Contracts can boost BIM

Research led by the King’s College London Centre of Construction Law has highlighted how construction clients can get more out of Building Information Modelling (BIM) by carefully structuring their procurement and contracting processes to maximize potential benefits.

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Anti-oral variation clauses ruled out

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News in Brief: June 2016

JCT’s contracts revisions get under way with publication of the Minor Works Building Contract 2016 which will be available from 24 June.

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Legal terms explained: Prolongation

What are prolongation costs? Prolongation costs are the extra costs incurred by the contractor as a consequence of being on site (to complete the works) longer than was originally planned (and priced). Such costs arise as a result of one or more events that are the risk and responsibility of the employer.

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Agreements underpin two stage tenders

Guest editor Ed Freeman of Clyde & Co welcomes widening appreciation of the shortcomings of letters of intent, but sees growth of something similar with the pre-construction services agreements that typically accompany two-stage tendering.

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State of Play table: 210

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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BIM Task Group unveils website

On 4 April 2016, the date of the government’s mandate requiring Building Information Modelling (BIM) Level 2 for all centrally procured government projects, the BIM Task Group unveiled a new online website which was developed by the British Standards Institution.

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Reports from the courts: May 2016

Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP review the most recent court decisions of most interest to construction, including one highlighting the problems that can arise when amending standard forms; and one underlining the importance of payment notice clarity.

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Is arbitration hindering case law?

Lord Chief Justice Lord Thomas of Cwmgiedd suggested recently that development of case law was being hindered by the growing use of arbitration. Ben Mellors of Beale & Company Solicitors LLP values the advantages of arbitration and suggests that adjudication may be the culprit.

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Mixing cases can cause confusion

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the RIBA Concise Building Contract 2014. Some risks may be allocated in ways that are unfamiliar, he warns.

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