With recent run of extreme weather conditions around the world, disaster recovery has become an increasingly prevalent consideration for businesses working today.

A director of Lancashire telecoms company, Tech Advance, has been echoing this sentiment, urging businesses to plan contingencies and know the options businesses have to help keep them operational.

Earlier in the year, The Guardian Newspaper reported that claims from the summer’s UK floods could run into the ‘low hundreds of millions of pounds,’ according to the Association of British Insurers. The weather is not an issue that’s going away either, with ministers warning that flood protection would cost at least £860 million by 2015.

Ian Hilton,director of TechAdvance, recently spoke to Property Aspects Magazine at the potential options and contingencies businesses have at their disposal for making disaster recovery an easier and more cost-effective consideration.

Ian stated: “Disaster recovery has become an item that is higher up the agenda nowadays and rightly so. Most organisations are starting to question in advance, what might happen should they lose power, internet access, telephone service or even access to their office buildings.

Sadly, most organisations only consider this when they have experienced a serious outage, which has cost them money, or when they are looking to upgrade existing systems or relocate as it becomes part of that project.”

“Alternatively, it can be useful to consider on-site battery backup for telephone lines and telephone systems, or a new internet based cloud telephony solution, which can provide a quick ability for staff to function from a Home Office in the same way they do at work. These sorts of systems even allow you to have an ability to automatically divert all your DDI numbers to an alternative such as your mobiles, which you do not get with traditional telephone lines service.”

Property Aspects Magazine appreciates the contribution to this article from Ian Hilton of Tech Advance who has 22 years experience in telecommunications. For more guidance on disaster recovery, contact Ian via 0845 389 2311 or E-Mail: ihilton@techadvance.co.uk

Geoff Williams, director of Manchester-based loss assessors Cherry and Griffiths gives some sound advice on how to protect your business against flooding.

As we are presently experiencing, the UK is a wet country. Our green and pleasant land is at the mercy of weather systems which are capable of picking up huge amounts of water from the Atlantic Ocean and delivering it onto our towns and countryside.

If your premises are by or on a river or other watercourse you have certain rights and responsibilities as a riparian owner under laws which came into force in 2012. Riparian means simply “of, on, or relating to the banks of a natural course of water”, and you may not have known that it is you may have a duty of care extending to the middle of the river or canal!

Even if you live miles from these water sources, you may still be at risk from surface water, groundwater aquifers, drainage or sewer flooding. However, the management of flood risk from surface water, groundwater and minor rivers and streams is the responsibility the local authorities. In general, the risk from surface flooding is extremely difficult to pinpoint and is also on the rise, possibly due to a reduction of natural urban drainage from gardens.

Flooding may occur in places not previously known to be at risk, which is why having your own flood plan is often a sensible precaution.

The management of risk from drainage and sewage overflow is the duty of water companies. If you have reason to believe your home or business is at danger from these types of flooding, you should contact these agencies as they may become the party liable if you ever need to put in an insurance claim for flooding.

I Think I’m at Risk of Flooding. What Should I Do?

After you have checked the Environment Agency (EA) flood maps and had a look at the resilience of your property, the next priority is insurance. The EA works under an agreement with the Association of British Insurers (ABI) (http://www.abi.org.uk) to try and ensure that the vast majority of properties can be insured against flood risk.

What Should I do About Flood Insurance?

In areas where the risk of flooding is considered ‘significant’ (a more than 1 in 75 annual chance of flooding) but where Flood Defences are due to be improved within five years, ABI members will continue to provide cover, and this includes owners of new-build homes. In areas of significant risk where no improvements are planned, insurers cannot guarantee to insure a property but will work on a case-by-case basis to seek preventative or remedial measures and enable cover to be obtained.

For advice and help if you have been affected by the floods, Contact Geoff Williams at Cherry and Griffiths Independent Loss Asseessors via www.cherryandgriffiths.co.uk

For help with protecting your business you may want help. Contact an experienced Insurance specialist at www.bucklandharvester.co.uk

Winter has arrived and soon freezing temperatures will be wreaking their seasonal havoc among commercial business premises, leading to thousands of burst pipes and catastrophic water damage.

Quite often we don’t take the same care and responsibility over our commercial premises as we do our homes yet they are just as susceptible to the harsh effects of winter such as frozen pipes. Taking a few precautionary steps such as checking the insulation of your pipes can be time worth spent if it will help you avoid major damage to your premises as well as business interruption.

