Using your initiative or frolicking

Guest editor William Cursham of Gateley says that adjudicators must be cautious when exercising their initiative, particularly on substantive points, as a recent flurry of cases leaves the situation uncertain.

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Legal terms explained: What is legal privilege?

Legal privilege is an essential component of the English legal system, ensuring that lawyers and clients can communicate freely, knowing that their interaction will not be admissible in legal proceedings.

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News in brief: March 2012

The Highways Agency has launched trials of Project Bank Accounts on the M4/M5 managed motorways scheme (Bristol) and the M62 J25 to J28 managed motorway scheme (North Yorkshire), both of which are now under construction. Over the next three years, the Agency says it will use the new approach on over 20 construction and maintenance schemes, with a total value of over £2.5 billion.

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JCT updates contract

JCT has amended its Standard Building Contract from 2 February to allow employers to ‘name’ specialists. Th e optional provisions enable employers to name individual specialists as domestic sub-contractors for identified parts of the works by appropriate entry in the contract particulars.

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Civil servants to lead projects

A shake up in public sector use of consultants on construction and other projects has been promised by the Major Projects Authority (MPA) at the launch of a new scheme to train senior civil servants in leading major project delivery.

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New procurement methods trialled

The Cabinet Office has selected seven construction projects and programmes as test cases for trialling three new public sector procurement methods.

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Civil servants to displace consultants

We never seem to be very far away from a promised procurement shake up in central government, and no sooner is one initiative announced than it seems another is upon us. Against that busy background, however, recent weeks have seen an unusually high level of activity.

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A rare sighting

In the latest of our alternative dispute resolution series Paul Morgan of Clyde & Co reports on a rare insight into the workings of arbitration provided by an unusual court case.

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What is an indemnity?

The concept of indemnity underlies property insurance policies and should be straightforward but often is not, as John D Wright of JD Risk Associates explains.

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Procurement strategies – a realistic review

There is a wide and still growing range of procurement methods in common use by the construction industry and its clients, says Professor Peter Hibberd of the Joint Contracts Tribunal. In this review he warns that the government’s Construction Strategy may have unexpected impacts.

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