Construction can’t wait

We report briefly in News on the capability review set up by Commercial Secretary to the Treasury Lord Deighton to assess whether the public sector procurement staff involved with infrastructure have the right commercial and project management skills in place. To equally briefly sum up what his review must conclude – no, they don’t.

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Dispute resolution – getting a grip

Regular contributor David Mosey fills our guest editor slot for the last time before retiring from Trowers & Hamlins after leading their Projects and Construction Group for over 20 years, to take up a professorship at King’s College, London, as Director of its Centre for Construction Law. He argues that facilitated negotiation and mediation under partnering contracts can be the best solution for dispute management.

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Reports from the courts: March 2013

Our regular round up of the court decisions of most interest to construction from Will Buckby and Ibaad Hakim of Beale and Company focuses on a case concerning liability for the failure of an under designed platform; and another where an adjudicator changed his mind.

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Reality checks a good idea

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the JCT’s new guide to tendering procedure, which suggests some additions that could be made in the next Construction Act revision.

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PF2 – A new beginning for PFI?

Tom Pemberton and Pasquale Pisanelli of Beale and Company outline reforms to the private finance initiative, PF2, that are hoped to generate increased infrastructure investment. Although the new regime is in use for school building, doubts remain whether they will attract investment funds.

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Consistency on-demand or guaranteed?

Kirstin Bardel of Ashurst takes a detailed look at a recent Court of Appeal decision in relation to the differences between on-demand bonds and guarantees, and considers its implications for construction.

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Why collaborate?

Collaborative working is an industry holy grail, and much has been done to promote it, says Shona Frame of MacRoberts. But among the many success stories, there are some cautionary tales.

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Costs reforms may be much ado about nothing

New Civil Procedure Rules affecting costs in the Technology and Construction Court come into effect from 1 April. Hamish Lal of Jones Day says they may not have as big an impact as expected.

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Fun and games with FIDIC DABS

The operation of Dispute Adjudication Boards under FIDIC contracts is analysed by Michael Stewart of Pinsent Masons. Jurisdiction and enforcement issues are increasingly arising despite their being apparently straightforward, he warns.

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‘Caused’ by the works

Insurance expert John D Wright looks at the tricky area of third party property cover, in particular contractors’ liability for damage to adjacent property during works, explaining what underwriters will be asking questions about.

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