Rumblings in the procurement jungle

Something must be bad in the world of public sector procurement when politicians are waking up to the fact that something needs to be done about it. Much has been said – and even more observed – about the poor management skills that seem to underpin much of the public sector’s procurement management, but little seems to get done, so any signs of activity among politicians are to be welcomed.

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New route for highways

The Highways Agency became a government owned Strategic Highways Company called Highways England from 1 April, with a new post of Highways Monitor created within the Office of Rail Regulation to oversee its operation.

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Mediation undermined in Spain

In our latest alternative dispute resolution series article Russell Banfi of Clyde & Co finds the use of mediation growing in Spain; but with key differences in attitudes to the UK.

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Regime change for payment notices

Robin Wood and Ann Levin of Herbert Smith Freehills examine one of the first reported cases under the new statutory payment regime that amended the Construction Act, which has important lessons concerning the payment notices regime.

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Payments on account in respect of disputed sums

Kathryn Coyne and James Pickavance of Eversheds discuss the practice of paying moneys on account in respect of disputed items, the risks of doing it and how to try and ensure the risks are minimised.

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Constructing policy wordings

Insurance case law is littered with issues of interpretation of policy wordings, says insurance expert John D Wright of JD Risk Associates. But ambiguity in words used by insurers will be construed against them.

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Managing risk in renewables

Tom Pemberton of Beale & Company analyses procurement in the burgeoning renewable energy market, warning that recent case law highlights why contracts have to allocate risk appropriately.

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Adjudication decision writing guidelines

What exactly constitutes an adjudication decision and what matters does it need to cover? Ashley Pigott of Wragge Lawrence Graham & Co provided some answers in this article based on his recent presentation to the TeCSA adjudicators’ conference.

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Adjudication in 2014 – review of the year

Lawrence Davies and Louise Schubert of Pinsent Masons review some of the key adjudication cases from 2014, starting with a surprising decision on the meaning of ‘construction contract’ and ending with two important decisions concerning payment notices.

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Contract complexity should be no surprise

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Management Building Contract, where incorporating mediation has posed a problem. Finding better wording though would not be easy.

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