Collaboration needs to be addressed

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, examines the Supplemental Provisions of the JCT Management Building Contract. Can proper co-operation be established and maintained using a management contract, he asks.

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Reports from the courts: April 2015

Andrew Croft and Simi Sivapalan of Beale & Company report on the recent court cases of most interest to construction, including one with implications for novation; and a ruling that underlines the difficulty of challenging an adjudicator’s jurisdiction on the grounds that a dispute has not crystallised.

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Late payment: challenging grossly unfair terms and practices

The Department of Business, Innovation and Skills (BIS) has published new proposals which seek to expand the powers of representative bodies in the UK to better tackle late payment issues.

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State of play table 198

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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Two stage tenders on the rise

Guest editor Ed Freeman of Clyde & Co explains why pre-contract services agreements are growing in popularity along with the use of two-stage tendering. Approach them with caution, he advises.

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Legal terms explained: Remoteness of damage

Remoteness of damage In contract law, if Party B breaches an obligation it owes to Party A, Party A, in principle, is entitled to damages. However, the law applies certain principles to limit the level of damages Party A is entitled to recover, one of which is the principle of remoteness.

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News in Brief: April 2015

The Health and Safety Executive (HSE) has appointed Peter Baker as its new chief inspector of construction. Mr Baker is swapping HSE’s chemicals, explosives and microbiological hazards brief for construction, replacing acting chief inspector Philip White from 1 April 2015.

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New JCT Chair appointed

The Joint Contracts Tribunal (JCT) has appointed Richard Saxon CBE as its new chair, following Peter Hibberd standing down after 15 years with the organisation.

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Design framework re-procures

The government’s stalled £750 million Project Management and Full Design Team Services Framework will be subject to further delay of at least another nine months, which will mean it starts two and a half years later than planned.

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Rumblings in the procurement jungle

Something must be bad in the world of public sector procurement when politicians are waking up to the fact that something needs to be done about it. Much has been said – and even more observed – about the poor management skills that seem to underpin much of the public sector’s procurement management, but little seems to get done, so any signs of activity among politicians are to be welcomed.

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