As local councils push partnering out of the coffee-and-croissant circuit and into the laps of regional contractors, the pressure to end subbie-bashing is on
When Professor John Bennett went to Japan in 1984 to study Japanese methods of construction, he was wrestling with a western conundrum that went like this: savings, quality, and time stood in eternal opposition. If you wanted one you'd lose on the others.

But the Japanese didn't seem to realize the principle was universal. It wasn't unusual at all for them to save money, deliver on time and have zero defects – all at once.

"They didn't just hand over on the scheduled day, they handed over on the scheduled hour," Bennett said. "And everything worked."

Bennett, who became director of the Centre for Strategic Studies in Construction at the University of Reading, spent a long time in Japan working out how they did it. He wrote Trusting the Team in 1995 and The Seven Pillars of Partnering in 1998, and became the first in the UK to articulate the principles of partnering. Sir Michael Latham spent a day with him while preparing his 1994 report.

The Japanese partnered, though we might not recognise it as such. According to Bennett, they didn't practice open-book accounting, or declare expected profits. But only because they don't need to. Information flows so freely in Japan that everybody already knows what it'll cost, for example, to build a distribution warehouse to such-and-such specifications. There's practically no such thing as trade secrets.

"Ask any factual question, they'll look it up in a book and tell you. It cuts out arguments," he said.

We're a long way from that in the UK, where if you want to be serious about sharing information you write it in the contract.

However, partnering has taken root in the UK and it looks like it's going to grow. PPC2000, the first dedicated partnering contract, first published in September 2000 by the Association of Consultant Architects, sold like hotcakes in 2001 – up to 600 per month, according to the ACA. It has slowed to a steady 200 per month now and John Wright, a former ACA president who takes credit for the idea of PPC2000 (it was drafted by David Mosey of solicitors Trowers and Hamlins), says there is now £2bn worth of construction administered by PPC2000 contracts, most of it for housing associations. Wright admits this is a crude estimate. Because it sells the form, the ACA knows roughly who's using it and for what.

Even if £2bn is accurate, it doesn't account for work undertaken with the NEC Option X12 form, or the JCT Partnering Practice Note 4, or the customised contracts solicitors around the country regularly cobble together on demand.

One well-known contractor who is supposedly steeped in partnering is, by and large, dreadful. Everyone from the contracts manager down is just appalling

The point is, partnering is here.

Smaller contractors and subcontractors may greet this news with dismay. For a lot of them partnering has meant watching the main contractor cosy up to the client, only to turn around and apply the screws with greater vigour and a moralistic vocabulary to boot. One construction manager told us he had to stop using the P-word among subcontractors, even on jobs that were in fact project partnerships.

This is the one barrier preventing partnering from changing the culture of British construction. At the moment, there's nothing in it for the supply chain. The main contractor enjoys the benefits — ring-fenced profit, shared information, cost reimbursement, generous incentives, guaranteed work, a seat at the design table. Only the obligations get passed downstream – the pressure to innovate and forever to improve safety, cost, speed and quality.

For many subcontractors it feels like they're subsidising the main contractor's experiment in partnering – feeding the hand that bites, in other words.

This barrier could start coming down in March when the ACA publish a version of PPC2000 designed for the subcontract. It mirrors the original PPC2000 form and should leave no excuse for clients and main contractors for not rolling out partnering down the whole supply chain.

Back to John Wright, who is also chair of the Construction Industry Council's Partnering Task Force, the main driver for the new contract. He says that in hindsight it might have been better to hang on to PPC2000 until a subcontract version was ready, because at the moment subcontractors don't know what their position is in the main contract. That has made them vulnerable and suspicious because a proportion of the majors are talking the talk but not walking the walk.

"Our experience with the nationals has been bloody awful," he said. "One well-known contractor whom I won't name and who is supposedly steeped in partnering is by and large dreadful. Everyone from the contracts manager down is just appalling."

Local pressure to partner
Partnering is here to stay mostly because clients want it, especially public sector clients. There has been a lot of press about prime contracting at the MOD and Procure21 at the NHS. Both programmes have strong partnering elements. But even at the humble local authority level, the pressure is on to partner.

The contractors on our approved list were all capable of doing the work the council needs doing. But when the going gets tough some will step back and look after themselves first

The Local Government Act 1999 released councils from their obligation to use lowest-price tendering and obliged them instead to get "best value", which is generally defined as a balance between up-front costs, whole-life costs and functionality. They'll be tested on this, too, by the Audit Commission. If they fail, they'll be replaced by government-appointed management teams. It's a bit far-fetched, but still, it isn't a comforting thought.

The Audit Commission is quick to point out that it doesn't prescribe partnering, although it will suggest it.

"Lowest-price tendering is not illegal," says Abdool Kara, the Audit Commission's housing inspectorate operations manager. "It's just that the Local Government Act freed up councils to take quality into account for the first time.

