Building Business October 2019

THE LATEST NEWS FROM YOUR BUILDING SUPPLIES SPECIALIST

Looking at health and safety from a different angle

When are your retentions payable?

03

07

Fantastic savings, bonuses and

exclusive offers on Makita power tools and accessories

Your pull-out catalogue enclosed

ISSUE 87

Seven ways to wow clients and dominate your niche 11

O 20 CT 19

What's wrong with the business of fishing?

18

SAFETY

SAFETY

Looking at health and safety from a different angle

Keep it clean, keep it stable

ISSUE 87: OCT 2019

In this issue 17

03-04

FISHING

PROMOTION

What’s wrong with the business of fishing?

18-19

Atlas Trade cutting tools

06

FISHING

LEGAL

Matt Watson: When it all comes together

When are your retentions payable if you have been booted off the site?

20-21

07-09

THE APPRENTICE

PROMOTION

22

The apprentice diary: entry #18

Staffy electric scooter giveaway

10

LBP CODEWORDS

BUSINESS ADVICE

24-25

Health and safety by design & Quiz

Seven ways to wow clients and dominate your niche

11-12

LBP CODEWORDS Organising elective skills maintenance & Quiz

26-27

PROMOTION

PRODUCT KNOWLEDGE

Hand tools

13

Insta-worthy townhouses use beautiful James Hardie Linea™ Oblique™ Weatherboard

INSURANCE

29-30

Yet more obligations on builders?

15-16 HIGHLIGHTS Cutting tools on promotion

Staffy electric scooter giveaway

Hand tools on promotion

When it all comes together

LBP Codewords and Quizzes

P06

P10

P13

P20

P24

Building Business contributes towards your LBP skills maintenance requirement.

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Building Business is a bi-monthly magazine produced by ITM Support Office. For feedback or address updates contact: ITM Support Office, PO Box 101556, North Shore, Auckland. Email: buildingbusiness@itm.co.nz Ph: 09 415 2787.

Airborne contaminants are a serious health risk due to high levels of exposure, particularly in the construction and manufacturing industries.

Regularly breathing in airborne contaminants can cause serious damage to your health. Unfortunately, by the time it is noticed, the total damage done may already be serious and life changing.

CONTINUE >>

SAFETY

Looking at health and safety from a different angle

03

04

SAFETY

Recent media activity has drawn attention to the devastating effects of illness caused by airborne contaminants. The stone benchtop manufacturing industry in particular has been in the news in both New Zealand and Australia drawing attention to workers being exposed to high levels of respirable crystalline silica (RCS).

Every person on site is responsible for Health and Safety, it doesn't only sit with the boss. All principal contractors must look after the health and safety of themselves, their workers and anyone who visits their work site. Building contractors and their subcontractors also share this responsibility and must have processes in place to look after the health and safety of their workers and others present on the same worksite.

Where there is more than one contractor working on the same work site, they have a responsibility to work together, sharing safety information and ensuring work is completed safely for all. It is more likely that a business will be successful in this if they: ☐☐ Plan ahead, by thinking through every stage of the work, and recognising how the work could affect other businesses and the public ☐☐ Identify the health and safety risks that need managing ☐☐ Consult with other businesses to agree on how to control each risk ☐☐ Consult with other businesses to decide who will control each risk ☐☐ Clearly define roles, responsibilities and actions, and explain these so everyone knows what to expect ☐☐ Provide appropriate PPE, suited to the task (if necessary)

What can I do?

Where the risk of airborne contaminants cannot be eliminated or the resource cannot be substituted, minimisation controls should be put in place such as: ☐☐ Wetting work materials, work processes and work areas with fine water mist

PPE shouldn’t be the first, or only, control measure as it’s the least effective. PPE needs to be suitable for the task and in accordance with the Safety Data Sheet (SDS), such as respiratory protection, hearing protection, overalls, gloves, hard-hat and eye protection. It is a good idea to seek professional advice about the right type of respiratory equipment you need as well as fit and testing.

Know what processes are in place on the site Airborne contaminants can affect those who are creating the hazard as well as those in close proximity through inhalation, ingestion or absorption. The effects of airborne contaminants are not always instant.

Knowing how to manage and minimise the risk is key. The HazardCo App is one tool you can use to regularly perform site reviews to identify hazards and choose the controls that will be put in place. The app also helps you complete toolbox talks where hazards and their controls can be talked about with everyone present on site. The step by step risk assessment feature is perfect for team members and subcontractors as it puts the best practice guides for critical risks in the hands of those who can control them.

Know what you're working with Knowing the product or material you're working with provides an understanding of the risks involved and how to best manage them. Where products or materials present a health risk ensure the Safety Data Sheet (SDS) and, if applicable, Technical Data Sheets (TDS) are readily available and have been read and understood by those using the resource.

Monitor exposure Exposure monitoring will confirm whether workers are exposed to a substance at potentially harmful levels and will determine if existing control measures are working effectively. This doesn’t replace the need for other control measures to be in place to reduce exposure.

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Monitor worker health

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Ongoing health monitoring should be provided to all workers who may be exposed to airborne contaminants. Monitoring should include lung function testing and a respiratory questionnaire.

☐☐ Appropriate respiratory protective equipment which is fit tested to the user

WorkSafe New Zealand has excellent resources on airborne contaminants in general and silicosis specifically. Check out their resources online if you need more information. If you're a HazardCo member give our advisory team a call!

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When are your retentions payable if you have been booted off the site?

Sometimes a subcontractor has to wait a long time for the release of its retentions, especially if it did its work very early in the piece (such as site decontamination, earthworks, or foundations), and the defects notification period specified in the head contract is particularly long. It’s bad enough having to wait until everyone else has finished their work.

What if you have had a falling-out with the head contractor, and it has terminated your subcontract (rightly or wrongly) long before you were due to finish? Do you still have to wait, or can you claim your retentions there and then?

