Construction open to slavery

The construction industry is highly vulnerable to modern slavery according to a study by LexisNexis BIS called called Hidden in Plain Site – Modern Slavery in the Construction Industry.

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More contract visibility needed

Lack of visibility of the pipeline of public sector projects is preventing construction companies making long term plans and achieving business aims, according to a survey by framework managers Scape.

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News in Brief: October 2016

Kent based Highway Care Limited has been fined £660,000 after pleading guilty at Maidstone Crown Court to health and safety breaches that resulted in a drum 41 year old Andrew Foster was cutting with a plasma cutter exploding in his face.

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State of Play Table 213

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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Planning for nationally significant infrastructure projects

On 12 July 2016, the House of Commons’ Library published a briefing paper on planning for nationally significant infrastructure projects (NSIPs).

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Reports from the courts: October 2016

Our latest round up of the court cases of most interest to construction from Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP focuses on a decision highlighting that the natural meaning of the words used will be the primary consideration in the interpretation of construction contracts by the courts; and another underlining the importance of agreeing and documenting variations.

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Watch out for paper tiger

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of RIBA’s Concise Building Contract 2014. More careful wording could make it easier to use in places, he argues.

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Design information – a modest proposal

Marion Rich, Director of Legal and Contractual Affairs of the British Constructional Steelwork Association, sees a steady and rapidly growing stream of problems arising from design information shortcomings. Rather than pursuing new initiatives, the time is ripe to focus on making existing ones work, she argues.

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Fee and overhead under NEC3

Laura Tetlow of Pinsent Masons LLP looks at the perceived lack of understanding of what ‘fee percentages’ in NEC3 Engineering and Construction Contracts (NEC3 ECC) are intended to include, highlighting some common pricing conundrums.

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Legal implications for BIM Level 3

A fundamental rethink about contractual arrangements will be needed to realise the government’s ambitions for Digital Build Britain, says Shona Frame of CMS. BIM Level 3 will throw up new challenges that will need to be met with appropriate contractual solutions.

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