Our Services

 

Commerce

Etymology

 

From Middle French commerce < Latin commercium (“‘commerce, trade'”) < com– (“‘together'”) + merx (“‘good, wares, merchandise'”).

 

1. (business) The exchange or buying and selling of commodities; esp. the exchange of merchandise, on a large scale, between different places or communities; extended trade or traffic.
2. Social intercourse; the dealings of one person or class in society with another; familiarity.
3. A round game at cards, in which the cards are subject to exchange, barter, or trade.

 

 

Commercial Management Services Provided

 

Background

Shilcocks understand the rail industry and have provided commercial management support to a wide range of rail infrastructure upgrade projects. From budget setting of early concept and design stages through to preparation of total project cost and assisting with authority agreement to full commercial management support of the project management requirements of the construction phase of the works.

 

Why have a Commercial Manager?

The Commercial Manager is responsible to the project management organisation for budget management and cost control including the commercial audit requirements of the project. Forming part of the project team the commercial manager will perform the former role of the project quantity surveyor, controlling and maintaining the project budget including management of any associated subcontract packages or separate cost agreements in the interests of the client.

Shilcocks understand the complexities of a multi-disciplinary railway project and have a good working knowledge of permanent way, overhead line, signalling control and civil engineering infrastructure having worked on a number of high profile and high value projects.

Shilcocks can offer any project a wealth of commercial knowledge and sound advice from pre to post contract, working alongside the project team providing the best commercial advice to ensure total client satisfaction.

 

The Commercial Manager Services Provided

Forming part of the project team the commercial manager will provide the following services:

1. Verification of periodic applications for payment and associated commercial and cost based reports, analysing and subsequently preparing the periodic payment certification including any associated payment substantiation to suit contract governance;
2. Contract review and subsequent appraisal of the contract requirements and technical scope following contract change or Variation process;
3. Assistance with procurement process, tender appraisal and associated award of subcontract packages in conjunction with the main contract or client requirements;
4. Preparation of monthly cost and value reports to the required form of the particular contract;
5. Periodic or annual cost forecasting to determine the cost outturn of the project which ultimately dictates the contract margin;
6. Review contractor risks associated with the contract and evaluate correct risk ownership where scope change is requested;
7. Provide input and associated reports to project team enabling consolidated reports having meaningful information.

 

Why use our Commercial Support Services ?

Shilcocks have over 20 years of commercial experience and have worked within the rail industry for over 10 years where a wealth of knowledge has been developed.

Shilcocks can provide commercial management, cost audit and dispute avoidance advice providing a full suite of practical commercial support to any project.

 

We’d Like to Talk

Shilcocks would welcome the opportunity to further discuss any part of the Commercial Manager role and its associated functions with you. We have the experience and expertise to provide support to your projects.

 

 

 

Audit (plural audits)

 

Etymology

< Latin auditus < audio (“I hear”).

 

1. A judicial examination.
2. An examination in general.
3. An independent review and examination of records and activities to assess the adequacy of system controls, to ensure compliance with established policies and operational procedures, and to recommend necessary changes in controls, policies, or procedures
4. The result of such an examination, or an account as adjusted by auditors; final account.

 

 

Background

The rail industry now dominates Shilcocks work portfolio. Alliance Auditor work has become a speciality, and Shilcocks has supported many of the major rail Alliances throughout CP5 and CP6. We have been integral to the development of the various Alliance Agreements currently in use in the rail industry.

 

Why have an Alliance Auditor?

The Alliance Auditor is an essential part of Australian-style Alliances and the current variants of the rail PAA in use in the UK rail industry support the appointment of an Alliance Auditor.

The Alliance Auditor is an independent auditor responsible to the ALT. Neutral audit is essential to maintaining the discipline of self-governing Alliances.

