Guidance Notes seldom read

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, concludes his scrutiny of the JCT’s Repair and Maintenance Contract (Commercial) 2016 with a warning that contracts must be read as they change to reflect new legislation and insurance practice.

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NEC4 increases consultants’ risk

Will Buckby and Andrew Croft of Beale & Company Solicitors LLP examine the new NEC4 Professional Services Contract and find the changes from the previous contract to be more than simply an evolution. Consultants face increased potential risk, they warn.

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Bringing existing PFI contracts back in-house

Private Finance Initiative contracts came under threat during the party political conference season. Davinia Cowden of CMS details the practical problems that would be faced in bringing them back into public ownership.

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The Bolam test and Montgomery in construction

David Pliener of Hardwicke examines a court ruling in a healthcare industry dispute that has potential implications for the duty of care owed by professionals in construction. A construction test case is inevitable soon, he warns.

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Contractors’ product liability

Insurance expert John D Wright of JD Risk Associates details what is covered under contractors’ product liability policies. Cover for damage to the product itself is usually excluded, but separate cover is available.

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NEC4 – embracing ADR?

Russell Banfi of Clyde & Co analyses some little reported features of the new NEC4 suite of contracts relating to dispute resolution and avoidance in our latest alternative dispute resolution series. Some new issues are raised, he argues.

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New and proposed legislation: State of play table 225

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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