ICES - Civil Engineering

The Journal of the Chartered Institution of Civil Engineering Surveyors
CIVIL ENGINEERING SURVEYOR
First ICES Chartered Engineers

December/January 2016
GNSS
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Adjudication
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December/January
Contents
Regulars
Features
05. From the president
20. Interest and costs in adjudication

Jeremy Winter
FCInstCES
08. ICES regions

09. Events
24. The curious matter of the colonial

American mile
Ed Danson
FCInstCES
10. Institution news

26. Threats to GNSS
11. Letters
Guy Buesnel, Spirent Communications
12. News roundup
33. What exactly can you do with LiDAR?

James Eddy, Bluesky International
15. Legal Q&A

38. The latest on liquidated damages
51. Social network
Lindy Patterson
QC FCInstCES
and
Laura McEwan, CMS
53. Proles
40. Project bank accounts and SMEs
56. Classieds and where to buy
Andrew Leisk
58. Training dates
43. GNSS and the basics
MCInstCES
Hennie Hugo
47. BIM The importance of procurement

Cover shot: Ian Cowling and Mark Sheridan,
the rst ICES chartered engineers.
Article pp05-08
Stuart Standring
Ivan Hurst
FCInstCES
50. Machine control on Alaskas roads

Jeff Winke with Brian Hooks,
Valley General Construction
52. Tender evaluation: Competing fairly

Frank Arko-Tharkor
Chartered Institution of Civil Engineering Surveyors
Dominion House, Sibson Road, Sale,
Cheshire M33 7PP United Kingdom
+44 (0)161 972 3100 www.cices.org
President: David Loosemore FCInstCES
Honorary Secretary: AH Palmer MBE FCInstCES
Chief Executive Ofcer: Bill Pryke HonFCInstCES
ICES Publishing
Edited, designed and produced by ICES Publishing. ICES
Publishing is operated by SURCO Limited, a subsidiary of the
Operations Director and Editor in Chief: Darrell Smart BEng
dsmart@cices.org @darrellsmart
Managing Editor: Abigail M Tomkins BA(Hons)
atomkins@cices.org @amtomkins
Media Sales Manager: Alan Lees
alees@cices.org @alan_lees
Administrator and Subscriptions Manager: Joanne Gray
jgray@cices.org
Subscriptions 44.50 (UK); 49.50 (Europe); 54.50 (ROW)
www.cices.org/journalsubs
Digital issues at http://ces.digitalpc.co.uk
CES February 2016 will feature utilities.
Copy date: 14 January 2016. Please note that this date applies
to news, calendar items and letters. Articles, reviews and other
contributions inevitably require a longer lead in time.
MCInstCES,
Network Rail
54. International tax changes

Catherine Robins and Heather Self,
Pinsent Masons
CharteredICES
CInstCES
CharteredICES
Chartered ICES
Published by the Chartered Institution of Civil Engineering Surveyors. Statements made and opinions expressed in this publication do not necessarily reect the views of the institution, its Council of
Management or other committees. No material may be reproduced in whole or in part without the written permission of the publisher. All rights reserved. Printed using PEFC-certied paper as part
of the institutions commitment to promote sustainable forest management. Printed by Buxton Press Limited, Palace Road, Buxton, Derbyshire SK17 6AE.
2016 Chartered Institution of Civil Engineering Surveyors. ISSN 0266-139X
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12-01/16
From the President
One small step for ICES, one giant leap for

civil engineering surveyors
INCE my inauguration as your

president in September, a great deal
has been happening and I have
already been active in pursuing a number
of important objectives.
Professional registration
Golden: 50 years of membership.
Firstly, at a landmark event held at the

Institution of Civil Engineers on 26 October
2015, we formally and successfully
launched the process for professional
registration to chartered engineer,
incorporated engineer and engineering
technician for our members; a truly
phenomenal achievement. Members of
ICES will be able to apply for these grades
through the individual report route (IRR)
with the Institution of Civil Engineers
acting as licensing body. The IRR does not
require any specic academic qualications
and is a career appraisal that demonstrates
compliance to Engineering Council
requirements through career experience.
This was my rst duty as president and
in terms of importance and signicance,
I am sure the occasion will be one of the
highlights of my year in ofce.
We are indebted for the support given
by ICE and the Engineering Council,
who both recognise the important and
vital roles played by civil engineering
surveyors within the construction
industry. Because of the launch, the
status of the civil engineering surveyor is
now elevated globally. It gave me great
pleasure to be able to ask the chair of
the Engineering Council, Rear Admiral
Nigel Guild, to formally present the rst
ever ICES chartered engineer certicates
to Ian Cowling and Mark Sheridan. It was
particularly pleasing to be able to recognise
Ian Cowling, our chief examiner, who
has worked tirelessly to develop pilot
schemes, test them himself and rene our
procedures.
I am already a chartered engineer and
that status has unquestionably assisted my
career. It enhanced the inuence I was able
to generate both within Arup and within
the industry at large. It also gave me the
springboard from which I was then able to
progress and improve my career prospects
in dispute management. For an employer a

professionally qualied person is clearly a
valuable asset. When a company employs
a professionally qualied person from our
institution, it will be investing in someone
who will maintain high standards of service
to customers, and someone who has the
requisite skills, knowledge and competence
to become a valued member of staff.
There is also the greater opportunity and
potential for that person to lead teams,
inuence decision-making and become a
member of management.
But of course how much you get out
of professional registration very much
depends on how much you put in.
Qualied professionals learn from each
other and from the expertise brought to the
institutions committees, boards and panels.
As a professionally registered member of
the institution, you can lead the debate
and help develop new solutions to new
challenges. Those of our members who
are successful in attaining professional
registration will have additional
opportunities to inuence attitudes and
solutions to those challenges for the benet
of the construction industry at large.
`LHYJLY[PJH[L
On a personal level, I recently received a
letter, which was most denitely a surprise,
albeit a very pleasant one. The letter was
from ICE congratulating me on achieving
the distinction of having been a member
for 50 years and a certicate was enclosed
in recognition of this achievement. Surely,
I thought, I am far too young to have
achieved such a milestone? Apparently not!
The framed certicate now hangs proudly
alongside my certicate of ICES fellowship.
The 151st president of ICE

Last month, I was in Westminster as Sir
John Armitt became the 151st president of
the ICE. In his inaugural speech, Sir John
called on industry to innovate and inspire.
He also cited the value of collaboration. As
project director for Arup, I worked under
his leadership on the Channel Tunnel Rail
Link (now referred to as HS1). Sir John
remarked: This project, with its
From the President
Civil Engineering Surveyor
Clearly, the presidents of both ICE and ICES empathise with the
value of collaboration and it is tting that we should both continue to
actively promote this principle for the benet of our industry.
numerous route options and impact on
local communities, was as much about
public relations as engineering. At the time,
it entailed the largest ever environmental
impact assessment. It required engineers
to work closely with planners, property
consultants, environmental specialists,
parliamentary lawyers, heritage bodies and
many other professionals. The success of
HS1 was clearly due in no small part to the
value of collaboration. As Sir John further
remarked, collaboration within the supply
chain is now recognised as essential for the
successful delivery of projects. By opening
our membership to other professionals and
increasing cross discipline collaboration,
we will be more relevant to society and
increase our inuence. Clearly, the

presidents of both ICE and ICES empathise
with the value of collaboration and it
is therefore tting that we should both
continue to actively promote this principle
for the benet of our construction industry.
Links with ASCE

In his Plea from America letter published
elsewhere in this months journal, ICES
past president Barry Hiscox is spot on.
He reminds us that whilst the system of
education and licensing for professionals is
different in the UK, nonetheless the closest
internationally recognised body covering
civil engineering surveyors in the US is the
American Society of Civil Engineers (ASCE).
12-01/16
From the President
Experience shows that a common voice carries more weight with

government and others in shaping the needs of our industry.
Barry argues that it seems logical to make every effort to achieve
reciprocity between our organisations. I agree wholeheartedly with
this objective. At my presidential inauguration speech, I told of an
aspiration of mine for increased collaboration. By collaborating,
it is my belief that knowledge is increased. Experience shows
that a common voice carries more weight with government and
others in shaping the needs of our industry. I cited ASCE, with its
140,000 members, as an organisation with whom our institution
could constructively enter into a memorandum of co-operation.
Accordingly, when it was realised that ASCE president Mark
Woodson and executive director Tom Smith were planning to be
in London for the Civil Engineering Triennial Summit in December,
it was too good an opportunity to miss. Therefore, at the time of
going to press, CEO Bill Pryke and I have arranged to meet with
our ASCE counterparts on the morning of 8 December when it is
expected that we will be able to formalise an agreement between
our two organisations. It is surely an opportunity worthy of
note and I look forward to being able to report conclusive news
shortly.
Visit to Dubai
At the time of writing, I will soon be departing for a short trip
to Dubai. The United Arab Emirates Society of Engineers has
kindly invited me to deliver a paper at its 3rd Arabian Tunnelling
Conference and Exhibition. I will be speaking about the workings
of dispute adjudication boards in tunnelling contracts. I am also
taking the opportunity of meeting some of our members there and
to update them on our recent launch of professional registration.
Finally, I would like to take this opportunity to wish all members
and readers a very merry Christmas and a prosperous 2016.
David Loosemore, President
president@cices.org
The video presentations from the day are available www.ices2610.quick-view.co.uk
Photographs of the professional registration launch are by Stuart Standring. All can be
viewed and downloaded free of charge at www.eventphotographybristol.co.uk
ICES Regions
ICES Anglia & Central
Head Ofce
Dominion House, Sibson Road, Sale,
Cheshire M33 7PP United Kingdom
+44 (0)161 972 3100 www.cices.org
CEO: Bill Pryke bpryke@cices.org
Acting Membership Manager: Serena Ronan sronan@cices.org
Acting Regions & Administration Manager: Anne-Marie ONeill
aoneill@cices.org
Membership Coordinator: Juliette Mellaza jmellaza@cices.org
Administrator: Louise Whittaker lwhittaker@cices.org
Legal Advice
A legal hotline is available free of charge to ICES members from the
institutions advisory solicitors.
Advisory Solicitors
Kate Corby +44 (0)20 7919 1000
Kate.Corby@bakermckenzie.com
Jonathan Hosie +44 (0)20 3130 3343
jhosie@mayerbrown.com
Committees
ICES committees and panels are available to receive member queries.
Commercial Management Practices Committee
Chair: Jim McCluskey cmpc@committees.cices.org
Contracts & Dispute Resolution Panel
Chair: Steve Williams cdrp@committees.cices.org
Education, Professional Development & Membership Committee
Chair: Steve Jackson epdm@committees.cices.org
Finance & General Purposes Committee
Chair: Chris Birchall fgp@committees.cices.org
Geospatial Engineering Practices Committee
Chair: Chris Preston gepc@committees.cices.org
International Affairs Committee
Chair: Alan Barrow iac@committees.cices.org
ICES Network
Chair: Alex Maddison network@cices.org
Regions
ICES Anglia & Central
Chair: John Elven JohnE@Edgeconsult.co.uk
Secretary: Gordon Clark gordon@collinsprojectdelivery.co.uk
ICES www.cices.org/anglia-central
ICE www.ice.org.uk/eastofengland
ICES Eastern & Midlands
Chair: Derek Spalton d.spalton@derby.ac.uk
Secretary: Lukasz Bonenberg Lukasz.Bonenberg@nottingham.ac.uk
ICES www.cices.org/eastern-midlands
ICE www.ice.org.uk/westmidlands www.ice.org.uk/eastmidlands
ICES Hong Kong
Chair: Miranda Lui mirandalui@cices.org.hk
Secretary: Daniel Sum danielsum@darwinccc.com
ICES www.cices.org.hk
ICE www.ice.org.uk/hongkong
ICES Ireland & Northern Ireland
Chair: Ken Stewart Ken.Stewart@dfpni.gov.uk
Secretary: Ciaran Bruton ciaran.bruton@osi.ie
ICES www.cices.org/ireland
ICE www.ice.org.uk/ireland www.ice.org.uk/northernireland
ICES Northern Counties
Chair: Vince Courtney Vince.Courtney@esh.uk.com
Secretary: Claire Watkins cwatkins@wardell-armstrong.com
ICES www.cices.org/northern-counties
ICE www.ice.org.uk/northeast
ICES North West & North Wales
Chair: Mark Hudson mark_hudson@outlook.com
Secretary: Nick Blakeway nick.blakeway@jacobs.com
ICES www.cices.org/north-west-north-wales
ICE www.ice.org.uk/northwest www.ice.org.uk/wales
ICES Scotland
Chair: Mark Shaw mark.shaw@arcadis.com
Secretary: Stephen Slessor stephen.slessor@morrisonconstruction.co.uk
ICES www.cices.org/scotland
ICE www.ice.org.uk/scotland
ICES South East
Chair: Eric Zeeven eric.zeeven@cwcontractors.com
Secretary: Hugh OReilly hugh.oreilly@lbhf.gov.uk
ICES www.cices.org/south-east
ICE www.ice.org.uk/london www.ice.org.uk/southeast
ICES South West & South Wales
Chair: Mark Phillips Mark.Phillips@electricityalliance-sw.com
Secretary: Steve Lailey steven.lailey@skanska.co.uk
ICES www.cices.org/south-west-south-wales
ICE www.ice.org.uk/wales www.ice.org.uk/southwest
ICES UAE
Chairman: Dhammika Gamage dhammika.gamage@alnaboodah.com
ICES www.cices.org/uae
ICE www.ice.org.uk/nearyou/Middle-East/United-Arab-Emirates
ICES Yorkshire
Chair: Matthew Watt matthew.watt@amey.co.uk
Secretary: Batsetswe Motsumi brmotsumi@hotmail.com
ICES www.cices.org/yorkshire
ICE www.ice.org.uk/yorkshire
For detailed information and bookings see:

www.cices.org/anglia-central/
03 FEB 15: Field operations at Ordnance Survey
Skanska, Northwest Cambridge, 6pm
Speaker: Simon Navin, OS
Sponsored by Skanska
ICES Eastern & Midlands

www.cices.org/eastmidlands/
02 FEB 16: CDM 2015
Loughborough University, 6pm
07 MAR 16: The road to CEng and AGM
Nottingham University, 6pm
ICES Hong Kong

www.cices.org.hk/
ICES Ireland & Northern Ireland

www.cices.org/ireland/
ICES Northern Counties

www.cices.org/northern-counties/
ICES North West & North Wales

www.cices.org/north-west-north-wales/
Members are invited to attend open
events of the Civil Engineering Contractors
Association North West
(www.ceca.co.uk/regions/north-west.aspx)
20 JAN 16: CDM 2015
Venue TBC, 6pm
Speaker: Alan Robson, Innov8
Top: The annual ICES E&M pub quiz. thanks to compere James
Hulme and question setter George Harris. Thanks also to Derek
Spalton, Mark Davison and Lukasz Bonenberg for arranging
transport for students from Derby, Nottingham Trent and
Nottingham universities.
Middle: ICES HK members at the event on extensions of time,
presented by KK Cheung and Joseph Chung of Deacons.
Above: The ICES SE joint event with RICS on Survey4BIM.
ICES Scotland
www.cices.org/scotland/
First Tuesday of each month: Committee meeting
Douglas Hall, East Kilbride, Glasgow, 7pm
21 JAN 16: Tendering to win How to beat the
competition without cutting prices?
Arcadis, Edinburgh, 8.30-10.30am
Speaker: Anne Farr, Rothera Group
17 FEB 16: Raising awareness of CDM 2015
Scottish Water, Fairmilehead, 8.30-10.30am
Speaker: Craig Bradshaw, MacRoberts
17 FEB 16: Burns Supper
Douglas Hall, East Kilbride, 6.30pm
Speaker: Andy Cameron MBE, comedian
and broadcaster
Sponsored by Morrison Construction
18 MAR 16: Social media
Scottish Water, Stepps, Glasgow,
12.30-1.30pm
Speaker: Young and Partners
28 APR 16: Ground conditions risk in NEC3
8.30-10.30am
Speakers: Shona Frame and Greg Sibbald,
CMS
11 MAY 16: Collateral warranties
Scottish Water, Inverness, 12.30-1.30pm
Speaker: Roddy Cormack, Ledingham
Chalmers
26 MAY 16: Partnering and alliancing

8.30-10.30am
Speaker: Claudia Russell, CMS
16 JUN 16: Lean management thinking
Scottish Water, Stepps, Glasgow, noon-2pm
Speaker: Brian Butler, Scottish Enterprise
23 AUG 16: Debt recovery
12.30-1.30pm
Speaker: Young and Partners
ICES South East

www.cices.org/south-east/
04 FEB 16: Crossrail: Sustainability on a major
tunnelling project
University of East London, 6pm
Speakers: Bruno Guillaume, Dragados Sisk,
and Michael Whitehead, Crossrail
This event was originally scheduled for
5 January 2016.
22 JAN 16: ICES SE annual dinner
Amerigo Vespucci, Canary Wharf, 6.30pm
26 JAN 16: UK GeoForum Annual Lecture
RICS, Westminster, 6pm
Speaker: Nigel Clifford, CEO, Ordnance
Survey
12-01/16
ICES Regions/Events
10 MAR 16: AGM

Canary Wharf Group, London, time TBC
ICES South West & South Wales

www.cices.org/south-west-south-wales/
ICES UAE
www.cices.org/uae
ICES Yorkshire
www.cices.org/yorkshire/
15 DEC 15: The road to CEng
AMCO Rail, Barnsley, 9am
Speaker: Ian Cowling, ICES vice president
Photos from the ICES SWSW inter-professional quiz with ICE and RICS. The prize trophy (above right) was presented in memory of
former ICES president Ken Hall. Thanks to Mark Stevenson for compering the quiz and to Driver Trett, BNP Paribas, Korec and Brandwells
Construction for sponsoring prizes. The quiz was won by the ICES team, and 145 was raised in aid of the Great Western Air Ambulance.
Defence Geospatial Intelligence Conference

18-20 JAN 16: London, UK
www.dgi.wbresearch.com
International LiDAR Mapping Forum 2016

22-24 FEB 16: Denver, USA
www.lidarmap.org/international
ICE Alternative Dispute Resolution Workshop

20 JAN 16: London, UK
www.ice.org.uk/adr2016
CIHT National Conference 2016

02 MAR 16: London, UK
www.ciht.org.uk/en/events
SkyTech 2016: UAV Conference

27-28 JAN 16: London, UK
www.skytech2016.eventbrite.co.uk
Oceanology International 2016

15-17 MAR 16: London, UK
www.oceanologyinternational.com
GIM International Summit

10-12 FEB 16: Amsterdam, Netherlands
www.gimsummit.com
ACE National Conference 2016

15 MAR 16: London, UK
www.ace-conference.co.uk
RICS BIM
12 FEB 15: London, UK
www.rics.org
Bridges 2016
16 MAR 16: Coventry, UK
www.bridges.surveyorevents.com
Wishing all members and readers

a very merry Christmas and a
healthy and successful new year!
3rd Joint International Symposium on

Deformation Measurements
30 MAR-01 APR 16: Vienna, Austria
www.jisdm2016.org
SPAR International 2016
11-14: Texas, USA
www.sparpointgroup.com/international
Civil Infrastructure & Technology Exhibition CITE
12-14 APR 16: London, UK
www.cite-uk.com
ICE Americas Convention
21-23 APR 16: Port of Spain, Trinidad and Tobago
www.ice.org.uk
FIG Working Week and General Assembly
02-06 MAY 16: Christchurch, New Zealand
www.g.net/g2016
10
Institution News
ICE list of adjudicators

ICES fellows are reminded that they are eligible to join the Institution of Civil Engineers
list of adjudicators. To qualify, fellows need to have commercially managed or supervised
engineering or construction works for a period of at least 10 years, and will have to pass
the qualifying examinations and interview for the list.
ICES president David Loosemore and Contracts and Dispute Resolution Panel member
Howard Klein are offering to mentor ICES candidates through the application process.
Contact Howard Klein at howard@kleinconsult.co.uk for information.
ADR workshop
The Institution of Civil Engineers is holding a workshop on alternative dispute resolution
on 20 January at its headquarters in London. Topics to be covered include latest legal
developments; closing out the adjudication process; and decision drafting. ICES members
John Papworth and Daniel Atkinson will be presenting at the workshop.
www.ice.org.uk/adr2016
More university courses accredited by ICES

New higher education courses have been accredited by the institution this autumn. At
Plymouth University, the BSc in ocean exploration and surveying, and two masters in
ocean science and hydrography were approved following an assessment by former ICES
president Ed Danson.
The University of Glasgow had several courses accredited including the masters,
postgraduate certicate and postgraduate diploma in geospatial and mapping sciences;
and the masters, postgraduate certicate and postgraduate diploma in geo-information,
technology and cartography. The accreditation was carried out by Nick Hampson.
Farewell to a survey great

