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Watch out for paper tiger

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of RIBA’s Concise Building Contract 2014. More careful wording could make it easier to use in places, he argues.

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Design information – a modest proposal

Marion Rich, Director of Legal and Contractual Affairs of the British Constructional Steelwork Association, sees a steady and rapidly growing stream of problems arising from design information shortcomings. Rather than pursuing new initiatives, the time is ripe to focus on making existing ones work, she argues.

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Fee and overhead under NEC3

Laura Tetlow of Pinsent Masons LLP looks at the perceived lack of understanding of what ‘fee percentages’ in NEC3 Engineering and Construction Contracts (NEC3 ECC) are intended to include, highlighting some common pricing conundrums.

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Legal implications for BIM Level 3

A fundamental rethink about contractual arrangements will be needed to realise the government’s ambitions for Digital Build Britain, says Shona Frame of CMS. BIM Level 3 will throw up new challenges that will need to be met with appropriate contractual solutions.

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Payment schedules – simple or stitch-up?

Contractors were stunned by a recent court decision that seems to undermine the use of payment schedules as a means of simplifying complicated payment regimes. Vijay Bange of Trowers & Hamlins explains the background and predicts repercussions.

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Setting up shop in Qatar

Football’s World Cup will be held in Qatar in 2022, creating even more opportunities for construction companies from the UK. Andrew Jones of Dentons reviews the legal hurdles to be overcome.

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Subrogation rights – simple in theory, complex in practice

Insurance expert John D Wright of JD Risk Associates examines the case law relating to how subrogation impacts on claims under policies. Subrogation rights can be lost because of contractual terms, he warns.

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Brexit brings unwelcome uncertainty

Our latest alternative dispute resolution series article by Russell Banfi and Tim Axtmann of Clyde & Co warn that uncertainties surrounding Brexit may contribute to damaging London’s status as an arbitration centre.

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Framework Alliance Contract adopted for housing

East Midlands based housing association Futures Housing Group (FHG) has adopted the new Framework Alliance Contract (FAC-1) (CL Vol 27 No 7), hailing it as a groundbreaking procurement initiative making it easier for small businesses to access larger contracts.

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Legal terms explained: Proceeding regularly and diligently

Many contracts oblige building contractors ‘to proceed regularly and diligently’ with their works (this wording appears in the principal standard forms of the JCT contract). However, termination for breach of this obligation is risky given the lack of an easily applicable interpretation of this phrase

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