Whitehall culture needs to be changed

The Public Accounts Committee (PAC), the House of Commons public spending watchdog, has produced another scathing report about the lack of commercial skills in the public sector. The civil service doesn’t place much value on commercial expertise, the MPs say, which has always been recognised by clever career civil servants who know they should take other paths if they want to advance.

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Legal terms explained: Endeavour clauses

A contractual obligation on a party to ‘endeavour’ to achieve a particular outcome can be hotly contested, due to the fact that the time, effort and expense that a party can be required to expend can vary dramatically according to the terminology used. Such obligations often lack defined parameters, giving the courts plenty to consider in recent years.

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National Infrastructure Commission concludes first phase of reporting

Following its inception in October last year, the National Infrastructure Commission has now reported in a number of key areas of infrastructure investment, as follows: (i) Smart Power; (ii) Transport for a World City; and (iii) High Speed North.

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State of play table 209

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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Reports from the courts: May 2016

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP includes a case that highlights the importance of clearly allocating risk in a contract; and one where the parties failed to ensure that an  amendment was reflected throughout the contract.

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Logical pattern removes scope for lame excuses

Contracts monitor Michael Phipps, Principal of Thurston Consultants, turns to the insurance and payment clauses of RIBA’s Concise Building Contract 2014. Some prospects of withholding due payments using ‘lame’ excuses have been removed, he notes.

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Arbitrator receives apparent bias ruling

Doubts about the apparent impartiality of an arbitrator were at the centre of a recent action over his involvement in the process, as Vijay Bange of Trowers & Hamlins reports. Bias is not an issue to be raised lightly, the case demonstrates.

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Slavery a modern issue

Brett Hartley of Clyde & Co examines the new supply chain transparency reporting obligations under the UK’s Modern Slavery Act 2015. While targeting larger organisations, all tiers of suppliers operating in the construction sector are likely to feel the effects of the new reporting requirements.

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Trade union urges Scotland to back PFI buyouts

The Scottish Government could save as much as £12Bn by buying out public-private contracts for a range of schools and hospital projects, trade union for public sector workers Unison has suggested.

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