How to be good

The renovation of the berlaymont building, which houses the headquarters of the European commission in Brussels, has been dogged with problems since the discovery of asbestos on the site several years ago. More recently, in May this year, Greenpeace claimed that the Belgian contractor on the job had used illegally logged Indonesian plywood.

Greenpeace accused the commission of contributing to the decline of wildlife habitats in order to put “European Union bureaucrats in plush offices”. The issue caused intense embarrassment for the commission – the only response it could make was to claim that it had been assured that only environmentally sound wood would be used in the building, and that it would ask the contractor to investigate.

Why is it important to ensure that materials from sustainable sources are used in construction? Obviously, there are environmental reasons, such as protecting biodiversity, and, as the European commission discovered, because to do otherwise is to risk adverse publicity. Another reason is that of following best practice.

The government, one of this country’s largest employers and developers, is adopting policies on purchasing legal and sustainable timber. It produced the Green Guide for Buyers - Timber Procurement Advice Note in January of this year to advise government departments involved in procurement on the procedure for purchasing legal and sustainable timber. Government contracts will contain provisions, at tender level and in the contract itself, requiring contractors to ensure that the timber they supply is legally logged and traded. The NHS has similar policies in place. Thus, any contractor wishing to be involved in government development will have to ensure that it and its subcontractors are using timber from legal and sustainable sources.

But the burning question that the Berlaymont team couldn’t answer still remains: how does an employer or a main contractor control supplies of materials from parties with which it may have no direct contract?

Contractually, the answer is fairly straightforward. Timber from sustainable sources can be specified and it is simple enough to include a clause in the contract requiring the contractor to ensure that the materials used are of good origin. There should also be a clause in the main contract that requires the same in all subcontracts or supply agreements.

Most contracts contain a prohibited materials clause of some kind, often stating that materials should not put people or property at risk of injury. This could be easily amended to also state that materials are procured from legal and, where relevant, sustainable sources. If there are particular materials that cause concern, then these should be referred to in the contract specifically, to ensure that the contractor is aware of its obligations.

Of course, it is all well and good to put these clauses into main contracts and subcontracts, but how can a party be sure that the timber they are using actually is from sustainable resources?

The best way is to use materials that have been blessed by an independent forest certification organisation, such as the Forest Stewardship Council. These bodies sets principles and criteria for good forest management, and accredit the certifiers that vouch for the timber.

The FSC operates on a global scale, and it provides a single standard for their timber regardless of the country of origin, species or certifier. This means that any wood that carries the FSC logo can safely be considered to be from legal and sustainable sources.

One timber supplier, B&Q, ensures that all the timber and timber-containing products it sells comes from independently certified and FSC-certified forests.

Corporate social responsibility includes ensuring that all timber – in the final product and also for temporary works – is from sustainable resources. Arguably, this could have a financial impact on development.

But the financial cost is low compared to the environmental costs of failing to do so. By absorbing carbon dioxide and regulating the hydrological cycle, forests are the single most stabilising feature of the world’s land surface.

Richard Ward is head of construction at Eversheds. It was co-written by solicitors Jon Stephenson and Emily Lake