The CDM Regulations one year on

The industry has had a year to get to grips with the revised CDM Regulations. Jane Miles of Dentons reviews the key issues that have arisen over the year and suggests how they can be dealt with.

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What makes a process plant contract different?

Simon Colegate of Weightmans reviews what it is about process plant contracts that makes them different from construction contracts. Hybrids of the two create problems, as he explains.

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It’s not fair

Sean Brannigan QC and Claire Packman of 4 Pump Court analyse recent cases to ask if construction contracts can still be subject to the Unfair Contract Terms Act 1977. If even some of a party’s standard terms are incorporated, the answer could be yes.

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Professional indemnity – design and build option

Insurance expert John D Wright of JD Risk Associates explains the market for professional indemnity cover for design and build contracts. Contractors need additional clauses to ensure they are properly protected, he warns.

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The severability of adjudication decisions

In our latest alternative dispute resolution series article Alex Gandhi and Rachel Chaplin of Clyde & Co examine a recent judgment that extends the principle of severability of an adjudicator’s decision.

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Legal terms explained: Prolongation

What are prolongation costs? Prolongation costs are the extra costs incurred by the contractor as a consequence of being on site (to complete the works) longer than was originally planned (and priced). Such costs arise as a result of one or more events that are the risk and responsibility of the employer.

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Agreements underpin two stage tenders

Guest editor Ed Freeman of Clyde & Co welcomes widening appreciation of the shortcomings of letters of intent, but sees growth of something similar with the pre-construction services agreements that typically accompany two-stage tendering.

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State of Play table: 210

This table, prepared by Clyde & Co, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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BIM Task Group unveils website

On 4 April 2016, the date of the government’s mandate requiring Building Information Modelling (BIM) Level 2 for all centrally procured government projects, the BIM Task Group unveiled a new online website which was developed by the British Standards Institution.

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Reports from the courts: May 2016

Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP review the most recent court decisions of most interest to construction, including one highlighting the problems that can arise when amending standard forms; and one underlining the importance of payment notice clarity.

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