Construction Liability - BIBA calls for change

specific about what roles we mean) are viewed by the public in the same manner as

lawyers, or accountants, is about more than the legal or insurance framework. It’s

about a whole host of factors which determine how the professions are viewed by

the public. That means an industry-wide drive to address all sorts of fundamental

questions from the ethical conduct of the UK engineering and architectural

professions, reinventing the way procurement is undertaken and a transformational

shift in how we measure value.

Paul: Alastair, we’ve seen at the end of January an interview from Michael

Gove MP where he appears to accept some responsibility of Government for

the broader failings in regulation. What do you think this tells us?

Gove’s positioning is interesting, and the mea culpa is certainly the first time there

has been public acknowledgement of the failings in regulation. We’ve all known

since fairly early on in the engagement that there were failings in regulation, but I’m

sure the families in particular of those that lost their lives that night [in the disaster at

Grenfell] will welcome the admission and hope that valuable lessons have been

learned. The other aspect of Gove’s statement that’s sure to attract interest from

commentators is his view that sins of omission (i.e. Go vernment’s failure to regulate)

are of a different order of magnitude from the sins of profiteering (i.e. bad actors in

the construction industry gaming the rules for profit over safety). I think that’s hard to

argue against. Time will tell whether or not Sir Martin Moore-Bick agrees with that

analysis in his report following the public inquiry into Grenfell due later this year, but I

think it’s a safe bet that we will see some fairly damning criticism laid against the

construction industry. The question for us is will that lead to a further contraction of

the market just as it seems to at last be settling down a little?

Paul: Craig, any thoughts on Mr Gove’s statement?

I think the danger with all soundbites is the risk of viewing a complex problem

through a simplified prism, created largely for public consumption, which allows only

for ‘baddies’ and ‘goodies’. That there are bad actors in construction is nothing new

and is no revelation. Those who have profited at the expense of lives deserve the full

punishment the law allows, and Gove is right to say as much.