Golden Thread Journal- 'Implications in relation to the DPA 1972 and Emergency Scenarios'

In the first article, Setting the Scene, we explored the legal framework for establishing the Golden Thread. I also shared a personal example where the absence of a complete Golden Thread led to the abandonment of a new-build higher-risk building purchase.

In this article, I want to delve deeper into the real-world implications of the Digital Golden Thread and its significance, supported by practical examples.

By now, it should be clear that the Golden Thread must be auditable, accessible, secure, and transferable. Its purpose is to ensure the right information reaches the right person at the right time, enabling informed decision-making—simple, right?

There are many real-world consequences of an incomplete Golden Thread, but today, I will focus on two key examples.

Legal and Compliance Risks- A prominent law firm has identified emerging legal challenges following the extension of the Defective Premises Act 1972. As of 28 June 2022, the period for making claims increased from 6 years to 15 years, and for claims relating to buildings completed before this date, it extends to 30 years.

This change has led to two critical scenarios:

·         Inherited Liability: Companies that have acquired contractors now also inherit legal responsibility for buildings constructed years ago—many of which were built without proper information management protocols. For document controllers, this is a nightmare!

·         Lack of Due Diligence: Companies that have purchased buildings without thoroughly checking records are now facing claims. With no documentation to prove compliance, they have little defence.

To add to this, as of October 2023, the enforcement period for building regulations non-compliance has also been extended to 10 years, further compounding the issue. Conversely, if a proper Golden Thread been in place, it would have allowed contractors and clients to evidence compliance quickly and accurately which significantly influenced the outcome of such legal battles.

The Grenfell Tragedy: A Critical Example- To emphasize the importance of the Golden Thread, I want to reference a particularly impactful and controversial example from Peter Apps’ book, Show Me The Bodies: How We Let Grenfell Happen.

In the early hours of the Grenfell Tower fire, the London Fire Brigade (LFB) requested resident lists and building plans at 5:00 AM. They received the resident list at 7:56 AM and the building plans at 7:35 AM. However:

·         The resident list was outdated, only accurate as of 30 May 2017.

·         The building plans were incorrect, at one point showing 20 storeys instead of 24.

At such a critical stage of the rescue, these errors compromised emergency response efforts. If an up-to-date, easily accessible Golden Thread had been available, firefighters could have carried out more targeted rescues, rather than working blindly in dangerous conditions.

Beyond Compliance: Sustainability & Net Zero Goals

While this article focuses primarily on safety and legal aspects, the Golden Thread could also play a crucial role in sustainability, through Building Information Modelling (BIM), complete and accurate data can:

·         Reduce carbon footprints by optimizing material use from manufacturing to decommissioning.

·         Improve recycling by ensuring decisions about material reuse are informed by detailed lifecycle data.

What’s Next?

In the next article, we will explore the commercial incentives of maintaining a complete and accurate Golden Thread—not just during design and construction, but also from a developer and lender’s perspective.

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