 

The Alliance Auditor Services Provided

These can be summarised as being “the eyes and ears of the Alliance Board / Leadership Team” and include:

1. Fulfil the role of Alliance Auditor as set out in the Project Alliance Agreement (PAA) and generally throughout the PAA in accordance with the Audit Plan.
2. Performing a Financial Establishment Audit for each of the Alliance members to understand the build-up and cost categories included within their overhead percentage and to understand their accounting systems, controls and mechanisms for recording Actual Cost.
3. Regular rolling audits of the Actual Costs in accordance with the Audit Plan as well as specific or ad-hoc audits as required or requested. This includes deep dives into high risk audit areas and investigating anomalies in the costs, as well as regular reviews of any rates mechanisms (e.g. actualised staff rates) and internal trading arrangements and the reconciliations to Actual Cost.
4. Verifying the accuracy of the periodic applications and commercial reports, including the pain / gain calculations, etc.
5. Sense checking target costs and variations
6. Attendance at Alliance (ALT or other) meetings as required.

What does the Alliance Auditor not do?

1. Day to day management of Actual Cost claims for payment is the function of the AMT, but is supported by the Alliance Auditor and/or the assistant Alliance Auditor;
2. Audit of Alliance process and procedure is the function of the AMT –the Alliance is self-governing and should establish its own self-audits on processes;
3. Certification of payment is an AMT function;
4. Checking of Target Cost is an AMT function, however the Alliance Auditor will provide sense-checks to ensure that only Actual Cost items are included. The technical content is a matter for the AMT.

 

What benefits does the Alliance Auditor bring ?

The Alliance Auditor is independent and is responsible to the ALT, but not to any individual party.

The Alliance Auditor provides the ALT with confidence that the Actual Cost claimed by Alliance Members is in accordance with the PAA and the FEA.

The Alliance Auditor can speak out when he identifies issues and can advise on their resolution.

The Alliance Auditor advises on the equitable calculation and distribution of Gainshare and assists the ALT in applying the ‘rules of golf’ within the Alliance

 

What do Shilcocks offer to an Alliance?

Dedicated and experienced Alliance Auditor services.

 

How can Shilcocks engage?

Shilcocks are an established and trusted Supply Chain Partner in the UK Rail Industry. We build relationships between the Alliance Auditor and the NOPs and the OP, which is essential to success.

By building relationships with the ALT, we allow trust and engagement throughout the Alliance.

When problems occur, we will not merely report the issues, but will actively assist in resolving them.

We follow the spirit as well as the letter of the Alliance Agreement, and understand what collaboration means and how to ensure that it succeeds.

 

Basis of Engagement

The options for engagement for Shilcocks Services as Alliance Auditor are related to the effort involved:

1. The FEA is a known exercise and can be provided for a lump sum;
2. The rolling audit is usually dependent upon the responsiveness or otherwise of the NOPs and the OP and the incidence of issues identified and to be resolved –this is usually charged as a day-rate against an identified budget, along with expenses as incurred as the audit works may at site or at a home office of a NOP or the OP and cannot be pre-determined;
3. Alliance support services supplementary to the Alliance Auditor role –e.g. assistant Alliance Auditor to work inside the AMT, providing continuing conformity of Actual Cost submissions (usually this becomes part of the AMT cost checking process). This can be a lump sum or day-rate service.

 

Scope of Services

1. The Alliance Auditor role;
2. Assistant Alliance Auditor within the AMT (substituting, not adding to the overall personnel count);
3. Specialist services in the interpretation and operation of the Alliance Agreement.

 

We’d Like to Talk

Shilcocks would welcome the opportunity to elaborate on any part of the Alliance Auditor role and its associated functions. We have the experience and proven expertise to serve your Alliance.

 

 

Collaboration (plural collaborations)

Etymology

<From mid 19th century: from Latin collaboratio(n-), from collaborare ‘work together’, the action of working with someone to produce something.>

CP6 Challenges for NR and its Suppliers

CP6 challenges include the primary objective of reducing the cost of railway projects.

Network Rail have elected to create long-term Alliances with trusted industry partners through competitive tender for much of their Workbank.

 

 

 

Alliance working, properly managed and supported at corporate level by the participants, is a potent tool for delivering efficiency in costs and quality for Projects.

Good Contract and Commercial Management within an Alliance is an important factor to its success.

 

 

 

Why is this arrangement needed?

Multi-party Alliances are complex – the Alliance Agreements have to be administered properly.

Multi-party Alliances have a beneficial dynamic tension between the Parties.

The commercial arrangements need to be fair and be seen to be fair.

The Client Organisation and the Supply Chain is still immature in respect of Alliance working,  and the area where trust is most at risk is where money has an impact.

