Bid evaluation process flawed

The London Assembly has blamed procurement management shortcomings at Transport for London (TfL) for gross mismanagement of a signalling contract with Bombardier Transport which has set the Tube modernisation programme back five years.

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Scots procurement reform

Scottish public procurement comes into line with the rest of the UK this month (April) with implementation of two European Union Directives applying to contracting authorities and utilities and a Directive on concession contracts.

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Budget backs BIM level three

The government has made a Budget commitment to development and rolling out of Building Information Modelling (BIM) level three despite deep uncertainty over whether the industry is ready for its mandate for BIM level two which comes into force this month (April).

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News in Brief: April 2016

The Health and Safety Executive (HSE) has rejected UCATT claims that there has been a rise in prosecution delays and a fall in convictions following construction deaths.

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Legal terms explained: Legal Privilege

Legal privilege entitles a party (or their successor in title) to withhold either written or oral evidence from production to a third party or the court. It is a fundamental right intended to protect the client-lawyer relationship and the administration of justice.

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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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