LEGAL

Retentions are a common feature of commercial construction contracts, and some residential construction contracts. They are deducted from each payment claim and paid out at the end of the project, to create a financial incentive for the contractor to complete all unfinished work and rectify all identified defects after he has completed the bulk of his work and has been paid for it.

07

The issue arose in a 2017 case There doesn’t appear to be much case law on the subject, but the situation did arise in a scrap between Security Systems Ltd and Smart Controls Ltd which was fought out in the High Court in 2017.

Security Systems was subcontracted to provide security services for the Fletcher Campus at Penrose, Auckland, and it sub-subcontracted the CCTV work to Smart Controls. Eventually they had a dispute over payment, and Security Systems took umbrage to an abusive phone call from the owner of Smart Controls. So before Smart Controls had completed their CCTV work, Security Systems told them to pack up and leave, which they did.

If you have had a falling-out with the head contractor, and it has terminated your subcontract long before you were due to finish do you still have to wait, or can you claim your retentions there and then?

CONTINUE >>

08

LEGAL

Smart Controls then tried to recover the debt they believed they were owed, a lot of which related to retentions. The contractual arrangement was that retentions of 10% could be withheld until satisfactory rectification of all defects identified during the defects notification period, which was 12 months after the issue of the certificate of practical completion. But Smart Controls argued that it was entitled to its retentions immediately, because the sub-subcontract had been cancelled.

Associate Judge Bell expressed some doubt about whether an abusive phone call was enough to justify Security Systems in cancelling the subsubcontract, but he didn’t need to make a final ruling on the subject. On the issue of whether the cancellation meant that Smart Controls was entitled to its retentions immediately, he was prepared to entertain the idea, but was reluctant to make a final ruling because he was concerned that the head contract (which was NZS 3910) might have something to say on the matter, but he had not been shown it. So he left the question open (quite rightly I think). The purpose of this article then, is to answer the question that Associate Judge Bell had been unable to answer.

What do the standard-form contracts say?

Retentions are only deductible if the construction contract says so – there is no statutory right to withhold them. However, all standard form commercial construction contracts, and some residential construction contracts such as NZS 3902, provide for retentions.

For example, the NZIA Standard Construction Contract SCC 2018 provides for retentions of 10% of the first $200,000, 5% of the next $800,000, and 1.75% of the rest, until a maximum of $200,000 is held. 40% of the accumulated total is released after certification of practical completion, and the balance is released steadily during and after the Defects Notification Period (which is typically three months or longer) until all omissions and identified defects have been rectified and all deferred work completed. The amount released is the total of all remaining retentions, less the cost to complete the work remaining to be done by the contractor. If the contractor fails to complete the job, any remaining retentions can be used to get someone else to do it.

Retentions are only deductible if the construction contract says so – there is no statutory right to withhold them.

Under NZS 3910:2013, the same percentages apply and the same maximum total retention, but 50% of the accumulated total is released after certification

of practical completion. Under the special conditions of contract you can modify that arrangement, and you can provide for the contractor to put up a bond in lieu of retentions. If at any time during the project the contractor defaults in a major way, the Principal can either terminate the contract or resume possession of the site. Assuming the Principal elects to complete the contract works or arrange for someone else to do so, then the contractor who is owed the retentions is not entitled to any further payment until the completion of the contract works (see clauses 14.2.3 – 14.2.5).

Section 18I implies that the contractor has to receive its retentions no later than the date on which it has performed all of its obligations under the contract to the standard agreed under the contract.

Does the Construction Contracts Act change things?

The situation was further complicated when Subpart 2A of the Construction Contracts Act 2002 (the “CCA”) came into force on 31 March 2017.

Since then, retentions in commercial construction contracts (as defined in the Construction Contracts Act 2002) are required to be held in trust for the intended recipient in cash or other liquid assets, to avoid those retentions being lost if the Principal becomes insolvent. Under the CCA a “commercial construction contract” means a contract for carrying out construction work in which none of the parties is a residential occupier of the premises. That means that even some residential projects will be subject to the CCA retentions regime - notably those where the owners don’t intend to personally occupy the premises, and all construction contracts such as subcontracts where the contractor is not contracting with the intended occupiers.

Section 18I of the CCA now provides that: Any term in a construction contract is void that purports to: a) make the payment of retention money conditional on anything other than the performance of [the contractor’s] obligations under the contract; or b) make the date on which payment of retention money is payable later than the date on which [the contractor] has performed all of its obligations under the contract to the standard agreed under the contract.

Section 18E of the CCA says that retentions held in trust must not be forfeited for any purpose other than to remedy defects in the performance of the

09

That leads you to ask, when you are a contractor and you have been booted off the site (rightly or wrongly), haven’t you been prevented from remedying any defects in your work? And haven’t you been prevented from performing all of your obligations under the contract to the standard agreed under the contract? In which case, shouldn’t you be entitled to the release of your retentions right now?

I think the answer is that you have to wait. Even if the Principal was not justified in cancelling your contract, you are in no worse a position than if you had done the whole job and waited out the defects notification period. And it is not until practical

completion that the architect or engineer is able to truly focus on what work remains unfinished and what defects need rectification. At that time, your work may be found wanting, and they may have to pay someone else to fix it up. Yes, the cancellation of your contract has meant that you no longer have any obligation to complete the work, but you are still liable for the extra cost of getting someone else to do so, assuming the cancellation was legitimate.

And if the cancellation wasn’t legitimate, you can at least claim for the losses you suffered as a result – which would include the unlawful forfeiture of your retentions.

LEGAL

contractor’s obligations under the contract. But assuming there is no forfeiture, section 18I implies that the contractor has to receive its retentions no later than the date on which it has performed all of its obligations under the contract to the standard agreed under the contract.

by Geoff Hardy Auckland Commercial Lawyer

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Geoff Hardy has 44 years’ experience as a commercial lawyer and is a partner in the Auckland firm Martelli McKegg.

He guarantees personal attention to new clients at competitive rates.

His phone number is (09) 379 0700, fax (09) 309 4112, and e-mail geoff@martellimckegg.co.nz.

This article is not intended to be relied upon as legal advice.

