Bidding burden must come down

A recently published survey of bidding costs among the UK’s contractors and consultants makes for some worrying reading. That the costs are high and rising is widely appreciated within the industry but to see the extent of the problem spelled out will be a shock to some.

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Insuring the terrorism risk

Insurance expert John D Wright of JD Risk Associates explains what insurance cover against terrorism is available to the construction and property sectors. The cornerstone has been the Pool Re scheme which is under review.

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RIBA offers ‘value’ dispute resolution

In our latest alternative dispute resolution series article Rachel Chaplin of Clyde & Co examines two schemes from RIBA that offer viable quick and cheap dispute resolution options. Whilst most acknowledge that adjudication is quick, few would argue it is cheap.

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Protecting funders

Funders seem to run the development game but often opt for an overcautious approach, argues Pippa Beesley of Mundays in this overview of the tools they can use to protect their investments.

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All change or more of the same?

Julie Teal and Anne Davies of Withers look at the revised Construction (Design and Management) Regulations that take effect in April. The impact of the changes could be felt most keenly on smaller projects, they argue.

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Third party adjudication rights

Vijay Bange of Trowers & Hamlins reports on a case involving a question that had not previously been put to the Technology and Construction Court – whether a third party can refer a dispute to adjudication. The answer is no – unless the contract specifically allows for it.

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Adjudication and natural justice

Inconsequential natural justice breaches will not succeed as the basis for challenges to adjudication decisions, warns Jessica Stephens of 4 Pump Court. Some breaches however will render decisions unenforceable, as she explains.

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Decision reignites adjudicators’ fees debate

Following a recent appeal court ruling that an adjudicator is not entitled to be paid if he does not produce an enforceable decision, Neil Kelly of MacRoberts analyses a Scottish court decision that provides guidance on the same issue.

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Collaboration needs to be addressed

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, examines the Supplemental Provisions of the JCT Management Building Contract. Can proper co-operation be established and maintained using a management contract, he asks.

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Reports from the courts: April 2015

Andrew Croft and Simi Sivapalan of Beale & Company report on the recent court cases of most interest to construction, including one with implications for novation; and a ruling that underlines the difficulty of challenging an adjudicator’s jurisdiction on the grounds that a dispute has not crystallised.

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