Corruption in construction: it isn’t always obvious

Anita Clifford (1)

Anita Clifford advises firms to implement robust measure to combat fraud and bribery even in its most subtle forms

Concerns about fraud and corruption continue to swirl around the construction industry. On 28 November 2021, the Financial Times reported that between 2% and 10% of all spending on the UK government’s £100bn a year infrastructure drive would be lost to fraud, collusion or bribery. But the vulnerability is not limited to construction companies themselves. Banks and professional services firms are under a duty to report reasonable grounds to suspect money laundering to the National Crime Agency. Where there are indicators that a construction company is engaged in fraud or bribery, a report must be made by transactional lawyers, accountants, tax advisers and banks. This can land the construction company and others that turning a blind eye to suspicious conduct in hot water.

For some businesses, strong anti-financial crime controls and devotion of sufficient resources to compliance may have slipped during the pandemic. Movement in the labour market may also mean new persons unfamiliar with anti-financial crime controls now hold key roles, including in contract negotiation. A sustained period of leanness will additionally make any company hungry to win work. These wider factors inevitably increase the exposure of a construction company to fraud and corruption.

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