NEC – filling the gap

The market still awaits news of an alliancing contract to augment the NEC suite, but Tom Pemberton of Beale and Company finds useful changes in the interim to the newly revised suite, NEC3. Although the revision is a consolidation rather than a complete overhaul, care needs to be taken to fully understand the new features.

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Need to name individuals

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, concludes his review of the JCT Practice Note Tendering 2012, and cautions against the ease with which damaging mistakes can creep into documentation with sometimes disastrous results.

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Reports from the courts: August 2013

In our regular round up of court decisions Andrew Croft and Will Buckby of Beale and Company report on a rare example of a partnering agreement coming under court scrutiny; and on a ruling that might encourage claimants to leave starting adjudications until the last possible moment.

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State of play table 184

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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Construction Products Regulations 2013

By implementation of the EU Construction Products Regulation 2011 (Regulation (EU) No 305/2011), the similarly-named Construction Products Regulations 2013, SI 2013/1387 come into force on 1 July 2013 and make, most obviously, sweeping changes as to the use of CE marking on construction products on the market in the UK.

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Globalising construction legal services

Construction is increasingly international and key players in the provision of legal services to the industry are realigning to reflect that. Guest editor Robert Bundell explains the drivers behind the creation of globally focussed Holman Fenwick Willan from its niche UK construction roots.

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Legal terms explained: Set-off

Set-off is a mechanism that allows a debtor to make a cross claim against a creditor to reduce or extinguish the creditor’s claim. It is commonly used in construction disputes. There are a number of different ways in which set-off can apply.

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News in brief: August 2013

Fatal injuries in construction have fallen according to Health and Safety Executive figures that show 39 fatal injuries in the year to March 2013, compared to 48 the year before.

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Code to cut costs

Avoluntary code of conduct for public sector bodies and private sector partners in private finance schemes has been launched by the government, which is intended to bring down the cost of existing private finance deals on projects such as schools and hospitals.

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Efficiency drive pays off

Increased scrutiny of the performance of suppliers is promised by the Treasury and the results could be shared with other clients, according to the government’s second annual report on its three year Infrastructure Cost Review programme.

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