News

Crisis of confidence

The current pace of scale of outsourcing of public sector work outstrips the ability of civil servants to design and manage these complex contracts effectively, says the Institute for Government (IfG).

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Risk guidance from Olympics

The Treasury has published a supplement to its Green Book on how public sector bodies should appraise policies, programmes or projects before committing funds, providing guidance on assessing infrastructure spending, more detail on how project risks should be estimated and on how contingency funds should be managed.

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PBAs for Scottish projects

Project bank accounts (PBAs) are to be trialled on a range of public sector projects in the Scottish transport, health and local government sectors, the Scottish government has confirmed.

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Beware new words in old contracts

In the first part of a commentary on standard forms our contracts monitor Michael Phipps, Principal of Thurston Consultants, warns against some common misperceptions of what constitutes a contract. Make sure your copy is current, is his first warning.

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Legal terms explained: Force majeure clauses

Force majeure clauses appear in standard form construction contracts. Th e JCT form, for example, uses this term as a relevant event but it is not defi ned. FIDIC provides a non-exhaustive list of examples and NEC uses the term prevention for what is eff ectively force majeure.

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News in Brief: November 2013

Clients involved in a London domestic property conversion during which a worker died in a trench collapse have been sentenced at Woolwich Crown Court.

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Safety double whammy

Over half of site personnel involved in visits by Health and Safety Executive (HSE) inspectors have never heard of the Fee for Intervention (FFI) scheme that can lead to significant financial charges if safety breaches are found, according to a client survey by DAC Beachcroft.

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Adjudication award stayed

The Technology and Construction Court has given contractor John Graham Construction a stay of execution over an adjudication award to cladding sub-contractor Pioneer Cladding because the subcontractor is in financial difficulties.

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Private finance template

New standard legal documents have been published by the Treasury that set out how it wants private finance projects to operate, following a consultation exercise.

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Management time – easier to recover?

Guest editors Sean Brannigan QC and George Woods of 4 Pump Court argue that the courts will approve claims for recovering the cost of staff time lost in dealing with the consequences of a defendant’s breach. A review of relevant judgments though confirms that detailed evidence will have to be produced.

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