Insurance policies not fit for purpose?

Fitness for purpose warranties often do not provide the cover that parties imagine they do, warns Peter Stockill of Berrymans Lace Mawer in this review of the relevant features common to most insurance policies.

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FIDIC provision might be no alternative

For disputes under a main contract and back-to-back sub-contract to be heard in a single arbitration, the parties still need to be party to the same arbitration agreement after the new ICC 2012 Rules. Estelle Katsimani and Michael Mendelblat of Herbert Smith ask if a new provision in FIDIC’s subcontract offers any relief.

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The concept of time at large

The issue of time at large usually arises when an employer’s own actions prevent completion dates being achieved. Andrew Batty of Pinsent Masons spells out the implications for both employers and contractors.

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Public procurement challenges

Lindy Patterson QC of Dundas & Wilson examines how relatively recently introduced procedures for challenging public procurement processes are working. Challenges are becoming more frequent and even tenders which are under the EC threshold contract value are not immune.

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Project Bank Accounts

Project Bank Accounts are playing a key role in the government’s overhaul of construction procurement. Christopher Pedder of Pinsent Masons analyses the likely impact of their use. 

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Name that specialist

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, casts his eye over the JCT’s new Named Specialist Update. Care needs to be taken with pre-printed forms relating to extensions of time or chaos will reign, he warns.

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Reports from the courts: May 2012

Our regular round up of the court decisions of most interest to construction from Will Buckby and Andrew Croft of Beale and Company includes a county court ruling on the difference between arranging for something to happen and ensuring that it does; and a London TCC decision not to deal with small value disputes.

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State of play table 170

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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SMEs and the new EU procurement directive

On 20 December 2011 the EU Commission (the Commission) published proposals for a revised EU procurement directive (the Directive) designed to simplify and improve the procurement process amongst EU member states.

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ECI and BIM – are they related?

Guest editor David Mosey of Trowers & Hamlins says early contractor involvement and Building Information Modelling are coming together in government thinking on reforming construction procurement. Standard form contracts have yet to wake up to the implications.

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