If the unthinkable occurs, the impact on profit and business productivity can be just as severe as the water damage itself. It is critical businesses act quickly to resolve the issue and get back on track at the earliest opportunity but negotiating commercial property insurance claims are notoriously lengthy and unless you’re experienced in dealing with claims handlers, you may not receive the full settlement required which will ultimately leave you out of pocket.

Resolving water damage claims can be incredibly stressful. This is partly because insurance companies have fewer loss assessors than in the past and there are simply not enough to go around, especially when demand is exceptionally high as is the case in very cold winters.

Businesses can significantly increase their chances of a swift resolution and appropriate settlement by hiring their own loss assessors who will chase the claim on your behalf and challenge any reluctance from the insurance company to pay out.

Independent loss assessors understand how to correctly mitigate a claim and what evidence needs to be gathered so as not to prejudice a policyholder’s position with their insurers. They are also experienced in assessing the financial cost of any damage or business interruption to maximise any payout.

Geoff Williams, director of Manchester-based loss assessors Cherry and Griffiths, said: “Time is of the essence when dealing with water damage claims. Salvaging work and damage restoration obviously needs to take place quickly to have the best possible effect but businesses can jeopardise a potential insurance claim if the work carried out isn’t in line with the insurance company’s requirements or destroys any evidence they require.

“Our experienced professionals will manage your water damage insurance claim from start to finish so there’s no danger of any mistakes which could cost you your settlement, relieving you of the stress and frustration of dealing with insurance companies. With winter now on our doorsteps it would be wise to not only check your pipes but also familiarise yourself with an experienced loss assessor in case the worst should happen”.

For help with your insurance claim contact Geoff Williams via www.cherryandgriffiths.co.uk

Drainage is a critical part of every construction project, both large and small, with this infrastructure providing the vital arteries through which rainwater and wastewater can drain away from a building quickly and safely. An effective system is crucial to eliminate the risk of flooding and health issues that can present significant risk to people and property.

However, all too often the specification of drainage systems, especially at the design stage, is either overlooked altogether or carried out as an afterthought. For example, flow rate calculations are frequently incorrect, leading to over or under specification of drainage; similarly, poor planning results in compromises during the construction phase, with projects that could easily have been completed using standard drainage units requiring custom engineered solutions.

Each building has its own unique set of drainage needs and it is these critical factors that must be considered when planning drainage systems. Indeed, whether you’re involved in designing or building a new project or upgrading an existing building, every aspect of the system must be carefully planned to meet the correct drainage requirements simply, quickly and within budget.

Jill Jones, Director at Environmental Consultants Peak Associates, noted “specifying drainage systems correctly at early design stage can keep costs to a minimum, while boosting functionality and long-term reliability.”

“Too often these issues are left until too late, even after construction has begun, which can lead to complex re-designs and modifications, even forcing the use of pumped systems that may not have been needed. This just increases long-term maintenance costs and the risk of future problems, as well as increasing the costs of installing the system.”

In essence, the overall drainage system needs to deal with the removal of two types of water: foul water from waste, bathrooms, kitchens or utility rooms; and surface water from rainfall. Thanks to the introduction of innovative drainage technologies and the level of technical support available from leading manufacturers, the task of creating an effective drainage system can now be carried out in a quick, accurate and straightforward manner, avoiding delays, wasted time and poor performance.

In particular, the latest generation of market leading drainage system components are manufactured from high performance materials that make them resistant to corrosion, while the experience and customer support offered by the leading specialists in the industry eliminate design risk. Most recently we have seen the introduction of innovative modular drainage systems that have been developed to help cut build times and costs, enabling quick and easy design and installation in almost any building.

Jill continued “having a suitable system to deal with surface water is now a required part of the planning process and the designs must incorporate a suitable SUDS (Sustainable Urban Drainage System) design to reduce flood risk. Using modular units or incorporating this into early design can help this be done cheaply and actually add to the aesthetics of the final design.”

When designing a drainage system for particularly specialist or demanding applications where corrosion free materials and aesthetic considerations are crucial, including chemical plant rooms, food and drink processing factories, washdown areas and highly specialised architectural projects, the use of other high performance materials might be necessary.

For further guidance, please contact Jill Jones at Peak Associates via www.peak-associates.com or Call them on 01925 491011

The construction of sustainable commercial property has been hindered by a severe lack of funding over recent years.