ICES was saddened to hear of the death of long-term member Kenneth Pugh at the age of
93. His wife Valerie Pugh recently wrote to the institution about her late husbands work
measuring the height of Mount Kilimanjaro back in 1952.
When working for the then Tanganyika government survey department, Kenneth Pugh
was asked by governor Sir Edward Twining to establish the height of Mount Kilimanjaro
after two aviators had reported it could be over 20,000 feet. Mr Pugh subsequently carried
out the task using triangulation and reported a height of 19,340 feet after efforts that
involved poor summit conditions, altitude sickness, and a lost day spent searching for a
missing climber. He carried out the nal summit traverse alone.
The height was conrmed in 1999 using GNSS in what Mrs Pugh describes as a very
different task from 50 years ago! She goes on to say: The conrmation at last gave Ken
a real sense of satisfaction because until then he had never felt entirely sure that he had
properly closed the summit traverse. His worries had been compounded by Sir Edward
Twinings unfavourable reaction to the mountains height being less than the 20,000 feet
he was expecting.
Mr Pugh had previously served in the Second World War, and as a surveyor for the
Royal Regiment of Artillery. He ended his career setting up a department of surveying at
the University of Trinidad.
Tough survey: Mount Kilimanjaro.
Survey4BIM
reveals big 5
Survey4BIM has published its list of
the big ve challenges to geo-enable
building information modelling. The ve
challenges are listed as generalisation; level
of detail; interoperability; meta-data; and
accuracy. Those interested in sending their
comments on these areas can complete a
questionnaire on the groups website at
www.bimtaskgroup.org/survey4bim/
The group, a spin-off from the UK
governments BIM Task Group, comprises
representatives from academia, professional
bodies, clients, equipment and software
manufacturers and contractors. It is chaired
by former ICES president Ian Bush. The
work to address the big ve challenges
builds on the success of the Survey and the
Digital Plan of Works guidance paper that
was released in September by the group.
Engineering organisations unite for

diversity push
Two engineering institutions have worked
together to promote better diversity in
the workforce. The Royal Academy of
Engineering and the Chartered Institution
of Highways and Transportation have
released toolkits with guidance and case
studies of how to improve a better balance
across gender, race, sexual orientation and
disability.
The Royal Academy of Engineering
has focused on issues outwith gender and
produced a toolkit of ideas and guidance
on building diversity that includes 17
case studies from across the engineering
sector. A statement from the academy said:
While gender must continue to be a key
area of focus, the profession ought to do
more to understand and address barriers
that might inhibit other under-represented
groups from joining and remaining in the
engineering profession. Extending the
focus on diversity and inclusion activity
beyond gender could be one way to
further address the engineering skills
shortage the UK needs 1.8 million more
engineers by 2020.
CIHT launched a diversity and
inclusion toolkit for employers alongside
the academys report. Routes to Diversity
and Inclusion is aimed specically at the
highways and transportation sector and
offers guidance, case studies and links to
expert advice for employers. Sue Percy,
CIHT chief executive, said: The business
case for diversity and inclusion has been
highlighted a number of times in the
media recently, however implementing the
changes necessary to take advantage of
these business benets does not appear to
be a priority for some employers. Often,
this is simply a case of not being sure
where to start and this is where the toolkit
can help.
12-01/16
Institution News/Letters
New president for APM
More chartered engineers for ICES
David Waboso CBE has been inaugurated

as the new president of the Association
for Project Management. Mr Waboso,
an engineer and project manager, is
capital programmes director for London
Underground responsible for leading the
1.5bn annual Tube upgrade programme.
Speaking on his new role, Mr Waboso
said: With Britains population set to rise
to 70 million over the course of the next
decade, investing in infrastructure will be
critically important. Professional project
management is the key to delivering
the vital housing, transport and energy
infrastructure we all need for the future.
Free tickets for UAV event

Civil Engineering Surveyor is a media
partner for SkyTech 2016, a UAV
conference and exhibition running from
27-28 January 2016 at the Business Design
Centre in London.
Complimentary tickets for UAV end-users
are available for the show from Robyn
Doyle at organisers Charles Maxwell on
+44 (0)151 230 2107 or email
robyn.doyle@charlesmaxwell.co.uk
11
The institution has now welcomed seven of its members into the rank of chartered
engineer. Joining the original rst two successful candidates Ian Cowling and Mark
Sheridan, are commercial managers Ioan Roberts, Kevin Blatch and James Wun, and
geospatial engineers Mark Lawton and Luke Raine.
Chartered engineer is one of the three professional registration grades open to ICES
members through its arrangement with the Institution of Civil Engineers and Engineering
Council. The grade of incorporated engineer will be available by the summer, and
engineering technician by the end of 2016.
The review interviews for the successful candidates took place in Manchester and
London, and the institution is currently looking to open a review centre in Hong Kong.
Call for evidence for Houses of Parliament restoration

The UK government has issued a call for evidence surrounding its plans to modernise
the Palace of Westminster. A major restoration and renewal programme is due to start
in 2020 and is being overseen by a joint committee chaired by the leaders of the House
of Commons and House of Lords. The committee is inviting written evidence on what
opportunities or benets a major restoration and renewal programme could bring; what
changes are required to bring the building up to the 21st century; how the buildings
heritage can be safeguarded whilst maintaining a working parliament; and the risks and
challenges of delivering the restoration programme.
Members of the restoration committee include Chris Grayling (co-chair), Baroness
Stowell of Beeston (co-chair), Chris Bryant, Lord Carter of Coles, Lord Deighton, Neil
Gray, Lord Laming, Ian Paisley, Jacob Rees-Mogg, Baroness Smith of Basildon, Mark Tami
and Lord Wallace of Tankerness.
Responses should be no longer than 2,000 words. The deadline for responses is 22 January
2016. Full details are available at www.parliament.uk
Letter to the editor

A plea from America
I was recently thumbing through the 2013 ICES Yearbook and
Directory of Members and noticed that, of the 62 countries other
than the UK in which we had members then, a mere 11 (three
geospatial engineers and eight commercial managers) were
resident over here in the USA. I dont think things have changed
much since then. It is at the very least disappointing for an
advanced, high infrastructure spending country with a population
in excess of 320 million; and we speak English!
The USA is the third most populous country on Earth. Chinas
1.4 billion, including Hong Kong, and has an ICES membership
of almost 500. I have now been resident in the USA since retiring
10 years ago and during this time, US membership of ICES has
remained static throughout. Some eight years ago, and in an effort
to improve the situation, I made contact with the American Society
of Civil Engineers (ASCE), to explore ways of opening channels of
communication with ICES the ultimate goal being to secure more
members for ICES from the USA.
I am well aware that the system of education and licensing for
professionals within our civil engineering industry is different over
here, but the closest internationally recognised body covering civil
engineering surveyors is, indeed, ASCE. It would thus seem logical
to make every effort to achieve reciprocity between our two
organisations.
It is particularly relevant to note that ASCE covers all the
disciplines within ICES, and covers all grades up to the ultimate
designations professional engineer (PE) and professional land
surveyor (PLS). In fact, it has had a geomatics division since
1926 to provide leadership within the engineering profession
for the acquisition and management of spatial data a matter
which I believe would be of particular interest to our geospatial
members. The geomatics division is now part of the captive Utility

Engineering and Surveying Institute (UESI) over here.
ASCE is a very large organisation, representing more than
140,000 members of the civil engineering profession worldwide.
In making contact with the international department of ASCE I
discovered that it has a formal agreement of co-operation with 82
engineering organisations in 66 countries around the world, two
of which are in the UK; our close associate, the Institution of Civil
Engineers, and the Institution of Structural Engineers.
The agreement of co-operation is intended to facilitate the
organisations to better serve the public and the civil engineering
profession in each country and to explore ways where ASCE
and the partner society could collaborate and advance the civil
engineering profession globally. On several occasions, I have
pointed out to past presidents of our institution, Council of
Management and our International Affairs Committee that entering
into this formal agreement would not only be excellent publicity
for us, but also an ideal rst step toward the reciprocity referred to
above, particularly in regard to membership.
I believe the time is now right to move forward in this respect.
I have discussed the matter with our man in America, Simon
Braithwaite, who has for some time been ghting against the odds
for getting greater recognition of ICES in the USA. I suggest the
rst step would be for ICES to make a formal approach to ASCE in
this regard. There is a vast untapped market over here.
I again urge ICES to act forthwith.
Barry Hiscox FCInstCES
Past President
12
Bosco Verticale Mishkabear
News Roundup
The Interlace.
Buildings of the year 2015

Two major building of the year awards
have been made for 2015. Milans Bosco
Verticale (above), which translates as
vertical forest, has won the award from
the Council on Tall Buildings and Urban
Habitat. Bosco Verticale is a mixed
ofce and residential development that
incorporates a hectare of forest cover
on its faades. When fully established,
the development will house 480 big and
medium size trees, 250 small trees, 11,000
groundcover plants and 5,000 shrubs all
acting to improve air quality by ltering
out dust, while reducing urban heat and
noise pollution.
Singapores Interlace (above right)
won building of the year at the World
Architecture Festival. The residential
development comprises 31 apartment
blocks, each six stories tall and 70m long,
stacked in hexagonal arrangements around
eight courtyards. The scheme has been
specically designed to create more shared
and private outdoor spaces on several
levels.
On receiving the CTBUH award for
Bosco Verticale, architect Stefano Boeri,
commented: Honestly, the reason we were
able to do the Bosco Verticale was because
we were able to learn from failures and
I hope other attempts will learn from the
mistakes we made.
GEO demands action

The intergovernmental Group on Earth
Observations (GEO) has adopted a ten-year
strategic plan that includes an initiative to
integrate Earth observations into national
plans to attain the UNs global goals
for sustainable development. As part of
this, China, Europe and the USA will
provide critical Earth observation data to
developing countries.
A global Marine Biodiversity
Observation Network (MBON), including
an Arctic to Antarctic network of coastal
observation centres will also be launched.
European Commissioner Carlos Moedas
said: We have reached a tipping-point
where GEO has to move its focus towards
successful societal delivery.
BREEAM and CEEQUAL to merge

The BREEAM and CEEQUAL certication schemes are to merge. CEEQUAL, whose major
shareholders are the Institution of Civil Engineers and Association for Consultancy and
Engineering, was acquired by the Building Research Establishment, who runs BREEAM.
The move is supported by all organisations involved.
A new scheme will now be developed that recognises sustainability and excellence in
construction across mixed developments. BRE chief executive Peter Boneld said: Our
long term aspiration with a single scheme is to bring together the signicant experience
and expertise behind the two rating systems to deliver enhanced environmental and social
benets for civil engineering works and better economic outcomes that benet society.
The new scheme is expected to be launched in 2017, until then CEEQUAL will remain
open to new registrations.
UK leads infrastructure index

The latest infrastructure index from law rm Nabarro places the UK as the most attractive
country for infrastructure investment. Canada, the USA, Australia and the UAE follow
in the top ve. 25 countries are ranked in the index according to the tax environment;
availability of credit; economic and national stability; ease of doing business; level of
private participation; and sustainability and innovation.
China, France and India have all fallen in rank in the index since it was last published
in 2012. Spain, Italy and the Philippines all moved up. Turkey is a high-placed new
entrant at tenth place, due to the country lowering its dependence on natural resources,
however the political atmosphere and location detract for some global investment.
Commenting on the index, Lord Adonis, chair of the newly created National Infrastructure
Commission, said: It is paramount that the UK identies and secures a good pipeline
for investors. Without it, the US and Canada offer equally attractive conditions for
infrastructure investment which could threaten the UKs number one position.
Bravery award for survey rescue

A marine scientist has been awarded
the Exemplary Act Award from the US
government after he rescued ve people
whilst carrying out a sediment transport
survey in San Francisco Bay. Andrew
Manning, principal scientist at HR Wallingford,
came across a boat entangled in a channel
marker and assisted in the rescue of ve
crew. Sadly one of the crew later died from
his injuries. Professor Manning commented:
Fieldwork in any marine environment can be
a hazardous pursuit and you always have to be prepared for any eventuality. We were all
just pleased that we could be of assistance during this emergency situation.
Andrew Manning is pictured receiving his award from Professor David Schoellhamer of US Geological Survey.
12-01/16
News Roundup
London Underground amongst innovation winners

London Undergrounds Bond Street to Baker Street tunnel remediation project won
the prize for innovation in rail and transit at the Bentley Systems Year in Infrastructure
conference last month. The project involved replacing the existing elasto-plastic concrete
lining with spheroidal graphite iron lining in a 215m tunnel segment of the Jubilee Line
whilst maintaining a normal timetable throughout.
The works took place in two-and-a-half hour windows each night, and involved the
creation of a remediation train that shuttled the workers and equipment in and out every
night (picture above). The 34m project, which took two years to complete, was hailed
for realising a 15% reduction in safety planning, risk assessment and assurance costs.
Other successful projects at the conference were Portugals Ceira River Bridge
between Lisbon and Coimbra; the Singapore Land Authoritys 3D mapping initiative;
AECOMs E4 Stockholm Bypass tunnelling project; and Vics Crane & Heavy Haul a
US transportation rm that used laser scanning to determine the best route to transport
a 160-foot long 340-tonne piece of equipment from the Mississippi to an oil renery in
Minnesota. It was a two-year long $100m project that involved redesigning roads and
bridges to support the heavy load.
UN award for Vanuatu Globe

The United Nations has recognised Australias Cooperative Research Centre for Spatial
Information (CRCSI) for its Vanuatu Globe project. The online interactive Vanuatu Globe
is an open data portal that provides GIS, LiDAR, aerial imagery and ood information
to at-risk communities in the Pacic. It identies over 10,000 buildings at high risk of
inundation within 80 years including schools, hospitals and critical infrastructure. CRCSI
has also trained 195 people from the governments of Tonga, Samoa, Vanuatu and Papua
New Guinea on how to manage and use LiDAR data.
Vanuatu Globe was given one of the UNs Lighthouse Awards for climate change action
after it was used in the aftermath of Cyclone Pam, that hit the island in March 2015. In the
days immediately following the tropical storm, the online map of Vanuatu generated 1,000
hits per day.
A photograph taken from the viewing platform
at the top of the Fife Tower of the Forth Bridge.
The image was taken by Network Rail chair,
Sir Peter Hendy, on his visit to the bridge to
discuss plans for a potential visitor centre and
bridge walk. Sir Peter said: The sight was
absolutely breathtaking.
13
In brief: Balfour Beatty has been awarded

a 104m road scheme by Norfolk County
Council to complete works on the Norwich
Northern Distributor Road. Works involve
a new 19.6km dual carriageway, nine
roundabouts, seven bridges, an underpass
and a two level junction. Galileo satellites
7 and 8 are now fully operational after
their launch in March 2015. The two
satellites now broadcast navigation signals
and search and rescue messages. Turner
& Townsend has won a $10.5m three-year
contract to support the capital programme
at Dallas Fort Worth International Airport.
The consultancys role includes estimating,
cost management and project scheduling.
The Open Geospatial Consortium and
American Society for Photogrammetry and
Remote Sensing are to jointly develop open
geospatial standards in data acquisition
and dissemination, image processing and
remote sensing science. WSP Parsons
Brinckerhoff and Schlaich Bergermann Partner
are providing structural engineering
services in the planning application for
the expansion of Chelsea Football Clubs
Stamford Bridge Stadium. Storm Geomatics
has updated its Photo Mapp app. The app
pins photos taken on an iPhone to their
location, recording latitude, longitude,
altitude, accuracy and direction, as well
as time and date stamping the photos.
The updated version also includes the
what3words global addressing system.
The US Air Force successfully launched its
11th GPS IIF satellite at the end of October.
It is the penultimate satellite in the IIF
series to launch. The Joint Contracts
Tribunal has added more main contracts and
a range of collateral warranties to its online
service, JCT On Demand.
Wales opens LiDAR data

The Welsh government has altered access
to its LiDAR data from licensed to open
access. Digital surface and terrain data
are now free to download from an online
portal. The Lle Geo-Portal of environment
data is currently in beta mode and
developer Natural Resources Wales is
asking for feedback. A historic archive will
also soon be added to the site.
Super trams for Yorkshire

The UK Department for Transport has
approved plans for the countrys rst
tram-trains to run in South Yorkshire. The
Tinsley Chord will be developed to allow
new super trams to join the existing rail
network.
Network Rail will now begin work on
the 160m of new track, and overhead
lines. Once completed, the tram-trains will
provide a direct service between Shefeld
city centre and Rotherhams central train
station and Parkgate retail park.
12-01/16
Legal Q&A
15
Legal Q&A: What to look out for in 2016

Greg Sibbald, Lawyer, CMS
UR top three developments

to look out for in 2016 are the
Insurance Act 2015; the Enterprise
Bill and building information modelling.
Insurance Act
Q: What legal
developments can we
expect to see next year
directly impacting on
the engineering and
construction sectors?
The Insurance Act 2015 is due to come into

force in August 2016, and is set to radically
alter UK insurance law. It introduces a
number of changes relating to warranties;
disclosure and insurers remedies for
fraudulent claims, to name but a few.
In terms of disclosure, the act introduces
a duty of fair presentation. As part of this,
a duty is placed on an insured to disclose
all relevant circumstances which it knows
or ought to know, or to provide sufcient
information to put a prudent insurer
on notice that it needs to make further
enquiries for the purpose of revealing those
material circumstances. Provided that
the information disclosed is clear and
accessible to a reasonable insurer (and
not misleading) then the insured will have
discharged its disclosure obligation. This is
aimed at encouraging active engagement
by insurers in terms of disclosure, as well
as clarifying certain existing law.
The act also places an obligation
on parties to disclose information in
a manner which would be reasonably
clear and accessible to a prudent insurer
in an attempt to avoid the practice of
data-dumping where large volumes of
unorganised documentation is provided in
an attempt to protect the insureds position.
Time will tell the effect of the act in
practice. However, those who are insured
should take the opportunity to review their
disclosure practice and procedures now.
The Enterprise Bill

The Enterprise Bill (currently going through
the UK parliament) looks to introduce a
number of measures which will impact on
the engineering and construction sectors.
This includes reducing red tape for SMEs
and assisting them in recovering payment
from larger rms.
A small business conciliation service or
commissioner has been proposed which
the UK government hopes will reduce legal
costs and maintain business relationships

by reaching mutually satisfactory
agreements between those in dispute over
payment, and reduce a culture of late
payment to smaller contractors.
Full details of how it will operate are
not yet known. However, it is set to have
an impact on all those in the supply chain,
given how claims are often referred up the
chain.
BIM
Building information modelling has been
on the agenda for some time. The UK
government set 2016 as the target date for
all UK public sector projects to operate
using level 2 BIM.
Anyone whose main source of work
comes from these projects will be making
the necessary changes to ensure that
they are ready to deal with the technical
aspects of this digital revolution. However,
consideration should also be had to the
implications that this will have on the
contracts that facilitate these projects.
The governments Construction Client
Group strategy paper from 2011 claims
that little change is required in contracts to
facilitate working at level 2 BIM. Time will
tell whether this will be the case. There
are a number of areas already where it
seems thought will be required to ensure
additional BIM requirements are dealt with.
One example is how to ensure clarity over
the roles and responsibilities of the various
parties involved in the process and dealing
with newly created roles.
Additionally, a number of legal
documents have been produced to assist
in the implementation of BIM including the
Royal Institute of British Architects plan of
work; the New Engineering Contract guide
on the use of BIM; Joint Contracts Tribunal
public sector supplements; and the
Chartered Institute of Buildings contract for
use with complex projects. Undoubtedly
we can expect to see many more as BIM
roles out.
Greg Sibbald, Lawyer, CMS
greg.sibbald@cms-cmck.com
www.cms-cmck.com @cms_law
16
Meet the Membership
Mark versus The Volcano

Name
Mark Sheridan
Grade
Fellow
Occupation
Quantity surveyor
Employer
BAM Nuttall
What encouraged you to join the industry?

