Alliancing – it’s all for one and one for all

Will Buckby and Andrew Croft of Beale and Company review the operation of alliancing type procurement which major industry clients like Thames Water and Network Rail are increasingly adopting.

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New roads to private finance

Chris Hallam of Pinsent Masons looks at developments arising from the Chancellor of the Exchequer’s Autumn Statement and how this may impact on the procurement of new infrastructure projects in the UK.

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Being certain it’s certain enough

Barristers James Leabetter and Matthew Thorne of 4 Pump Court examine recent cases that highlight the need for taking great care in drafting conciliation and mediation clauses.

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Keep tender lists sensible

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, scrutinises the Preliminary Enquiry section of the JCT’s tendering practice note. Employers should not invite too many tenderers or place a start-by date on works, he warns.

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Reports from the courts: April 2013

Our latest round up of the court cases of most interest to construction comes from Will Buckby and Andrew Croft of Beale and Company who focus on an appeal court ruling that confirms the dangers of agreeing an absolute obligation to complete a project by a specific date; and a case that underlines uncertainties that may arise under NEC3.

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State of play table 180

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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Display Energy Certificates

Display Energy Certificates (DEC) show the energy performance of a building based on actual energy usage. The current legislation requires that buildings over 1,000m² occupied by the public sector prominently display a DEC.

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Infrastructure routemap: go with the flow(chart)

Guest editor Ian Stubbs of Pinsent Masons examines the government’s draft procurement routemap to try and see where we are going with infrastructure delivery. The key role of the contract has been bypassed, he argues.

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Legal terms explained: Insolvency

Insolvency has become an increasingly important issue in the construction industry as a consequence of the recession. A company is deemed to be insolvent when it satisfies one of the two tests under s 123 of the Insolvency Act 1986 (IA86). Section 123(1) of IA86, known as the ‘cash flow’ test, is met if a statutory demand for over £750.00, judgment or court order is unsatisfied or the court comes to the conclusion that the company is ‘unable to pay its debts as they fall due’.

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News in brief: April 2013

Retailer John Lewis, which also owns the Waitrose chain, is reported to be considering writing clauses into its construction contracts that would allow it to pay the supply chain directly if main contractors are not paying quickly enough. Other clients are expected to follow this lead if it is successful.

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