This is according to expert, Stuart Thornhill,from Jonathan Cornes Associates, Chartered Building Surveyors in the North West, who has outlined the various hurdles developers and planners must overcome to create a low-energy building that is attractive to tenants.

Jonathan Cornes, Partner at JCA, Chartered Building Surveyors said; “It is no surprise that you don’t hear up and down the country about major cities launching these kinds of programmes because there are some real dangers to be ironed out in terms of financing deals.”

Building eco-friendly property understandably requires significant financing and without the support of the government, private funding is currently the only way to raise capital.

Green commercial property has many attractions to tenants. Reduced utility bills and overheads mean business property can become more sustainable and workable for future generations.

“There also needs to be an increase in tenant demand for these green commercial development projects to be completed. The country faces a “real challenge” in making the country’s office space more environmentally-friendly. When tenants understand the benefits and are prepared to pay a premium for a retrofitted, highly energy-efficient building, that is when the market will move.”

First, perhaps we should understand what underpinning is. Buildings are generally supported on concrete foundations which transfer the weight of the building into the ground in such a way that the building does not subsequently move.

However, if the condition of the ground changes for whatever reason, then to avoid continuing movement, the weight of the building needs to be transferred, usually downwards, to more competent soils.

The extension of the original foundation is referred to as underpinning.

Stuart Thornhill, Partner at Jonathan Cornes Associates, Chartered Building Surveyors said; “Underpinning can take several forms, but at its simplest, it is the removal of the poor soils and replacement with mass concrete. The extent of such work and the depths to which it goes should be designed by a structural engineer. This work is subject to building regulations and therefore details should be submitted to the local authority.”

He continued “Building Control will undertake inspections during the works, as a consequence there should be a public record of the works that have been undertaken.”

Therefore, underpinning is an indication that a property has had at some point in its past problems with structural movement and remedial measures taken.

It should therefore follow that such a property presents less of a risk of future problems; probably less so than its neighbour that has not been underpinned.

Stuart said “In my opinion the idea of buying an underpinned property should not be discounted as a possible purchase.”

To understand will help in assessing the structure. In my view a survey of its current condition assessing how it has performed since the underpinning is critical.

This along with professional advice will allow an informed judgement to be made. Insurers can have rather closed minds to such issues but by carrying out the above buildings insurance can usually be obtained.

Alternatively, you may seek a continuation of cover from the existing insurers.

If you require advice concerning a property that has been underpinned or may be in need of underpinning, please contact Stuart Thornhill at Jonathan Cornes Associates via www.jcassociates.co.uk

The growing demand for office space in Manchester will maintain the city’s position as the UK’s biggest regional centre outside London, according to property agency GVA.

Manchester should continue to make strides by leading the way in drawing new business to it’s commercial property space.

Property agency GVA published its latest report on the UK’s ‘Big Nine’ major cities outside the capital and predicts that Glasgow, Bristol and Cardiff would also perform strongly in the coming year, while Birmingham and Edinburgh would continue to enhance their business standing. The same report notes that the ‘Big Nine’ accounted for 6,700,000 sq ft of commercial office space, a 10 per cent increase on 2009, while Manchester alone accounted for more than one million sq ft. of commercial space..

The Manchester office market was more buoyant last year with Co-op moving to their new headquarters building and Lawyers DWF moving to Spinningfields. The GVA spokesman commented: “Whilst the overall figure is encouraging it should be noted that the quantum of transactions is not as high as previous years, suggesting that whilst occupier confidence is returning we have not entered full recovery mode in all sectors of the market.

“The signs are promising for 2013 with evidence of significant ‘pre-let’ activity which will not only aid in replicating last year’s numbers, but also help to deliver much-needed built Grade A stock into the marketplace to meet the latent demand.”

Manchester was last year ranked as the second-best place to do business across the UK.

Paul Willan from Manchester based Gregs Properties, recognises the value of Manchester as a location. He said: “A Manchester Office can provide you with a commercial and cultural focus to your organisation. With one of the fastest-growing economies in the UK, Manchester simultaneously meets the demands of small owner-based businesses and global blue chip conglomerates.”

One example of a fabulous city centre location which is at the centre of a thriving business district is Greg’s Building.