My dad is a quantity surveyor. Towards the
end of my time in high school, he would
arrange trips for me around the buildings
he was working on at the time in and
around Glasgow.
I couldnt get enough of it. I loved,
and still love, the idea of being part of a
team that creates something. Later it was
civil engineering projects that captured my
interest due to their size and complexity.
Did you ever consider a different career?
For a long time I wanted to be a
vulcanologist (the person in the silver
suit taking samples from a volcano). If I
didnt enjoy what Im doing now, I would
still be attracted to that either that or a
presenter of civil engineering topics on the
Discovery Channel.
I travel the UK and further,

being involved with enthusiastic
intelligent people who make
remarkable things happen on a
daily basis.
What academic or professional qualications do

you have?
I have an honours degree in quantity
surveying from Glasgow Caledonian
University. Im a chartered engineer
(proudly, one of the very rst to achieve
this via ICES), a fellow of ICES and a
member of ICE.
What does a typical day involve?
One of the main reasons I enjoy my job
is that typical days dont exist. A couple
of weeks ago I started on the Monday
with a visit to our site in Leeds, Tuesday
was our site in Liverpool, Wednesday and
Thursday was Dales Voe in Shetland and I
nished the week at a meeting in London,
before travelling back to Glasgow. Its not
just the location that differs, each project
is accompanied by its own unique set
of challenges. Many times these will be
technical, but they can also be contract,
logistic, resource or people related. I guess
if anything is typical it is the opportunity to
problem solve.
Can you give an example of any recent projects
you have been working on?
Ive been very lucky with the projects
Ive had the opportunity to be involved
in, many of them have been what
people may consider as iconic; including

the decommissioning of the water
catchments in Gibraltar; the Luas light
railway in Dublin; London Underground;
London Olympic Park; Rosyth Dockyard;
Devonport Dockyard; as well as Sellaeld
and Dounreay power stations.
More recently people would recognise
Crossrail and HS2 or perhaps the superquarry at Glensanda. Having said that,
many of the small projects have given me
just as much interest and experience.
What are the good and bad bits about your job?
The best part of my job is that I travel
the UK and further, being involved with
enthusiastic intelligent people who make
remarkable things happen on a daily basis.
Being bored is not something that I ever
have to worry about, Im very lucky in that
regard, Im well aware that this is not true
for everyone.
I terms of the disappointing parts
of my job, unfortunately I work in an
industry where people are still being hurt
and diversity could be improved. Great
improvements have been made in these
areas since I started my career and, with
the effort and commitment I now see
devoted to these, Im sure we will arrive
at the right place. However, what I would
point out is that everyone in our industry
has the power to bring that time forward
through their actions and behaviours on a
day-to-day basis.
If you were to recommend your job to someone
else, what would you say?
Would you like a job where you will never
be bored, one that challenges you on a
continual basis to make yourself better,
and one where you are working in a
team of outstanding people who make a
difference to the daily lives of people in
our community?
Whats been your biggest career challenge?
For me the career itself is the challenge. I
need to guard against thinking that I have
learned everything about a given subject
or situation. Every time I think that, I am
quickly reminded that I dont and I learn
12-01/16
Meet the Membership
17
Taking in the view.
The construction industry does not surprise me

anywhere near the amount that the people who
work in it do.
something new (usually the hard way).
Continual improvement is great except
when you are currently experiencing it.
Where would you like to take your career in
the future?
Ive never really worried about that in the
past and the same is true now. Throughout
my career, opportunities have come and
gone at different times. I think the most
important thing is to make sure that I have
a choice. Joining ICES as an associate
member, progressing to member and
fellow then eventually gaining chartered
engineer status is all part of that, as is
becoming a member of ICE and applying
the principles of continual improvement in
my job. I would hate to nd myself in the
position that I had to do things rather than
choose to do them. I dont think I would
be as effective or engaged.
What surprised you about the construction
industry, if anything?
The construction industry does not surprise
me anywhere near the amount that the
people who work in it do. Their ability to
continually nd new ways to do things that
seem impossible is amazing. Their ability,
understanding, intelligence and problem
solving is very often underappreciated
when compared with other industries but
thats because brilliant engineering goes
unnoticed, it just works, it makes peoples
everyday lives better without them ever
realising it.
If you could change one thing about the
construction industry, what would it be?
Very simple. We would never injure or
harm another person in the course of our
projects from this point forward.
What encouraged you to join ICES?
A number of people who I respect were
already members at the time. I was looking
for something that was appropriate to me
and would allow me to interact with others
both within the industry and within my
organisation who shared the same role. I
also wanted to measure myself against a
recognised standard and nd out if I was
any good or not.
Have you had any involvement with the ICES

regions, committees or panels?
One of the few drawbacks to my job is
that because of the amount of travelling
I do it can be very difcult to commit to
committees and panels not only within
ICES but generally. Its for that reason that
being involved in the chartered engineer
pilot process has been a real opportunity
to contribute to the institution. Im now
going through the process of becoming a
CEng examiner to allow me to continue
that contribution. There is always a way to
get involved, sometimes it just takes a bit
of lateral thinking.
What are your hobbies and interests?
My rst love is football, again my travelling
makes it difcult to play regularly, but I
do when I can. I watch a lot (far too much
according to my wife) both in person at all
levels from my son Scotts team (under 8s)
right up to professional level.
In the last year or so I have discovered
the joys of cycling mountain biking
outdoors and spinning classes indoors
when the Scottish weather is just too bad.
I nd it a brilliant way of keeping t and
de-stressing whilst keeping my mind active
(how will I avoid that tree?!). It also means
that I get to enjoy some of the beautiful
Scottish scenery surrounding Glasgow.
I spend most of my free time with
my family. As well as my son, I have
a daughter, Erin, who is three. Very
importantly, she makes sure that I am up to
date with the latest Justin Bieber and One
Direction singles.
18
Scan Pyramids
Scan Pyramids: Can survey technology

reveal Egypts hidden past?
Abigail Tomkins, Managing Editor
The latest international multi-agency project to

investigate the Pyramids
UST because a mystery is 4,500

years old doesnt mean it cant be
solved is the motto of a new
multi-agency project to survey Egypts
pyramids. Scan Pyramids launched last
month and involves the Egyptian Ministry
of Antiquities, Cairo Universitys Faculty
of Engineering, the French HIP Institute,
Canadas Universit Laval and Japans
Nagoya University. The non-destructive
technologies that Scan Pyramids will
employ include infrared thermography;
muons radiography; and photogrammetry.
The project focuses on four pyramids
of Egypts Fourth Dynasty (2575-2465BC).
At Dahshur, 15km south of Saqqara, the
Bent and Red pyramids will be studied
and at Giza, 20km from Cairo, the Khufu
and Khafre pyramids. Khufu, the great
pyramid, is the last of the Seven Wonders
of the Ancient World still standing today
and is the largest stone monument ever
built, with a base of ve hectares and an
original height of 150m.
What we know so far
From top: The Bent, Red, Khufu and Khafre pyramids in Egypt and
what is known about their interiors to date.
All images HIP Institute.
Pyramid. It has a perfectly geometric 43

slope believed to be due to lessons
learned building its predecessor. The
entrance is on the north face, at a height of
28m, from which a corridor gives access to
two antechambers, one of which leads to a
7m passage to a single burial chamber.
Khufus Pyramid
Width at base: 230m
Height: 146.59m
Khufus Pyramid, built by Snefrus son
Khufu, is on the Giza Plateau and is the
tallest of the Egyptian pyramids. Its height
is estimated to be greater before the Middle
Ages, when its smooth outer coating and
capstone were stripped. The pyramid
has three chambers, an abandoned
underground chamber 30m below the
base; the Queens chamber; and the
Kings chamber, where there is an empty
sarcophagus. Khufu has suffered from
looting and the entrance currently used
is one that was carved by looters the
original entrance is about 10m above this.
Khafres Pyramid
Width at base: 215.16m
Height: 143.5m
Khafres Pyramid on the Giza Plateau
was built by Khufus son and is the
second largest pyramid in Egypt. It has
two entrances on the north face, one at
ground level, the other 11m above. The
rst entrance leads to a corridor and onto a
chamber, it then rises at an angle to reach
an upper passage. The funeral chamber
is excavated in the rock at the base and
contains a stone sarcophagus.
The Bent Pyramid

Width at base: 188m
Height: 105m
The Bent, or South, Pyramid at Dahshur
was built by Snefru, who reigned from
2575-2551BC and was founder of the
Fourth Dynasty. It is the rst pyramid with
smooth, rather than stepped, faces. The
Bent name comes from the way its slopes
start at an angle of 54, and change around
halfway up to 43 believed to be due to
difculties in construction at such a steep
angle. The pyramid has two entrances, one
on the north side and one on the west, that
lead to two burial chambers.
;OL[LJOUPX\LZ[OH[^PSSUKV\[TVYL
The Red Pyramid

Width at base: 220m
Height: 105m
Also built by Snefru is the Red, or North,
Pyramid, situated 1km from the Bent
Infrared thermography
Infrared thermography works by measuring
the different temperatures given off by
the energy radiation from the pyramids
stones. Camera sensors detect infrared
waves and attribute colour to the varying
12-01/16
Scan Pyramids
temperatures. By scanning the pyramids surfaces, the technique

will show potential cold spots which could indicate where further
chambers and passages are located.
Scan Pyramids involves two infrared thermography subprojects; one by Jean-Claude Barr from French technology
company LedLiquid and a year-long mission by the Universit
Laval of Quebec, Canada. Because of the effect of the suns heat
on the surfaces, Jean-Claude Barrs infrared thermography survey
will take place at 30 minutes before sunrise, at noon and in the
evening in order to generate thousands of images that can then be
compared to detect cold spots.
The longer Canadian project uses modulated thermography
adapted from a non-destructive testing technique used in the
aerospace industry. It factors in seasonal variations in temperature
when comparing the infrared imagery, which can lead to a denser
heat wave. The slower the variation in temperature, the deeper the
thermal wave. The day/night variation is expected to probe several
centimetres below the pyramids surface, whereas it is hoped the
thermal shock of a summer/winter variation will enable much
deeper analysis.
Muons radiography
Muons radiography is a technique currently being used to monitor
volcanic activity and has more recently been adapted to assess the
Fukushima nuclear plant reactors. It measures muons, elementary
particles that fall from the upper layers of Earths atmosphere at a
constant rate of 10,000 per square metre per minute. The particles
can pass through any structure, including large and thick rocks.
By placing muon detectors within the pyramids, and monitoring
the accumulation of muons over time, it is possible to detect void
areas where the particles fell freely, compared to denser areas
where they were deected or absorbed. This element of the
project is being led by Japans high energy accelerator research
organisation KEK and Nagoya University.
19
The rotary UAVs will then y closer to the pyramids

taking images of the blocks themselves at
centimetre resolution, looking for alignment and
assembly patterns and traces of tools.
Photogrammetry
Data and imagery collected from UAVs will be used to
generate a high resolution 3D model of Dahshur and the Giza
plateau, including the pyramids, temples and Sphinx. French
photogrammetry company Iconem will y both xed and rotary
wing UAVs.
The xed wing system will map the area to a resolution of
5cm, and it is hoped it will show up traces of ancient ramps
and construction paths across the sites, as well as the outlines of
unexcavated buildings below ground. The rotary UAVs will then
y closer to the pyramids taking images of the blocks themselves
at centimetre resolution, looking for alignment and assembly
patterns and traces of tools. Laser scanning will then be used
inside the pyramids. Data from the systems will be processed
using software from INRIA, the French national institute for
computer science and applied maths.
Scan Pyramids is not the rst attempt to use modern technology
on the pyramids and it wont be the last. It hopes, at least, to be a
notable step in the future centuries of research that will build on
the millennia of honest and not so honest activities of the past.
Instead of training Egyptologists in the use of technical and
surveying methods and equipment, it has taken the tack of letting
the specialists gather the data and then presenting this to the
archaeologists and Egyptologists to decipher. Let each expert do
what they are best at. And, more importantly, let them do this
without drilling a single hole. This year of non-destructive testing
could reveal more than four millennia of plunderings and carvings.
The project is expected to conclude around the end of 2016.
Abigail Tomkins, Managing Editor
atomkins@cices.org @amtomkins
www.scanpyramids.org
The techniques being used on the Scan Pyramids project. From top: infrared thermography; muon
radiography; and photogrammetry from UAVs.
20
Adjudication
Awarding interest and costs in adjudication

A refresher and update
Jeremy Winter
FCInstCES,
Independent Arbitrator and Adjudicator
LAIMS for interest and costs of pursuing an adjudication

can be a material part of any adjudication claim,
particularly if the dispute about the amount due has been
rumbling on for some time. This article is intended to serve as a
refresher and update about the principles applying to the recovery
of interest and claim costs in adjudication.
Interest
Since the effect of the Housing Grants, Construction and
Regeneration Act 1996 (HGCRA) is to give the appointed
adjudicator the right to decide a dispute arising under a
construction contract, it follows that the adjudicator can make a
decision on a partys claim to be entitled to payment of interest
on top of the claimed debt. Competently drafted construction
contracts contain provisions for the payment of interest on
overdue amounts. For example, the New Engineering Contract
third edition core clause 51 provides for payment of interest,
both on late payment of certicates, and where an amount due is
corrected in a later certicate, either by the project manager or by
an adjudicator. The interest rate is to be completed in the contract
data, at a rate of not less than 2% above a designated bank rate.
The Joint Contracts Tribunal Standard Building Contract 2005, in
clause 4.13.6, contains provision for the payment to the contractor
of simple interest on amounts not paid on time by the employer.
A good reason
Principles applying to the

recovery of interest and
claim costs in adjudication
One good reason why competently drafted construction contracts

(even bespoke employer-favourable ones) should contain a
provision for payment of interest is that if they do not do so,
then UK statutory law imposes interest. This is the Late Payment
of Commercial Debts (Interest) Act 1998. The wording of this law
requires careful consideration, but the following is the essence
of what it does1. It implies into every contract for the supply of
goods and/or services a provision that any qualifying debt created
by the contract carries simple interest in accordance with the act.
Interest becomes payable 30 days after either (a) the date the work
is performed, or (b) the date the purchaser has had notice of the
amount of the debt, whichever is the later. The rate of interest is
specied by the relevant minister. At the moment it is 8% above
the Bank of England base rate of 0.5%, so a total of 8.5%.
If a contract contains a remedy for late payment of debts that
constitutes a substantial remedy, interest under the late payment
act is not applied. The act says a contractual remedy for late
payment is a substantial remedy unless the remedy is insufcient
to compensate the supplier for late payment (or for deterring late
payment), and it would not be fair or reasonable to allow the
contractual remedy to replace the statutory one.
To be a substantial remedy, the contractually agreed rate of
interest does not need to be 8% above base rate. In Walter Lilly v
1
See government guidelines at: www.gov.uk/government/uploads/system/uploads/
attachment_data/le/360834/bis-14-1116-a-users-guide-to-the-recast-late-payment-directive.pdf
12-01/16
Adjudication
One good reason why competently drafted

construction contracts should contain a provision
for payment of interest is that if they do not do so,
then UK statutory law imposes interest.
21
This is vital because otherwise the claim for interest does not
form part of the dispute which is referred to adjudication.
Deciding something that did not form part of the dispute puts
the adjudicators decision at risk of being challenged for lack
of jurisdiction (though the courts are taking a liberal approach
to what is included in the scope of a dispute referred to
adjudication). An adjudicators decision on interest was challenged
for lack of jurisdiction in Partner Projects v Corinthian Nominees
2011 and, despite some doubtful reasoning, his decision was
upheld. On the other hand, an adjudicator cannot award interest
under the Senior Courts Act 1981 (because an adjudicator is not a
judge) or the Arbitration Act 1996 (because an adjudicator is not
an arbitrator).
Costs
Mackay 2012, a contractually agreed 5% above base rate was held
to be substantial enough. In contrast, in Yuanda (UK) v WW Gear
Construction 2010, a mere 0.5% above base rate was held not to
be enough, with the result that the statutory rate applied.
Interest can be claimed as loss and expense under a contract.
It can also be claimed as damages for breach of contract. For
example, a contractor may contend that it has had to extend
its borrowings from the bank because of non-payment by the
employer. Subject to appropriate proof, this is sometimes a
viable head of claim in litigation and arbitration. Whether it is
claimable in adjudication will depend on the exact wording of the
adjudication clause in the contract.
The NEC clause W1.1 is widely drafted to refer to adjudication
any dispute arising under or in connection with the contract.
Because of the words in connection with, this is unquestionably
wide enough to cover a claim for damages for breach of contract.
The JCT wording is a little narrower it just refers to adjudication
any dispute or difference [which] arises under this contract.
Applying established case law1 regarding the interpretation of
arbitration clauses, this wording too is very likely to be wide
enough to cover a claim for damages for breach of contract
(including a claim for interest).
In Carillion v Devonport 2005, the Court of Appeal held that
paragraph 2(c) of the scheme does not create a self-standing
power to the adjudicator to award interest. The power to do so
must be contained elsewhere in the contract.
Likelihood
So when it comes to adjudication, these are the sorts of things an
adjudicator is likely to be able do with regards to interest:
Under NEC, alter the amount of a project managers
certicate and award interest on the difference between
the date the original incorrect amount was certied and the
date the adjudicator decides what the correct amount should
have been.
Under JCT, award simple interest on a late or unpaid amount.
Where the contract contains no provision for payment of
interest, award interest in accordance with the late payment act.
Under any contract, determine that the contractually agreed
rate of interest does or does not provide a substantial remedy
and if not, to apply the statutory rate.
(Probably) decide a claim for interest as damages for breach
of contract.
The normal practice in adjudication is that each party bears its

own costs of pursuing the adjudication. An adjudicator has no
self-standing power to award costs (see Northern Developments v
Nichol 2000).
Over the years, attempts have been made to shift the burden
of adjudication costs. Main contractors started to introduce clauses
into subcontract conditions clauses which provided that the
subcontractor should bear its own, and the main contractors,
costs of any adjudication, irrespective of the outcome. These
were known as Tolent clauses, after the case2 in which their
enforceability was tested (and approved). Other decisions
followed which conicted with the Tolent case.
Parliament then intervened, and these type of clauses were
one of the things addressed in the Local Democracy, Economic
Development and Construction Act 2009, which amended the
HGCRA. It was clearly the intention of parliament to ban Tolent
clauses. However, the drafting (which takes the form of an
amendment to section 108 of the HGCRA) appears to do exactly
the opposite.
On a simple reading of the new section 108A, providing a
provision regarding the allocation of costs is made in writing,
is contained in the construction contract and confers power on
the adjudicator to allocate their fees and expenses as between
the parties, it is effective. Since this interpretation goes against
parliaments intention, commentators think that the English court
is likely to interpret s.108A purposively, so as to bar Tolent
clauses. The Scottish court has taken the opposite view3. This is
not very helpful to an adjudicator confronted with a claim based
on a Tolent clause. Is it to rule it enforceable or unenforceable?
The only comfort is that, whichever way the decision goes, this
is unlikely to give rise to a basis for challenging the decision.
Perhaps Tolent clauses are no longer very common, in which case
the issue is rather academic.
Different adjudication rules make their own provisions about
adjudication costs. For example, the latest Technology and
Construction Solicitors Association adjudication rules say:
25. If the parties so agree in writing after any party has given
a notice in accordance with rule 3, the adjudicator shall have
jurisdiction to award the parties legal and expert costs in
relation to the adjudication as he sees t.
26. Notwithstanding anything to the contrary in any contract
between the parties, the adjudicator shall have no jurisdiction
to require the party which referred the dispute to adjudication
to pay the costs of any other party solely by reason of having
referred the dispute to adjudication.
This is all subject to two important provisos:

That a proper claim for the interest has been asserted in the
pre-adjudication claim documentation.
That the claim is then re-asserted in the notice of
adjudication and the referral notice.
As to paragraph 25, it will be rare that parties reach an agreement

to give the adjudicator jurisdiction to award costs after the notice
of adjudication has been given, because one party usually knows
3
Fiona Trust v Privalov (2007)
Bridgeway v Tolent 2000 CILL 1662

Prole Projects v Elmwood (Glasgow) 2011
22
Adjudication
it is likely to be the loser. The wording of

paragraph 26 states in clear words what
was generally thought to have been the
objective of section 108A of the 2009 act.
As to the adjudicators fees, the
applicable adjudication rules (and the
Scheme for Construction Contracts, if it
applies) give the power to the adjudicator
to determine how the payment of fees and
expenses is to be apportioned between the
parties (but they will remain jointly and
severally liable for those fees).
A new potential for recovering a partys
adjudication costs has presented itself in
the form of a recent amendment to the Late
Payment of Commercial Debts (Interest)
Act 1998. By an amendment made in 2002,
section 5 of the late payment act was
changed to add the following wording
about compensation for late payment:
Once statutory interest begins to run in
relation to a qualifying debt, the supplier
shall be entitled to a xed sum (in
addition to the statutory interest on the
debt) [emphasis added]
However, the xed sum was a rather
small amount, just 100 for a debt of over
10,000. In 20131, the Late Payment Act
was again amended to add the following
wording:
5A (2A) If the reasonable costs of the
supplier in recovering the debt are not
met by the xed sum, the supplier shall
also be entitled to a sum equivalent to
the difference between the xed sum
and those costs. [emphasis added]
This wording has alerted the adjudication
claims community to the possibility of
claiming claimants adjudication costs,
on the thesis that the derisory 100 (or
less) xed sum compensation for late
payment is not sufcient to meet the
costs of a referring party recovering its
debt through adjudication. As discussed,
the late payment act is likely to apply
to most construction contracts. It works
by implying terms into a contract. The
provision for payment of a xed sum or
reasonable costs works in the same way. It
becomes an implied term of the contract.
So the claim for adjudication costs would
be a claim under the contract, and so
within the adjudicators jurisdiction. The
adjudication costs will be part of the costs
of the supplier in recovering the debt.
However, like a claim for interest, a
claim for costs under the late payment
act, as amended, has to form part of the
pre-existing dispute which is referred to
the adjudicator. So if the claim for the costs
incurred in preparing for and conducting
the adjudication is included for the rst
5
Late Payment of Commercial Debts Regulations (SI

2013/395) which came into force on 16 March 2013
time in the notice of adjudication and/or the referral notice, this is

not likely to form part of the dispute.
What if the claimant has already incurred costs (for example,
with claims consultants and/or lawyers) and has asserted a claim
for those costs under the late payment act before the adjudication?
The argument would be that those costs thereby form part of
the dispute, and can be claimed in the adjudication, as can the
remainder of the costs of conducting the adjudication.
Support for the idea that reasonable adjudication claim costs
should be recoverable is to be found in the EU directive (2011/7/
EU)2 which was the basis for the 2013 amendments to the late
payment act. It says, in article 6(3):
The creditor shall, in addition to the xed sum referred to in
paragraph 1, be entitled to obtain reasonable compensation
from the debtor for any recovery costs exceeding that xed
sum and incurred due to the debtors late payment. This could
include expenses incurred, inter alia, in instructing a
lawyer or employing a debt collection agency.
[emphasis added]
If a claim for costs of adjudication is included in the notice of
adjudication, that will mean that the total claim is higher than it
was before the dispute was referred to adjudication. For the claim
in adjudication to be higher than it was before is not unusual (or
fatal). The crucial issue is whether the heads of claim already form
part of the dispute.
It must be the case that, under a contract provision or the late
payment act, an adjudicator can assess interest up to the date
of their decision. If that is so, there seems no good reason why
(under the same act) they should not assess costs of recovering the
debt up to the date of their decision, including claims consultants
and/or lawyers fees. In the Partner Projects case referred to above,
the judge held that the adjudicator was entitled to re-assess what
the contract administrator had done, and having done so, award
interest. Similar logic can be applied to the award of costs.
Unlike in litigation or arbitration, there is no separate phase
of an adjudication for the assessment of the costs involved in
pursuing the adjudication. So a claimant must give the adjudicator
the necessary material for making its assessment. Since this will
be submitted at the beginning of the adjudication, it will likely
include some costs still to be incurred. To make it as easy as
possible for the adjudicator to do their job, prudence dictates
that the claim for costs still to be incurred should be realistic
and modest.
Like the provisions relating to interest, this provision about
costs can be amended providing it provides a substantial remedy.
If awarding adjudication costs under the late payment act becomes
common practice, it is likely that main contractors will react by
including protective wording in subcontracts. For example, to
provide for the recovery of an amount of costs expressed as a
percentage of the amount awarded by the adjudicator (perhaps on
a sliding scale), or simply a xed amount (but this would have to
be materially higher than the 100 in the statute).
Jeremy Winter FCInstCES,
Independent Arbitrator and Adjudicator
jeremy.winter@jeremybwinter.com
www.jeremybwinter.com
6
At http://eur-lex.europa.eu/LexUriServ/LexUriServ.
do?uri=OJ:L:2011:048:0001:0010:en:PDF
12-01/16
NIC
23
The National Infrastructure Commission

and the future of industry
Peter Campbell, Senior Policy Manager, Association for Consultancy and Engineering
Why the NIC needs to collaborate with

the civil engineering industry
HIS autumn, the establishment of a National Infrastructure

