State of play table 169

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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A new year, a new consultation on Building Regulations

The Minister with responsibility for Building Regulations, Andrew Stunell, recently announced the launch of the 2012 consultation on proposed changes to the Building Regulations. This follows on from the 2010 consultation on ways to improve the Building Regulations.

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Is BIM the way forward?

Guest editor Shona Frame of MacRoberts examines some legal issues thrown up by the government led push towards the use of Building Information Modelling. It is not a panacea and has already given rise to disputes in the United States.

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Legal terms explained: The basics of global claims

Global claims are commonly regarded as very difficult, if not impossible, claims to put forward. It is therefore important to understand what are such claims and how they can be presented.

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News in brief: April 2012

A prize fund of up to £10,000 is available in the Joint Contracts Tribunal (JCT) Essay Competition, which is open to students on any construction related study programme.

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Prequal failing

Government policy on standardised pre qualification – PAS91 – which was launched in October 2010 with the prospect of saving the industry billions of pounds over ten years in unnecessary tendering costs, has been slammed for slow uptake by the public sector.

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Case size limits imposed on TCC

The London Technology and Construction Court (TCC) has ruled that only cases where at least £250,000 is in dispute can be started in or transferred to the court. Most disputes involving sums below that amount should now be taken to the county court.

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Early access to contracts promised

The Cabinet Office is to set up a pilot procurement scheme that will give small and medium sized companies (SMEs) early access to work packages ahead of contracts going out to tender.

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Big guns trained on big cases

Help! We are short of judges in the Technology and Construction Court (TCC). There are only four of them in London and they are dealing with nearly double the number of claims that twice as many judges used to handle seven years ago. The judges have responded by kicking a raft of cases of small value out of the High Court to be dealt with by the county court (see News).

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Planned early negotiation processes

Tia Starey of Clyde & Co explains a new feature on the alternative dispute resolution landscape that has been growing in popularity in the United States. PEN processes have the potential to displace the use of the expensive Pre-Action Protocol, she argues.

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