Good processes, procedures and Alliance Agreement administration keep the relationships healthy.

 

 

An Alternative Way of Management

Professional neutral management of commercial and contract administration ensures equality of treatment between the Parties by:

1. Creating an environment of trust and ensuring even-handedness in Alliance commercial dealings;
2. Preventing self-interest taking hold in this key area;
3. Helping to maintain the ‘rules of golf’ – essential in Alliance arrangements.

Shilcocks help to deliver proven cost-effective results in reducing Actual Cost incurred by the Alliance – payback is a massive multiplier on cost.

It has to be done anyway, and it is much better if done professionally and neutrally.

 

 

What can Shilcocks offer?

We are dedicated and experienced services providers for:

• Commercial Management
• Risk Management
• Change Management
• Alliance Auditor role
• Project accounting
• Process Support (document control, office administration, etc.)
• Specialist Services/projects
• Dispute Avoidance/Resolution
• Procurement Support
• Contract Drafting and Development
• Agency Professionals

 

 

How can Shilcocks engage?

Shilcocks are an established and trusted Supply Chain Partner for Network Rail and for several major Rail contractors.

Working within an Alliance doesn’t require adversarial skills, and there is no conflict of interest, as objectives are aligned between the Alliance Members.

Integrated key Services within an Alliance, provided by a professional neutral provider, can ensure that all interests are treated equally and in accordance with the Alliance Agreement.

Alliance working brings different commercial challenges, and good controls and balanced approaches assist in maintaining a healthy Alliance.

 

 

Basis of Engagement

The options for engagement for Shilcocks services are several:

1. Traditional – personnel are paid for on a day-rate basis as worked;
2. Lump Sum for defined Services with performance level metrics;
3. Lump Sum for defined Services with performance level metrics and incentive mechanism;
4. Percentage Fee for defined Services with performance level metrics.

 

 

Scope of Services

• Within an Alliance arrangement
• Within traditionally let and managed projects
• Specialist projects and services –dispute resolution/avoidance
• Project Dispute Board membership

 

 

We’d like to Talk

Shilcocks are keen to become a provider of choice for all rail suppliers and contractors within CP5 Alliance arrangements, and in other traditionally managed projects for:

• Commercial Management
• Risk Management
• Auditor Services
• Project Accounting
• Agency Professionals
• Project Process Support
• Alliance Contract Administration Group

 

 

 

Dispute (plural disputes)

 

Etymology

 

From Middle English disputen < Old French desputer (French disputer) < Latin disputare (“‘to dispute, discuss, examine, compute, estimate'”) < dis- (“‘apart'”) + putare (“‘to reckon, consider, think, orig. make clean, clear up'”).

1. An argument or disagreement, a failure to agree.
2. Verbal controversy; contest by opposing argument or expression of opposing views or claims; controversial discussion; altercation; debate.
3. Contest; struggle; quarrel.

 

 

The First Step is Dispute Avoidance

Apart from the times where adjudication, arbitration or litigation is inevitable, other options may provide a less painful solution.

Shilcocks can advise on the most appropriate route, be it mediation, negotiation, expert determination, or determination by a tribunal.

We can help you to avoid claims by early intervention, and by ‘mediating’ the areas of disagreement before they become full-blown disputes.

We can also assist by providing a managed service inside your project (see our Alliance Management Services tab) with reach-back to our Contract specialists to again help avoid disputes by early expert intervention.

 

 Early Neutral Evaluation

Another option in avoiding full-blown disputes is the application of Early Neutral Evaluation. We can assist by reviewing the respective position of each Party on an issue and providing a non-binding opinion on the merits of the matter and how it might be resolved.

 

Contract Review Panels

Major projects are increasingly adopting contract review panels as a means of continuous review of the health of the project. These panels can provide the support the project teams need to resolve issues themselves without resorting to any formal process. We can provide experienced representatives to sit on these panels on behalf of the project.

 

 

Resolution (plural disputes)

 

Etymology

 

Recorded since 1412, as Middle English resolucioun (“a breaking into part”), either from Anglo-Norman or directly from Latin resolūtiō (“a loosening, solution”), from resolvō (“I loosen”), itself from the intensive prefix re- + solvō (“I loosen”).

