it is included in the planning packs that is sent out with other planning information. EPS had scheduled a launch day for May last year where developers were invited to attend, however, To try and resolve this, the COVID lockdown resulted To try and resolve Scottish regulators produced in this being delayed. It is, a guidance for developers this, Scottish however, still their intention booklet that was published in regulators produced a to run this as, possibly as a 2010. The purpose of this was guidance for developers ‘virtual’ webinar event. In to highlight the key issues the meantime, we would booklet that was that need to be considered appreciate if everyone published in 2010. when embarking on projects could help to promote this where land contamination document and encourage may be an issue as well as highlighting developers to take cognisance of this when the standards expected by Scottish Local working in Scotland.

Authorities. The problem with this was that

“

it was a snapshot of guidance at that time with no one organisation taking ownership of it. A revised version was published in 2019.

It contains more detailed guidance including more information on what is, and, more importantly, what is not acceptable. This time, however, we were fortunate to be able to do this under the remit of Environmental Protection Scotland (EPS) meaning that the most up-to date version could be made available on their website so that any changes and updates could be easily made. https://www.ep-scotland.org.uk/ wp-content/uploads/2019/09/ ConLanDevGuide_12-Aug19-FINAL.pdf While the original document was titled ‘Guidance for Developers’ this updated

As Scotland has a separate regulatory authority there there are some differences on how land contamination issues are assessed when compared with England and Wales (in particular in relation to the water environment) and so this guidance has been written specifically for Scotland. Nevertheless, there are also key issues discussed that apply across the UK (e.g verification) and so this document may act as a useful reference for all. Feedback on this document is welcomed and so if you have any comments then please do email them into admin@ep-scotland.org. uk under the subject title ‘Land Contamination and Development’ so that this can then be forwarded onto members of the steering group.

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Q & A with...

Rachel Griffiths

LLM LLB BEng CEng MICE

Job Title: Contracts and Legal Manager Company: Fugro Brief Biography: I started my career in 1988 as a maritime engineer in design offices and on construction sites in the UK and the Middle East but soon found that I enjoyed the commercial and contractual aspects more than the technical ones.

Once I became a chartered engineer, I moved into contracts full time. I completed my law degree while working as a contract specialist focusing on construction and consultancy contracts.

I joined Fugro in 2013 as legal and contracts adviser for land and marine projects and found that I needed to expand my knowledge to cover ground investigation contracts, so I completed a master’s in oil and gas law and wrote my thesis on offshore wind contracts. As part of Fugro’s European legal team, I now

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advise Fugro on legal and contractual matters regarding onshore and offshore ground investigations in the UK, Europe and Africa.

What or who inspired you to join the geotechnical industry?

I came to the geotechnical industry from the wider onshore construction world, but what attracted me to Fugro was the range of challenges in the offshore work. Whilst I well understood the risks and challenges of ground investigation and construction onshore, undertaking ground investigations offshore is another level of complexity.

The constraints of vessels and resources, and the impact of weather, currents and water depths must be addressed in addition to the usual onshore risks of access and ground conditions. Every day is interesting and challenging.

What does a typical day entail?

At the moment, a lot of sitting at home in my study, attending MS Teams meetings! As a legal adviser, my role is primarily risk mitigation. This

involves advising the Fugro business on commercial contracts with clients, partners, subcontractors and suppliers, both before and after they are signed. As well as having to read a lot of documents, my role involves many internal and external meetings, where I advise the business, negotiate contracts and deal with ongoing client matters. Before lockdown, I often travelled within the UK and Europe to other Fugro and client offices for face-to-face meetings, but now I’m purely home-based. The downside of this new way of working is that tasks are very condensed and sometimes now I attend multiple client meetings a day with little time in between, which squeezes preparation time.

