Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”

1 High Pavement

Access all documents on Hard FM

Hard FM meaning

What does Hard FM mean?
Hard FM (hard facilities management) describes the management, operation, maintenance and repair of a building’s physical fabric and engineered systems. In legal practice it is used in outsourcing, PFI/PPP and real estate (landlord and tenant/service charge) documents to define scope, service levels and risk allocation. It is an industry term, not defined in legislation or case law, and its usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Typical hard FM services include planned preventive maintenance (PPM), reactive repairs and lifecycle replacement of mechanical and electrical (M&E) plant and equipment (HVAC, lifts, lighting, power, plumbing, water hygiene, fire detection/suppression, security systems), and upkeep of the structure and building fabric. It also covers statutory inspections, testing and certification to ensure compliance with applicable health and safety and fire safety regimes (for example, gas and electrical safety and lift/pressure system examinations). By contrast, “soft FM” (e.g., cleaning, catering, reception and landscaping) is usually excluded. Key legal issues include: precise scope definition; handover/handback and asset data; statutory compliance obligations; SLAs/KPIs and performance deductions; variations and lifecycle risk; warranties and latent defects interfaces; allocation of design duties; CDM/health and safety responsibilities; indemnities/insurance; and potential workforce transfer (TUPE or Irish equivalents).
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Hard FM

NEWS
Why the new UK family migration MIR is legally vulnerable: Article 8 proportionality, s 117B 'financial independence', and a tribunal-based litigation strategy

R (MM) Lebanon v SSHD [2017] UKSC 10 (MM) At first sight, this is not a reassuring authority. While a £18,600 MIR might look reasonable today, given that it sits a shade below the yearly earnings from a full‑time minimum wage post, when it was introduced in 2012 it stood markedly above the minimum wage (about £11,500 a year), with an estimated 47% of working adults earning less. If a threshold with such effects has already been upheld as lawful, it is hard to see why excluding a further 20–25% of workers, as envisaged by the originally announced rise, would make much legal difference. Second, the court delivered forceful remarks on the need to defer to government in this field: immigration control is ‘intensely political’, the ‘constitutional responsibility of the Secretary of State’, and should be regarded as ‘high policy’. Taken together, these features make a successful challenge to a further increase appear unlikely...

Read More Right Arrow

View the related Practice Notes about Hard FM

PRACTICE NOTES
UK Construction Law Glossary: F—Facilities Management, FIDIC, Final Account, Fitness for Purpose, Force Majeure, Frameworks and Funding

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Facilities management Facilities management contracting is, at its core, a commercial services contract arrangement, covering ‘Hard FM’ (relating to the upkeep and fabric of a building, for example mechanical and electrical systems), ‘Soft FM’ (relating to in-building support functions such as cleaning, security and helpdesk services) or ‘Total FM’ (which can combine a number of hard and soft facilities management services), as required within buildings. See subtopic: Facilities management for construction lawyers. Fédération Internationale des Ingénieurs-Conseils (FIDIC) The International Federation of Consulting Engineers. FIDIC issues a suite of standard-form contracts for deployment on international construction projects. In common usage, ‘FIDIC’ typically refers to that family of contracts rather than the institution itself. See subtopics: FIDIC contracts 2017 onwards and FIDIC contracts pre-2017 editions in practice by practitioners. Feed-in tariff The Feed-in tariff (FIT) scheme—also sometimes known as the...

Read More Right Arrow
PRACTICE NOTES
Facilities Management Contracting: hard, soft and total FM; staff and service transfer; TUPE; Housing Grants, Construction and Regeneration Act 1996; advantages and disadvantages

This Practice Note examines facilities management (FM) contracting, explaining what it involves and its advantages and disadvantages... A strategic approach to service provision FM contracting is, at heart, a commercial services contracting model, which may comprise: Hard FM – covering the upkeep and fabric of premises, such as mechanical and electrical systems Soft FM – covering support functions within a building, including cleaning, security and helpdesking Total FM – bundled packages that may integrate multiple hard and soft FM services The worth of FM contracting as a contractual mechanism is both economic and operational, enabling organisations to apply FM in strategic and tactical ways to reframe their own business activities... What makes FM different? FM is distinguished as a service sector by the binding contractual relationship between the FM contractor and the client, under which the contractor undertakes services that were traditionally delivered by the client itself. This makes FM agreements inherently complex, as they must address the...

Read More Right Arrow
PRACTICE NOTES
PFI/PF2 project structures: parties, roles and interfaces in the UK

This Practice Note explores the principal parties commonly engaged in a PFI or PF2 project. It outlines the functions of public sector participants, private sector counterparts, finance providers and sub-contractors, together with support providers and other professionals involved. In the 2018 Budget (delivered on 29 October 2018), the government confirmed it would cease using PF2 for new schemes (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nonetheless, live PFI and PF2 arrangements remain in operation and, given the usual duration and lifespan of these schemes, are expected to do so for many years to come. Public Sector Authority/Trust This is the public sector organisation that originates and procures the PFI scheme in question and seeks to have the asset constructed and properly maintained (the label 'Trust' applies only to NHS schemes). The public body will typically be a local authority (including fire and rescue and (formerly) police authorities), an NHS Trust or a government department or non-departmental public body. The Authority/Trust enters into a...

Read More Right Arrow