"For instance, there are many, many ways that traditional repair and maintenance contracts could be better drawn up and monitored. Often it's about just being cleverer in using and collecting data."

Still, many local authorities have decided on partnering as the best route to best value. Take Durham County Council. Alan Ostle, business manager for Durham's environment and technical services department, maintains you can't achieve best value by any other means. He's a true convert to partnering anyway, but he admits there is a distinct pressure from central government. For example, councils will have to bid for their money from a new Single Capital Pot, and Ostle says that in order to be successful they'll have to demonstrate Rethinking Construction principles.

"There's no bogeyman. The pressures aren't that direct. People can muddle along, but these things do bite in the end," he said.

With local authorities adopting partnering and working toward five-year framework agreements, local contractors will run up against a concept they may have thought would never break out of the breakfast seminar. If they can't partner, they could find themselves out of the loop when it comes to public sector work.

Culture shock
Almost two decades after his visit to Japan, which started the partnering ball rolling in the UK, the now-retired Prof John Bennett is cautiously hopeful that partnering will overtake traditional methods, that its basic principles will eventually permeate the culture of British construction.

"I'm an optimist," he said. "Once people try it and see what they can do with it, they find they can work better and they enjoy it more."

The perils of partnering: Warnings from the front line – for all players in the project

Clients
It ain’t always cheaper: We have seen bids come in on a major 10 year partnered integrated transport scheme far above estimates for ‘traditional’ procurement. Make realistic comparisons of service. Don’t believe the hype: Having talked to the engineers on a number of so called ‘success’ stories it’s obvious many people have a vested interest in accentuating the positive. Dig a little, and panic if the contractor wants to show you their latest marketing video. Contractors
You’re on 24-hour call: When your business development manager has finished with the client they will expect you to polish their car and take their kids to school. Make sure reality and fantasy meet somewhere. Beware your open-book scam: That’s where your £10-charge for a galvanised widget backfires because the client gets to see your invoice from the Peruvian Widget Emporium charging you 8 pence a piece. Seriously, be aware that the old trick of changing suppliers after you have submitted your bids. All will be revealed as current materials invoices are called for inspection. The client will then expect to see the savings being passed on. Yes, really! Subcontractors
You take care of it: When it comes down to it many consortia are getting their ‘efficiency gains’ from the subbies. Discussing partnering with some subbies reveals that main contractors are lumping them with management duties to cut corners. Quality assurance, for example, or even health and safety. On some occasions the subbies are expected to provide the service at no extra rate. The subbies feel that contacting the client will jeopardise future work so they knuckle down or find pastures new. Our advice is to make sure the client knows what is happening, it’s not very productive for a public body to find that all of its local contractors refusing to carry out work for it. Information from a number of consultants and clients

Getting a piece of the action: Local contractor strives to meet council’s partnering demands

Partnering is a client-led initiative. And Termrim Construction has spent the last nine months getting up to speed with how it works and what its clients want. Director David Bray says the company is already doing several jobs with open book accounting and declared overheads, including a £3.4m student accommodation project for AQH Property in Huddersfield and various contracts for Yorkshire Design Development in Leeds city centre. Termrim has also been signed up to leisure firm Fitness First’s partnering framework for one year. Now local council Kirklees, with £60m to spend over five years from April 2003, is setting up partnering agreements for its housing department with projects ranging from kitchen refits to whole house modernisation. And if Termrim wants to get a piece of the action, it has to meet pretty demanding terms. Keith Squires, principle regeneration manager for housing at Kirklees says it is looking to partner 75% of its work by 2003. At present it deals with hundreds of contractors. For its partnered work it will deal with between four and six. And although the criteria isn’t set in stone yet, he says it will include open book accounting, deciding margins with the main contractor, Guaranteed Maximum Price with opportunities for savings, and payment terms of three weeks. From client to contractor and contractor to subcontractors he’ll expect open relationships with subcontractors over price, including bringing subcontractors into project meetings, and more quality checking and tenant liaison to be passed on to the contractor. Bray says that Termrim would be happy to comply with the terms and is already taking steps to address the council’s needs. “We are doing a £1.09m refurbishment of 288 flats for Kirklees in 17 weeks and providing some resident liaison on that project. Obviously we would have to employ a full-time member of staff to take care of it fully, but it would cut down on consultants’ fees and improve the flow of information on site. So instead of information going from us to the council to the tenant, we could inform the tenant direct.” “We are not getting into partnering to grow our turnover,” says Bray. “It is the natural progression of the way we work at present. We don’t tender everything we get sent now. If we can’t do a job or we don’t like the look of it, we won’t tender it. Partnering is the way procurement is heading and we have to be part of it.” Bray is a fan of partnering but he admits it’s not a cheap option. “It’s hard to quantify how much time and money we have spent overall on partnering, as it varies on a job by job basis. But if you take one job as an example, a project we did for Yorkshire Design Development in Leeds city centre. The project team spent four months in consultation before we started work on site. But although we lost a lot of time and money through staff hours, we did recover some of the costs and on site as there were very few problems.” “There are administration and management time costs involved in partnering,” continues Bray. “For example, I’ve been on a course to understand PPC2000. However, compare this to the cost of running an estimating department and it’s really just a case of relocating resources. For example, if a company only tenders competitively and it costs £100,000 to run the estimating department and say it gains one tender in every four, that’s £75,000 wasted. Those resources could be redirected into long-term partnering arrangements and cut out the need for wasteful tendering.” Partnering can be a culture shock. Bray says that although staff were trained, it wasn’t such a change for Termrim. “We did our first job with open book accounting two years ago, but we have been doing design and build since 1986, which requires a greater level of input to the project than competitive tender. We have always preferred a softer approach to dispute resolution than heading straight for the courts.” Partnering with clients is one thing. Partnering with suppliers is another. Termrim is now setting up agreements downstream and will cut the number of suppliers it deals with, especially plant hire companies. He’s now scoring them on rates, service, deliveries and administration costs. Termrim’s partnering criteria will include payment terms of 30 days (or earlier if working with Kirklees Council). Suppliers will have to use email, they’ll have to sort delivery problems promptly and keep rates competitive. The agreements are due to last for a year though under-performing contractors will be shown the door. “Over the last nine months we have had more requests from clients to partner, so we thought it was time to extend that to key suppliers. We want to reward them with a long term commitment.” Name: Termrim Construction
Based: Huddersfield
Turnover: £8m in 2001
Employees: 20
Age of business: 25 years old

