State of play table 187

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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Legal terms explained: Subject to contract

The term ‘subject to contract’ is usually used by parties to contract negotiations to confirm that further negotiations are contemplated and to ensure that no contract is formed.

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Contract management slammed

Significant weaknesses in the way that major contracts are managed by the public sector were revealed in a Cross Government Review of Major Contracts worth a total of £5.9 billion by the Cabinet Office.

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New procurement rules

New European Union public procurement rules will make it easier for small and medium sized firms to bid for work on large public sector projects and frameworks.

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Supplier finance scheme extended

Supplier finance schemes that allow suppliers to get around often lengthy payment delays are being offered to medium sized contractors for the first time by invoice financing specialist Nucleus Commercial Finance.

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News in brief: January 2014

The Scottish government wants public bodies to ban contractors and other suppliers from public sector contracts unless they can prove that they no longer use blacklists.

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‘Day of shame’ for Whitehall contract managers

The UK government is pushing ahead with plans to outsource more government services despite the growing evidence that the UK public sector is nowhere near capable of managing the large contracts involved.

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Pay now, argue later – unless misled

In the latest article in our alternative dispute resolution series Rachel Chaplin of Clyde & Co reports on a TCC case which granted a rare stay of execution of an adjudication award.

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Design and build insurance not a panacea

Design and build is now a favoured procurement route for many clients, imposing onerous duties and responsibilities on contractors. Insurance expert John D Wright of JD Risk Associates highlights some pitfalls.

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Time of the essence for claims in tort

When a main contractor resorts to a claim in tort against its sub-contractor to ‘pass down’ liability to the employer/a beneficiary, when does its cause of action accrue? Peter Stockill of Berrymans Lace Mawer considers the issues.

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