Commission (NIC) has given the industry hope that this
body will be able to provide robust, evidence-based
recommendations on the UKs infrastructure requirements leading
to reduced policy uncertainty, and therefore reduced industry
uncertainty. Already, a variety of infrastructure projects, such as
Crossrail 2, are seeking the backing of the NIC, supporting its
presumed prominence for the future of UK infrastructure.
This idea is not a new one. It was rst proposed by Sir John
Armitt in a review concluded prior to the last general election.
This was supported, with caveats, by the majority of the
infrastructure sector. It was intended as a long-term, cross-party
investment to secure the continued progress of UK infrastructure
and connectivity through knowledge sharing and realistic pursuit
of ongoing projects that have often encountered delays in project
follow through.
With Lord Andrew Adonis at the helm, the commission is
composed of many infrastructure heavyweights; Sir John Armitt,
Tim Besley, Demis Hassabis, Lord Michael Heseltine, Sadie
Morgan, Bridget Rosewell and Sir Paul Ruddock. The range and
calibre of those appointed should reassure the infrastructure
and engineering sector of the governments commitment to the
development of infrastructure networks, and imbue the sector
with the condence needed to deliver the major capital projects to
future proof the UKs international competitive position.
It is important now that the group meets quickly, establishes
terms of reference, and begins engaging with all those concerned
on the three priorities tasked by the chancellor, namely,
transforming the connectivity of the northern cities; tackling
large-scale investment in Londons public transport; and ensuring
investment in energy infrastructure.
A signicant challenge going forward is to ensure that the
commission works alongside the existing expertise groups that
are just as vital for the success of critical projects and that the UK
will rely upon for continued connectivity in the coming years.
Such collaboration should include the National Infrastructure Plan
Strategic Engagement Forum (NIPSEF), which stands as a unique
collaboration of expertise. NIPSEF brings together representatives
of all forms of infrastructure delivery (nanciers, supply chain,
asset owners, and end users) and an excellent range of expertise
driven towards bettering UK connectivity.
For the NIC to undertake the quality complex assessments
and produce the realistic as well as strong recommendations that
would foster condence from all involved in UK connectivity
projects, commissioners will have to reach out to stakeholders
with accessible expertise. This is particularly important considering
For the NIC to undertake the

quality complex assessments
and produce realistic as well
as strong recommendations
that would foster condence
in UK connectivity projects,
commissioners will have to
reach out to stakeholders with
accessible expertise.
the unknown results that will occur from
the merger between Infrastructure UK and
the Major Projects Authority. Accessible
forums of expertise like NIPSEF are an
important resource for commissioners.
Failure to utilise them risks duplication,
and could slow down the work pace of
the commission.
Thus far, the National Infrastructure
Commission has maintained the momentum
it gained through the swift appointment
of commissioners. With a call for evidence
currently open, from 13 November to
8 January, NIC is already displaying interest
in taking on board the expertise of others.
Yet it will only be seen after the call
closes, if this interest will lead to further
collaborations in order to properly guide
actions to improve UK infrastructure.
We, along with other industry activists,
have high hopes for the NIC, for by
collaborating with existing infrastructure
groups, the potential drive is immense.
Peter Campbell, Senior Policy Manager,
ACE
pcampbell@acenet.co.uk
www.acenet.co.uk
@petergcampbell
24
Historical Surveying
The curious matter of the

colonial American mile
Ed Danson
FCInstCES,
Past President
When is a mile not a mile?

When a foot is not a foot.
Ed Danson explains...
ETWEEN 1751 and 1763, three

teams of the best surveyors in
British America were running
border lines to demarcate the borders
between Maryland and its neighbour,
Pennsylvania. One border in particular
proved insurmountable the so-called
Tangent Line; a perfectly straight line of
83 miles from the southwest corner of
what would become Delaware to graze,
at a tangent, the 12 mile circular border
centred on New Castle, Delaware. It
was this extraordinarily difcult line that
was the impetus for the engagement, by
provincial proprietors Thomas Penn and
Lord Baltimore, of Charles Mason and
Jeremiah Dixon, whose names would
become immortalised in that most famous,
and infamous of borders, the MasonDixon Line.
In 1962, the US Coast and Geodetic
Survey found that the ve-mile monuments
along the Tangent Line were at an average
12 feet per mile greater than a modern
mile. In 1974, the US National Ocean
Survey found a similar difference for the
trans-peninsular line surveyed in 1751
running from Fenwick Island in the east to
Chesapeake, where the mile appeared to
be 18 feet longer than a modern mile. The
Mason-Dixon Line Preservation Partnership,
who surveyed the boundary stones along
the West Line (the Mason-Dixon Line)
using precise GPS, found that on average
the miles were 12-13 feet too great. The
same mysterious long mile has been found
in other work, notably Andrew Ellicott
and Benjamin Bennakers 10 mile square
perimeter of the District of Columbia where
the monuments are nearly 15 feet long in
a mile.1
From these examples, and others, it
appears that the foot in mid-18th century
America was some 0.003 inches longer
than the modern standard foot. The
question is, why? Was there a difference
in measurement standards used in British
America and the British homeland? A
comparison of 18th century brass standards
made for the Royal Society (including
1
Babcock, Todd PLS, chair, Mason-Dixon Line

Preservation Partnership. Correspondence with
author
the Parliamentary Standard of 17582, two

standards used by Mason and Dixon, and
ve standards used by the Royal Society
in 1818) proved that the differences in
these various brass standards were, for all
practical purposes, insignicant and could
not account for the long mile.
The earliest extant precise baseline in
Britain is the Hounslow Heath base (across
what is now Londons Heathrow Airport)
measured by Colonel William Roy in 1784
for the Principal Triangulation. In 1820,
the baseline was recomputed to bring it in
alignment with the new imperial foot; as a
consequence, the baseline grew by 1.8 feet,
or about 0.16 feet per mile. If Roys mile
was almost the same as the modern mile,
we must look elsewhere for the reasons
why miles in 18th century British America
were 12 or more feet too long.
In a fascinating paper on the history
of the curious Philadelphia Foot, retired
Philadelphia regulator, James Shomper,
explored the reasons behind the citys legal
foot being 0.025 inches longer than the
standard foot.3 Philadelphia is not the only
2
Lyons, Henry. The Royal Society, 16601940,

Cambridge University Press, 2015
3
Shomper, James, PLS. The Philadelphia Regulators Surveying in Philadelphia Where a Foot is not a Foot,
proceedings of Surveyors Rendezvous, Philadelphia,
2013
Map of the Mason-Dixon Line.
12-01/16
Historical Surveying
city in the United States with an unusual (by modern standards)

length standard. A mile measured by the Philadelphia Foot was
(and is) therefore 5,293.2 feet, that is to say, almost identical with
the length of the mile of Mason and Dixon and their colonial
counterparts. Mr Shomper is of the opinion that the Philadelphia
Foot came about because the city, in its early days, used a
common 16.5 foot measuring rod (pole or perch), possibly carried
there by the rst surveyor-general, Thomas Holme. Although
a Yorkshireman, Holme had spent most of his life in Ireland, a
country from which, in 1682, he left for America at the advanced
age of 58.
The rod would not have been calibrated to any particular
standard, other than the comparative measures kept in the county
halls, and what was customary among Irish and English surveyors
of the time. Is it a coincidence that the Philadelphia mile shares
close similarities with the mile of Mason and Dixon and their
contemporaries?
In 1768, Mason and Dixon measured the rst ever British
degree of latitude for the Royal Society, exploiting the at terrain
of the Delmarva Peninsula. During the process, Mason noted the
discrepancy between miles measured by Gunters chain and
those measured with precision 20 foot levels fastidiously
calibrated against the Royal Societys 60-inch standard sent across
specically for the project. In his paper to the Royal Society in
1768, Mason wrote:
These measurements... were made with a chain, established
from a brass statute yard, which was proved and corrected,
in the course of the work, by another statute chain (kept only
for that purpose) made from the said brass yard. They were
only designed for dividing the provinces of Maryland and
Pennsylvania: the same lines were re-measured afterwards with
wooden rectangular levels, for the purpose of determining the
length of a degree of latitude. 4
Mason noted the difference between the two methods averaged
about 9.5 feet always nding the miles greater by the chain
measure... which shews that the chain was continually extending
itself by use; as we had direct proof of, being obliged to contract it
every day.
David Lee Ingram PLS, an expert on 18th and 19th century
survey tools and methods, opines that an error of 12-15 feet over
a mile using a chain would not be surprising in difcult country if
insufcient care was not employed. However, Mason and Dixons
4
Mason Charles and Jeremiah Dixon. Length of a Degree of Latitude in the Provinces
of Maryland and Pennsylvania, in North America. Philosophical Transactions of the
Royal Society, read January 1768
25
It appears that the foot in mid-18th century

America was some 0.003 inches longer than the
modern standard foot. The question is, why?
crew were very careful. Could the fault be
due to chain stretching as Mason claims?
Mr Ingram thinks it unlikely for a quality
chain. He makes two important points:
More signicant than stretch is

chain wear... perhaps as much as
two inches after prolonged use.
Over correcting for slope... an
accumulating error.
On the second point, when chaining over

undulating ground a surveyor would add
a small amount to the supercial distance.
For example, Mason and Dixon allowed
100 feet for the small inclinations of hills,
etc when measuring the exact 15 miles the
West Line had to be south of Philadelphia;
i.e. about 1:800.
Given that the examples of long miles
occur in attish as well as extremely hilly
regions, overcompensation may account
for the spread of excess, i.e. between
12-18 feet, but not the systematic
difference thus ruling out supercial
compensation as a cause.
Circling back to Jim Shompers paper
on the Philadelphia Foot, a chain made
to the Philadelphia Foot would give a
mile 13.2 feet long, almost exactly the
same as the chain used by SurveyorGeneral Benjamin Eastburn in 1738. In
my opinion, the most likely explanation
points to the chains used by Mason and
Dixon being made in Philadelphia, and not
in England as commentators have always
assumed. Provided by the Pennsylvania
commissioners, the Philadelphia chains
would have ensured consistency between
their surveyors earlier work and that
of Mason and Dixon; i.e. in sympathy
with the Philadelphia Foot. This would
make practical as well as legal sense, and
demonstrate the heightened awareness for
preserving accuracy of these 18th century
colonial surveyors.
Ed Danson FCInstCES, Past President
This article is a truncated version of an appendix paper
in the revised edition of Ed Dansons book Drawing the
Line: How Mason and Dixon Surveyed the Most Famous
Border in America due out in March 2016.
26
Jamming
Getting real
Real threats to GNSS call for realistic test scenarios
Guy Buesnel, Product Manager GNSS Vulnerabilities, Spirent Communications
HE use of global navigation satellite system jammers

was already going mainstream among cargo hijackers
two years ago. In 2013 global logistics services company
Freightwatch reported a spate of container thefts in southern Italy
targeting high value, low risk shipments of scrap metal. A car pulls
up beside the truck, forcing the driver to pull over at gunpoint.
The driver is held captive whilst the trailer is unloaded and a
powerful GNSS jammer employed to make sure that the contents
are not tracked. Whilst the devices they used can be purchased
online for less than $20 each from China, their widespread use in
this manner shows that criminals are more than aware of the use
of tracking devices that use GNSS to locate the whereabouts of
luxury cars or high value cargo shipments.
Since then, in October 2014, the FBI cyber division cited 46
car thefts where a GNSS jammer was placed in cargo containers
along with stolen vehicles. It also refers to an incident where a
refrigerated trailer was stolen and GNSS jamming equipment was
used, even though the container did not have a tracker. The point
was that the thieves employed a jammer as a matter of routine.
This jamming could be just the tip of the iceberg, because
there are a growing number of applications using GNSS to track
employees or extract payment, including driver monitoring;
insurance; delivery/logistics tracking; road tolling; taxi-movement
monitoring and recycling depot usage. All these offer a motive to
jam or spoof GNSS signals in order to avoid being tracked or to
deliver false tracking data.
Whilst the use of jamming equipment by organised criminals
may have come as a surprise to some, there are obvious parallels
between the evolution of threats in the Internet protocol (IP)
industry and GNSS threats. In 2003, cyber defence specialist SANS
Institute dened the groups that would attack the internet as:
Guy Buesnel on the

consequences of
GNSS jamming
both intentional and
unintentional
Unstructured hacker
Structured hacker
Organised crime/industrial espionage
Insider
Unfunded terrorist group
Funded terrorist group
Nation state
Up until now, the GNSS industry has been fortunate that only
the rst two groups have taken any interest in GNSS. However,
it is clear that organised criminals have learned from the rst
unstructured hacker groups the employees who do not want
to be tracked and are becoming ever more sophisticated in the
ways that they disable GNSS as the industry has become reliant on
it to provide tracking and monitoring services.
The harm this can cause is compounded by the impact on
bystanders GNSS applications. One military GNSS jamming
exercise in Idaho in April 2015 led to unexpected alarm when
crop spraying aircraft, tractors and heavy equipment lost signals
during planting season. During the outage truck drivers and
Artistss impression of the

Galileo GNSS ESA
12-01/16
Jamming
One military GNSS jamming exercise in Idaho in

April 2015 led to unexpected alarm when crop
spraying aircraft, tractors and heavy equipment
lost signals.
27
It is also an obvious choice for launching

terrorist or cyber-war attacks. Spoong can
be carried out in two ways. The rst is the
manipulation of position or timing data at
the application layer a good example
of this is the increasing incidence of
people jailbreaking their iPhones or tablets
and installing a fake location application
to spoof their position information.
Applications using location information are
then fooled into thinking that the phone or
tablet is situated in another country. The
second method (and the more technically
demanding) is to fake the actual satellite
navigation signals. A group of non-GNSS
specialists demonstrated this technique at
Defcon 23 in Las Vegas in August 2015.
Test techniques for GNSS
tractor operators sat idle waiting for the navigation signals to

return, which cost the farms an unspecied amount of money.
This was obviously an extreme case, but the growing likelihood of
perturbations in GNSS reliability with the increasing use of cheap
imported jamming equipment presents a wider threat. The surge in
numbers of small personal protection device jammers being used
to circumvent the use of GNSS tracking devices has also increased
the risk of important functions relying on GNSS being disrupted in
a totally unexpected manner.
1HTTPUNHUKZWVVUN
Deliberate jamming of GNSS signals is a relatively crude attack.
More sophisticated jammers also jam the wireless communications
channel that the tracker uses, but the result is the same. It simply
stops the tracker from operating. This gap in the signal should
itself sound a warning that something bad is happening, but
thieves know that there are often stretches of a journey where
the GNSS signals are not good enough to provide a x, as well as
some where cell coverage is poor. This means that the odd gap in
a trackers reporting or logging does not necessarily raise suspicion
and thieves have realised that they can take advantage of this fact.
More sophisticated types of attack are possible. Instead of
crudely blocking the signal, one can introduce fake signals that
make it seem that the system is still working normally, while
it is actually starting to return false location data. This is called
spoong. It provides a fake location signal that can lead a vehicle
off course, report an incorrect position or convincingly imitate an
operating fault.
Spoong is a more technically demanding attack, and harder
to detect, but it will become increasingly likely as the stakes get
higher and criminal gangs become more technically sophisticated.
Testing a receiver for vulnerability against

jamming or spoong calls for specialised
test criteria. Resistance to jamming can be
measured in terms of ability to withstand
interference up to a certain power level,
and in terms of specied types of jammer.
By far the most portable jammers on sale
today operate at a single frequency on
L1, compared with some of the newer,
more costly multi-frequency jammers.
Spoong attacks, however, require a test
that assesses the capability of the receiver
to detect GNSS-like signals that contain
authentic navigation messages.
In both cases, the test involves
generating the appropriate attack signals
and seeing how the device responds.
The signals can be transmitted over the
air to the devices antenna, or else by
wire. It might be assumed that a wireless
transmission provides more realistic testing,
but it is actually far harder to regulate an
environment that guarantees no signal
leakage is required, whereas transmitting
signals down a cable to the device in a
laboratory allows extremely sensitive and
accurate monitoring and measurement
of the receivers behaviour under truly
realistic GNSS operating conditions, as
well as under simulated spoong or
jamming attacks.
In recreating realistic operating
conditions, todays advanced signal
generator software can calculate the
positions and velocities of the satellites
within each constellation. Then signals
from the satellites visible to the simulated
vehicle antennae are generated and
modulated to allow for dilution-of-precision
(DOP), clock biases, ramps, atmospheric
modelling and additional GNSS signal
error effects that can be specied and
superimposed to recreate very precise
variations in operating conditions.
Next, there are vehicle trajectory models
to simulate the vehicles likely motion and
range of manoeuvres. Other variations
include modelling the reception pattern of
the navigation sensors antenna in terms of
Amberg IMS
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SQ@BJLD@RTQDLDMSQDCTBDRBNRSRDM@AKDRDEjBHDMSSQ@BJL@HMSDM@MBD@MCSGTR
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12-01/16
Jamming
amplitude and phase, the gain pattern representing the composite

effect of the free-space reception pattern and the shadowing
effects caused by the vehicles own body during manoeuvres.
Having created a thoroughly realistic operating scenario, a
whole range of jamming, interference or spoong signals can
then be simulated and superimposed, with similar precision in
terms of amplitude and frequency modulation and different types
of waveform.
This means that every theoretical type of threat can be built up
and tested against. But there is a limitation, in that actual attacks
might not be anticipated and understood well enough for such
careful modelling. This limitation is addressed by a new approach
that records and documents actual real world attacks, to allow
them to be reproduced in the testing process.
Detecting and documenting GNSS threats

The use of real world GNSS threats in testing user systems
and equipment for robustness to radio frequency interference
(intentional or unintentional), spoong, multi-path and solar
weather events is becoming an important factor. Bringing realworld threats together in one place will make the testing of
receiver and system robustness a much more efcient and
effective process.
Collecting real-world threats becomes a lot easier with the
use of GNSS interference detection technology. The interference
detector is a xed listening device that monitors the RF
environment in the GNSS frequency bands over a range of
approximately 500m for potential sources of GNSS interference.
The detector can trigger an alert to let the user know that an
interference event has been found and it also captures the
interference waveform which allows the user to carry out analysis
and make observations on its nature. The waveform can also be
stored in a database and re-synthesised so that it can be used to
test equipment for assessing its resilience. Detector technology can
be used in two ways:
To monitor and analyse interference events that are

occurring in a specic location. Using detection technology
in this context allows users of GNSS reliant systems to
understand the threats to the GNSS signal in the vicinity of
the systems that rely on it. Used in this way, the resulting
data from the detector system can be used to inform
risk management approaches and allow a user to make
informed decisions on improving the robustness of their
equipment.
To verify whether the GNSS signal environment in a
particular location is clean and free from interference.
The use of detection technology here is important for
organisations that use live sky testing to evaluate the
real world performance of a receiver, device or system.
Here, the detector can verify that live satellite signals are
uncontaminated by interference and can even raise an alert
if interference is detected in the immediate environment.
Using detection technology in this way can deliver
signicant benets in terms of reduced test times and costs.
Conclusion
As society grows increasingly dependent on reliable GNSS
technology, so do the opportunities for disruption caused
by deliberate or accidental tampering with its signals. Where
companies operate services that rely on GNSS to provide accurate
positioning or precise timing data, it is good practice to estimate
the cost that the loss or disruption of GNSS would cause to the
business. It is worth carrying out an impact and risk assessment.
Often the engineers involved can quickly understand the technical
implications of GNSS interference or spoong on systems and
services, especially if theyve carried out a test campaign, but it is
only once the risk and impact to the business has been assessed
29
The growing likelihood of perturbations in GNSS

reliability with the increasing use of cheap
imported jammers presents a wider threat.
that the most effective mitigation strategies
can be put into place.
GNSS equipment manufacturers and
major users now have the means to
test devices for performance, reliability
and vulnerability to attack. There are
also ways to improve the robustness of
user equipment too. Understanding the
behaviour of GNSS-reliant systems or
devices when subjected to real-world
threats is the rst step to making the user
experience better. It is only with a regime
of thorough testing against a known realworld threat baseline that the behaviour of
the system or device can be understood
and once understood, methods to mitigate
can be considered. There is an array of
mitigation techniques available to GNSS
device manufacturers today, such as use of
multi-element antennas, multi-frequency,
multi-constellations, augmentation with
a back-up positioning or timing sensor,
improved receiver autonomous integrity
monitoring (RAIM), fault detection and
exclusion (FDE), but it is important that
the use of these techniques is wellinformed and best suited to the end-users
applications.
Testing devices under a range of realistic
or extreme operating or attack conditions
will also help to improve performance
and reduce vulnerability. Whats more, an
extension of the cloud-based library service
could encourage manufacturers to develop
standardised tests against set criteria. If
this leads to the denition of globally
recognised standards for performance,
reliability and resistance to interference
it will not only reduce risk but also
encourage sales of GNSS equipment by
increasing user condence.
Guy Buesnel, Product Manager GNSS
Vulnerabilities, Spirent Communications
www.spirent.com
@spirent @buesnel
Call for Papers

The geospatial event for everyone involved in the gathering,
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Online abstracts
submission
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22 January 2016
Cutting Edge Conference

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Hear leading industry experts presenting papers on how
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The conference committee is seeking cutting edge, thought
provoking abstracts that truly demonstrate the remarkable
impact that geospatial technologies and solutions are having
on our global environment. Interested parties are asked to
submit a 250 word abstract online by 22 January 2016.
Topics of interest include (but are not limited to):
Geospatial Economic Efciency

Case studies that demonstrate signicant cost savings
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Manager, MBS Survey
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Recent projects that demonstrate how innovative
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Examples of how geospatial innovations are changing
the way companies do business which in turn is
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Promoting sustainable business practices with the
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12-01/16
LiDAR
33
So, what exactly can you do with LiDAR?

