Prequal failing

Government policy on standardised pre qualification – PAS91 – which was launched in October 2010 with the prospect of saving the industry billions of pounds over ten years in unnecessary tendering costs, has been slammed for slow uptake by the public sector.

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Case size limits imposed on TCC

The London Technology and Construction Court (TCC) has ruled that only cases where at least £250,000 is in dispute can be started in or transferred to the court. Most disputes involving sums below that amount should now be taken to the county court.

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Early access to contracts promised

The Cabinet Office is to set up a pilot procurement scheme that will give small and medium sized companies (SMEs) early access to work packages ahead of contracts going out to tender.

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Big guns trained on big cases

Help! We are short of judges in the Technology and Construction Court (TCC). There are only four of them in London and they are dealing with nearly double the number of claims that twice as many judges used to handle seven years ago. The judges have responded by kicking a raft of cases of small value out of the High Court to be dealt with by the county court (see News).

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Planned early negotiation processes

Tia Starey of Clyde & Co explains a new feature on the alternative dispute resolution landscape that has been growing in popularity in the United States. PEN processes have the potential to displace the use of the expensive Pre-Action Protocol, she argues.

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Whose employee?

Insurance expert John D Wright of JD Risk Associates reviews employers’ liability insurance cover and explains the view taken by the courts on whether someone is employed by a hirer or the company doing the hiring.

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What happens next?

Contractor insolvency could remain a major problem for some time. Nick Warrington of Gateley advises employers what to do next, and what not to do, in the event of a contractor going under.

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Scottish courts back speedy arbitration

Shona Frame of MacRoberts reports on the first court case under the new Scottish Arbitration Act which represents a fundamental shift in Scottish arbitration law. A new emphasis on flexibility of the procedure, and allowing the dispute to be dealt with expeditiously and economically, is welcomed.

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Courts back ‘rough and ready’ view

Mark Lloyd-Williams and Michael Mendelblat of Herbert Smith examine the implications for adjudication of a dispute which has reached the Court of Appeal. The ruling should discourage ‘forum shopping’ and provides guidance on how allegations of bias will be regarded. 

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Procurement for growth and savings

Government procurement strategy is undergoing a thorough overhaul, partly through a Procurement/ Lean Client Task Group charged with putting strategic objectives of the wider construction strategy into effect. David Mosey of Trowers & Hamlins reports on changes, that have since been announced, following a pre-publication briefing from the Task Group.

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