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11 BUSINESS ADVICE

Seven ways to wow clients and dominate your niche It sounds so easy: go out on your own.

Provide excellent service. Get referrals, repeat work, 5-star reviews, and a reputation as one of the best.

Have you ever had something go wrong on a job and despite your best efforts, the client ended up unhappy with how long it took – or worse – disagreeing with you over the price?

No doubt about it, customer service is important.

And good communication certainly isn’t the only factor.

Some other things to consider:

1

What does the wow look like?

Everyone from sales rep to technician or tradesmen working onsite, should have a clear understanding of what’s expected around customer service.

A great way to get everyone on the same page is to “define the wow”. In your next team meeting, ask everyone to describe customer service experiences they’ve had personally. Write all these up on the whiteboard. What are the common themes?

Put yourself in the customer's shoes — what expectations would you have – if you were the client?

How can you set the bar on the first interaction – and match or exceed that each time you have contact with the client, all the way through?

Just like there are procedures on how to carry out work, there should be procedures in dealing with customers.

2

Little things make big waves Sometimes it’s the smallest action that can make the biggest difference; arriving on time, not walking on grass/gardens, using client’s name, taking off boots (or wearing covers) before stepping inside, leaving things clean and tidy, bringing in the bins for a customer. Clients really notice that stuff, especially if they’ve had bad experiences with tradies in the past.

The little things show your commitment to raising the bar and build trust and loyalty.

Did you know acquiring a new client costs five times more than getting repeat work from an existing one?1

3

Customer service is an inside job Customer service starts with culture.

How you treat and speak to your staff has a direct impact on how they treat and speak to clients.

Lead by example. If you refuse to compromise quality and standards, and only speak about clients respectfully, your team will see that and follow suit.

The fish stinks from the head down.

Another tip: when staff ask you what to do, say “what would you do?” As leaders, we like to “tell”. Instead, empower them to figure it out.

With enough training, in time they won’t need to ring you, and you’ll be confident they know how to handle things exactly as you would.

That’s why hiring staff not just on experience but based on attitude and willingness to learn, is often a winning move.

CONTINUE >>

12 Also, give specific positive feedback, so they know

BUSINESS ADVICE

exactly what they’re doing right.

As the owner, you’re invested in building a good reputation and making your company successful. If you can’t say the same for your staff, it’s time to train them to think more like you. Show them a career path (not just a job). Incentivise them for hitting targets and going above and beyond for clients.

Set the expectations and spend time educating your employees.

4

Miscommunication leads to misunderstanding - which never leads to anything good

One thing’s for sure: Open communication is key.

Give clear expectations to the client. Be transparent from the very beginning. Especially around pricing, timelines, and any variations.

Be sure sales staff aren’t making promises tradesmen can’t keep.

Always acknowledge and inform the client if problems arise. Let them know you have a solution – they will appreciate your forward-thinking.

Explain the costs involved (if any) and why it’s needed.

Leaving it – or going ahead without explanation – is likely to cause headaches later.

Project Management software like Buildertrend or Simpro also have time-saving features like the ability to track leads and a customer portal to streamline all communication and decisions in one place.

5

Feedback is the breakfast of champions An issue bought up by a customer is actually a

good thing. It’s an opportunity to see your business through the eyes of the client. Take it as a chance to

6

Look to build a relationship (not make a sale) This is a much easier way to win jobs.

It’s even been found that 68% of clients are willing to spend more when a company provides excellent service through the buying process.2 So when quoting, be intentional about building rapport, and listen carefully to what the client wants, rather than jumping in to offer a solution too quick.

Be prompt and friendly with communications and keep language friendly – words like “company policy” are a big turn off!

7

Your reputation hinges on consistency 67% of clients say they’d actively discourage others from using a company that provided poor service.2

One bad experience can, unfortunately, be talked about online again and again. Word of mouth is now on steroids. Potential clients can easily find reviews (good or bad) in seconds.

The bottom line is, you’re not the only one representing your company, so there needs to be consistency.

The best way is to create systems within your business which everyone follows. Then check in regularly with staff and track your KPIs around customer service.

Systemise and automate your customer service as much as possible, so you can stay on top of your game, and avoid the stress of unhappy clients. Even if it goes wrong, it can’t go too wrong, or too far, without you knowing about it.

Can you really afford not to?

by Daniel Fitzpatrick

prove how good your customer service really is.

Deal with complaints ASAP and rectify the problem.

Leaving it to resolve itself will almost always make things worse.

A complaint is a customer reaching out for help. Even if they’re taking personal digs, or having a bad day and taking it out on you, keep your cool.

Daniel Fitzpatrick is a business coach for trades & construction business owners.

Find him at NextLevelTradie.co.nz

If handled well, clients can end up being bigger fans than if the issue never arose.

When a customer says they’re not happy, what do your guys say to that customer? Have a process, and

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make sure everyone knows what it is.

Also, keep in touch with clients after jobs. Ask them “How can we improve?”

Feedback is how you get better.

1. Did you know acquiring a new client costs five times more than getting repeat work from an existing one? https://www.invespcro.com/blog/customer-acquisition-retention/ 2. Gladly’s 2018 Customer Service Expectations Survey: https://www.forbes.com/sites/shephyken/2018/08/05/what-customerswant-and-expect/#3ce7ada27701

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Yet more obligations on builders?

One recommendation from the review would: “Require that a guarantee and insurance product is put in place for all residential new builds and significant alterations. Homeowners would be able to actively opt out of having a guarantee and insurance product.”

If implemented, only builders who can offer this “guarantee and insurance product” would be able

to build residential homes or do major alterations.

Where this line is drawn hasn’t been decided yet, but the three suggestions are: 1. Alterations over $30k, or 2. Alterations over $100k, or 3. Alterations involving structural or weathertightness work In other words, builders who can’t access this insurance would only be able to work on smaller residential projects or subcontract to another builder that can.

CONTINUE >>

INSURANCE

MBIE are currently reviewing aspects of New Zealand’s building system.

