Public procurement after Brexit – what can we expect?

Stuart Brown of Trowers & Hamlins examines some key proposals of the Government’s Green Paper on transforming public procurement. Frameworks could become more popular as a result of changes to how some commercial purchasing tools operate.

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Notices of Claim: the Devil is in the Detail

Chris Utton of HFW examines a recent judgment that should act as a warning to contractors to be familiar with the detail of the notice provisions in contracts. He warns that the content of the notice may be as important to the success of a claim as notifying the claim within time.

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Lawyers must promote ‘green’ drafting

Sustainability is increasingly promoted in project specifications as the world tackles climate change. Jane Hughes of Stevens & Bolton LLP argues that lawyers must go further, and have a moral duty to promote sustainability provisions in contract conditions.

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Simple Words – Hidden Problems

Our insurance expert John D Wright of JD Risk Associates warns about the dangers of assuming you know what a commonly used word actually means when deployed in a policy, reviewing relevant case law.

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Prevention is better than cure

In our latest Alternative Dispute Resolution series article Tracey Summerell of Dentons UK and Middle East LLP warns of growing pressures likely to provoke disputes. ADR can help them from arising, she advises.

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New and proposed legislation: State of play table 257

This table, prepared by Dentons UK and Middle East LLP, 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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Major public procurement reform in the UK kick-started

The Cabinet Office’s Green Paper Transforming Public Procurement, published on 15 December 2020, sets out the government’s goals to reform procurement laws, now the UK is no longer bound by the EU Directives on which UK procurement laws are based.

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Legal Terms Explained: Defective Premises Act 1972

1. How is the Defective Premises Act 1972 (the “Act”) relevant to construction projects? The Act provides a remedy to property owners (the original purchaser as well as subsequent owners, whatever their interest) for defects which render a dwelling unfit for habitation, against those who take on work for or in connection with the provision of that dwelling.

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Prolongation and fair recourse for consultants

Guest Editor Will Buckby of Beale & Company Solicitors LLP argues that many bespoke consultancy appointments are unacceptably harsh in the way they treat claims resulting from prolongation or delay outside of the consultant’s control. Consultants should take a robust stance to negotiate appropriate clauses within their appointments entitling them to additional fees and extensions of time in the event of prolongation or delay.

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Reports from the courts: Jan/Feb 2021

Our regular review of the court decisions of most relevance to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who look at a decisions showing that the courts will not enforce adjudication decisions where manifest injustice can be demonstrated; and another highlighting the need for clear drafting to permit the omission of works from a contractor.

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