James Eddy, Technical Director, Bluesky International
IRBORNE LiDAR (light detection

and ranging) is the most rapid
and efcient method of accurately
measuring the height of the earths surface
and objects on it. LiDAR is often perceived
as just a method of creating a terrain
model, but it is far more than that, and for
many applications it can save time and
money by reducing eldwork or more
manual methods.
What is LiDAR?
LiDAR was conceived in the 1960s for
metrological purposes, soon after the
invention of the laser in the 1950s. Over
the past ten years there has been a
proliferation in the use of LiDAR sensors,
regularly used in both airborne and ground
surveying, as well as in many other sectors,
including surgery, cutting, guidance and
measuring. This has been accompanied
by an increase in the awareness and
understanding of LiDAR in previously
unrelated industries as applications are
adopted. Lasers themselves are very
accurate in their ranging capabilities, and
can provide distances accurate to a few
millimetres.
An airborne LiDAR system is made up
of a single laser with a receiver. The laser
produces an optical pulse (a beam of light)
that is transmitted towards the ground,
reected off the ground or an object it hits,
and returned to the receiver. The receiver

accurately measures the time of travel of
the pulse from its start to its return, and
the intensity of the light returned. With the
pulse travelling at the speed of light, the
receiver senses the return pulse before the
next pulse is sent out. As the speed of light
is known, the travel time can be converted
to a range measurement. The LiDAR
combines the laser range (i.e. the distance),
laser position from GNSS and laser
orientation from an inertial measurement
unit (IMU) accurate x, y and z ground
coordinates can be calculated for each
individual laser pulse. The IMU measures
the attitude of the aircraft (i.e. the roll,
pitch and yaw) to a very high degree of
accuracy. The LiDAR sensor collects a huge
amount of data and a single survey can
easily generate millions of points totalling
several terabytes of data.
Airborne lasers can work at up to
500Mhz, which means it can re up to
500,000 pulses of light per second. Modern
LiDAR systems can record multiple returns
from the same pulse. If a beam hits a tree,
for example, some of the beam will hit
a leaf and send a reection (or return),
the rest of the beam will continue down
sending returns from other leaves and
branches, eventually hitting the ground,
and reecting off that. This is known as the
last return.
Examining what LiDAR is,

how it works and what the
applications are for the
resulting data
Airborne LiDAR system.
34
LiDAR
the geographic 3D position of an actual

LiDAR return. The return and associated
coordinate could be the position of a
return off the ground, a building, a tree,
or any other object that the laser beam
has hit and been reected from. The data
can be imported into a variety of software,
including GIS, CAD and other more
specialist software.
The image above shows an area as a digital surface model (DSM), which contains the buildings and vegetation. Such objects are
removed in the DTM during the data processing stage.
The initial LiDAR data can be further

enhanced using additional post processing,
some of which can be automated and
some manual. Further processing utilises
the multiple return signals from each laser
pulse. By evaluating the time differences
between the multiple return signals, the
post processing system can differentiate
between buildings and other structures,
vegetation and the ground surface.
This process is used to remove surface
features to produce bare earth models
digital terrain models (DTM) and other
enhanced data products. For example,
it is also possible to do selective feature
extraction, such as the removal of trees and
other vegetation to leave just the buildings.
As LiDAR is what is known as an active
sensor in other words it emits its own
light pulse it can be operated in the day
or night and there are more opportunities
to capture the data, unlike aerial
photography which relies on daylight.
Flood modelling
Features such as buildings, constructed
river banks or roads have a great effect
on ow dynamics and ood propagation.
Frequent urban ooding has been
observed in many parts of the UK over the
past decades, most recently in Cumbria,
and an urgent need is identied to improve
and increase our modelling efforts to
address the effect model input data has on
the simulation results. Even differences of
a few tens of centimetres can mean a lot
in loss calculations in urban areas. LiDAR
has brought this level of detail allowing
for much more accurate ood prediction
models to be created.
With widespread ooding, LiDAR is
the most efcient method to assist lead
local ood authorities in the assessment of
changes in manmade or natural features.
LiDAR data can also be incorporated into
relief, rescue and ood simulation software
to provide advanced topographical
information for risk assessment.
LiDAR data
As discussed above, the LiDAR system
records a series of three dimensional
points, to create what is known as a
point cloud. A point cloud is simply a
virtual cloud of points in 3D space. If
you imagine a 3D shape with the surface
covered in enough points to replicate
the shape of the object. Point clouds are
intended to represent the 3D external
surface of an object, for airborne LiDAR
this is the surface of the earth. Modern
airborne LiDAR is accurate to within about
10cm of its actual position.
Point clouds need specialist software to
view and work with, therefore the point
cloud is often converted to a 3D grid, with
regularly spaced pixels.
An area before ood modelling has been carried out.
Airborne LiDAR applications

LiDAR is very easy to work with to create
data products that meet a wide range
of needs. The simplest form of data
acquired from LiDAR is an ASCII format
le-containing x, y, and z coordinate
data. This coordinate data corresponds to
The same area displaying the effects of ooding.
12-01/16
Arboriculture, forestry management and planning

Accurate information on the terrain, tree
heights and densities is critical to tree
managers, foresters and natural resource
managers. LiDAR is unique in its ability
to measure the vertical structure of forest
canopies and individual tree crowns. As
well as mapping the ground beneath the
forest, LiDAR is able to predict canopy
bulk density and base height. Both of these
factors can be used for, amongst other
things, canopy fuel capacity for use in re
behaviour models. LiDAR surveys allow
large scale surveys to be taken with a level
of cost-effectiveness not previously available.
Another use of LiDAR is the measurement
of peak height to estimate the root expanse.
This is a valuable tool for insurers when
considering houses in particular areas.
Knowing the proximity of trees and invasive
species to property, overhead power cables
and other infrastructure is an increasing
application. It is also increasingly being used
to identify habitat corridor gaps, signicantly
reducing costs in comparison to large scale
manual surveys.
Urban planning
Urban, city or town planning explores
several aspects of the built and social
environments of municipalities and
communities. LiDAR data, when combined
with digital orthophotos, can be used
to create highly detailed digital surface
A LiDAR point cloud showing clearly the trees coloured by height.
LiDAR of a major motorway junction.
LiDAR
35
Point cloud of high voltage powerlines.
models and eventually digital city models.

Using specialist software it is also possible
to create estimated surface models of
buildings from the original LiDAR data.
This technology allows large area models
to be created in a very short space of time.
Accurate digital models are required
today for many applications including
telecommunication and wireless
communication (for calculating line of
sight), disaster planning, air and noise
pollution modelling and infrastructure
planning. Combined with GIS, LiDAR can
also help identify areas not previously
mapped such as new buildings and
extensions not captured on base maps.
Slough Council, for example, has used
a LiDAR survey to update its data it
found a signicant amount of previously
unknown new buildings and extensions.
Identication of these additions is critical
for the emergency services and building
inspectors, as well as understanding the
implications for local infrastructure.
LiDAR data can also be used with GIS
and CAD software to help planners and
engineers to model various scenarios for
calculating the best outcome of a proposed
construction, such as a new highway
or development.
Corridor mapping
The built landscape is made up of a
network of routes, which comprises
transport or utilities forming corridors
across the countryside. These corridors
require very specic management, and
high density LiDAR is now for many
practitioners the main data source for
this management.
Transportation corridor mapping to
support engineering planning and change
detection of road networks requires
high spatial resolution and high scale
engineering mapping accuracy. Airborne
LiDAR data can be used to capture large
amounts of data over large areas and
ground based LiDAR can be used to add a
greater amount of detail in specic areas.
36
LiDAR
This method allows the most cost-effective

process for site-specic LiDAR capture.
Power lines
Power transmission line surveys are
also regularly undertaken using LiDAR,
where vegetation overlap and potential
damage can be accurately assessed and
targeted. Very high density LiDAR allows
the detection of individual power lines
and components making up the pylons,
which can be used to measure the sag of
lines (catenary) and even the individual
insulators.
Quarries, minerals and waste volumetrics
and exploration
LiDAR can be used to survey land to see
its suitability for mining and quarrying,
as well as give an accurate indication
of environmental impact. LiDARs high
accuracy also means that a quick survey
can be undertaken that will give precise
volumetric measurements for existing
quarries and waste materials within a few
centimetres. The same method can be used
to measure stockpiles of coal and other
such materials.
Archaeology
LiDAR is increasingly used in the
eld of archaeology including aiding
in the planning of eld campaigns,
mapping features beneath forest
canopy, and providing an overview of
broad, continuous features that may be
indistinguishable on the ground. LiDAR
can also provide archaeologists with the
ability to create high-resolution digital
elevation models (DEM) of archaeological
sites that can reveal micro-topography that
are otherwise hidden by vegetation. This
can be integrated into a GIS for analysis
and interpretation. Beyond efciency,
its ability to penetrate forest canopy has
led to the discovery of features that were
not distinguishable through traditional
geospatial methods. In the UK this has led
to the discovery of many new important
archaeological features including Roman
roads, forts, Iron Age enclosures and, in
LiDAR has revealed the building footprints of an old PoW camp enabling an exercise in recording some local history with older citizens.
even more recent history, prisoner of war

camps and trenches.
Mapping and cartography
Traditionally maps have been created from
aerial photography and ground surveys,
but more recently LiDARs high resolution
and accuracy has enabled it to be used
in the creation of maps. If the LiDAR has
been classied then this can assist in road,
building and vegetation identication
and subsequent mapping. The 3D aspect
of LiDAR makes it especially suitable for
mapping terrain models, including complex
mountain topography or in wetlands and
other restricted areas. Other topographical
data can be derived from LiDAR such as
high-resolution contour maps, or maps
of buried features such as pipelines.
Mapping from LIDAR is in several countries
becoming the standard method.
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12-01/16
LiDAR
37
This diagram shows (in red) the area that a new wind turbine would be visible from.
Renewable energy
Renewable energy is a relatively new
sector that has beneted from LiDAR.
Proposed wind farms are often modelled
using LiDAR during the planning stage,
with the same data also used for public
engagement to demonstrate the impact on
the environment. As the LiDAR contains
the shape of the land, trees and buildings,
wind can be accurately modelled, so the
turbines can be placed in the most effective
and aesthetic location.
The solar industry is also beginning to
benet from LiDAR. The exact shape, slope
and aspect of individual roofs can be very
accurately measured across an entire city.
The usable area can be then determined
along with shading from nearby trees and
buildings. This information, combined with
annual solar radiation information is used
to calculate the annual solar yield and
potential return on investment. The entire
solar potential can be determined for a city
at a fraction of the cost of a full survey.
LiDAR is also being used for the
identication and yield calculations of
ground based solar farms. The information
within the LiDAR allows for quick
estimations as the slope, aspect and
shading of a eld can be determined.
Coastline management
LiDAR enables surveys to be taken of the
coastline give great insight into the land/
sea interface. This gives a snapshot of the
coast at specic time intervals; combining
multiple datasets over many years can
give a valuable insight into occurrence of
coastal erosion and deposition. Modelling
of coastal change is the precursor to
the planning of coastal defences and
infrastructure; LiDAR is quickly becoming
the gold standard for this preliminary work.
In addition the detail of sensitive habitats
such as sand dunes and salt marshes offer
a powerful tool for coastline ecology and
management.
Shading analysis
As mentioned above LiDAR covers all
objects on the earths surface, which allows
the data to be used for shade modelling.
The accuracy and detail of LiDAR makes it an essential component

of many applications that help inform local authorities and other
land management organisations in their areas of responsibility.
This is useful for the solar industry, as well as in the planning stage of new developments
for shadow analysis.
Viewshed analysis
The environmental impact of new development is key to the planning process, and one
of the main factors is visibility. LIDAR can be used for assessing the visibility from and to
new developments in a 3D environment, from new housing to wind farms and roads to
warehouses.
Conclusion
The accuracy and detail of LiDAR make it an essential component of many applications
that help inform local authorities and other land management organisations in their areas
of responsibility. One LiDAR data supply can have multiple uses across many departments
ranging from ood mapping, urban modelling, renewable energy, construction,
infrastructure planning to archaeology. These multiple applications make LiDAR a costeffective way of providing highly accurate base data across all departments of a local
authority in a single ight. Regular ights will provide an indication of change and risk,
essential in assessing local authority policies.
The use of LiDAR within a wide scope of organisations, including local authorities,
is growing rapidly as the uses and data handling are become more understood. It is
predicted that LiDAR will become as widespread as other geographic information such as
mapping and aerial photography in the coming years.
It is often perceived as a very expensive data source, which was the case several
years ago, but as with most technologies this type of data is becoming more affordable,
particularly when it can be applied across so many disciplines.
LiDAR is a rapidly changing technology. The power, speed and accuracy of the
sensors is ever increasing, and the scope of application will inevitably increase in line.
We will perhaps see airborne LiDAR become as commonplace as aerial photography,
with countries undertaking national surveys. Already some EU countries do have national
LiDAR coverage, with more to follow. It is an exciting time in to be in aerial survey.
James Eddy, Technical Director,
Bluesky International
James.eddy@bluesky-world.com
www.bluesky-world.com
@Bluesky_int
This article was adapted from the Bluesky white paper LiDAR Applications.
38
Liquidated Damages
The latest decisions on liquidated damages

Are contractors likely to pay the penalty?
Lindy Patterson
QC FCInstCES,
Partner, and Laura McEwan, Lawyer, CMS
N the conjoined appeals of Cavendish Square Holdings v

Makdessi and ParkingEye Limited v Beavis (2015) UKSC 67, the
Supreme Court was asked to consider the law of liquidated
damages and penalties for the rst time in a century. Neither
case concerned a construction contract but the decision will have
implications for the industry.
Liquidated damages clauses are well known to those working
in the construction sector. They provide a party with a pre-agreed
level of compensation in the event of the other partys breach.
Although this breach is more often than not delay in completion
or part completion, it is also used regularly to compensate for
other breaches. The advantage of liquidated damages is that they
provide certainty for both parties as to the amount of damages
payable on breach and avoid the difculty of having to prove
actual loss, as would be required when seeking general damages.
They are considered by both contractor and employer to be
preferable for these reasons.
Although quite a signicant body of case law has built up
around these clauses, they have generally operated well with a
good degree of understanding for many years. Before Cavendish,
the accepted test for determining whether a clause was a penalty
was set out in Dunlop Pneumatic Tyre Company v New Garage
and Motor Company (1915) AC 79. This established the oft-quoted
requirement that liquidated damages should be a genuine preestimate of the enforcing partys loss, so as not to be of a level
that is extravagant or unconscionable deterring the other partys
breach of contract. Although it is a high test to successfully argue
that liquidated damages are extravagant and unconscionable (see
Alfred McAlpine v Tilebox (2005) EWHC 281 TCC), the test itself has
ensured that most employers and their agents carefully work out,
at the outset of a contract, what they assess as the potential loss
in the event of the breach to which they want to attach liquidated
damages. Has Cavendish changed this?
What implications will

Cavendish and ParkingEye
have on construction?
The decision in Cavendish

In Cavendish, Mr Makdessi challenged the loss of the contractual
right he had to the second and third instalments of the purchase
price of the business he sold to Cavendish. The share purchase
agreement he had signed up to provided that if he was in breach
of any of his restrictive covenants he would lose the last two
instalments (worth $44m) and have to sell the remainder of his
interest in the business to Cavendish at a signicant discount. Mr
Makdessi claimed that these clauses were unenforceable penalties.
In particular, it was noted that any minor breach of the restrictive
covenants would attract signicant losses.
In ParkingEye, Mr Beavis challenged an 85 parking ne when
he had overstayed the two-hour time limit in a private car park.
The rule as to enforceability of liquidated damages was looked
at very carefully by the Supreme Court; and they also reviewed
other jurisdictions approach to this. Cavendish tried to argue
that any rules that prevented the enforceability of these clauses
should be removed leaving parties free to contract as they saw
12-01/16
Liquidated Damages
The Supreme Court was asked to consider the law of liquidated

damages and penalties for the rst time in a century.
t. Although the Supreme Court did not agree with this, it upheld the clauses in the
Makdessi contract and the ParkingEye terms and conditions. The court found that in
Makdessis case the importance of this clause lay in protecting the value of the companys
goodwill by giving the sellers a real incentive to remain loyal to the company. Makdessi,
they considered, had agreed to peril his entitlement to the deferred consideration on his
continued loyalty.
The court found that the test of whether a clause was a genuine pre-estimate of loss
was only appropriate in straightforward cases where the innocent partys loss was clear.
In other cases, the test is whether the clause:
...imposes a detriment on the contract-breaker out of all proportion to any legitimate
interest of the innocent party.
[emphasis added]
This necessitates a two stage analysis: (1) whether there is a legitimate interest protected
by the clause; and (2) assuming such an interest exists, whether the consequences in
protecting that interest are nevertheless extravagant, exorbitant or unconscionable.
In assessing the legitimate interest, the court expressly recognised that it need not be
nancial or quantiable so long as the innocent party has a genuine interest to protect.
Moreover, there no longer needs to be a correlation between the loss suffered (or
anticipated to be suffered) by the innocent party and the liquidated damages, as long as
they are not extravagant, exorbitant or unconscionable. This was best demonstrated by
the decision in ParkingEye where the car park management company suffered no loss by
Mr Beavers overstaying the two-hour free parking limit. However, it was held to have a
legitimate interest in making a prot in monitoring the car park for the landowner.
Implications for construction

Whilst it seems that the rule against penalties is here to stay, it does so in a more diluted
form. It is likely there will be less scope for contractors to challenge the enforceability of
liquidated damages clauses. Employers, on the other hand, now appear to have greater
freedom to dictate the compensation payable for breaches, even where there is no clear
nancial loss.
Where the decision may be helpful to contractors, is in passing down liability for
liquidated damages under the main contract to subcontractors. Previously, contractors had
to estimate the likely damage from the subcontractors breach causing delay before it had
happened. This was difcult where several contractors were responsible for the delay.
Now it may be easier to argue that this pass down represents a legitimate interest when it
is clear that the delay is due to at least one of the subcontractors.
The decision will have implications for those involved in negotiating contracts. In
advising employers, an effort should still be made to estimate potential losses where there
are clearly nancial consequences attached to the breach, for example loss of rent due to
the delay in completing a shopping centre or ofce. Where there is no clear nancial loss
or it is unquantiable (for example, loss of reputation) then such losses are still likely to
be recoverable as long as they have a legitimate interest in ensuring performance and the
level of liquidated damages is not unreasonably high.
We may see further cases as the limits of these decisions are tested in their application
to construction contracts.
Lindy Patterson QC FCInstCES, Partner, and Laura McEwan, Lawyer, CMS
Lindy.Patterson@cms-cmck.com
Laura.Mcewen@cms-cmck.com
www.cms-cmck.com @cms_law
39
40
Project Bank Accounts
Are project bank accounts an SMEs saviour?

Andrew Leisk
MCInstCES FCIOB MRICS,
Commercial Manager
Andy Leisk looks at the pros and cons
It is well enough that people of the nation do not understand our banking
and monetary system, for if they did, I believe there would be a revolution
before tomorrow morning.
Henry Ford
We are leading the way with this innovative approach to paying smaller
suppliers, and where better to do so than in an industry where more than
99% of businesses are SMEs. Project bank accounts mean SMEs will be
paid faster, freeing them of the burden of juggling with their cash and
allowing them to focus on expanding their businesses instead of chasing
payments.
Francis Maude, Minister for the Cabinet Ofce
HE UK governments Guide to Best Fair Payment

Practices sets out a charter in which it commits to
having payment terms that do not exceed 30 days. So,
are project bank accounts (PBA) a long overdue lifeline to cash
strapped subbies? Is the government once again forced to act as
constructions collective conscience? Or, is the industry in better
fettle than envisaged?
A lot of talk
It can be argued that the genesis of PBAs started in 1994 when
Michael Latham published his well known Constructing the Team
report, in which he identied industry inefciencies; condemning
existing practices as adversarial, ineffective, fragmented, incapable
of delivering for clients and lacking respect for employees. Latham
has been followed by a number of subsequent reports, with
similar aims:
1995: Levene, Efciency Scrutiny

1996: Construction Industry Board, Partnering in the Team
1998: Egan, Rethinking Construction
2001: National Audit Ofce, Modernising Construction
2002: Strategic Forum for Construction, Accelerating
Change
2007: Ofce of Government Commerce, Guide to Best Fair
Payment Practice
2008: Wolstenholme, Never Waste a Good Crisis, A Review
of Progress since Rethinking Construction and Thoughts to
our Future
2011: Cabinet Ofce, Government Construction Strategy
Several of these reports have made projections of substantial

savings within the industry if their recommendations were
adopted. The Government Construction Strategy states an
intention to achieve savings in the order of 15-20%, so why are
the recommendations not adopted by the

industry? Regardless of all these reports,
the perception of the industry still remains
as wasteful, adversarial and incapable of
delivering quality for clients. Under such
circumstances could it be inferred that
the industry operates (a) more effectively
than it appears from the outside; (b)
that expectation is unrealistic; or (c) that
recommendations have been consistently
poorly implemented?
At this juncture it is noteworthy to
record that criticism of the construction
industry is not peculiar to the UK. Similar
assessments have been made in the USA.
Payment cycles
In 2008, Andrew Wolstenholme recorded
that elongated payment cycles continued
to be endemic and the practice of subbiebashing through re-tendering was rife.
Several attempts have been made over the
years to solve the problem of late payment
practice which bedevils the construction
industry, including the Housing Grants,
Construction and Regeneration Act 1996
and Late Payment of Commercial Debts
(Interest) Act 1998, which provided a rate
of 8% above base for late payers, but they
seem to have had little impact. Seemingly,
subcontractors were reluctant to sue the
main contractor for fear of a downturn in
future work opportunities.
The use of PBAs was implemented in an
attempt to address late payment practices
and was rst advocated in 2008 but it
was not until 2012 that the government
set out its target to deliver 4bn worth of
construction projects using PBAs over the
following three years.
What is a project bank account?