 

Dispute Resolution

When dispute resolution becomes a necessity, we can advise and support you in taking the right and appropriate steps to achieve a beneficial outcome.

 

 

Adjudication

Adjudication is now an everyday reality in construction contracts, and the parties have to be constantly aware of the benefits and risks this right provides; we can support adjudication proceedings alongside your lawyers or project team, or can provide Adjudicators to decide the matters in dispute.

 

Arbitration

We can provide the necessary team to run your arbitration from start to finish.

Our direct access to members of the Bar ensures that your case is validated and represented in the best possible way.

We can also provide experienced Arbitrators to act as the tribunal in your construction or land dispute.

 

 

Expert (plural experts)

Etymology

From Latin expertus.

1. A person with extensive knowledge or ability in a given subject.
2. Extraordinarily capable or knowledgeable (adj).

 

Expert Witness

The Woolf Reforms ensures that all Expert Witnesses now do what all good experts did all along, namely provide impartial expert advice to the tribunal.

We can provide Law Society approved Expert Witness Services in construction and land and boundary disputes.

 

 

 

 

 

Quantity (plural quantities)

 

Etymology

 

From Latin quantitas (“‘quantity'”), from quantum (“‘how much'”)

1. A fundamental, generic term used when referring to the measurement (count, amount) of a scalar, vector, number of items or to some other way of denominating the value of a collection or group of items.
2. A specific measured amount.
3. A considerable measure or amount.

Quantity Surveying

We can help you to keep track of your business.We provide pre-contract and post-contract services, cost planning and estimating, measurement and valuation.

We undertake the drafting of specifications, tender and procurement documentation, tender analysis and reporting.

In short, a comprehensive PQS service tailored to suit your needs.

 

 

 

 

Planning

 

Etymology

Late 17th century: from French, from earlier plant ‘ground plan, plane surface’, influenced in sense by Italian pianta ‘plan of building’.

 

 

Project Planning

Shilcocks Limited can provide effective project planning control to any construction project lifecycle, from initial concept through design feasibility to completion of the construction phase.

Through the use of Earned Value, Key Milestones and Cost Monitoring, Shilcocks can ensure your project is kept on schedule by providing accurate project planning. Constantly updated activity schedules are necessary to provide on time and to budget project delivery success.

Project planning encompass the processes and tools used to plan, manage and mitigate cost and schedule issues including any risk events that may impact a project. The importance of project planning is paramount to a project’s success and Shilcocks can provide plan and project tracking delivery tools to assist any project.

Shilcocks are equipped to provide your team with full experienced planning engineers to ensure successful delivery and programme control.

 

 

 

 

Procurement

 

Etymology

 

From c.13th century, “use of improper influence,” from Old French procurement “management, stewardship”, from procurer – “process of bringing something about” (by the action of another). Military use by 1949, Procurement is the act or process of buying, including any negotiations that this involves on price and availability.

 

 

Procurement Management

We want to help you by improving your outsourcing function.

Strong procurement leaders need an unusual mix of skills: they must have technical procurement expertise but they also need to control and support suppliers and staff, as well as having a talent for reputation management and internal relations.

We can help your organisation to look forward, sniff out potential supply chain problems and plan solutions in advance. We’ve got the expertise to subtly educate employees about the importance of procurement regulations and the need for openness when choosing suppliers.

 

 

 

 

Labour (plural labours)

 

Etymology

 

From Middle English labouren < Old French laborer < Latin laborare (“‘(intransitive) to labor, strive, exert onself, suffer, be in distress, (transitive) to work out, elaborate'”) < labor (“‘labor, toil, work, exertion'”); perhaps remotely akin to robur strength'”).

1. Effort expended on a particular task; toil, work.
2. Workers in general; the working class, the workforce; sometimes specifically the labour movement, organised labour.
3. A political party or force aiming or claiming to represent the interests of labour.

 

 

Temporary Labour Agencies

We can provide specialist labour on a short or medium term basis, including the following:

• Surveying Staff
• Administration Staff
• Planning Consultants
• Managers
• Support Staff, etc.

 

 

 

We’d like to Talk

We aim to meet all of your needs, so please talk to us if you have specific requirements.