This short clip shows the Grade II listed city centre property in all its glory, also highlights some of the city’s commercial property landscape, the social aspects of business life in the city centre and the transport infrastructure that provide a massive benefit for businesses located in the centre of Manchester.

The NBS “National Construction Contracts and Law Survey 2012” has reported that a whopping 40% of construction projects start without a proper contract being in place. Since contracts do not need to be in any particular form, many of these projects probably start under a letter of intent.

Letters of intent are letters from the employer (or his representative) sent to the contractor before a full contract has been signed. The letter typically asks the contractor to start work on the project immediately in order to meet the project’s planned timescales, and state the employer’s intention to enter into the full contract later – giving them their name.

Property Aspects Magazine spoke recently to Sarah Fox, a construction lawyer-turned-creative legal trainer. Sarah is also a director of Enjoy Legal Learning.

Her FREE 10 point guide for developers and construction companies is available via email (see below).

Sarah commented: “Letters of intent are like UFOs – most people in the construction industry can identify them easily enough, but nobody really understands them. Not just the lawyers, I mean other construction professionals too.”

She continued: “Letters of intent are short, often no more than 4 pages long, and as a result are ripe for misunderstanding and confusion. In practice, they create two main problems for construction companies. One is, if you don’t know whether your letter of intent is a contract, how can you tell what your duties and obligations are? What does the employer actually have to pay? When is the contractor’s work finished? Even worse, if there is no contract, then the employer cannot recover LADs, there is no defects period and the contractor cannot claim for disruption.

The second problem is, because they are brief, many letters of intent don’t contain enough terms and conditions to cover what necessary to carry out complex construction works. So they might be added to by what are known as implied terms, from cases and also by laws, such as the Scheme for Construction Contracts (as recently amended). If you don’t know what your letter of intent actually requires of you, how can you carry out your role properly?”

“At best, letters of intent result in confusion and, at worst, breach of express and implied terms.”

Sarah concluded: “Letters of intent are often described as a necessary evil. In an ideal world, letters of intent shouldn’t be used at all, unless you want to keep your lawyers busy! If speed is critical, it’s better to relax your timescales than have to rely on a letter of intent. But when you do use them, for everyone’s benefit make sure you get the full contract signed as soon as possible.”

FREE 10 point guide to Making Letters of Intent work for you

Sarah has been Highly Commended in the SCL Hudson Prize competition in 2011 for papers on construction law. She has prepared a handy 10 point guide to help make letters of intent work for you. Please email your request to Sarah via: sarah@enjoylegallearning.co.uk

More employment tribunals have been avoided thanks to a new service setup to resolve issues before they escalate, new figures reveal.

The latest annual report published by workplace experts Acas shows demand for its early dispute resolution service ‘Pre-Claim Conciliation’ (PCC), rose by a third (34%) in 2011/12. The organisation dealt with 23,777 cases during the period – 6,000 more cases than the previous year. This has resulted in thousands of people avoiding the need to go to an employment tribunal.

Pre-Claim Conciliation was launched in April 2009 and aims to resolve workplace problems before they result in a costly and stressful employment tribunal claim. This year’s figures highlight that the number of cases that don’t go on to become an employment tribunal claim increased to 78 per cent from 74 per cent last year. Unfair Dismissal is the most common problem handled through PCC, followed by claims about wages, breach of contract, holiday and disability discrimination.

The success of PCC has led to the Government proposing that anyone intending to make an employment tribunal claim should come to Acas first.

The new service, called early conciliation, will start from 2014.

Commenting on the figures, David Hudson, Managing Director of leading Manchester commercial insurance brokers Buckland Harvester, said: “The fear of an employee bringing a claim against their business is enough to put off many entrepreneurs from taking on staff in the first place which obviously prevents growth and expansion. Anything which can halt a lengthy and costly employment tribunal has to be welcomed and businesses should seek specialist advice on their HR policies to ensure they minimise the risk of this happening.

“Employment law insurance is becoming critical to modern day businesses because of the financial and commercial consequences of a claim and the increased threat it poses to firms. These products cover your legal liability following a dispute and not only cover your legal costs and expenses they will also pay any civil award of compensation brought against you. It’s an area which should never be overlooked.”

Please call Buckland Harvester for more details of how to protect your business from Employment disputes. Find them via www.bucklandharvester.co.uk

For help or advice on employment matters please contact P3 People Management via www.p3pm.co.uk