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

In recent years, Fugro’s offshore business has diversified away from oil and gas to supporting the offshore wind industry. During my eight

years at Fugro, I’ve worked on contracts with many renewable clients through our ground investigations and surveys for wind farms. This new industry has required new contracts and contracting practices and I am proud of the way that the industry has responded to develop contracts to balance and allocate the risks involved. It is satisfying to see that some of the wind farms where I advised on the contracts for Fugro’s early ground investigations are now being constructed. It is nice to see that the process produces tangible results in the form of renewable energy projects.

What are the most challenging aspects of your role?

As Fugro covers such a range of work, including geotechnical and geophysical investigations

for offshore and onshore work supporting major infrastructure projects, as well as marine construction, metocean and consultancy services, the main challenge is dealing with the different contracts, risks and issues that arise across such a diverse workload. This often means jumping from one thing to another, but the upside is that it is never boring.

What AGS Working Group(s) are you a Member of and what are your current focuses?

I am a member of the Loss Prevention Working Group (LPWG). This parallels my role in Fugro, as it is focused on risk mitigation. The LPWG’s role is to advise members on matters related to the risk that may affect the work they do, and balance the contractual

risk fairly between clients and contractors and consultants.

To do this, we keep abreast of current issues that affect our industry, including legislation, case law and the publication of new codes and standards, in addition to sharing our own experiences as industry professionals. We then provide advice and support to the AGS through published guidance and alerts, magazine articles and, more recently, through our seminars and webinars on risk mitigation.

What do you enjoy most about being an AGS Member?

I enjoy the discussions at the LPWG meetings, as the group has a range of members from around the geotechnical industry, representing clients, contractors, and consultants ranging from  February / March 2021

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“ Sharing these papers

with my colleagues helps provide a firm understanding of commercial risks and how to address them.

What does your company find beneficial about being an AGS Member?

In my role as Fugro’s legal adviser, I find the publications and papers provided by the LPWG on commercial risk mitigation issues helpful as they provide a good resource for guidance on the risks and concerns which affect professionals working in the industry. Sharing these papers with my colleagues helps provide a firm understanding of commercial risks and how to address them. These resources are mirrored by similar resources, which are provided by other groups within the AGS, to support members in other professional and technical aspects of their business, I think the industry as a whole benefits from this pooling of knowledge and sharing of expertise.

individual specialists to large companies, and also the lawyers and insurers who provide vital support. This cross section of perspectives means we have lively

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discussions which we can then consolidate into useful guidance, which we publish to help our colleagues across the AGS.

Why do you feel the AGS is important to the industry?

I think the AGS helps at all levels because both experienced practitioners and young professionals benefit from the range of resources

and support provided by the AGS. Young geotechnical and environmental engineers and other specialists should be encouraged by employers such as Fugro to seek out and use the guidance available as it is certainly helps their careers.

In addition, experienced professionals who come across a new issue where they need guidance or reassurance can similarly benefit. The chances are that someone else has encountered and overcome the same issue before and help is available.

What changes would you like to see implemented in the geotechnical industry?

With my focus on contractual

“

matters, construction to In addition, particularly use on ground experienced for onshore investigations. infrastructure The problem professionals who work, I with this is come across a new would like that the risks issue where they to see more are quite need guidance or development different and, reassurance can on the therefore, production not properly similarly benefit. of bespoke addressed contracts that recognise in these other standard that geotechnical ground contracts. This effectively investigations and reporting forces the parties to negotiate are somewhere between their positions on the key risks “Works” and “Services”. from scratch on every project, Obviously the ICC Ground which takes time and energy Investigation conditions are that could be better spent developed for this purpose but, elsewhere. I would like to see increasingly often, UK onshore more consensus across the clients or their advisers seek to industry to address this issue. adapt other forms of contract designed for consultancy or February / March 2021

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AGS Working Group Focus

Laboratories Overview environmental chemistry and lab testing industry.

Will Fardon, who is the new Leader of the AGS Laboratories Working Group, has provided an update on the top issues the Laboratories Working Group discussed at a recent meeting which took place virtually in January 2021.

