Shining light on arbitration

Arbitration rarely makes headlines, which is part of the reason for using it as a dispute resolution method. Things haven’t been as quiet as normal in recent months though.

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Call for procurement reform

Contractors are calling on government to take a fresh look at how infrastructure is procured and introduce reforms to ‘burdensome’ procurement processes.

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Clients happy with performance

Results of Key Performance Indicator (KPI) research from Glenigans show marked improvement in construction cost and time predictability, especially for the design process.

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Modernise or die message

Construction has been told it must ‘modernise or die’ in a report from consultant Mike Farmer commissioned by the Construction Leadership Council (CLC).

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News in brief: November 2016

From January 2017 the National Infrastructure Commission (NIC) will be an executive agency of the Treasury, Chancellor Philip Hammond has announced. The NIC will be given its own budget and autonomy to provide advice on infrastructure priorities, but agency status stops short of the statutory independence and powers that construction bodies say it needs.

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Legal terms explained: Head office overheads and profit claims

When projects overrun, the delay can increase the cost to the contractor of working on the project. There are various heads of loss that a contractor may want to claim, but two highly contentious heads of loss are head office overheads (also known as off-site overheads) and loss of profit.

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Restoring arbitration for the 21st Century

Guest editor Martin Burns, Head of ADR Research and Development at RICS, sees a renewed appetite for arbitration, as a middle ground between long drawn out litigation and high speed adjudication. An improved version of what went before won’t be enough to cope with modern demands so new ground must be broken, he argues.

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State of play table 214

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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The Construction Supply Chain Payment Charter

The Construction Leadership Council (CLC) has relaunched its Construction Supply Chain Payment Charter (CSCPC). The Charter was first launched in 2014 and contains 11 non-binding commitments to which companies, operating within the construction industry, can attest.

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Reports from the courts

Our regular reports of the court cases of most interest to construction from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP focuses on a decision highlighting that reservations about an expert’s jurisdiction must be raised at the outset of any dispute; and another highlighting that exclusions to agreements for extensions of time should be expressly set out.

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