‘Let it snow, let it snow, let it snow…’

Severe weather could be more of a feature in the UK than in the recent past if the gloomier climate forecasts are correct. If so, Guest Editor Louise Shiels of Dundas & Wilson advises keeping a weather eye on contracts.

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Legal terms explained: Defects Liability Periods – how they work

Defects Liability Periods or ‘Rectification’ provisions allow a contractor to return to site to remedy defects arising in the works for a certain period after practical completion, typically 12 months.

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News in brief: April 2011

The House of Commons Treasury Select Committee has launched an inquiry into the future of the Private Finance Initiative which will examine the strengths and weaknesses of different public procurement methods. The inquiry will build on previous inquiries by the National Audit Office and the House of Lords Economic Affairs Committee. Submissions should be made by 28 April 2011.

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PFI pilot to cut costs

A pilot project has been launched at an £835m hospital project in Essex to identify the scope for savings in operational Private Finance Initiative contracts. The contract for the Queen’s Hospital in Romford is being examined by a team of legal, technical and commercial advisers to identify savings that can be applied across the full portfolio of PFI contracts.

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Cover pricing fines slashed

Fines imposed against six construction companies that fell foul of the Office of Fair Trading’s (OFT) investigation into allegations of cover pricing have been slashed by 90 per cent after the Competition Appeal Tribunal agreed that they were excessive and discriminatory.

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Budget seeks cost cuts

Public sector construction and infrastructure procurement are to be reformed under government plans to cut costs by 20 per cent. A series of reform measures are to be rolled out starting in May, according to the Government Plan for Growth document that was published along with the 23 March Budget.

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No sympathy for the OFT

The Office of Fair Trading could expect no sympathy from the construction industry over the headline in the Times that announced the unprecedented cuts in fines imposed on six of the contractors found guilty of cover pricing: ‘Hammering for OFT as builder’s fines are slashed’ it thundered.

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When is appointing an arbitrator discriminatory?

David Owens and David Prior of Clyde & Co with the latest in our alternative dispute resolution series. Care needs to be taken in selecting an arbitrator to avoid accidental discrimination.

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Complex structure theory unresolved

Ashley Pigott and Alex Freeman of Wragge & Co update an earlier article on complex structure theory in the light of a court decision that provides further guidance on the theory as well as its application in tort.

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Concurrent delays – an expert’s view

Expert witness Roger Gibson of Gibson Consulting Ltd gives his view of a potentially landmark case in the Scottish courts that involved analysis of concurrent delay.

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