1.New Working Group Leader Will Fardon has recently taken over as Laboratories Working Group Leader. Will is currently the Technical Sales and Training Manager for i2 Analytical and Will’s background is predominantly within the 32

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As the new Leader of the Labs WG, Will hopes to build on the work done within the group in recent years and expand the discussions on a broad range of subjects across the full selection of analytical areas that contribute within the industry, and also help expand the reach of the group to a new and wider audience.

2. Sample Qualities / Quantities A document on sample qualities and quantities is being finalised by the Laboratories WG. This document should assist with obtaining the correct sample qualities / quantities from clients.

3. BS EN ISO 17892-12 Following discussion within the Laboratories WG, a proposal has been put forward to change the current requirements for the

measurement of wear of the cone penetrometer in standard 17892-12.

4. Increasing member participation The Laboratories Working Group continues to look for new participants from members and to also encourage more people within the industry to become members of AGS. The aim of the Laboratories Working Group moving forward is to represent all laboratories, bringing more focus to geotechnical and geoenvironmental testing. We hope though meaningful discussion and diverse input from across the industry we can help to drive positive change and also provide an increased amount of educational material to our members.

If you wish to attend AGS Laboratories Working Group meetings, please contact the AGS Secretariat by emailing ags@ags.org.uk.

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C o m m u n i c a t e with industry leading practitioners, academia, suppliers and manufacturers.

P r o m o t e your specialist services, latest products and innovations.

N e t w o r k with peers, suppliers, manufacturers, new potential clients and customers.

L e a r n about different approaches, techniques and what is going onwithin and around the industry, as well as discovering new business opportunities.

What Exhibition Packages are available?

Exhibition Packages for Geotechnica 2021 start from as little as £875 + VAT. There are stands available indoors as well as outdoors, so if you have plant or equipment that you would like to display or even demonstrate, we can help you find the perfect space to do so.

NEW FOR 2021: AGS Members can obtain a 10% discount on all exhibition packages. Contact Geotechnica organisers for more information.

How do you register?

Simply head online to www.geotechnica.co.uk to register to Sponsor, Exhibit or Visit.

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Upcoming Events SiLC Annual Forum 2021 The SiLC Annual Forum is taking place on the 30th March 2021 as a webinar this year, register your place via our website https://www.silc. org.uk/news/silc-annual-forum-2021-30th-march-2021/ or contact SiLC for more details – SiLC@SiLC.org.uk The ticket prices are; • SiLCs - £45 + VAT • Local Authority – free • Retired SiLCs– free • Non SiLCs- £75 + VAT Thank you to Diamond Sponsor Jackson Remediation Ltd Jackson Remediation is a specialist Remediation and Enabling contractor which focusses on value creation and quality delivery, drawing upon deep technical expertise and profound understanding of the construction process. By consistently striving to address contamination issues in the most robust yet cost effective manner, clients never need to choose between price and quality again.

We have gold sponsorship and bespoke packages available – contact SiLC@SiLC.org.uk Confirmed speakers and presentations include: Joe Jackson, Jackson Remediation Ltd - Importance of Early Contractor Engagement and Mechanisms for Transparent Risk Identification, Apportionment and Mitigation Alan Thomas, Technical Fellow, ERM & Co-Chair of SuRF UK - The SuRF UK Sustainability Process and Indicator Guidance Ellanor Joyce, Senior Project Manager, Winfrith End State Project, Magnox Ltd- Phased assessment of land quality for the Winfrith site through the final stages of decommissioning to support site closure Dr. Tom Henman, Director at RSK Geosciences and Deputy Chair of the SiLC PTP- Effective Risk Communication and Stakeholder Engagement Dr. Paul Nathanail, Technical Director Contamination Assessment and Remediation at GHD UK and Deputy Chair of the SiLC Board - Professional Qualifications and their recognition in a post-Brexit world Ann Barker & Rebekah Norbury, on behalf of NCLOG- NCLOG introduction and an updated CLO perspective of the NQMS

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Brownfield Summit 2021 Environment Analyst’s Brownfield Intelligence Network event Brownfield Summit is returning for its second year! This online summit will consist of two separate conferences on Ground Gas (910 March) and Groundwater (20-21 April), and has been designed for a broad range of brownfield professionals, including business leaders and early career professionals.

