BIM – time to embrace change

Guest editor Vijay Bange of Trowers & Hamlins suggests that lack of funders’ interest in operating costs might be one reason why the take up of Building Information Modelling under private finance initiative type schemes has been so slow. More generally, parties are wary of sharing information.

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New health and safety sentencing guidelines come into force

New sentencing guidelines applicable to health and safety offences (and corporate manslaughter/food safety and hygiene offences) came into force in courts across England and Wales on 1 February 2016.

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State of play table 208

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: April 2016

Our regular round up of court decisions, from Andrew Croft and Natalie Ledger of Beale & Company, examines a cautionary tale of the dangers of giving informal advice as it may create a tortious duty of care; a court ruling on whether a variation can be agreed by email; and a Scottish case where the court was willing to uphold obligations to provide collateral warranties. 

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Field books might still have a place

Continuing his review of RIBA’s Concise Building Contract 2014, our contracts monitor Michael Phipps, Principal of Thurston Consultants, finds examples of odd wordings and evidence of inadequate text checking.

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Courts take broad view on exclusion clauses

Shona Frame of CMS examines exclusion clauses, which recently came under the scrutiny of the courts. These recent decisions suggest that broad interpretations of the losses intended to be excluded are likely to prevail over linguistic arguments as to how particular phrases might be applied in varying circumstances.

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Do I need an expert?

The courts have discretion in controlling how much, and whether, expert evidence is required or permissible. Barrister Paul Newman of 3PB reviews recent case law that touches upon the question of whether in the opinion of the courts expert evidence is required.

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Remedies in procurement challenges

Challenges to public sector contract awards are becoming more common, particularly for larger framework type arrangements. Cecily Davis of Fieldfisher looks at recent challenges that reached the courts – could a court order who a contract should be awarded to? 

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What does ‘time at large’ mean?

Barrister Omar Eljadi of Atkin Chambers says the judicial rationale for doubts over whether time is set at large when no extension is awarded might be open to question. A deeper examination of the prevention principle is needed, he argues.

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When enthusiasm outweighs common sense

Vijay Bange of Trowers & Hamlins analyses an enforcement of an adjudicator’s decision which highlights that even though an adjudicator is appointed under a contract which later transpires to be the incorrect one, the adjudicator will have jurisdiction if the basis of his appointment remains the same. 

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