Simply put, its an escrow account
on steroids. Escrow accounts are not
particularly liked by the banking industry,
as ownership of the funds is somewhat
clouded in times of nancial default.
They primarily exist as reassurance and
security for a stakeholder against a partys
insolvency. That is exactly what a PBA is
assurance and security for tiers 1, 2 and
beyond contractors. The security is in the
12-01/16
41
governments goal that the supply chain is paid within three or four days of the money
being credited to the account.
Are they any good?
What is a project bank account?

Simply put, its an escrow
account on steroids.
form of a trust deed. PBAs are colloquially
known as a ring-fenced bank accounts.
How do they work with contracts?

A number of modern standard forms of
contract have provisions for the use of
PBAs, including the New Engineering
Contract third edition, Joint Contracts
Tribunal and the Project Partnering
Contract. The standard drafting differs
in that NEC3 assumes a contractor sole
account, while JCT and PPC2000 assume
a joint account in the names of both client
and contractor. But all three allow for client
and contractor to authorise payments and
that both are trustees to the account. For
other forms of contract that may not have
PBA clauses, simple enabling provisions
can be introduced.
Take-up in public sector contracts has
been modest and almost non-existent in
the private sector. Why? The lukewarm
reception from the private sector could
reect reluctance to traverse new territory
at a time when market conditions are
uncertain and building information
modelling is on the horizon. PBAs do offer
advantages and certainly comply with the
Subcontractor payment to its

own subcontractors (tier 3)
within an additional 30 days
Payment to tiers within

stipulated period, e.g. 7 days
Current Typical Payment Cycle
(YL[OLILUL[ZILULJPHS&
Reduced payment cycle
PBAs do reduce the payment regime for second tier and could benet lower order
subcontractors (if they are part of the scheme). The period of payment by the client to
the contractor is, however, dominated by the terms and conditions of the main contract,
which typically is 30 days. Client funds will take approximately three days to clear, so all
members of the supply chain could expect to be paid within seven days. Payments to the
supply chain could be made within 37 days of certication. Highways England reduced its
payment period to 14 days, thus its supply chain was paid within 21 days.
Interest
Due to the potentially large sums of money that could ow through these accounts,
albeit for a very short period (seven days would not be uncommon), interest could be
signicant. However, there is no obligation for the client or contractor to keep the account
awash with funds. Their only responsibility is not to allow the account to be overdrawn.
Main contractor payment to

subcontractors (tier 2) within
an additional 30 days
Client payment to main

contractor (tier 1) within
30 days
Research undertaken by the Ofce of Government Commerce suggests savings in the

region of 1-2.5% can be realised if PBAs are employed. These gures are supported by
the Department for Business Innovation and Skills in research paper 45 from 2013. It
stated that the common view amongst subcontractors was that the worsening payment
regime prevalent in the industry increased prices between 3-4%. In truth, even though
the gures may be as optimistic as they are unveriable, the adoption of PBAs by all
concerned parties will undoubtedly bring some much needed condence, and cash ow,
back into a cash strapped fragile market.
Currently, there are a lot of sales slogans written about these accounts. These include
reduced payment cycles (some pundits suggest 120 days to be quite normal for lower
tiered contractors); contractors beneting from an interest bearing account; clients have
greater control; protection from insolvency; cash ow transparency; security of payment;
reduction in the need for borrowing or nancing credit; reduction in disputes; reduction
in administration costs; nancial protection for SMEs... In one form or another, all of the
above are tangible but, it is argued, some to a much lesser extent than perhaps suggested.
Also, do these really address the fundamental problems identied by Latham et al?
PBAs are just bank accounts, no more, no less. PBAs will, however, if adopted, herald
a major culture shift in an industry used to factoring late payment and lengthy payment
cycles into business models they do provide reduced payment timeframes. As cash is
king in the construction industry, and effective cash ow is the lifeblood of progress on
site, a reduced payment cycle can only bring good. Basically, thats where the benets
stop reduced payment cycles for tiers 1 and 2 with a question mark over downstream
benets, if any.
PBAs do not amend the client/contractor payment timetable, nor the valuation
and certicate process, nor do they provide guidance on disputes between contractor
and subcontractor. The contractor still retains the right to determine amounts due to
subcontractors. Set-off and contra-charge clauses still operate in the same old way.
Importantly, and often overlooked, PBAs do not offer any real proposal for dealing with
contractors sticky ngers. They do however, prevent the contractor from sitting on cash
and do provide much needed cash ow to second tier contractors which may bring some
relief for third and lower tiered supply chain members.
On a practical note, disquiet had been voiced with regard to opening PBAs and
their availability and operation within the banks fraternity. This is no longer a problem,
Barclays Bank offered its service as early as April 2008; now most, if not all, major banks
offer PBAs including a number of smaller providers who are keen to get a foothold in the
UK market.
Client payment to project

bank account within
agreement stipulated period,
e.g. 30 days
Typical PBA Payment Cycle
Client control
Certainly the client will be satised that the supply chain is paid, but as the contractor
retains the valuation, set-off and contra-charge processes the client has in reality no, or
very little, control. Comfort can be garnered in that the client knows that all the supply
chain has been paid, goods and services will ow and, hopefully, progress on site will
remain progressive. But what about the suppliers and subcontractors that have not signed
up? They, in theory, will be subject to the old payment regime.
Comparison of the timescales of typical payment cycles: Traditional v PBA.
42
Insolvency protection
The supply chain only has insolvency protection amounting to one
months production. By the time of payment, the supply chain will
be exposed to a further months value of production, if not more.
There is no insolvency protection if the client becomes insolvent.
Savings
In theory, there could be a saving of approximately 2.5%.
However, the value of the saving is difcult, impossible from a
practical point of view, to verify.
Cash ow transparency
Certainly, cash ow is transparent, but only with regard to
supplier/subcontractors who have signed up. There appears to be
reluctance on behalf of contractors to sign up third tier suppliers
and subcontractors where no privity of contract exists.
Security
Security of payment is limited to one months production.
Financing
Borrowing and nance costs may be reduced, but again this is
difcult to verify. Many supply chain members may simply look
upon such savings as a windfall.
Dispute reduction
Disputes will still arise. PBAs are bank accounts not a one-size-tsall problem solving mechanism. As the contractor retains liability
with regard to the valuation process, the sticky nger malaises
may still remain.
Reduction of administration
The contractor will not benet from reduced bureaucracy, but
downstream members will, as the bank is tasked with making the
necessary electronic transfer payments, assuming third and fourth
tier members are involved. If not, there is no saving.
Collaboration and trust
PBAs could foster a collaborative atmosphere and relationship, but
on the other hand they may not.
Financial protection
PBAs can only offer limited nancial protection and security for
SMEs, as the value of security is only one months production.
The client and contractor have no obligation to keep the account
awash with funds. Only certied amounts will be deposited on a
monthly basis.
;OLVYL[PJHSKPMJ\S[PLZ
PBAs do not provide any solution to the problem of client
insolvency, since the amounts paid into the account at any point
in time are already certied as being due to the contractor and the
supply chain. They address the difculties in securing payments
from the contractor down the supply chain, but they do not
address the difculty in securing initial payment from the client.
The contractor who might otherwise have negotiated discounts
for early payment to members of the supply chain is denied that
incentive, unless of course provision is made for such payments.
The Ofce of Government Commerce fair payment charter
for use with NEC3 contracts provides that parties to the PBA
agree that the charter is not intended to be a legally binding
document and is not to be used in construing of any contractual
commitment. In certain circumstances where there is a shortfall
in the PBA for payments to the contractor and supply chain, the
contractor is required to make up the shortfall, not the client. The
trust arrangements are designed to protect only the supply chain
members who are party to the joining deed and are apparently of
doubtful legal validity on any insolvency even assuming that
there is surplus cash in the account at that point.
Importantly, and often overlooked, PBAs do

not offer any real proposal for dealing with
contractors sticky ngers.
Why arent they popular?
PBAs have simply not been popular. Take-up has been quite
limited in public sector contracts and almost non-existent in the
private sector. With regard to the public sector, Highways England
was tasked to deliver 3.7bn of the governments initial 2012
initiative to implement 4bn worth of construction projects using
PBAs. Highways England has conrmed praise from second tier
contractors with regard to cash ow, an anecdotal 1% of saving
of tax money but expressly states that the saving is difcult to
quantify. On the down side, Highways England reports main
contractors are reluctant to sign up tier 3 contractors, citing lack of
direct contractual relationship between the parties.
Other noteworthy organisations and projects that employ PBAs
are the Ministry of Defence, Crossrail and HS2. However, it would
appear that take-up within publicly funded projects still remains
modest. From the private sector clients perspective, PBAs are an
interesting idea. An idea that would undoubtedly be supported if
clients could be persuaded that the account would improve the
industry as a whole and not just be another administrative burden.
Subbie-bashing is a stain upon the construction industry, as is
the pay-when-paid ethos (now illegal) and cash ow to the supply
chain certainly requires a major rethink. Pay-when-certied is
vigorously resisted by subcontractors (and may soon be outlawed
in the UK) and this could be an area overlooked by the creators
of PBAs.
Money is just money, a resource to be used cash tops up
the main contractors coffers. As funds are received at different
times during the month, money from one project can be used to
fund another overcoming the pay-when-paid and pay-whencertied disquiet. In this respect PBAs safeguard funds for only
one particular project; payments can no longer be viewed as a
resource. If all of the contractors clients employ PBAs, all well
and good, but if they dont there could be a shortfall in the main
contractors coffers and SMEs could once again be required to
take up the slack. After all, cash is just another resource available
to the contractor and PBAs may deny access to this rather
desirable resource.
PBAs certainly address the matter of unsavoury payment cycles.
They certainly provide the client with a feel-good factor as to
where their money is being spent. They go some way to garnering
social responsibility, and may even encourage a collective industry
conscience. However, they do not address the fundamental
problems identied by Messrs Latham, Levene, Egan and the
UK government.
Back to the questions in hand... Are PBAs a subcontractors
saviour? Absolutely. Is the UK government once again required to
act as the industrys conscience? Absolutely. Is the UK construction
industry in better fettle than imagined? The jury is still out.
Andrew Leisk MCInstCES FCIOB MRICS,
Commercial Manager
andrewleisk@hotmail.com
12-01/16
Survey Methodology
43
Who needs triangulation anyway?

GNSS and why you shouldnt overlook the basics
Hennie Hugo, Surveyor
Hennie Hugo on why GNSS

is not the magic wand its
often touted as...
HAVE been in the surveying

and geospatial education eld for
more than three decades now, and
have seen and experienced the vast
technological advances, particularly in
instrumentation. So, these days, it is
not uncommon to hear from friends,
professionals and the ordinary person on
the street; now that everyone can buy their
own GPS and do their own surveys, what
do you teach students about surveying?
Sometimes Im asked even; what is there to
teach students about surveying?
Firstly, one should realise, that the
ordinary person with very little knowledge
of surveying, including the instruments that
we use, is mostly totally oblivious as to the
existence of different co-ordinate systems,
different types of global navigation satellite
systems (to the general public it is still all
GPS) and thus does not at all understand
the complexity of satellite surveying
methods or equipment. Therefore, for the
general public, it is a matter of driving to
an instrument vendor, buy what you can
afford and voil, you can now survey!
GNSS equipment was referred to by
Glen Sutton in Position IT magazine as a
magic wand although the seasoned
surveying practitioner will certainly know
that this is most probably one of the largest
misconceptions ever. That said, there is
certainly no argument about the value
of GNSS instruments as a very powerful
surveying tool. When I introduce students
to satellite surveying, one of the rst facts I
drive home, is that GNSS equipment is not
the solution to all surveying problems. It
could, in fact, cause much larger problems
if used incorrectly. It would require a lot
more knowledge and experience to solve
those problems before the survey could be
processed and a reliable end product could
be presented to the client or whoever else
requested the survey.
Since GNSS equipment is used
mostly for determining position (Y, X,
Z) of unknown points and to set out
design points or property beacons, I will
concentrate on those traditional methods
used for the same purpose and attempt to
justify why students are still taught them.
My endeavour would be to give examples

of where this knowledge or methods could
be applied.
Triangulation
For the younger surveyor and the very
fresh students who just started their
education in surveying, it would be
benecial to give a very brief denition of
triangulation. Triangulation mostly involves
measuring angles, calculating the distances
needed by trigonometric functions and
can broadly be divided into two branches;
intersection and resection.
Intersection
Determining the coordinates of a point
by intersection involves observing from
known points to the unknown point and
sometimes also from the unknown point
to known points, whether it be the same
known points or additional known points.
One could certainly argue that
intersections are hardly ever carried out
these days, something which I may agree
with to a certain extent. The very same
principles in calculating the coordinates of
a point are, however, used on a frequent
basis, especially in cadastral calculations.
Although the complete procedure of
observing an intersection is not taught to
great depth any longer, a brief outline of
the technique is still covered.
The Department of Civil Engineering
and Surveying of the Cape Peninsula
University of Technology is situated on the
Bellville campus. This campus is situated
in such a position that trigonometrical
beacons can hardly ever be observed. To
overcome this problem, a number of masts
were xed by means of intersection. The
number of times that I have been asked
by students how these coordinates were
obtained is countless. Their rst remark
will be that one cannot get up there with
a prism or GNSS, so how was it done?
The simple answer to their question is
of course that the masts have been xed
by intersection. Although one can then
argue that intersections are almost never
carried out these days, the technique and
principles are still useful.
44
Figure 1 (top): A well positioned resection point.

Figure 2 (above): A one-sided resection.
Resection
Again, a matter of observing angles only
with normally no distance measurement
of any nature. Many a cadastral survey
and a vast percentage of photo control
points of yesteryear were xed by means
of resections. These days, however, it is
almost frowned upon if the possibility of
observing a resection is mentioned.
I am of the opinion that this can
be contributed to a large extent to the
lack of knowledge of the theory behind
resections and how useful they could be
under certain circumstances. When I talk
about weak and strong satellite geometry
when dealing with GNSS, I make a point
of referring to resections. The similarities
between a well positioned resection point
(Figure 1) or a one sided resection (Figure
2), and strong satellite geometry (Figure 3)
versus weak satellite geometry (Figure 4,)
are very much the same.
The principles of working from
the larger to the smaller and never to
extrapolate are also good and solid
principles, which should still be applied
today, even with a survey carried out
by GNSS.
The effect of instrument accuracies,
single versus ve second instruments,
can be well demonstrated by ray lengths
and the rapid decrease of observational
accuracies over long distances. Since scales
usually present problems to students, the
error gure scale drawing is a valuable tool
in explaining this.
I have used resections lately in maybe
a somewhat different manner than one
would have done 10 or 20 years ago.
On numerous occasions, I applied
my knowledge and skills of observing
resections and solving them, albeit with
survey software these days, to obtain a
quick positional x mainly for searching
purposes.
This brings to mind a survey that was
carried out in the Bo-Kaap area of Cape
Town. Although a colleague and I scanned
the sidewalk and surrounding areas with
our noses almost on the tar surface, we
could not locate the three working stations
shown on a not too old cadastral working
plan. Within 10 minutes of setting up
my total station and observing a quick
resection, i.e. circle left only to four well
known beacons, I had a x. This was of
adequate accuracy to enable me to nd the
three working stations. Even if I had a RTK
GNSS base station and receiver, it would
have most probably taken longer to nd
the stations (town survey marks were at
Figure 3 (below): Strong satellite geometry.
Figure 4 (bottom): Weak satellite geometry
Survey Methodology
least 1.5km away). What would the reason

be for nding the stations you may ask?
Well, for one to ensure that I surveyed on
the same survey system as the previous
survey and with a number of dense trees
on the property, a GNSS survey may just
have presented more problems.
Traversing
When it rst became possible to measure
distances electronically to a high degree
of accuracy, traversing certainly became
a very popular survey tool. If one thinks
about the number of town survey marks
in a country like South Africa that had
been surveyed by traversing, it is almost
unthinkable that some people predict that
a time will come that traversing will not be
carried out any longer.
Once again, I can recall numerous
surveys where GNSS would just not have
done the job at hand due to vegetation
interfering with equipment or lowering the
standard of accuracy to an unacceptable
level. There are few instances in the life of
a young survey student that can bring so
much joy other than a traverse calculation
where the traverse closes properly.
The concept of the acceptability of the
magnitude of the misclosure of the traverse
compared to the length of the traverse
brings about an appreciation of what the
word accuracy really means. Applying
all the necessary corrections such as
height above sea level, scale enlargement,
constant error of the instrument and the
parts per million or scale error, becomes
a way of living and creates awareness of
all sorts of small errors that may seem
insignicant, but in the end could be
the difference between acceptable and
unacceptable accuracy.
It is essential to teach students the
advantages of traverses with additional
orientation (or outside orientation, as it
is commonly known). Students are also
taught how to do a traverse without
outside orientation since there are many
areas where traversing with outside
orientation cannot be employed.
Eccentric observations
Since this may these days be unfamiliar
terminology, I deem it necessary to give
a short explanation of the procedure and
the reason for resorting to an eccentric
observation. An eccentric observation is
normally employed when one is unable
to set up over a point for various reasons.
The observations are then done from a
point as close as possible to the known
point and a horizontal observation is
observed to the known point as well
as the distance measured to the known
point. The processing of the observations
now involves a calculation whereby the
observations are reduced as if they were
observed from the inaccessible known
12-01/16
Survey Methodology
Figure 5: An eccentric observation.
C
T-Te
S
T
Control Point
Te
e
E
Te-e
observer, whilst the direction and distance

are observed in less than one minute when
trafc is not able to use that particular lane.
It is therefore not only in the interest of
the safety of the person and equipment,
but also that of motorists and vehicles.
Applying the principles of eccentric
observations, the possibility of damage to
equipment or injury to people can possibly
be avoided since the time taken to do
the observation and measure the distance
would be relatively short compared to the
time spent on the town survey mark with
the instrument.
Trilateration
Te = Observed direction at eccentric point

E = Observed direction to control point
S = Distance to distant point C
e = Measured distance to control point
T = Reduced direction control point to C
ECC Point
point itself. The formula for the reduction

of eccentric observations is:
Sine rule:
45
Sin (T-Te) = Sin (Te-E)

e
S
S Sin (T-Te) = e. Sin (Te-E)

Sine of small angles is proportional to the
angles themselves, and (T-Te) is small,
therefore:
Sin 1" x (T-Te)" = e x Sin (Te-E)
S
(T-Te)" = e x Sin (Te-E)
S Sin1"
(T-Te)" = Cosec1" x e x Sin (Te-E)
S
Cosec 1" = 206265, which is a constant,
therefore:
(T-Te)" = e x 206265 Sin (Te-E)
S
Table 1 is a simplied table that could
be employed to reduce the eccentric
(without surveying software) observations.
An example of this would be a town
survey mark situated in a really dangerous
position or in a position where the
presence of an observer with instruments
would cause inconvenience and
obstruction to trafc ow and could pose
the possibility of an accident. Photo 1
shows an extremely busy intersection with
the town survey mark in the middle of the
left lane. Photo 2 shows an eccentric set up
in a safe position for both instrument and
Table 1: Reducing eccentric observations.
Trilateration involves the measurement of

distances only to determine the coordinates
of a point. Although distance measurement
is very easy and accurate, trilateration
seems to be one of the methods that
receives little attention. While it is still
lectured upon, I found little evidence
amongst the survey practitioners that I
come in contact with who use this as
a standalone method to determine the
coordinates of a point. Personally, I have
seldom used this method, although it could
be useful to determine very provisional
coordinates used mainly for searching
purposes in order to locate survey
stations or beacons which are hard to nd
(cadastral application).
A more popular method is on-board
software on total stations, commonly
referred to as free station, and seems to
be a much used survey tool. Normally
it involves both horizontal observations
and distances to a number of known
points with which the coordinates of the
unknown point are then calculated by a
least squares solution. Since the instrument
can be set up in any convenient position,
this method is popular and very useful.
Double polars
Although this may almost be regarded a
low level survey technique, it is doubtful
if any other method has been used more
intensively than the double polar. Just
thinking back to the time when thousands
of properties were surveyed for 99-year
Station
Te
Te-E
Observed station
Photo 1 (top): Survey mark in the middle of the left lane.

Photo 2 (above): An eccentric set up in a safe position.
leasehold registration, literally thousands

of double polars were observed and
calculated.
Students are taught the sound principles
of a double polar x. Principles such as
the intersection angle that should not be
less than 30 nor should it exceed 150 in
order to avoid the unacceptable slim polar,
are stressed. The distances from the known
points (control points) to the unknown
point could differ vastly and thus different
methods of calculating nal coordinates
such as the weighted mean method or the
arithmetic mean are also covered.
Conclusion
Although I havent mentioned all the
methods that could be used to determine
the coordinates of a point, the ones I have
are ones I taught on myself until I stopped
lecturing in 2014. So, what lecturing is
being done regarding GNSS?
Certainly surveying students are being
taught the principles, errors, expected
accuracies, different receivers (RTK,
post processing, NTrip enabled) and the
application of GNSS techniques. I certainly
pointed out on many occasions to students
that a GNSS receiver is not a magic wand
and that it has to be used taking sound
principles and techniques into account to
secure accurate and reliable coordinates.
Observed direction
Hennie Hugo, Surveyor

surveyor.hshugo@gmail.com
Angle at eccentric point
Acknowledgements
S(m)
Distance to distant station
T-Te
Correction
Reduced observed direction (not oriented)
Dirk Kotze, Anthea Boosyen and Yoesraa

Samsodien
The views expressed in this article are the authors
own and do not necessarily represent the views of
anyone else in the Department of Civil Engineering
and Surveying of the Cape Peninsula University of
Technology. A version of this article was rst published
in Position IT.
Managing with the MMHW

An examination of the use of the Method of Measurement for Highway Works
Hamish Mitchell FCInstCES
A book that is long overdue.

