The use of expert determination

In out latest alternative dispute resolution series Lois Putnam of Clyde & Co provides a short guide to the use of expert determination.

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Contracts monitor: Keeping records is good practice

Our contracts monitor Michael Phipps, principal of Thurston Consultants, warns of changes in the JCT Tendering Practice Note that might easily be overlooked. He also warns about keeping proper records as in many disputes parties are unable to produce the contracts under which they work.

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Reports from the courts: May 2018

Our regular round up of cases of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP looks at a surprise ruling on adjudication; and a rare example of a TCC judgment on a Pre-Construction Services Agreement.

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New and proposed legislation: State of play table 229

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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Overhaul of National Planning Policy Framework

On 5 March 2018, the Prime Minister announced the revised draft of the National Planning Policy Framework (NPPF).

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Legal terms explained: Fitness for purpose

A fitness for purpose obligation imposes a higher duty than an obligation to exercise reasonable skill and care. It is an absolute obligation to achieve a specified result, a breach of which does not require proof of negligence.

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BIM expertise in short supply?

Is your lawyer or commercial adviser up to giving you the advice you need in order to incorporate Building Information Modelling (BIM) into your contractual relationships?

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News in Brief: May 2018

Traditional procurement methods remain the most popular within the construction industry, followed closely by Design and Build, according to the NBS National Construction Contracts and Law Report 2018.

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Second edition of BIM Protocol published

Current practices and standards regarding the use of Building Information Modelling (BIM) are reflected in the second edition of the Construction Industry Council’s BIM Protocol, published in April.

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