Time to move on PFI

Some hopes may have been pinned on a road building led economic recovery getting under way this year, particularly after the Chancellor and the Prime Minister made such encouraging noises around the time of the Budget and as far back as the publication of the National Infrastructure Plan (NIP) in 2010.

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Misrepresentation minefield

In the latest in our alternative dispute resolution series from Clyde & Co, Paul Morgan and Tristan Thompson warn of the dangers of misrepresentations made by mediators following a case involving a painting.

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Pay attention to pay less notices

Kim Teichmann of Thomas Eggar warns parties to contracts to get on top of the payment provisions or else legislative changes might catch them out. The pay less notice could be a crucial tool, she explains.

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Market practice reflected in new insurance clauses

Insurance expert John D Wright of JD Risk Associates analyses the implications of changes to the insurance clauses in the Joint Contract Tribunal’s 2011 suite of contracts.

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NEC 3 and Option X12

Is true partnering possible under the NEC using the Option X12 bolt on? Vijay Bange of Trowers & Hamlins says no, because it does not allow early contractor involvement and not all project partners would have a legally binding relationship.

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Bonds in action

Recession has produced an increase in the number of disputes centred on bonds reaching the courts. Fiona Rossetter of Dundas & Wilson analyses the implications of recent key court decisions.

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Progress cannot be implied

Recent case law might have buried once and for all the notion that a requirement to proceed regularly and diligently is implied in construction contracts, say Ruth van Dreumel and Andrew Outram of Wragge & Co.

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Adjudicators’ decisions and natural justice

The courts have made several important rulings recently, raising issues about how adjudicators can go about making their decisions. Gurbinder Grewal of SNR Denton reviews these cases and some earlier decisions concerning natural justice.

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User-centred contracts needed

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the JCT’s Standard Building Contract with Quantities 2011. Some changes are not quite what the document’s layout make them seem, he warns.

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Reports from the courts: April 2012

Our regular round up of the court decisions of most interest to construction, from Will Buckby and Andrew Croft of Beale and Company, includes one providing advice to adjudicators on avoiding accusations of apparent bias and one where a lawyer was sued by its client.

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