Part of this review includes how risk is allocated across the various players in the sector.

15

16 If this proposal makes it into law what would it mean for you?

INSURANCE

As it currently stands there are four ways you could comply with this new rule: 1. Join the Registered Master Builders Association 2. Join the New Zealand Certified Builders Association 3. Become accredited with Builtin Insurance 4. Register and be approved by Stamford Insurance Each option has its pros and cons, but all have membership or assessment criteria you must meet before accessing their guarantee or insurance product.

According to MBIE’s discussion document: “Builders who don’t offer a guarantee and insurance product would face financial penalties. Related obligations would be included in the licensed building practitioner scheme requirements.”

MBIE estimates that taking out such a policy adds around 1% to the cost of each build. This is passed on to the homeowner, who is the beneficiary of the policy. They believe that this extra cost is more than made up for by the benefits. These are primarily: 1. Insurers’ compliance requirements would increase quality and financial solvency standards across the industry 2. Losses suffered by BCAs and individual homeowners from building failures would be reduced, as these would be covered by insurance BCAs would be responsible for monitoring compliance with this new system and registering policies on the LIM.

Why is MBIE recommending this change?

Their main aim is to ensure homeowners are better protected if something goes wrong with their building work. MBIE’s research showed that homeowners have a low understanding of the risks they face. This may mean that they fail to take adequate steps to manage their risks. They estimate that much less than half of all new builds and major renovations have any form of independent guarantee or insurance in place.

The two primary risks faced by homeowners are: 1. That their building work isn’t completed due to the builder going out of business

make the builder responsible for defective building work for up to 10 years. However, statistics show that many building companies simply don’t survive to be around if/when a problem arises that far down the track. And these laws don’t provide any protection if the building company goes bust during the build either. This has led to the recommendation that a guarantee or insurance product become a requirement, with homeowners able to opt out if they wish.

This system is common overseas, with most Australian states requiring some form of warranty insurance. In the UK it is compulsory by default, as banks won’t lend for new residential builds without one.

A two-year transition period If this proposal gets the green light, changes would need to be made to the Building Act and to regulation. There would be a two-year transition period to allow builders to secure access to a suitable guarantee or insurance product.

It should be noted that similar proposals have been floated to and by the government of the day for 10 years. There is a political consideration to any change that would add to the cost of building houses, so whether or not these recommendations ever make it into law is a big question.

IN A NUTSHELL MBIE’s main aim is to ensure homeowners are protected if something happens during their project, or if defects arise later. They are concerned that the current approach of mandatory disclosure requirements is not increasing the uptake of this type of insurance.

MBIE’s proposal is to legally require all builders that want to do new residential construction and major alterations to provide a guarantee or insurance product (homeowners will be able to opt out). Builders who can’t meet insurers’ standards will not be able to do this type of work directly for the public. This is only a proposal for now and has not been accepted by the Government.

by Ben Rickard Builtin Insurance Advisor

2. That their finished house or renovation work will have defects Currently, both the Consumer Guarantees Act and Building Act include significant protections for homeowners, including implied warranties that

Builtin Insurance are New Zealand’s trade insurance experts. For more information and an instant quote visit builtininsurance.co.nz or contact Ben Rickard at ben@builtin.co.nz or 0800 BUILTIN

17

Sometimes it’s the humble broom which can be a hazard on a worksite.

Keep it clean

“Even the platform ladders – that have the handle that comes up above them – often make people feel a little too confident. So they over-extend and lean out to the side causing a fall."

Site Safe contractor and health and safety consultant Kelvin Sparks says lots of bits, pieces and particles get generated on a building site and the last thing that’s needed is for them to become airborne.

"I would much prefer the guys use a mobile scaffold – it’s a bit more work for them but it’s certainly a lot safer."

“There’s silica from concrete dust, wood dust from treated timber, fibreglass fibres from Batts and it’s all lying around the site.”

Both health and height issues are being reviewed now.

He says tidy tradespeople tend to grab a broom to clean things up, but this can cause problems.

“All of a sudden you’ve created a potentially toxic cloud of silica, fibreglass and treated timber dust and workers are breathing that in.”

He says when it comes to cleaning up, people must use an effective dust mask or respirator. And when vacuuming hazardous materials such as silica, an H-class rated vacuum cleaner will need to be used definitely not brooms or blowers.

Workers must also decontaminate themselves, he says, changing out of their work clothes before going home.

Under review

WorkSafe is looking at silica and accelerated silicosis and the Ministry of Business, Innovation and Employment (MBIE) is doing a review of regulations around plant, heights and excavations.

The concerns about silicosis are part of the bigger picture of looking after individual health.

The WorkSafe review is based on concerns about the growing numbers of people affected by silica dust from artificial stone causing lung damage. As at July, 130 workers in Australia had been diagnosed with silicosis, an untreatable lung disease which can be fatal.

“Otherwise all those substances get on their overalls and their hi-viz and they hop into their ute which contaminates it, and then they go home and cuddle their kids and contaminate them."

“And on weekends they all hop into the work vehicle to go to sports and breathe in a bit more. Kids lungs are smaller and they can’t cope with that stuff.”

Keep it stable The other key thing he is always concerned about on sites is keeping people safe when they must work at heights.

He says falls are usually the leading cause of death and injury in the construction sector.

“We all have to be aware of the dangers of working at heights, of any level and make sure we take appropriate steps to ensure our safety when working at heights."

The Christchurch-based safety practitioner says he’d like people to get right away from three and fourstep ladders.

Site Safe contractor Kelvin Sparks says a mobile scaffold is his preferred platform for keeping people safe when working at heights.

For more info Silicosis and health monitoring: https://worksafe.govt.nz/about-us/news-andmedia/accelerated-silicosis/ The MBIE review of plant, structures, heights and excavations: https://www.mbie.govt.nz/have-your-say/ implementing-the-health-and-safety-at-workact-better-regulation-plant-structures-andheights/ Working at heights: https://www.sitesafe.org.nz/training/ourtraining-courses/height-and-harness-safety/

SAFETY

Keep it clean, keep it stable

18

FISHING

What’s wrong with the business of fishing?

