ask the
EXPERT
Office space configuration has changed
Nicola Ford, Partner, at Plann:d, a division of LOF Office Furniture, answers questions on how lockdown has affected their business. TWELVE MONTHS ON FROM OUR FIRST NATIONAL LOCKDOWN, HOW HAVE YOU HELPED COMPANIES RE-EVALUATE THEIR OFFICE DESIGN AND SPACE NEEDS? While initially our role was adapting existing spaces, installing screens, sanitising stations and providing furniture for people to work from home, this soon changed. It then became more about redefining workspaces
to suit the new way of working. This included reducing the number of desks and introducing agile working, utilising free space for collaboration and breakout as people prepare to return to the office. AS WORKING FROM HOME HAS BECOME THE NEW NORM, HOW HAS THIS CHANGED THE DAY-TO-DAY RUNNING OF YOUR BUSINESS? The single greatest change I have seen is the increased need for communication. This isn’t just about ensuring that the business can continue to operate effectively with people no longer able to talk to one another across an open plan office. It’s far more important than that. It’s about keeping an eye out for each other, ensuring mental health is high on the agenda and understanding that remote working is not always easy. LOOKING AHEAD, HOW DO YOU EXPECT TO BE WORKING WITH COMPANIES RETURNING TO OFFICE LIFE AND THOSE STILL WORKING FROM HOME? I don’t believe we will see a mass return to
the office when restrictions are eased. The pandemic has been a catalyst for many businesses to re-evaluate their space needs. We are already seeing large companies choosing to downsize their office spaces where they can. Of course, with this comes a whole new set of challenges, such as storage, collaboration, better usage of space and greater hygiene requirements. I don’t see that our role will have changed that much – we will still be partners and advisors to our clients. There are just more considerations to add into the mix when designing any office space. SINCE THE CORONAVIRUS PANDEMIC FIRST HIT, WHAT OPPORTUNITIES HAVE PRESENTED THEMSELVES TO YOU AND YOUR BUSINESS BOTH LOCALLY AND FURTHER AFIELD? The most obvious is the increased demand for our services. Much more importance is being placed on space planning and, businesses that might have tried to do it themselves in the past have realised that there is a lot more to it – and that it is worth the investment.
The Final Certificate - Beware of the Conclusivity Trap under JCT Contracts What trap? You the Contractor have a JCT Contract with clause 1.9, the Final Account is not agreed, defects period and rectification are done, you say £300K they say £100K. The Final Certificate is issued by the Employer for £100K, you object and say it is £300K. Then 28 days goes by and you ask Arbicon to Adjudicate for the £200K difference. Arbicon say… there is nothing more we can do, the £100K is final and binding. Why? How can that be when you objected? Let Simon Dunkling, Director at Arbicon, explain… WHAT IS THE FINAL CERTIFICATE UNDER THE JCT CONTRACT? The Final Certificate ends the contract, it states the Contract Sum as adjusted, less interim payments and the final payment to 14 connected
be made. It can be issued after the latter of: 1. The end of the rectification period, 2. The issuing of the Certificate of Making Good Defects 3. The issuing of the statement of final adjustment to the Contract Sum. The Final Certificate has the effect of not only triggering the final payment mechanism, but also the conclusivity provision contained at clause 1.9 of many JCT forms. Clause 1.9.2 provides that the Final Certificate becomes conclusive evidence that all provisions requiring monetary adjustments to the contract sum, loss and expense reimbursement, and extensions of time have been effected and finally agreed. In our scenario, the Employer has issued a valid Final Certificate.