Sick of soured relations: The message fell on fertile ground in Durham

Alan Ostle was ripe for conversion when he attended a partnering seminar two years ago. Durham County Council was still smarting from school projects that had gone over time, over budget and into litigation. To Ostle, business manager for Durham’s environment & technical services department, moving away from adversarial contractor relations sounded like a great idea. Durham had already made moves in this direction. Five years ago the council procured largely by lowest-price tendering. Later they experimented with a 60:40 (price to quality) formula. For the quality score, contractors completed a questionnaire that gauged their service commitment, their ability to deliver right-first-time, to innovate and continuously improve. But that approach still left them vulnerable to soured relationships. “The contractors on our approved list were all capable of doing the work the council needs doing. But when the going gets tough some will step back and look after themselves first. It’s a natural result of lowest price tendering. We were all raised on adversarial contracts.” When three additional school projects appeared on the horizon Ostle and colleagues wanted to lump them together so that the contractor could get stuck in and carry lessons learned from one to the next. That prompted the seminar and for Ostle and his team the message fell on fertile ground. The willing converts adopted a tender-awarding model based 30% on a price quote and 70% on a quality questionnaire. It’s the 30% price quote that will sound the most radical. How is it derived? The client and the contractor sit down and, together, work out what the project cost is likely to be. Then the contractor adds a percentage made up of projected overheads and the desired profit. Ostle said that quote is typically between five and 10%. The council guarantees to pay that percentage. In addition, any savings made on the project cost are split by an agreed percentage (50-50, for instance) between Durham and the contractor. This is designed to be a powerful incentive for the two parties to talk and come up with better ways of doing things. Three construction projects have been completed using partnerships formed on this model, and Ostle says the results have been good: on time, higher-than-expected specifications, and with savings to boot. Durham is now taking partnering to a new level. This year it will select two consortia partners to undertake all civils and construction work for the next five years. By doing this Durham County Council intends to meet the improvement targets set by Sir John Egan on issues such as defects, safety, predictability and cost. As a client, Durham will require its construction partners to improve and demonstrate it through benchmarking. Not everybody likes partnering. Some contractors will feel they’re being shut out of the action. Already Durham is working with fewer contractors. But Ostle points out that 70% of a project is sub-let anyway. In theory, that could mean business as usual for 70% of county construction – except that some contractors will have to be subcontractors, which won’t go down well. However, if partnering takes hold in Durham the way Ostle wants it to, most construction work in the county will be delivered through long-term arrangements that start with the client and encompass everyone in the supply chain down to material suppliers. This is what the buzz-phrase “supply chain integration” means. Clearly not everyone will be included. If you want to take part you’ll have to know what partnering is and want to do it. At the moment partnering is done only between Durham County Council and the selected contractors. The benefits and obligations are confined to that relationship. Ostle says that means that 70% of the work done on projects is still subject to the vicissitudes and limitations of traditional, adversarial contracts. As time goes on, though, main contractors will come under pressure to stop being adversarial with subcontractors and to partner with them.“We’ll encourage contractors and work with them to set up integrated supply chains. We can’t insist on it yet because integrated supply chains don’t exist.” There is a stick lurking in the background, however. “Without an integrated supply chain you can’t make the required savings in cost and improvements in quality, and you’ve got to keep improving if you want to partner with us.”