We all do it. We either fish ourselves, know someone who fishes or have eaten fish in the last year. With fishing being so popular how have we lost the small-scale fishing operations that were once the backbone of our coastal communities?

These artisanal fishermen were the people who set out to sea in the early morning returning with a load of fresh fish. These were sold to the local restaurant and pub, with mum and the kids selling the smoked fish from the roadside caravan on the weekend.

To our collective detriment, these family enterprises have given way to the industrialised, corporate fishing operations enabled by the Quota Management System (QMS).

When the QMS was introduced in 1986 fishing rights were redefined into quota lots. These catch entitlements were granted to private operators for free. The system allowed those operators to buy, sell or lease that quota. And, this quota was given away in perpetuity, so it quickly became more valuable than fishing itself.

Fast forward to today and just ten powerful fishing companies own 78% of the quota rights in New Zealand, making it almost impossible for a small innovative operator to break into the fishing industry. Moreover, many commercial skippers of today don’t own any quota (let alone the crew) and they must therefore lease fishing rights from the quota landlord, or they are tied to the demands of the fishing company they supply. Most often their catches are earmarked for export or big city distribution centres.

With an extensive coastline and so many coastal communities it is appalling that we have virtually lost the ability to buy a fresh fish direct off the wharf or from the local fisherman.

The Quota Management System is broken If the Quota Management System was functioning, as promised 30 years ago, we would see small coastal fishing operators making a good living and playing a true guardianship role over our fisheries.

This network could be providing high quality fish to local markets and restaurants and we’d be adding value through processing to earn more than $3 per kilo. Jobs would be localised and there would be a future for young innovative fishers taking great care of the local resource.

Under the current QMS this sort of infrastructure and a return to abundant fish stocks is a pipe dream.

If we want to rebuild our fisheries, revitalise fishing, and restore confidence in our local communities we have to start now. We can initiate the rebuild by putting in place measures to rescue our fisheries from the outdated and poorly constructed Quota Management System.

LegaSea is spearheading the resetting of fisheries management in New Zealand by developing a positive management and business alternative which will see all of New Zealand benefit. It’s a refreshing new approach you can be part of by simply visiting the LegaSea website, learning about the issues and supporting their initiatives.

At LegaSea we are encouraged by ITM’s sponsorship to see our fisheries rebuilt for the benefit of our communities. Together we’ll see you right.

THE NEW ZEALAND FISHERIES

Quota Management System Small scale commercial fishing in our communities is gone.

Welcome to industrial corporations and the super trawlers.

We need to change the system.

Join with us and learn how. www.legasea.co.nz

20

FISHING Murphy and Marshy wanted to take some fish home to eat...this bass will provide weeks of quality chewing!

When it all comes together You’d think by now it would be easy for me to organise a fishing trip, but to get two busy guys on a boat in the Bay of Islands, with good weather, in the middle of winter, really took some doing!

If you’re like me, you would have already looked at the pictures before reading this far and worked out who the two guys are – Justin Marshall, former All Black now commentator, Greg Murphy former Supercars champ now commentator...and me, former roofer now fisherman. The reason for us to get together was to promote the ITM Auckland SuperSprint event at Pukekohe Park Raceway. Well, that was the official reason.

As it happens, both Murphy and Marshy have been hitting me up to take them fishing for years and this seemed like the perfect opportunity to get out and do some ‘work’. But with Murphy on the road with Supercars and a busy media and promo schedule, and Marshy with several important appointments at the hair salon, it was hard to get the calendars to align, and then we had to deal with the weather.

As it turned out, there was just one day that worked for all three of us, and somehow after weeks of terrible weather, that one day turned out to be perfect, and here’s how it went…

I met the fellas at Kerikeri Airport at about 9pm and they came bouncing off the plane like a couple of kids on the first night of school camp. They didn’t look overly thrilled when I informed them of the early morning start, though come 5am the next morning they were raring to go and catch some fish.

First we had to get the boat in the water. Backing the boat in, was the first in a series of challenges I had lined up for ‘The ITM Fishing Challenge, and it immediately ignited the competitive spirit within the two champions, and it set up a day that would be full of laughs and good-natured ribbing.

We had a good crew and good weather, we just needed good fishing to give us the perfect combination, and it only took seconds into our first drop of the day to find out. “Boom-fah!” Marshy hooks up, “Boom-fah-ha!” Murphy hooks up, then “Boom-fah!!”...Marshy snaps the rod. When you are making TV this stuff is gold, the look of shock on Marshy’s face was priceless, and it got better when I told him the rod was a precious family heirloom that

21

FISHING

Justin Marshall is pretty happy with his first kingfish.

“Bro...that rod is a precious family heirloom!”

One of several double hook-ups for the day, as the boys battled it out in The ITM Fishing Challenge.

The ‘winterless north’ lived up to its name and delivers flat calm seas and tuna!

had been given to me by my late grandfather. Of course, the grandfather yarn was completely untrue but I was going to milk the moment for everything I could, as he battled a kingfish with half a fishing rod.

Till next time. Keep ‘em tight.

The fish kept coming all day long and as you can see from the pictures we got some beauties, the banter just got better as the day went on and the first ITM Fishing Challenge finished in a cliff hanger.

If you haven’t seen the fishing action yet on Sky Sport you can watch it right now in HD for free at www.ultimatefishing.tv, in fact even if you’ve watched it on TV, there’s loads more fishing action and classic moments from the day in the extended version, and what’s more, we show you how we catch all the fish… and you don’t get that on the telly ;)

Matt Watson

22

THE APPRENTICE

The apprentice diary: entry #18 So the past couple of months have been interesting, as I’ve worked on three of our main residential sites, one new build, a large pop top, and a reclad.

get it, I decided to make a dog bar retriever out of 4x2 and some 90mm nails (see photo). I’m glad to say, it worked, and no one saw me in my undies that day.

