News in Brief: August 2012

Amec has been fined £300,000 with £333,866 costs at Liverpool Crown Court for health and safety breaches relating to the 2004 death of a worker, Christopher Heaton, who was dragged from a scaffolding platform after becoming entangled in a chain attached to a falling steel block.

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Trying to pin down excellence

One of the most overworked words in construction marketing literature and branding exercises over the past 20 years has been ‘excellence’. Engineers have always cringed at its use; they, and others, instinctively recognise that what isn’t even defined can’t possibly be measured.

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Performance bonds – beware!

Guest editor Kim Teichmann of Thomas Eggar reviews a case that underlines the need to procure contract documents such as bonds, guarantees, consents and drawings if liability due to breach of contract or negligence is to be avoided.

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Reports from the courts

In our latest round up of the court decisions of most interest to construction Andrew Croft and Will Buckby of Beale and Company focus on a case that could cause a rise in jurisdictional challenges to adjudicators’ decisions; and one that shines light on ‘good faith’ obligations in contracts.

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Beware of imitations

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT’s Named Specialist Update, warning that confusion between the terms Named Sub-Contractor and Named Specialist can be expected.

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Liability can rest on probable cause

Michael Mendelblat and Ann Levin of Herbert Smith consider the implications of a recent case that turned on the claimant’s ability to prove the cause of a fire. Cause can be decided on the balance of probabilities.

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Courts main drivers on public procurement

The European Commission is consulting on a new Public Procurement Directive and key changes are expected, warn Christopher Pedder and Angela Fletcher of Trowers & Hamlins in this review of how the Public Contracts Regulations have developed over the past six years.

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Contracts getting ready for BIM

The government is throwing its weight behind Building Information Modelling (BIM) and contract drafters have responded with appropriate new clauses. Shona Frame of MacRoberts analyses the changes being made to become ‘BIM ready’.

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Consider your exit strategy

Devising a sound contract exit strategy is a wise precaution that should be considered at early stages of contract negotiation, advises Akin Akinbode of SNR Denton in this review of the issues that commonly arise at termination.

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Force majeure − the devil is in the detail

Ruth Wilkinson of Dundas & Wilson analyses what force majeure is, and the circumstances in which can it be relied upon in construction contracts. The courts take a narrow view of what a force majeure event is, she explains.

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