News in brief: May 2012

Contractor Costain has been fined £250,000 and ordered to pay £45,000 costs after pleading guilty to Health and Safety at Work etc Act 1974 breaches after a surveyor was killed by a reversing lorry during work to widen the M25 near Dartford.

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Architects shun council work

Architects are abandoning bidding for public sector contracts because the procurement process has become too complex, according to a study to be released shortly by the Royal Institute of British Architects (RIBA).

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Major project planning changes

The government is consulting on changes to six guidance documents relating to the planning regime for major infrastructure projects.

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Crane register to be dropped

The Health and Safety Executive (HSE) is consulting on a proposed ‘culling’ of safety rules, including the proposed axing of the tower crane register.

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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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