I say it’s been interesting as we are a bit stretched on the ground right now, so I’ve had to play foreman on two sites, and acting foreman on the other when the main foreman has been on holiday. I’m totally fine with it, organising the guys, ordering materials, and contacting subbies. But in some situations, it shows how little I know, especially when it’s a little outside of my experience. This is where my mindset has shifted slightly from just being a task orientated apprentice, as I’m now constantly looking for reference material.

Sourcing the knowledge Being educated on as many products as possible is a good thing, and I’ve found the handbooks from GIB, Mitek and Cavity Sliders especially handy. They are only small, so can be kept in my glovebox. There are also some groups on Facebook that I use as a good way to keep connected with other builders and ask questions with mostly constructive replies.

Finally, always keep a look out in your local ITM for news, seminars, and product updates. The staff there see a lot of builders each and every day, plus they are visited regularly by reps from the main building supplies manufacturers.

Lastly, I had to take a photo of our skip. We are lucky to have a hammer hand who likes to keep our sites tidy, and even more so stacking waste in our bin as efficiently as possible. He may not be a competent builder, but man, he can make a full skip a work of art!

That all seems quite heavy going, but hopefully it shows there is a big (yet exciting) step up from simply following tasks that are given to you and being responsible for a build. A step that we must all take at some point if we want to further our careers and experience.

Slip sliding away Onto lighter things, I had a slow motion ‘noooooooo’ moment the other day. I was working on a roof, when my dog bar started sliding down the tiles (in slow motion of course), bounced off the spouting, over the edge, then I heard a splash. Hey, why the splash? Well, it landed in one of the water barrels we use to hold our scaffold down. After much laughter, and piss-take about stripping down to my boxers to

As always, till next time, stay safe.

by Stu Foster Apprentice

Stu's knowledge nugget Always close your tool gear boxes on site. There’s nothing worse than having to clean out all that dust and debris every couple of weeks for no reason other than you were too lazy to close the lid.

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24

Health and safety by design

LBP CODEWORDS

Your building designs can affect the health and safety of workers constructing, maintaining and demolishing buildings.

This is recognised in the Health and Safety at Work Act (HSWA), which was introduced in 2015. It sets out the principles, duties and rights in relation to work health and safety. Although the HSWA focuses on the design of workplaces rather than domestic dwellings, it is important legislation to keep in mind when designing any type of building.

What is health and safety by design?

Health and safety by design is the process of using design to manage health and safety risks throughout the life cycle of a structure, plant, substance or other product. In the context of designing a building, this means considering the health and safety risks throughout the construction, lifetime use, maintenance, and demolition and disposal of a building.

Your power to influence safety Designers are in a prime position to make buildings, and working on buildings, healthy and safe from

25

Codewords Quiz 1

Consider the whole life cycle

☐☐ Can builders construct your design safely?

Work sites already contain a range of health and safety hazards, and site- or design-specific details can introduce new or unexpected hazards.

Consider talking to the building contractor, if possible, about how they plan to construct the building and any hazards they anticipate.

You may spot things in your design you didn’t see before, and have the opportunity to make improvements. ☐☐ Will the home be safe and healthy to live in?

The Building Code has many features that improve the health and safety of buildings for occupants, such as insulation requirements and barriers on balconies. However the minimum standards of the Building Code are just that – minimum standards. Are there further improvements you could make? ☐☐ Can the building be safely maintained?

For example, are there lightbulbs or other features that require a ladder to access, introducing the hazard of falling from height? Is there another way you could design features to reduce hazards?

1. Why is it important for designers to consider health and safety? a. It is in the LBP rules. b. Their design decisions will impact the health and safety of other workers and building inhabitants. c. It isn’t important – it is up to builders to keep themselves safe.

2. Why might you benefit from discussing the design with a building contractor? a. There is no benefit – they do not have design expertise. b. You can tell them how to build the design. c. You might get a new perspective on the design and come up with improvements.

3. If you design to the Building Code, your building will be safe and you don’t need to worry about health and safety.

True or false? a. True. If you design to the Building Code, the building will be safe. b. False. The Building Code is a good start, but it won’t catch every hazard.

Answers: 1.b 2.c 3.b

For each phase of a building’s life, there will be different hazards for people to consider. It helps to break down the different phases and ask yourself how your design will affect health and safety, and if there are any improvements you can reasonably make, for example:

☐☐ Will your choice of materials today affect the safety of workers demolishing the building in the future? For example, we have stopped using asbestos due to the unacceptable health risk to workers, especially when asbestos is cut, removed or destroyed.

ADD TO LBP ACTIVITY LOG

Where to find more guidance WorkSafe has developed a ‘Health and Safety

by Design’ good practice guideline. It includes information on how the HSWA applies to designers, as well as guidance on the principles and considerations of designing with health and safety in mind. The case studies provided mainly focus on infrastructure, however the key principles are transferable to any type of design and can add value to your practice. The guideline can be downloaded for free from worksafe.govt.nz.

D

This article is relevant to these classes:

DESIGN

This article is from Codewords Issue 91.

Use the ITM App to log your activity today.

EP EXTERNAL PLASTERING

LBP CODEWORDS

the start of the design process. Your decisions will influence the health and safety aspects of a building for its entire lifespan. Making changes at the concept and design phase to improve safety is not only more effective, it can also reduce construction and maintenance costs.

26

LBP CODEWORDS

Organising elective skills maintenance Elective learning has been a part of the LBP skills maintenance programme since it was introduced.

Learning and retaining skills and knowledge, however, has always been integral to building – even before the LBP scheme began.

Some LBPs find the formal process of meeting criteria and submitting a skills maintenance record a daunting task at first, but it’s generally a natural learning process that just needs to be recorded. In this article we offer tips for maximising the benefit to your professional development.

Start early Your skills maintenance record is due every two years, however there is no reason why you can’t start early! Giving yourself time to complete your elective skills maintenance allows you to pick which activities will best suit your needs. Some elective activities are one-off events, have limited numbers or are run infrequently, so keeping an eye out can be worthwhile.