It is well researched and
written by one of the most
experienced highway
quantity surveyors in the
UK, Hamish Mitchell. This
book will help practitioners
and students alike understand highway
measurement in a much more structured
way than was previously possible.

Highway measurement is not just measurement

A book from ICES covering the background, development and usage of the MMHW.
Author Hamish Mitchell presents case studies and examples to help readers understand the
practicalities of highway measurement.
19.95*
Contact: ICES Publishing

+44 (0)161 972 3110
mmhw@cices.org
www.cices.org/mmhw
(*Free postage UK, 6.95 overseas)
The Chartered Institution of Civil Engineering Surveyors is a registered educational charity.
Available now
12-01/16
BIM
47
BIM The importance of procurement

Ivan Hurst
FCInstCES,
BIM Strategist and Implementation Consultant, Ivan Hurst Consulting
The essentials of
BIM-centric project
procurement
ONGRATULATIONS! Pats on the

back all round. We have managed
to nurture our infrastructure capital
expenditure (capex) project through the
trials and tribulations of the stage gate
process from inception to the point where
we are preparing to tender the main
contract. What a great relief. We have
achieved authority and have funding. Lets
go and bag ourselves a contractor. Stop!
We need to go back a few stage gates
and question how we got through them.
The stage gates match the digital plan
of works, and we have developed the
project using a 3D building information
model from the outset. We started with a
high denition LiDAR survey with photos
to create the base model. We planted
that on the earth with real coordinates
using SnakeGrid. We used GIS to inform
decisions and integrated this with BIM.
Whats more, we set up a very early
requirements management system to
ensure we kept focused on the deliverables
of the project at each stage. The
requirements became more detailed as the
project progressed through the digital plan
of works in a similar fashion to the BIM
level of detail and level of information. The
verication and validation followed suit.
Why all this introspection? We had
satised the local approval panel at every
stage, without even one conditional pass
or referred action. The reason becomes
apparent when we are told that an external
expert panel (EEP) has been convened to
report on the health of the project. The
EEP is commissioned by, and reports to,
the main board. It can overturn anything
or everything at the stroke of a pen. Years
of work down the drain at the end of
a six week review. Hopefully not, but
possibly. This is serious stuff. We are
briefed by someone who has been through
one of these before. Some people try to
be difcult and think that they can hide
things, he tells us. If you dont co-operate,
they will not nd the skeletons, will give
up and give a clean bill of health. Not so
he says, they actually do know what they
are talking about, and know where to nd
the evidence. Each one of them is on over
1,000 a day. They know. Take that route

at your peril! His recommended route was
to co-operate fully, providing everything
they ask for (plus a lot more), volunteering
any skeletons and how they were dealt
with or buried.
The EEP has a process which involves
reviewing the project in segments:
Strategy and scope

Governance and stakeholders
Funding
Resources
Procurement and commercial
Legal and consents
Engineering and technical
Business impact and criticality
Project and programme management.
Procurement is our concern here. The

EEP asks for evidence about how we have
procured and how we intend to procure
future elements of the supply chain,
together with any draft and approved
procurement strategy documents. What?
This is normally the time for writing the
procurement strategy, just before going
out to tender. You write the strategy at the
same time as preparing the invitation to
tender. Well, that may be normal, but not
us we think smugly. We had commissioned
a BIM strategist at the beginning of the
project to assist in making it a BIMcentric project. We had a BIM strategy
written to include all stages and aspects
of the project. The BIM strategy included
dealing with 1192 compliance, technology,
codication, process and behaviours
as you would expect. It also set out
requirements for early communication
and procurement strategies to be written.
It is not sufcient just to write the
strategies either, they have to be actively
implemented.
It is important to understand that
the communications and procurement
strategies are intrinsically linked. We
explain this to the EEP. From the very
outset of engaging with the enemy, there
has to be a demonstration of intent. For a
start, it is not engaging with the enemy, or
even the supply chain. To use an old
48
BIM
Before you can launch into a BIM project with a supplier you have to
have at least commenced the cultural change process within your
own business.
fashioned phrase, it is more like courting.
You are looking for a supplier with whom
you wish to engage for many years in
a mutually benecial, rewarding and
acceptable relationship. Your potential
suppliers are no longer champing at the
bit to get into bed with you at any cost.
The majority have become much more
selective. This is a better situation for both
parties. Mutual respect from the outset
provides for a better long term relationship.
It is no longer a case of kids lined around
the walls of the assembly hall at the school
dance, hopefully waiting for almost anyone
to approach them, talk to them or, if
they were really lucky, dance with them.
They are more picky these days, more
selective. So are our potential suppliers,
and why shouldnt they be. Appreciative
of good clients and wary of poor ones.
Relationships are important, and it starts
with how you procure your suppliers.
How do you convince your potential
suppliers that you are a good client
that really means to implement BIM on
the project? By being a good employer,
creating a good working environment for
happy contented employees to work, to
grow and to embrace change. We shared
the communication strategy with the EEP
and provided evidence that we had done
the same to our potential suppliers. Yes,
even at the very early stage of the project,
prior to the appointment of a designer.
We discussed the philosophy behind the
decision to share with the EEP. Sharing
such an important internal document helps
build trust, and helps demonstrate intent.
Before you can launch into a BIM project
with a supplier you have to have at least
commenced the cultural change process
within your own business.
This is where the importance of the
communication strategy becomes apparent.
It obviously contains the basics of raising
awareness, informing, educating and
engagement, so that everyone understands
BIM and its implications. It has a section
on training and support. Importantly it
also has a section on cultural change
management. It is not just about teaching
people how to do their job properly and
ensuring that they do so. It is more than

that. It includes the underlying behaviours
not just about competency, but aptitude
and behaviour; how you and the team
interact with each other and the immediate
internal stakeholders. This is a precursor to
how we react to and engage with external
stakeholders, irrespective of whether
close or distant, important or peripheral.
The communication strategy does not
have to be completed beginning to end
before starting on the implementation
of the procurement strategy. They work
hand in hand and should be implemented
concurrently, but with a lag. You need
digital plan of work, without falling foul of

the EU rules? We explained how we had
coped with this difculty.
One of the prerequisites we wanted
from our initial feasibility study was
that whoever did the work, it was an
informed, and thorough piece of work.
It was, and still, is our opinion that no
valid conclusion can be derived from an
engineering or design solution in isolation.
The feasibility study has to be holistic in
both its approach and breadth. Accordingly
we expected the conclusion to include
buildability, construction and operational
health and safety, environmental,
stakeholder impact, cost, time, operation,
and use considerations, as well as the
traditional design. We were lucky in our
search to nd that a limited number of
potential suppliers had looked at their
business model, and revised it to be more
all encompassing, either directly or with
selected partners. This, therefore, was part
of the preselection criteria. It provided a
very limited, but sufcient, pool. Hopefully
others will follow suit.
The tender period of two weeks is a
dead concept. Even six weeks for an early
stage of the digital plan of works is too
short. The longer time you give someone
to familiarise and understand something,
The longer you give someone to familiarise and understand

something, the less they will perceive to be unknown.
to have dened achievement points in

the communication strategy which allow
you to proceed with particular areas
of the procurement strategy. Without
the links you could easily become out
of sync and ahead of yourself and the
teams competency, understanding and
ability. The idea is that you and your
partner develop and grow together, and
it is irrelevant which of you is the most
advanced in your BIM implementation. The
EEP conrmed it had seen enough on that
subject. We quietly thought of the brownie
points earned.
The design package

The EU procurement rules appear to
present some problems when considering
a BIM-centric project. One of the ideas
is to have long term relationships, so
avoiding the inevitable loss of knowledge
and understanding every time the project is
thrown over the proverbial wall. The data
structure reduces the loss of information,
but knowledge still suffers. How do you let
a design package in a very early part of the
the less they will perceive to be unknown.

Unknowns become risks, which in turn
become additional cost in the tender price.
Unnecessary and avoidable price ination.
We showed the EEP that we started with a
10 week tender period but had provision to
extend this to 15 weeks without adversely
impacting the programme. The whole
procurement process has to be outcome,
not programme, driven. Achieving arbitrary
dates and deadlines to the detriment of
quality and success is nonsensical and
counterproductive, emergencies excepted.
The tender period was preceded by a
supply chain brieng. During the tender
period there were three programmed
Q&A sessions, some joint and some with
individual tenders. We are, however,
getting ahead of ourselves. What was in
the invitation to tender? There was a very
prominent and clear intent to operate
the project collaboratively, jointly, fairly,
openly and transparently. We stated
our role in achieving this goal. Whilst
we were generally compliant with the
requirements of BS1192 and PAS1192, we
12-01/16
To reinforce this position we

explicitly state that BIM should
not be priced separately and that
no payment will be made for BIM
or for any changes to BIM as we
develop together.
did move away in terms of codication
and the requirements for the tenderer
to create the BIM execution plan (BEP)
during the tender period, so as to be part
of the tender assessment. We did not
want to exclude suppliers who had the
desired behaviours and attributes but did
not have extensive BIM experience. We
also considered that the BEP should be
developed together, during the paid part of
the relationship. We also left some parts of
the employers information requirements
(EIR) as to be agreed collaboratively post
contract. It used to be that an agreement
to agree in a contract document was a
waste of ink and paper, but apparently the
Supreme Court now supports the concept,
provided there is clear intent so to do.
The EIR was derived from the
governments template but adapted
to sit in a requirements management
software package with the same concepts
of progressively more detail, but
always linked back to the fundamental
requirements of the project. Being in a
requirements package also provides a
structure for the validation and verication,
thereby adopting best practice, and
importantly the same process for both
BIM requirements and normal contract
requirements and specications. Whilst
we acknowledge that currently BIM is
novel and perhaps something of a
fad it therefore requires a degree of
special treatment, this is not the long
term position. BIM should become so
much part of the day job to be almost
unnoticed and automatic. To reinforce
this position we explicitly state that BIM
should not be priced separately and that
no payment will be made for BIM or
for any changes to BIM as we develop
together. BIM shall be included in the
rates similar to any other overhead items.
We consider that BIM is free at point of
sale. That way nobody can say lets save
x by omitting the BIM item. If you cant
see the value earned, it becomes more
difcult to seek to justify the futile attempt
to separate and collate the costs allegedly
attributed to the adoption of BIM. If done
properly, it should be all pervasive and
BIM
the costs inseparable. Furthermore, why

should there be a cost to the client? The
premise is that all parties save money
when BIM is implemented properly. Which
brings us nicely to the form of contract
incorporated into the invitation to tender. It
is counterproductive to use an adversarial
form of contract when you want to work
collaboratively together and share the
learning and savings together.
Lets tell you a little about the EEP. It
is chaired by a lead investigator, who is
also responsible for the nal report, and
ensuring that it has a consistent style
and ow. Then there are the subject
investigators which tend to interview in
pairs. We assume they compare notes
afterwards. They are all supported by a
project manager and a team organiser,
which leaves the team able to focus on its
primary objective of understanding enough
about the scheme under review to be able
to come to a conclusion as to whether or
not it is t to proceed, and to provide a
coherent report evidencing and supporting
that assertion. In this particular case, the
two procurement subject investigators were
very sharp with a very detailed knowledge
of procurement, our type of project, and
people. A rare combination.
We digress, our interviewers have
heard enough about that particular area.
Going back to the invitation to tender, we
said that we had used the Construction
Industry Councils BIM protocol to amend
the normal conditions of contract so
as to merge BIM into the heart of the
contract. However, the protocol did not
get incorporated unscathed. We made
some amendments which we considered
necessary for the benet of both or
either party, but clearly showed them as
amendments. Trust and transparency again.
From a BIM perspective, the invitation to
tender included the CIC BIM protocol, EIR,
BS1192 and PAS1192 requirements together
with BS11000 and, of course, the BIM
model as it stood at that time. The three
elements of a BIM model, and no paper
drawings, extracted as slices of the 3D
element of the model.
We provided as much information
about the project, its potential impacts,
benets, risks and opportunities as we
had, not just as much as we thought they
needed. Again, trust and transparency.
We even provided our initial business
case. Corporate governance precluded us
from providing our budget or pre-tender
estimate. Overkill with the information?
Perhaps, but better to share than to leave
something out. The amount of information
is also, in part, the reason for the extended
tender period. If you provide all of the
information but no time to read and
assimilate it, you are creating another risk
not eliminating one. More cost. Obviously
we provided the scoring matrix to be
49
used in the tender assessment within the

invitation to tender. It was purposely left
at a high level as we did not want to write
the responses for them. There were some
surprises though. The price was less than
50% of the available marks, post tenderer
interview 3%, and behaviour was 15%.
Having a post tender interview which you
cannot allow to be incorporated into the
decision as to who is awarded the work
seems a little strange. Behaviour is such
an important part of the collaborative BIM
environment that it seemed appropriate
to demonstrate it. Dates for the two day
behaviour assessment workshops were also
included within the invitation to tender
with strict instructions that the attendees
must ultimately be part of the winners
project team. We explained to the EEP why
we thought it was so important, and what
impact we thought it would have on the
tenderers and the tender prices. Another
tick in the box, we hoped.
The main contract package

We had been successful with the
procurement of the design package and
were very satised with our ultimate
selection. We had learnt a lot about BIM
and collaboration with the design team and
told the EEP that we would incorporate
that experience to tweak some aspects
of the invitation to tender, but otherwise
adopt the same strategy for the letting of
the main contract. Create the trust, and the
price goes down. Keep the trust, operate it
as a BIM-centric project with transparency,
fairness, and openness and the price stays
down. Everybody benets.
Fiction
Unfortunately this is a work of ction
insofar as it has a storyline. However, I
hope that it can inspire you to help make it
fact in the future.
Ivan Hurst FCInstCES, BIM Strategist and
Implementation Consultant,
Ivan Hurst Consulting
ivan@ivanhurstconsulting.com
http://ivanhurstconsulting.com
http://uk.linkedin.com/in/ivanhurst
50
Machine Control
Machine control on Alaskas roads

Jeff Winke with Brian Hooks, Project Manager and Co-owner, Valley General Construction
How machine control was

used to pave roads in a
tough environment
The JSCCR road network in Alaskas Matanuska-Susitna Borough.
N 2014, the Matanuska-Susitna

Borough committed to fund an
upgrade of the JSCCR roads in
southern Alaska. For most people the
acronym JSCCR is a puzzler. What it
stands for is Juniper, Spruce, Cranberry,
Cottonwood and Rose the names of the
roads in a heavily-wooded residential area.
The area is roughly square shaped and
encompasses approximately 200 square
acres. The country dirt roads within the
area are laid out in a grid pattern and the
councils plan is to have the roads brought
up to the borough standard of asphaltpaved roads. The upgrade project is on
a two-year plan. The objective for year
one is to raise the embedded dirt roads to
grade and then let them winter over so that
in year two they can be paved. Alaskan
contractors Valley General Construction
won the $350,000 contract for the rst
phase work.
Year one
Since the roads are embedded below
grade, there have been major drainage
problems. The contractors needed to not
only bring the road up to grade, but also
build in a culvert to address the water run
off. The boroughs engineers produced
CAD drawings with the 12 foot wide roads,
three foot wide culverts, and cut-ins for 50
driveway approaches. It was decided to
use GNSS machine control on the project
and so the CAD drawings were added to
Topcon MAGNET Ofce Site to create a
site model and les that could control the
excavator and dozer.
How to get into machine control

Valley General Construction is a smallsize excavating and grading contractor
with less than 10 employees. About six
years ago, co-owner Brian Hooks, took
an introductory class on GNSS machine
12-01/16
Machine Control
control through his local union before

buying a simple GPS system online.
Although he was able to see tangible
benets of improved productivity, there
were also frustrations because the system
was not capable of accessing GLONASS,
which meant it was restricted to the
available GPS coverage or the L1 C/A
signal. However, the experience learned
using the system proved valuable and he
went on to buy a more robust system for
his CAT dozer.
Valley General purchased the Topcon
3D-MC2 machine control, which is
designed to access all satellites and provide
position updates up to 100 times per
second. The 3D-MC2 sensor combines
a gyro, compass and inertial sensor to
measure the x, y and z position as well as
the roll, pitch, yaw and acceleration of the
dozer. The system can access both GPS
and GLONASS satellites, which means that
Valley General has access to more than
double the number of satellites.
Additionally, Valley General purchased
a Topcon X62 excavator grade control
system for its Hitachi ZX210-6 hydraulic
excavator with an operating weight of
21,430-21,900kg and bucket force of
158kN. The JSCCR project became the rst
time the contractor used machine control
technology on an excavator.
51
The machine control systems in position.
In action
The machines were used on the roadwork on the ve JSCCR streets. The embedded roads
were already several inches below grade. Excavation brought each road to a uniform 10
inches below grade before lifts of ll soil, crushed stone and a binder-layer of reclaimed
asphalt pavement could be added. The roads will now winter over until next spring.
Alaskan winters are long, so the borough wants to adjust the roads after the several
freeze-thaw cycles that can occur during a winter season before a nished asphalt surface
is paved.
The project, which covered around a mile of road surface, required 4,000 cubic yards
of ll dirt and 8,000 cubic yards of #5 crushed stone. Additionally, 250 feet of culvert pipe
was placed. The project was completed in two weeks. It has been estimated that it would
have taken twice as long to complete without the use of machine control technology.
Jeff Winke with Brian Hooks, Project Manager and Co-owner,
Valley General Construction
www.valleygeneralconstruction.com
www.topconpositioning.com
The (CES) social network

Looking at a project today. Narrow high street
with all the usual utilities, plus 9 Water Mains!
Very complex survey
@Subscantech
Just doing a #tender response - the client

writes Critical to the success of a Hydraulic
Model is accurate input data. Thats what we
do.
@StormGeomatics
Only a third of
contracts refer to
BIM, according to
NBS survey.
@sarahrocklaw
Programmers:
Stop Calling Yourselves Engineers.
Anders Lagers
Institution of Civil Engineers
Using #3Dprinting
to save lives.
@Dorisandthehoff
Countersigning passport applications and photos!.... Who can and cant

sign?.... Yes! Engineers and Surveyors..... Can Architects & Architectural
Technologists sign??....
Keith Noel Sibthorpe
Chartered Institute of Architectural Technologists (CIAT)
Well thats the easy bit done - booked till

Christmas, now just have to actually do the
work!! #challengeon #rls
@RLSurveys
The work of civil engineers will make it

possible for nearly 47 million Americans to
travel home for the holidays this Thanksgiving.
The American Society of Civil Engineers
If I had to be a GPS station, I think it would be

this one... Looking south over Lake Langano
from Aluto #Volcano
@RyanLloyd11
Shark drones to
patrol stretch of
Australias coast.
@oatfedgoat
Japanese railway companies have started installing turtle tunnels for them
to cross safely under tracks avoiding turtle casualties and train delays.
Interesting Engineering
52
Tendering
Tender evaluation: Competing fairly

Frank Arko-Tharkor
MCInstCES,
Senior Commercial Manager, Network Rail
What is good
procurement? And what
are the penalties if you
dont comply?
ILLIONS of pounds are spent each year by the UK

government buying goods and services for public
projects; the majority of this is spent in the construction
sector. The construction sector worldwide has repeatedly been
known to be susceptible to corrupt practices and this has primarily
been during the pre-contract procurement stage (that is not to
say the construction phase is devoid of such activities). Practices
such as bid rigging and cover pricing have been endemic, which
in some instances prompted the then Ofce of Fair Trading (now
Competitions and Markets Authority) in 2009 to investigate and
prosecute those involved in anti-competitive behaviour.
The UK government spends about 150bn a year on goods and
services to deliver public services.1 It is therefore vital that the tax
payer achieves value for money. Procurement spans the whole
life cycle of any project through the processes of i) the need to
purchase; ii) supplier selection and contracting; and iii) delivery of
the required goods.
In the UK, procurement activities are legally bound under
European Union procurement rules. However, it is scary to
look at the increasing number of procurement challenges in the
Technology and Construction Court lately. These challenges are
coming from bidders who are calling for a review, clarication
or are frankly challenging the process with which their bids
were dealt.
The claims range from potential loss of prot, wasted time
and associated costs. In Woods Building Services v Milton
Keynes Council (2015) EWHC 2011 (TCC), Mr Justice Coulson held
that because of the mistakes made by the council, the tender
evaluation process was awed and considered damages to be an
appropriate remedy. There was therefore an opportunity for the
claimant to identify both its wasted costs and loss of prot arising
from the awed procurement process. Other recent cases have
shown that it is not entirely necessary for an unsuccessful bidder
to prove that had it not been for the evaluation errors, it would
have been successful. All that is required is to prove that the
evaluation process was not fairly carried out.
What does good look like?

