News in Brief: July 2015

Government Chief Construction Adviser Peter Hansford will not be seeking another term after his contract expires in November. Mr Hansford has been in post since November 2012, when he was appointed for a two year term that was extended in July 2014 until November this year.

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Education framework questioned

Government commitment to its promises to reform central government procurement have been called into question by an apparent about turn on an earlier ministerial promise to scrap a controversial education framework that excluded smaller firms below a minimum turnover requirement.

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Key Singapore FIDIC ruling

The Singapore Appeal Court has provided a key ruling in relation to FIDIC contracts that confirms that a contractor can go to arbitration solely over an employer’s failure to comply with the decision of a Dispute Resolution Board (DAB).

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Late payments law promised

Government plans to introduce late payments legislation in an Enterprise Bill this Parliament have been confirmed in the Queen’s Speech.

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Rising tide might sink late payment culture

It will probably surprise few to read in news this month that construction suffers more from the bugbear of late payments than any other industry; and smaller firms in the industry suffer worst of all. Waiting 80 days has not been unusual for many years, and the latest survey suggests delays of up to 107 days.

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Jurisdiction demands clear expression

Our latest alternative dispute resolution series article from Rupert Coldwell of Clyde & Co examines the implications of a TCC decision for clear drafting of adjudication provisions in contracts.

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Defect or damage – a definition issue

Insurance expert John D Wright of JD Risk Associates examines the cover currently available for defects in the insurance market. The difference between the legal meanings of ‘damage’ and ‘defect’ might be greater than thought, he warns.

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Alliancing thriving post recession

In the second part of her article on alliancing Cecily Davis of Fieldfisher examines some of the legal and cultural obstacles to its successful spread in construction. The thirst for this more collaborative way of working is strongly in evidence, she argues, despite a recent rise in disputes.

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BIM promotes collaboration

Following a recent BIM Working Group held by Beale & Company, Andrew Croft and Natalie Ledger identify some of the legal issues arising from the use of BIM and explore some of the methods of managing them. Collaborative contracts look like becoming more prevalent.

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Supreme Court changes limitation

Shona Frame of CMS Cameron McKenna reports on the implications of a Supreme Court decision that changes what was the Scottish position on prescription and limitation for the past 30 years. Another key change is also coming, relating to counterpart signatures.

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