Core competencies A good elective activity is one that provides valuable and meaningful content to help you maintain your professional skills and knowledge. When choosing elective activities, consider how they will help you build on your core competencies as an LBP. These competencies include: Regulatory knowledge – knowledge about the Building Act, the Building Code, and other related regulations.

Technical knowledge and skills – knowledge about relevant construction methods and practice; understanding of Acceptable Solutions and other compliance pathways.

Health and safety – applying safe working practices and managing of hazardous substances and environmental issues on site.

Continued practice – developing your skills relevant to your licence class or work.

Professional skills – knowledge of construction management, contract administration and good communication practices; understanding of relevant business training, quality assurance procedures and supervision of staff.

Types of activities The range of suitable elective learning activities is deliberately broad to give you the flexibility to choose what will be of most value to you. The most important thing is the value of the learning, not necessarily how it is achieved. Types of activities may be: ☐☐ presentations and tutorials ☐☐ reading a trade magazine or other relevant publication ☐☐ courses and other formal studies ☐☐ lecturing and teaching ☐☐ publishing professional articles or research ☐☐ performing a service to the industry ☐☐ learning about workplace safety ☐☐ mentoring

LBP SKILLS MAINTENANCE SCHEME Guidance for Licensed Building Practitioners

Choosing a training provider An elective skills maintenance activity doesn’t have to be run by an accredited training provider or polytechnic. Some providers may advertise that their offering will be worth a certain number of skills maintenance hours. This can be helpful as a guide, however the Ministry of Business, Innovation and Employment (MBIE) does not accredit courses as part of the LBP scheme, so it is not an endorsement or guaranteed learning outcome.

27

RETURN THIS FORM WITH YOUR ANNUAL CONTACT FORM AND FEE FULL NAME LBP NUMBER ELECTIVE ACTIVITY CATEGORIES Conferences

Seminars or lectures

Trade events

Presentations and tutorials

Trade magazines

Courses or formal studies

Lecturing or teaching

Publishing professional articles

Research

Service to the industry

Mentoring (including supervising apprentices)

Health and Safety

On the job learning

Codewords articles

1. Starting your elective skills maintenance well before the due date has which benefits? a. Reduces stress when it comes to renewal time. b. Lets you be more picky about which learning opportunities you invest in. c. Allows you to accumulate extra hours for future skills maintenance rounds. d. Both a. and b.

ENTER THE DETAILS OF YOUR ELECTIVE SKILLS MAINTENANCE. REMEMBER TO INCLUDE ALL OF YOUR ACTIVITIES, AND INCLUDE ADDITIONAL PAGES IF NEEDED (PLEASE SEE THE NEXT PAGE FOR TOTAL POINTS REQUIRED).

ACTIVITY DATE COMPLETED

HOURS

DETAILS OF ACTIVITY

ACTIVITY DATE COMPLETED

HOURS

DETAILS OF ACTIVITY

ACTIVITY DATE COMPLETED

HOURS

DETAILS OF ACTIVITY

ACTIVITY DATE COMPLETED

HOURS

DETAILS OF ACTIVITY

ACTIVITY HOURS

DETAILS OF ACTIVITY

SUMMARY OF YOUR ELECTIVE ACTIVITIES Minimum hours of elective activity required (choose highest that applies):

□ Trade Licence Classes: 12 □ Site & Design 1: 15 □ Site & Design 2 & 3: 18

Total hours earned:

It is up to your judgement whether you think you achieved quality professional development, and how many hours were relevant to your LBP competencies. This will vary from person to person, as some LBPs will have more or less experience in certain areas. It may pay to shop around for elective activities that will deliver the best learning outcomes for you personally, before investing your valuable time and money.

Record as you go Recording your elective skills maintenance as you complete it is easier in the long run than racing to collate it when it’s due. You are also more likely to remember to add impromptu learning that might occur. Luckily there are tools to help you do this, such as the online portal on the LBP website.

If you log in to the LBP portal you can add your skills maintenance activities as you do them. The information is stored directly with MBIE, so it is all DESIGN EXTERNAL PLASTERING there when you are ready to renew your licence.

D

EP

You may prefer to keep a diary of your skills maintenance activities elsewhere online. This could be on another website orSITEin an app. If so, BRICK & BLOCK LAYING you can upload an exported PDF or JPEG copy of your completed skills maintenance record to the LBP portal when you wish to renew your licence.

You can also scan a paper version of your skills CARPENTRY FOUNDATIONS maintenance record and upload it this way

S

BB

C

F

A

R This article is relevant toROOFING these classes:

ALL

2. If a course is advertised as being worth six skills maintenance hours, what does this mean? a. It is a guideline from the course provider, that six hours of the course will be relevant to LBP competencies. b. MBIE has assessed the course and found it is worth six skills maintenance hours. c. You will learn six new things. d. The course will be six hours long.

3. For an activity to be a valid form of elective skills maintenance, it must: a. Be led by a course provider. b. Be relevant to improving your competency as an LBP. c. Last longer than two hours. d. Involve reading.

Answers: 1.d 2.a 3.b

DATE COMPLETED

ADD TO LBP ACTIVITY LOG This article is from Codewords Issue 91.

Use the ITM App to log your activity today.

LBP CODEWORDS

Codewords Quiz 2

LBP RECORD OF SKILLS MAINTENANCE FORM

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29

Combining cool Linea™ Oblique™ Weatherboard with warm cedar, Blair and Rebecca (Becs) McDonald of Blair McDonald Building have achieved instant street appeal with their new townhouse development on Park Road, Palmerston North.

Featured products: Linea™ Oblique™ Weatherboard

The duo purchased the site in July 2018 and got to work on their vision to create two modern urban townhouses. A year later, Blair has finished building the front dwelling and is at the interior lining stage of the rear, with drainage and landscaping soon to be completed.

Sharing the journey Their design and build journey has been captured on Instagram for their large following, developed over numerous projects, including new builds and renovations. The account (@blairandbecsbuild) provides insights into key decisions made along the way, often with the help of trusted supply chain partners.

