Legal terms explained: Implied terms

When a contract does not contain a term which a party needs to effectively manage the contract, they often turn to implied terms. Such terms can also derive from statute where legislation provides for terms to be implied into contracts even if not expressly set out in them.

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Comment: Procurement off the rails

A full report of an independent inquiry into the InterCity West Coast (ICWC) franchise fiasco was to be published shortly after we went to press, but even a cursory read of the interim report from the inquiry led by Centrica chief executive Sam Laidlaw reveals that the scale of the public sector’s procurement problems is vast.

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BIM savings may cover costs

The Ministry of Justice (MoJ) says savings of £800,000 are being achieved on a Building Information Modelling (BIM) trial project, one of four trials announced earlier this year.

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New form for schools

The Education Department (DoE) has issued a draft Standard Form Project Agreement for use on its Priority School Building Programme (PSBP), introducing the prospect of equity gain share on the privately financed element of the programme.

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Safety fines rising

Health and Safety Executive (HSE) statistics show that construction remains the most dangerous industry to work in with 49 fatal accidents in the year to March 2012.

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News in brief: December 2012

Construction Minister Michael Fallon has warned main contractors that they will be ‘named and shamed’ if they do not sign up to the government’s Prompt Payment Code.

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Legal terms explained: Misrepresentation

In simple terms, misrepresentation occurs when the defendant fraudulently, negligently or innocently makes inaccurate representations to the claimant, upon which the claimant relies to its detriment.

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Is BIM winning hearts and minds?

Guest editor Michael Conroy Harris of Eversheds takes a lawyer’s look at the current vogue for Building Information Modelling. Although there has been no litigation surrounding it in the UK so far, cases are likely to depend heavily on expert evidence, he suggests.

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The UK Green Investment Bank

On 17 October 2012, the European Commission announced that it approved the public funding of £3 billion granted by the UK for the creation of the world’s first Green Investment Bank (GIB) under art 107(3)(c) of the Treaty on the Functioning of the European Union (TFEU).

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State of play table 176

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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