If you are involved in monitoring and risk assessing contaminated land or groundwater; installing, monitoring or verifying ground gas protection measures, or developing remedial strategies, then this event provides the perfect opportunity to update yourself on latest guidance and new practices.

Listen to live online presentations, put questions to expert speaker panels and network with fellow brownfield professionals in the virtual conference and exhibition lounge.

Find out more: http://bit.ly/3d3HmEz

Industry Events Calendar March 2021

July 2021

9th - 10th March 2021 Brownfield Summit: Ground Gas

7th & 8th July 2021 - Geotechnica 2021: The UK’s Premier Geotechncial Conference and Exhibition

23rd-26th March 2021 – BGA Piling 2020 Conference 30th March 2021 - SiLC Annual Forum April 2021

September 2021 22nd September 2021 – AGS Data Format Conference

20th - 21st April 2021 Brownfield Summit: Groundwater

23rd September 2021 - AGS Annual Conference

29th April 2021 - AGS Webinar - Ground Risk: Landslide Risk Reduction

AGS Webinar - Net Zero Carbon

June 2021

November 2021

AGS Webinar - Laboratories

AGS Webinar - Geotechnical Baseline Reports

October 2021

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Training Courses Equipe Training: Specialist Geotechnical Courses Equipe Training are delighted to confirm that their specialist geotechnical training courses are continuing to be delivered, both in person at our dedicated training facility just outside of Banbury, Oxfordshire., and also online via Zoom! The in-person courses will be operating with limited places to ensure social distancing.

Available upcoming dates are provided below: •

31st March 2021 - Professor David Norbury’s Soil Description Workshop

•

21st July 2021 - Professor David Norbury’s Rock Description Workshop

•

5th May 2021 - Earthworks Design and Construction (Online Course)

•

17th March 2021 - Geotechnical Foundation Design (Online Course)

•

18th March 2021 - Slope Stability Design (Online Course)

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

Equipe 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 resumed being delivered in person, as well as being delivered online where required.

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 have limited numbers of places available in order to maintain social distancing within the classroom environment. Upcoming dates include: • 8, 10 & 12 March 2021 (Online Course) - IOSH Safe Supervision of Geotechnical Sites • 27th May 2021 - IOSH Avoiding Danger from Underground Services • 7th – 8th April 2021 (Online Course) - Managing and working with Asbestos Risk in Ground Investigation (MARGI) Places on these courses can be booked online here, or via contacting Equipe on +44 (0)1295 670990 or info@equipegroup.com

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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 Executive meeting.

The deadline for the next round of completed applications is Tuesday 11th May 2021.

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 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, Instrumentation & Monitoring 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.

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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 that 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 Jackson Remediation

Stuart Wells Limited

The Long Barn Cobham KT11 3NE

Stuart House Hargham Road Shropham, Norfolk NR17 1DT

T: 01932 550911 W: www.jacksonremediation.co.uk Email: hello@jacksonremediation.co.uk

01953454540 www.stuartwells.co.uk enquiries@stuartwells.co.uk

AGS Dates for Your Diary Ground Risk: Landslide Risk Reduction (webinar)

Annual Conference (live event TBC) •

Date: Thursday 23rd September

•

Date: Thursday 29th April

•

•

Time: 11am

Location: National Motorcycle Museum, Birmingham

•

Duration: 1.5 hours

Net Zero Carbon (webinar)

Laboratories (webinar)

•

•

Geotechnical Baseline Reports (webinar)

Date: June

Data Format (live event TBC) •

•

Date: October

Date: November

Date: Wednesday 22nd September

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