Project details: Location: Park Road, Palmerston North, Manawatu Project type: Residential Builder: Blair McDonald Homes For this latest build, the couple selected Linea Oblique Weatherboard by James Hardie because it provided design flexibility and the sleek, architectural look they were seeking. Applied vertically and staggered in 200mm and 300mm widths, the boards compliment the horizontal cedar on the facings.

“We love how it provides additional interest,” says Becs. “Being a small site, it was important for us to create street appeal, while ensuring the townhouses fit sensitively into the neighbourhood.”

CONTINUE >>

PRODUCT KNOWLEDGE

Insta-worthy townhouses use beautiful James Hardie Linea™ Oblique™ Weatherboard

30 PRODUCT KNOWLEDGE

Fit for purpose Working closely with trusted partners and suppliers, the couple developed the concept for their twostorey townhouses, requesting Linea Oblique Weatherboard by name from local ITM Store Manager, Darren Richardson.

However, Blair found installing Linea Oblique Weatherboard straight forward and loved that you can gun nail it for speed of installation.

According to Darren, the product often sells itself.

“Customers like the fact that the products are manufactured in New Zealand for our unique conditions.”

Made from fibre cement, James Hardie products are engineered to stand up to our harsh and varied weather conditions. The advanced composite structure means the boards are resistant to damage from moisture and rot. And with a warranty of 25 years from date of purchase, customers also have confidence that the boards will retain their good looks for years to come.

“We are really pleased with the result,” says Becs.

“As with all our building projects, it has been a team effort. My advice to others is to squeeze as much knowledge out of your trusted professionals as you can, but also trust your instincts and layer that knowledge with your own ideas.”

“Since choosing James Hardie products and following them on social media, we have seen a number of great projects that have used their products. We would recommend them to other builders and renovators because of the great range of looks you can achieve from traditional to contemporary.”

It’s a team effort In addition to providing general advice on warranties, products, and specifications, ITM provides customers with personalised treatment.

For the McDonalds, this meant the products were held at the store and delivered to site just in time.

Darren also visited Blair and Becs on site to check on progress and offer help.

For inspiration for your next build and the right advice visit www.jameshardie.co.nz or drop into your local ITM store and ask for James Hardie by name.

Together, we’ll see you right.

Ask James Hardie™ | 0800 808 868 info@jameshardie.co.nz

Might not be available at every ITM store, please call to check.

THE LATEST

SIGN UP FOR BUILDING BUSINESS TODAY! Reading this will contribute to your LBP skills maintenance requirements. It’s quick and easy to subscribe online. www.itm.co.nz/subscribe

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WELLINGTON/WAIRARAPA ☐ Crighton ITM Greytown 06 304 7193 ☐ Crighton ITM Levin 06 368 4057 ☐ Crighton ITM Seaview 04 568 3896 ☐ Parapine ITM Upper Hutt 04 527 6800

☐ Tawa ITM 04 232 5999 ☐ Tumu ITM Masterton 06 370 6060

NELSON/MARLBOROUGH ☐ Blenheim ITM 03 578 3049 ☐ Havelock ITM 03 574 1018 ☐ Kaikoura ITM 03 319 5447 ☐ Motueka ITM 03 528 7254 ☐ Nelson ITM 03 548 5487 ☐ Picton ITM 03 573 6888 ☐ Takaka ITM 03 525 0005

CANTERBURY/WEST COAST ☐ Ashburton ITM 03 307 0412 ☐ Basher’s ITM Amberley 03 314 8311 ☐ Darfield ITM 03 318 7474 ☐ Dyers Road ITM Bromley 03 373 6049 ☐ Geraldine ITM 03 693 9397 ☐ Greymouth ITM 03 768 0441 ☐ Hamptons ITM Waltham 03 374 3333 ☐ Hillside ITM Hornby 03 349 9739 ☐ Kaiapoi ITM 03 327 8829 ☐ McMullan Timber ITM Hokitika 03 755 8519 ☐ McVicar ITM Harewood 0800 191 674 ☐ ProBuild ITM Rolleston 03 324 3300 ☐ Rangiora ITM 03 313 4862 ☐ Timaru ITM 03 688 8074 ☐ Waimate ITM 03 689 7427

DUNEDIN/OTAGO/SOUTHLAND ☐ E H Ball ITM Invercargill 03 218 3787 ☐ Fraser Hardware ITM Balclutha 03 418 0170 ☐ Gore ITM 03 208 0649 ☐ Mosgiel ITM 03 489 8885 ☐ Southbuild ITM Winton 03 236 6055 ☐ Southern Lakes ITM Alexandra 03 445 0081 ☐ Southern Lakes ITM Cromwell 03 445 0081 ☐ Southern Lakes ITM Queenstown 03 451 1567

FOR YOUR NEAREST ITM STORE PHONE 0800 FOR ITM OR VISIT ITM.CO.NZPRODUCTS ON PROMOTION: All prices

exclude GST. Prices are valid October 1 until November 10, 2019 unless specified otherwise. Some products may notbe available in all ITM stores, but can be ordered in. FREE ITM Sleeveless Hoodie: Applies to purchases made between October 1 and November 10, 2019 andonly while stocks last. Please note that the $150 (excl GST) qualifier for the FREE ITM Sleeveless Hoodie applies to each brand featured and cannot be madeup of smaller amounts spent on individual brands e.g. Customers will qualify for the giveaway if they spend over $150 on Bostik products, NOT if they spend $100 on Bostik products and $50 on Atlas Trade products. Purchases must be made on one invoice/account. Offer is limited to one per customer.

WE KNOW OUR CUSTOMERS

BY NAME, NOT BY THEIR ACCOUNT NUMBER Whether it’s a deck in Dannevirke or a new build in Nelson, every project at ITM gets treated like it’s one of our own. That’s because we’re a network of independently owned stores, run by experienced owner-operators with a handson approach to helping you get the job done. That’s how we like to do things a local business looking after local people.

Find your local ITM store at www.itm.co.nz