James slams procurement

Public sector procurement practices for capital investment have been heavily criticized in the long awaited James Review of investment in schools.

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OFT considers appeals

The Office of Fair Trading was expected to launch appeals against at least some of the Competition Appeal Tribunal rulings that have reduced or wiped out cover pricing fines, as CL went to press.

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Injunction could stop abuse

A Technology and Construction Court ruling has highlighted the ability of the referring party to an adjudication to secure an adjudicator that it likes by withholding the serving referral documentation repeatedly until the adjudication lapses.

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James highlights flaws

Nobody involved in construction procurement expected anything other than a heavily critical report from the James Review on education capital investment (see News).

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A measure of success

In the latest in our alternative dispute resolution series Ed Freeman of Clyde & Co looks at the thorny issue of conditional fees in adjudication in the light of a recent case.

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Professional indemnity – pitfalls for the unwary

Insurance expert John D Wright of JD Risk Consultants highlights the plethora of exclusions that are commonly found in professional indemnity policies. Get professional advice on the implications, he urges.

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The scope of a consultant’s duty of care

Case law concerning the scope of a consultant’s duty of care and the use of expert evidence from parties that are no longer part of proceedings is examined by James Doe of Herbert Smith. Beware of consultants being able to escape liability for giving incorrect advice, he warns.

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Win the war, but don’t lose the battle

James Pratt of Pinsent Masons surveys the landscape of letters of intent and the ‘battle of the forms’. Three recent cases provide support for the view that the courts will find a contract where the facts allow.

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The Scheme for Construction Contracts

Fiona Rossetter of Dundas & Wilson examines why the changes to the Construction Act, due to come into force in October, are thought necessary, focusing on the proposed payment provisions changes.

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Part 36 – Where are we now?

Consultation by the Ministry of Justice has now ended on whether a controversial decision relating to Part 36 offers needs to be reversed. David Lloyd Jones of Gateley Wareing examines the debate.

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