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Name that specialist

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, casts his eye over the JCT’s new Named Specialist Update. Care needs to be taken with pre-printed forms relating to extensions of time or chaos will reign, he warns.

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Reports from the courts: May 2012

Our regular round up of the court decisions of most interest to construction from Will Buckby and Andrew Croft of Beale and Company includes a county court ruling on the difference between arranging for something to happen and ensuring that it does; and a London TCC decision not to deal with small value disputes.

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State of play table 170

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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SMEs and the new EU procurement directive

On 20 December 2011 the EU Commission (the Commission) published proposals for a revised EU procurement directive (the Directive) designed to simplify and improve the procurement process amongst EU member states.

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ECI and BIM – are they related?

Guest editor David Mosey of Trowers & Hamlins says early contractor involvement and Building Information Modelling are coming together in government thinking on reforming construction procurement. Standard form contracts have yet to wake up to the implications.

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Legal terms explained: Novation

Novation has become a fairly common feature of construction projects since the emergence of design and build contracting in the late 1970s. The purpose is to facilitate the transition of the employer’s design work by his own design consultants to become part of the contractor’s own responsibility.

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Misrepresentation minefield

In the latest in our alternative dispute resolution series from Clyde & Co, Paul Morgan and Tristan Thompson warn of the dangers of misrepresentations made by mediators following a case involving a painting.

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Pay attention to pay less notices

Kim Teichmann of Thomas Eggar warns parties to contracts to get on top of the payment provisions or else legislative changes might catch them out. The pay less notice could be a crucial tool, she explains.

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Market practice reflected in new insurance clauses

Insurance expert John D Wright of JD Risk Associates analyses the implications of changes to the insurance clauses in the Joint Contract Tribunal’s 2011 suite of contracts.

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NEC 3 and Option X12

Is true partnering possible under the NEC using the Option X12 bolt on? Vijay Bange of Trowers & Hamlins says no, because it does not allow early contractor involvement and not all project partners would have a legally binding relationship.

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