Courts take a grip of costs

Thomas Crangle of 4 Pump Court reports on recent applications by parties to amend costs budgets upwards. The courts’ view is not favourable, and he warns that great care must be taken in preparing costs budgets under the new regime.

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Model form is a model itself

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, praises the JCT’s Model Form of Enquiry Letter as he continues his review of JCT’s new practice note on tendering, focussing on an appraisal of the assessment and award sections.

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Reports from the courts: July 2013

In our latest review of the court cases of most interest to construction Charlie Aitchison and Will Buckby of Beale and Company find confirmation that contracts will be construed by the courts in their entirety in a TCC decision; and a case which may give cause for concern over enforcing large scale adjudications in Scotland.

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Growth and Infrastructure Act 2013

The Growth and Infrastructure Act 2013 received Royal Assent on 25 April 2013 and according to a government press release, introduces reforms ‘to reduce the bureaucratic barriers that stop British businesses from successfully creating economic growth and local jobs’.

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State of play table 183

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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Moving with the times

Guest editor Andrew Croft of Beale & Company reviews the new edition NEC3 suite of contracts which, although welcomed, could have gone further, he argues. An NEC Alliancing Contract could be in the offing.

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Where human rights impinge on enforcement

Guest editor Shona Frame of MacRoberts says the uncertainty generated by a Scottish court acceptance of a challenge to an adjudication enforcement on human rights grounds may deter parties from using adjudication.

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Reports from the courts: June 2013

Our regular look at the court cases of most interest to construction from Will Buckby and Andrew Croft of Beale & Company focuses on an appeal court reversal of a high court ruling on a case turning on ‘good faith’; and another showing the difficulties of recovering money from employers when contractors are insolvent.

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Take care with checking

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Practice Note on tendering, looking at the sections detailing the importance of observing proper procedures if successful challenges from losing tenderers are to be avoided.

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Risk and responsibility in contracts

Insurance expert John D Wright of JD Risk Associates examines the often thorny issues surrounding the principle of subrogation which, although simple in theory, often gives rise to complex issues in modern business situations.

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