Funding needs planning

What is the best way to end decades of floundering, delay and indecision in the planning of the UK’s infrastructure? Few would probably say let’s create a quango to tackle the problem, but that is what has emerged as the main recommendation of the review of UK infrastructure planning by Sir John Armitt.

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Limited opportunities

In our latest alternative dispute resolution series article Paul Morgan of Clyde & Co examines the implications of a Technology and Construction Court decision for questions of limitations of action and adjudicator’s decisions.

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Insurance claims – finding the cause

Insurance expert John D Wright of JD Risk Associates explains that establishing cause is key to a successful insurance claim. Watch the precise wording used in policies, he advises.

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Professional appointments and BIM

Will Cooper of Clyde & Co considers the impact of the government’s promotion of Building Information Modelling on construction teams. A new generation of insurance products might be needed, he argues.

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Witness statements: a salient lesson

With vigorous case management by the courts increasingly a feature of litigation it is no surprise that the costs and use of witnesses are under scrutiny. Vijay Bange of Trowers & Hamlins reports on a recent case where the court struck out a significant part of a witness statement.

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Escalating dispute resolution clauses

Multi-tiered dispute resolution clauses can be used either to resolve disputes quickly or to delay settlement of claims. Shona Frame of MacRoberts says careful drafting can remove the potential for abuse.

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Cutting risk is the target

Target cost contracts are growing in use, especially on large publicly funded infrastructure projects. Nicholas Downing and Estelle Katsimani of Herbert Smith Freehills explains how they work and looks at some recent case law.

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NEC – filling the gap

The market still awaits news of an alliancing contract to augment the NEC suite, but Tom Pemberton of Beale and Company finds useful changes in the interim to the newly revised suite, NEC3. Although the revision is a consolidation rather than a complete overhaul, care needs to be taken to fully understand the new features.

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Need to name individuals

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, concludes his review of the JCT Practice Note Tendering 2012, and cautions against the ease with which damaging mistakes can creep into documentation with sometimes disastrous results.

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Reports from the courts: August 2013

In our regular round up of court decisions Andrew Croft and Will Buckby of Beale and Company report on a rare example of a partnering agreement coming under court scrutiny; and on a ruling that might encourage claimants to leave starting adjudications until the last possible moment.

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