Appeals may delay £750 million framework

The government’s long delayed £750 million Project Management and Full Design Team Services Framework looks in danger of further delay as losing consultants mount legal challenges to the procurement process.

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Blacklisting ‘super case’ to be heard

The High Court has granted a Group Litigation Order (GLO) which means that it will hear a single blacklisting ‘super case’ rolling a number of separate cases into one.

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Late payments inquiry launched

Public spending watchdog the National Audit Office (NAO) has launched an inquiry into late payments to main contractors and sub-contractors on government contracts.

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News in brief: August 2014

Project Bank Accounts (PBAs) have now been rolled out across government construction contracts worth over £5 billion, well in excess of the target of £4 billion by the end of the current financial year.

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Legal terms explained: After the event and before the event insurance

An unsuccessful party to litigation will normally be required to pay a proportion of the winner’s costs as well as bearing their own. Consideration should therefore be given to whether a party holds any existing insurance for legal costs (known as ‘before the event insurance’).

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Soft landings – will we be ready?

Guest editor Shona Frame of MacRoberts looks at the proposed Government Soft Landings which is proceeding hand in hand with Building Information Modelling. New contracts will be needed but as yet there is little sign of any contractual documentation being put in place.

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The Infrastructure Bill 2014

The Infrastructure Bill, to be introduced in the 2014–15 Parliamentary session, is wide ranging in scope and those involved in projects and construction will feel its impact in numerous ways.

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State of play table 192

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: August 2014

In our regular round up of court decisions of most interest to construction Will Buckby and Andrew Croft of Beale & Company report on a rare example of a partnering agreement being examined in court; and on a Scottish court ruling on enforcing an adjudicator’s decision.

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Suspension rights little changed

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, scrutinises the Pay Less Notices of the JCT’s Management Building Contract 2011. Protections against abuses such as delaying payment to the Contractor on the pretext that a certificate has not been issued have been strengthened.

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