There has to be a distinction between selection criteria and award
criteria. Inevitable problems arise when the two are confused
and/or interchanged during selection. A clear selection criteria is
required in assessing a bidders ability and suitability to perform.
This should be well dened and explicit at prequalication stage
in order to shortlist bidders for the tendering process.
The decision making process should be clearly dened to avoid
any confusion in the later stages of procurement. This was evident
in Emm G Lianakis AE v Alexandroupolis (2008) ECR l251, where the
European Court of Justice held that the weightings and sub-criteria
which were the basis of the evaluation process could not be
changed after the contractors had submitted their tenders.
Selection criteria could centre on assessing bidders experience,
qualications, economic or nancial standing. Once this is
1
Ofce of Government Commerce (2006) EU Procurement Guidance
12-01/16
established, the basis of the selection may

not be used to disqualify bidders at award
stage as they would have been deemed
to have passed the qualication stage.
In exceptional circumstances where the
selection criteria could be used at award
stage, the process and decision making
process will have to be transparent at the
very onset, preferably at the invitation
to tender. In Gebroeders Beentjes v The
Netherlands (1988) ECR 4635, the court held
that selection criteria and award criteria
could be used simultaneously, but should
not be confused.
Award criteria is an assessment of the
most economically advantageous tender
(MEAT). This can cover price, commercial
submission, technical and methodology,
programme, resource, sustainability and
alternative proposals (if required). The
choice of the selection and award criteria is
entirely the prerogative of the contracting
authority. An EU directive outlines that
selection and award should be aimed at the
tender which provides the MEAT.
MEAT v lowest price

Lowest price does not always equal
value for money. The UK governments
Managing Public Money document, revised
in August 2015, aims to maintain public
trust and credibility. It mentions value for
money 97 times in its 217 pages (yes, I
53
;LUKLYPUN7YVSLZ
It is scary to look at the

increasing number of
procurement challenges in the
Technology and Construction
Court lately.
counted!). To ensure the effectiveness of
competition, the challenge is to ensure that
the assessment criteria or tender evaluation
model is best aimed at obtaining the most
economically advantageous tender; the
scoring mechanism is transparent and fair;
and no one-size-ts-all type of scoring
mechanism is in place. Each remit is
reviewed on its own merit and the MEAT
criteria generated.
The lowest price approach, which is
generally suitable for the procurement of
goods such as stationery, is straightforward
enough. However, within the scoring
mechanism, if the contracting authority
believes the nature of the contract is such
that lowest price will mean the most
economically advantageous tender, then

a higher percentage can be allocated
to price. This means once contractors
or bidders have been prequalied on
the basis of their qualities, nancial and
economic standing and past experience,
the only other section that matters is the
price. Framework agreements where calloff orders are used in awarding contracts
under mini-competitions mostly benet
from this approach.
Audit trail
Procurement professionals need to be
aware that any decision made should
have a clear audit trail behind it and be
maintained for future records. This should
be readily available for unsuccessful and
successful bidders to view.
Tender evaluation is seeing an
upward scale of challenges in the courts.
Contracting authorities who use mainly
framework agreements may not face a
lot of these challenges, since contractors
within frameworks may not want to muddy
the waters with litigation. However, it is
worth noting the proverbial boiling frog.
Only time will tell.
Frank Arko-Tharkor MCInstCES,
Senior Commercial Manager,
Network Rail
Frank.arkotharkor@yahoo.com
Winn & Coales (Denso)s Densoband

and Denso Tape were used in the
construction of the new Borders Railway
Line. The ofcial opening by the
Queen in September this year marked
the completion of the 294m contract
to construct the 30 miles of track and
seven new stations. During construction,
Winn & Coales supplied 150mm Denso
Tape to protect pipeline joints in ten different water diversions
and Densoband to provide a exible watertight seal between the
asphalt and the tactile paving slabs on the platforms of four of
the new stations. Densoband is a preformed sealing strip which is
widely used for sealing joints between asphalt to asphalt, concrete
and road castings in road construction, bridge expansion joints and
on airport runway joints. www.denso.net
Pipeline Protection (NE) has used 18

Winn & Coales SeaShield jackets as part
of the protection of the Jurby outfall
pipe in the Isle of Man. The 40m
beach length of the pipe was originally
protected against corrosion with a
factory-applied polyethylene coating
some ve years ago. In order to resist
the erosion of the coating and the pipe by a combination of windborne and water-borne sand and gravel particles in this extremely
aggressive environment, a bre cement mortar was applied. In July
of this year an inspection revealed that the bre cement had been
eroded in some critical areas and particularly in the intertidal zone.
It was here that the SeaShield 100 jackets were then applied. Their
structure consists of HD polyethylene sheeting, and they also have
excellent resistance to UV radiation. www.denso.net
Leica Geosystems, has

released new additions
to its deformation
monitoring solution
GeoMos; AnyData and
API. Leica GeoMoS
integrates, processes
and distributes all
project data within just
one software program.
Data is automatically integrated from any sensor, database, data
logger or software and stored on one centralised database. With
GeoMoS AnyData and API, multiple open interface standards are
accessible to provide even more information to projects than just
classic geodetic monitoring applications.
The new FARO Focus 3D X30

laser scanner is a functional and
protable tool for short-range
3D documentation applications.
It has a 1 million points per
second scanning rate and
ranges up to 30m. The entrylevel X Series laser scanner
enables fast, straightforward,
and accurate measurements of
objects and buildings. It records
small architectural faades,
complex structures, production
and supply facilities and accident sites very quickly. The Focus
3D X30 was specially designed to t the need of short-range and
interior scanning applications. www.faro.com
www.leica-geosystems.com/geomos
54
Tax
How international tax changes could affect

infrastructure projects
Catherine Robins, Partner, and Heather Self, Partner (non-lawyer), Pinsent Masons
VER recent years, tax avoidance

by multinationals has attracted a
huge amount of media attention
with companies, especially US owned
groups like Starbucks, Google and
Amazon, being vilied in the media for
the low levels of tax paid in the UK in
comparison with their turnover from UK
business (although turnover obviously is
not the same as prots!).
As a result of increasing concerns about
this issue, in 2013 the G20 asked the
Organisation for Economic Cooperation
and Development (OECD) to come up
with some recommendations for reforming
the international tax system. It has now
published its nal report and countries
are now working out what changes they
need (or want) to make to their own
tax systems to comply with the OECD
recommendations.
The OECD called its project BEPS
standing for base erosion and prot
shifting. This refers to the shifting of
prots of multinational groups to low
tax jurisdictions and the exploitation of
mismatches between different tax systems
so that little or no tax is paid. As a result,
the tax base of a particular country may be
reduced or eroded.
What does this have to do with

infrastructure projects?
A look at the OECD

recommendations for
reforming the international
tax system
One of the recommendations which could

have a serious impact on infrastructure
projects, and real estate projects generally,
is to limit the tax deductions available for
interest payments. Reduced tax deductions
mean higher tax liabilities which could
impact on the cashows for the project and
the level of return for investors.
Infrastructure projects are capital
intensive and often have a high level of
gearing. The nancing costs are part of the
cost of earning the prots and are, broadly
speaking, deductible for tax purposes. So
if the book prot is (say) 20, after charging
interest costs of 80, the taxable prot
would be 20 as well not 100. If the tax
rules change, so that the taxable prot
becomes (say) 70, there will be an extra tax
bill which was almost certainly not part of
the projects expected cashow forecasts.
The OECD has a concern that countries are

losing out on tax receipts, due to excessive
interest costs. In other words, base erosion
is happening. Excessive intra-group interest
deductions can be used by multinational
groups to reduce taxable prots in
companies in high tax jurisdictions, even
in cases where the group as a whole has
little or no external debt. The OECD is
also concerned that groups can use debt
nance to produce tax exempt or deferred
income, thereby claiming a deduction for
interest expenses in one company, while
the related income is brought into tax in
another (usually in another jurisdiction)
later or not at all.
In comparison with some other
countries, the UK has a generous regime
for providing tax deductions for interest
expenses. There are anti-avoidance
provisions, but these are mainly aimed at
payments to connected parties. Interest
deductions can usually be obtained
relatively easily for highly geared
transactions on arms length terms with
third party lenders.
Media attention has also focused on
this issue in relation to infrastructure,
with campaigning groups, such as
CorporateWatch, arguing that UK water
companies are avoiding tax by paying
excessive amounts of interest to their
overseas parent companies, claiming that
they are articially adding to their debts
and pointing out that the interest payments
reduce UK taxable prots.
The OECD is now recommending that
interest deductions should not be permitted
to the extent that net interest exceeds a
percentage of earnings before interest,
taxes, depreciation and amortisation
(EBITDA). The OECD proposes that
countries be free to select a percentage
between 10% and 30%, with an optional
relaxation if the overall external leverage of
the group is higher.
The new rules would apply even if there
was no tax avoidance motive, any lending
was purely on arms length terms and even
if the transactions and parties were entirely
UK based. Although the aim is to prevent
base erosion, there are real fears that there
could be collateral damage for purely
12-01/16
Tax
commercial transactions, such as major

infrastructure projects.
OECD recommendations allow countries

to include in their rules a public benet
exception from the xed ratio restrictions.
The OECD recommends that any
exemption introduced should comply with
detailed conditions. These include that a
public sector body or public benet entity
obliges the operator to provide goods or
services in which there is a general public
benet. Another condition is that loans
would have to be obtained from third
parties on non-recourse terms so that the
lender only had security over the assets
or income streams of the project with no
guarantees from other group companies.
The UK Treasury has been keen so
far to engage with UK businesses to
ensure that the OECD proposals can be
implemented in a way that minimises
the adverse effects on commercial
projects. The design of any public benet
exemption in UK law is likely to be a
key issue for the infrastructure sector.
It seems relatively clear that PPP/PFI
projects involving schools, hospitals and
possibly roads and railways, could fall
within this exemption and the Treasury
clearly has a vested interest in ensuring
these projects remain viable and therefore
do not effectively come back onto the
governments books. It is, however, less
clear that infrastructure projects generally,
would fall within the exemption envisaged
by the OECD although since this is only
What will the UK do?

Some of the OECD proposals are expressed
as mandatory minimum standards, but the
interest proposals are expressed as merely
recommendations. Clearly the OECD hopes
that as many countries as possible will
adopt the recommendations so that tax
systems will converge over time and this
will be necessary if aggressive avoidance
is to be eliminated, without causing the
pendulum to swing too far the other way
and lead to double taxation.
The UK government has been a strong
and vocal supporter of the BEPS project
and a consultation document, issued in
October, indicates that the government
intends to implement the recommendations
in relation to interest deductions and asks
for views on the best way to do this.
How will infrastructure projects be

affected?
As infrastructure projects tend to
be highly geared, any restriction on
tax deductions could have a serious
impact on returns. In extreme cases, it
could even affect the viability of some
projects. There is a particular risk that
any unexpected tax costs could cause
lending covenants to be breached, with
potentially serious consequences. The
55
a recommendation and not a requirement,

it remains to be seen how far the UK will
push the exemption.
The Treasury is conducting an
initial general consultation on the
implementation. We can expect to hear
more next year about the Treasurys
concrete proposals although it is unlikely
that any changes will take effect until April
2017 at the earliest. There is an opportunity
through the consultation process (until
14 January 2016) to make sure that the
Treasury is aware of the problems the
changes could cause.
This leaves a period of uncertainty as
to what the impact will be on cash ows
for projects. Those entering into new
projects and those with existing projects
will need to factor in the impact the
possible changes may have. In particular,
companies will want to stress test their
cashow projections, and may want to
seek exibility in banking covenants so
that any potential impact of the new rules
can be mitigated.
Catherine Robins, Partner, and
Heather Self, Partner (non-lawyer)
Pinsent Masons
catherine.robins@pinsentmasons.com
heather.self@pinsentmasons.com
www.pinsentmasons.com
@Pinsentmasons
@pm_infra
The Journal of the Chartered Institution of Civil Engineering Surveyors
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Unit 3, Ro 24, Twizel Close, Stonebridge, Milton Keynes MK13 0DX, UK
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Leica Geosystems Michigan Drive, Tongwell, Milton Keynes MK15 8HT, UK

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East England: Shane ORegan
+44 (0)777 5712326 shane.oregan@leica-geosystems.com
London: Graham Sharp
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M&P Survey Equipment Meridian House, Stanney Mill Rd, Little Stanney, Chester
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Opti-cal Survey Equipment 3 Orpheus House, Calleva Park, Aldermaston,

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Unit 3 & 6, The Pavilions, Brighton Rd, Pease Pottage, Crawley
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UK +44 (0)1908 683 726
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Provider
Date + Time
Course
Cost
20-22 JAN 16
9am5pm
Measurement and its Application to CESMM and MMHW (3 Day)

This three-day course will investigate the hows, whys and wherefores of measurement of work, either preconstruction or completed work by taking-off quantities and producing a bill of quantities in the format of both the
Civil Engineering Standard Method of Measurement (CESMM) and the Method of Measurement for Highway Works
(MMHW). Attendees will learn how to understand the basics of measurement by considering simple construction
technology such as the measurement of earthwork, concrete, pipelines, piling and roads and to develop
measurement item descriptions.
525
+VAT
training
Day 1 will cover quantities and measurement; basic entering on dimension paper; taking-off quantities;
measurement and understanding drawings and simple bill of quantities. The outcome of day 1 is to ensure that all
DWWHQGLQJDUHFRQGHQWLQWKHLUNQRZOHGJHDQGXVHRIPHDVXUHPHQWDSSOLFDWLRQ
Day 2 will look at CESMM and MMHW; the philosophy and differences underlying CESMM and MMHW; the
development and coding of descriptions; terminology and some practical examples. The outcome of day 2 is
GHVLJQHGWRJLYHWKRVHDVVRFLDWHGZLWKPHDVXUHPHQWVRPHFRQGHQFHLQWKHDSSOLFDWLRQRIWKHRU\DQGSUDFWLFHRI
CESMM and MMHW.
Day 3 will cover quantities and billing exercise; take-off quantities for a reinforced concrete bridge; convert them for
use with CESMM and MMHW; and produce bills of quantity under both CESMM and MMHW. The outcome of day 3
is to demonstrate the ability to take-off quantities and produce competent bills of quantities
A workshop approach is used throughout to illustrate key points and demonstrate common scenarios which can be
encountered on construction projects.
TO BOOK: Joanne Gray, ICES Training +44(0)161 972 3100 jgray@cices.org
10% discount for ICES members. Quote name and membership number on booking.
ArcGIS 1 Fundamentals of ArcGIS 10.x for Desktop (2 Day)
7KLVWZRGD\FRXUVHLVWKHUVWRIWKUHHFRXUVHVGHVLJQHGWRJLYHGHOHJDWHVDVROLGIRXQGDWLRQLQXVLQJ$UF*,6
Desktop. The course introduces the main functions of ArcMap, including the creation and manipulation of a map
document; basic geographic data management; selection and analysis of data; and creation of a map for output.
If resources allow, users will also be introduced to ArcGIS Online and create an online map. The course uses a
combination of lectures, demonstrations and exercises. Delegates will be provided with the data and exercises so
that they can work through them again in their own time.
650
+VAT
27-28 JAN 16
9am5pm
ArcGIS 2 Essential ArcGIS 10.x for Desktop (2 Day)

This course is the second of a three-part foundation in ArcGIS Desktop (version 10.x). The ArcGIS 2 course expands
on the subjects covered in the ArcGIS 1 and introduces new functions including managing data in a geodatabase;
enhanced symbology and labelling options; and the use of analysis tools. The creation of map books and publishing
a map to ArcGIS Online are also covered. Delegates will be provided with the data and exercises so that after the
course they can work through them again in their own time.
Note: Esri recommends this course for delegates who have already attended ArcGIS 1 Fundamentals of ArcGIS
10.x for Desktop. If delegates have previously attended ArcGIS 10.x for Desktop Part 1, Esri advises that they attend
the ArcGIS 10.x for Desktop Part 2 course instead.
650
+VAT
08-09 FEB 16
9am5pm
ArcGIS 3 - Enhanced Skills for ArcGIS 10.x for Desktop (2 Day)

This course is the third of a three-part foundation in ArcGIS Desktop (version 10.x). The ArcGIS 3 course expands on
the subjects covered in the ArcGIS 1 Fundamentals of ArcGIS 10.x for Desktop and ArcGIS 2 - Essentials of ArcGIS
10.x for Desktop courses and introduces some more advanced functions. These include setting geodatabase
behaviour rules; data adjustment; desktop and online analysis tools; and using Modelbuilder. Temporal (time based)
data and basic raster/image analysis are also covered. Delegates will be provided with the data and exercises so
that after the course they can work through them again in their own time. Esri strongly advises that delegates have
attended both ArcGIS 1 - Fundamentals and ArcGIS 2 - Essentials before attending this course.
650
+VAT
10 FEB 16
9am5pm
Working with ModelBuilder 10.x for Desktop (1 Day)

This course introduces students to geoprocessing using the ModelBuilder within ArcGIS Desktop. Students learn the
basics of creating a model as well as how to insert parameters, loops and lists of inputs. In addition, students will
also learn how to document their work and provide helpful information to the users of their models. Students will
also be made aware of more advanced tools and procedures and will embed models within other models.
385
+VAT
25-26 JAN 16
9am5pm
20-21 JUN 16
9am5pm
TO BOOK: Esri Training, +44 (0)1296 745 504, training@esriuk.com, www.esriuk.com/training

10% discount for ICES members. Quote name and membership number on booking.
01-02 FEB 16
9am5pm
The Role of the Principal Designer under CDM 2015 APS Accredited (2 Day)
This course is primarily intended for design organisations currently operating in the UK construction sector who
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competent organisations that require supplementary training in order to provide them with the additional necessary
skills and knowledge necessary to accept such an appointment under CDM 2015 (on suitable projects for which
they have an appropriate level of relevant experience). This course is ideal for design practices, engineering
consultants and project management organisations who currently operate such an undertaking in Great Britain.
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undertake a design role during the earlier stages of a project. In these circumstances they may well be deemed
to attract the principal designer role, unless they have made other arrangements with a third party using a written
appointment.
Each delegate is required to bring a copy of the L153 Construction (Design & Management) Regulations 2015
Guidance on Regulations to the course which can be downloaded free www.hse.gov.uk/pubns/books/l153.htm
TO BOOK: www.synergietraining.co.uk/training/cdm-training/
*ICES member discount. Quote name and membership number on booking.
575
or
525*
+VAT
Training Diary
Provider
Date + Time
Course
Cost
03 FEB 15
10am2pm
EZiSYSTEM User Training Course (1/2 day)

This training course is intended for all users of cable locators to reduce the risk of utility strikes and keep the
workforce safe. The course delivers a comprehensive insight into the use of cable locators, including theoretical and
practical use of the Cable Detection EZiSYSTEM. The course provides expert cable avoidance training, delivered by
highly experienced trainers. The ICES Training Suite offers the ideal setting for the theoretical and practical training
elements of the course. The course is delivered in a relaxed and friendly way, with easy to understand materials.
8SRQVXFFHVVIXOFRPSOHWLRQRIWKHFRXUVHD&HUWLFDWHRI7UDLQLQJZLOOEHLVVXHGDQGLVYDOLGIRUWKUHH\HDUV
95
+VAT
17 FEB 15
10am2pm
TO BOOK: Simon Davies +44 (0) 1782 384 637

simon.davies@leica-geosystems.com www.cabledetection.co.uk
16 FEB 15
9am5pm
TO BOOK: training2015@geoenable.com
For more details visit www.MapsinTheCloud.com
Maps in The Cloud (WebGIS Accelerator for ArcGIS Online and ArcGIS Pro) (1 Day)
This course is for people looking to understanding more about the possibilities of using spatial analysis, WebGIS
and web mapping. If you are looking to move explicitly to ArcGIS Online, or just want to know most about what the
buzz is about WebGIS, this is the course for you. Instructor-led training accommodates different learning styles and
basic experience levels of technical novice and intermediate. It is expected that attendees will have a very basic
knowledge of GIS and web mapping. *(local gov/charity price).
600
or
500*
+VAT
CONSTRUCTION SOLUTIONS
www.topconpositioning.co.uk
Tel: 0845 450 4300
WITH YOU ALL THE WAY

Partner with Topcon for construction solutions including real-time video feeds
and remote job site monitoring. Lets tackle the challenges together.

ICES - Civil Engineering

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The Journal of the Chartered Institution of Civil Engineering Surveyors

CIVIL ENGINEERING SURVEYOR

First ICES Chartered Engineers

Experience Leica Captivate for yourself

Intuitive, Trusted & Captivating

Complete Visualisation & Connectivity

Leica Captivate is the new solution for

Save time and effort by creating 3D

Get easy access to your scanned

measurement professionals operating in

models which quickly and easily adjust

data to make real-time decisions and

3D across all industries.

to your surroundings, regardless of how

adjustments in the field, by comparing

challenging the conditions.

virtual design with real-work conditions.

Turn complex data into realistic workable

Leica Geosystems Ltd

05. From the president

20. Interest and costs in adjudication

08. ICES regions

24. The curious matter of the colonial

10. Institution news

Guy Buesnel, Spirent Communications

12. News roundup

33. What exactly can you do with LiDAR?

15. Legal Q&A

Laura McEwan, CMS

58. Training dates

43. GNSS and the basics

47. BIM The importance of procurement

50. Machine control on Alaskas roads

52. Tender evaluation: Competing fairly

54. International tax changes

Now you only need one

From the President

One small step for ICES, one giant leap for

INCE my inauguration as your

Golden: 50 years of membership.

Firstly, at a landmark event held at the

in dispute management. For an employer a

The 151st president of ICE

From the President

Civil Engineering Surveyor

increase our inuence. Clearly, the

Links with ASCE

From the President

Experience shows that a common voice carries more weight with

Civil Engineering Surveyor

ICES Anglia & Central

For detailed information and bookings see:

ICES Eastern & Midlands

ICES Hong Kong

ICES Ireland & Northern Ireland

ICES Northern Counties

ICES North West & North Wales

26 MAY 16: Partnering and alliancing

ICES South East

10 MAR 16: AGM

ICES South West & South Wales

Defence Geospatial Intelligence Conference

International LiDAR Mapping Forum 2016