1/7 "The largest housebuilders have spent or committed approaching £1 billion" should be taken with a pinch of salt.

Many of them have made accounting provisions. That is not the same as agreeing to pay costs, or actually paying costs.
2/7 The £1 billion figure above also may not be strictly related to cladding costs. For example, a large part of Barratt's provision appears to relate to defective concrete frames, legal costs and the costs of buying back flats.
3/7 According to Note 3.6 to Barratt's 2021 financial statements, of its total provision of £67.6 million for building safety issues, £26 million (38%) still relates to Citiscape (defective frame).

It is unclear if that £26 million is included in the £1 billion number above.
4/7 Other large builders have similar multi-faceted provisions. For example, Persimmon's 2020 financial statements (note 21) say that its provision of £75 million includes both costs of remediation and costs of "technical assistance".

Is this included in the £1 billion?
5/7 Provisions also commonly include the estimated legal fees associated with the matter causing the provision to be made. Unknown whether the builders' provisions do.

And the fact that a provision has been made does not necessarily mean any money will actually be spent.
6/7 The accounting test (at least under IFRS) is whether it is "probable that an outflow of cash or other economic resources will be required to settle the provision".

The timing and amount of a provision are therefore finely balanced matters of director and auditor judgment.
7/7 Having spent years of my working life dealing with accountants and auditors over updates to litigation provisions, unpicking what is and what is not included in these provision numbers from outside the business is no easy task.

Treat the £1 billion number with caution.

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More from @LiamSpender

23 Nov 21
1/14 FirstPort (or should that be LastPort?) making Bernie Madoff look small time. Again.

dailymail.co.uk/property/artic…

I personally stand to pay £1,358.50, which is an inflated figure to pay FirstPort's fees and because its a crap negotiator.
2/14 So far, in exchange for their £34,000-odd fee they have:

1/ Copied and pasted a specification of works prepared by a contractor.

The copy and paste job is so bad that they have copied into the document "(C) SCCI AlphaTrack Page 5"
3/14

2/ They then did not upload the specification of works to the FirstPort MyHome website, as twice promised. It took about 2 weeks to get it out of them.

3/ The Major Works team hasn't conducted a tender. They're recycling quotes obtained by the onsite staff
Read 14 tweets
10 Nov 21
Anyone who believes group litigation is a solution to #endourcladdingscandal should take a look at this decision from the Supreme Court this morning.

The case concerns Google's alleged breach of the Data Protection Act 1998 for unauthorised tracking of iPhone user data in 2012.
2/9 Richard Lloyd -- backed by huge litigation funder Therium -- sought to issue a group claim against Google seeking damages on behalf of around 4 million affected users.

The claim was put on an "opt-out" basis, meaning people would be included without having to sign up.
3/9 Mr. Lloyd's case was that each individual user had suffered damage as a result of Google's activities, but that it was not necessary to prove the amount of damage for each individual user because they would all claim the same amount of damages.
Read 9 tweets
3 Nov 21
1/13 A shameful day for British democracy today.

The Commons voted 250-232 to delay considering the report on sanctioning Owen Paterson for paid advocacy (mainly failing to declare he was a paid lobbyist for food products firms when approaching gov't departments and regulators)
2/13 MPs also voted to establish a new committee to consider whether to set up a new system for investigating complaints about MPs' conduct.

MPs then voted 248-221 for this new system, and the delay to Mr. Paterson's case, to take effect.
3/13 The remedy above is not available to any ordinary citizen.

If you are convicted of a crime and the law changes, you don't get a retrial unless there is some reason to doubt the original decision under the law as it applied at the time.
Read 13 tweets
21 Sep 21
1/7 #forcedloans Horrified to see Homes England advertising for an 18 month fixed term employee to oversee development of loans for 11-18 metre buildings (advert here: homesenglandcareers.co.uk/search/657)
2/7 #forcedloans would see innocent leaseholders pay the full cost of cladding works, plus interest. That is unjust.

If there are any non-cladding defects, then leaseholders would have to stump up the full costs AND pay these loans. Work may still not get done.
3/7 Of course, we have only the sketchy details the government has given so far. But that limited detail suggests that #forcedloans will not work, for some or all of the reasons below.
Read 7 tweets
21 Jul 21
@nbdbuk #BuildingSafetyBill we are just coming to the end of the statement on NHS Care, about 5 speakers to go.

There is then a 10 minute rule bill about pension transfers and then the Second Reading debate will start, probably just after 3.
@nbdbuk In terms of what to expect today, the Commons is being asked to agree whether the Bill proceeds to the next stage of scrutiny, known as Committee Stage.

There will be a vote on that around 7 p.m. this evening.
@nbdbuk The Commons is also being asked to agree a programme motion setting out the timetable for the next stages of the Bill.

The Commons will send the Bill to a Public Bill Committee, which will start work in September and report back no later than 26 October.
Read 222 tweets
13 Jul 21
1/9 #BuildingSafetyBill: the Commons has just agreed to abolish English Votes for English Laws (EVEL), without a formal vote.

EVEL was introduced in 2015 to exclude Scottish MPs from laws decided in Westminster but which did not apply in Scotland.
2/9 The idea behind EVEL was to create an English Parliament, to reflect the fact that Scotland, Wales and Northern Ireland can make their own laws, whereas there is no separate Parliament for England.
3/9 After only slightly more than an hour's debate this evening, EVEL was abolished.

EVEL had been suspended since coronavirus restrictions were introduced to Parliament in March 2020.
Read 9 tweets

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