Andrew Hemsley Freelance
Building
Stories by this contributor.
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Notes for newbies
2006 issue 13
Contract administration used to be architects' work but these days, many professions can bid for the job. Here's what the new kids need to know
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Easy money
2005 issue 49
Loopholes in the NEC’s target contract mean contractors can use their old tricks to make a profit rather than taking a share of any project savings …
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Own goal in extra time
2005 issue 37
Rather like referees, contract administrators aren’t infallible. So what can you do if one of them wrongly awards your contractor an extension of time?
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Let’s go shopping
2005 issue 17
The ‘Tesco law’ reforms would enable construction consultancies to become one-stop-shops, offering their clients legal advice. But will they do it?
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Furtive behaviour
2005 issue 09
Before you sign a home-cooked contract, ask yourself why your client-to-be felt the need to do it himself, when there are so many standard forms out there
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Problem, solved
2004 issue 42
Andrew Hemsley - Wrong contract rates are a classic construction conundrum, to which the courts have provided a beautifully simple answer. So everyone should learn it
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Protocol’s progress
2004 issue 32
The Society of Construction Law’s rules for handling delay can now be incorporated into your contract – with dramatic consequences for the programme
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The NEC: A user's guide
2004 issue 08
Changing a partnering contract isn't like changing a brand of cereal – but the contract writers could take a lesson in clear English from the back of the packet
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A guide for the perplexed
2003 issue 24
The PPC2000 partnering contract's multi-party approach leaves some users scratching their heads. But now there's a new document hoping to clear it all up
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This is a hold-up
2003 issue 19
Making a claim for losses caused by disruption can be tricky if you can't prove how much the disruption cost you. So how do you go about doing that?
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The tao of GC/Works 1
2003 issue 11
The GC/Works 1 contract has had an overhaul, and is probably now the best in the business, but projects only work when oneness is achieved …
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Get one thing straight
2003 issue 03
A common source of grief for employers is the failure to recognise that a contractor's submission is a 'request for payment'. How can you stop it happening?
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A hit or miss affair
2002 issue 43
PFI contracts often include incentives and penalties to ensure good performance on services. But if they are not well targeted, they'll miss the point
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Self-inflicted injuries
2002 issue 36
Two stories about contractors who got themselves into deep trouble because they failed to take some simple precautions before signing on the line
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Don't forget to write
2002 issue 27
Whether or not you get a fair deal in a dispute will ultimately come down to the strength of your case – and whether you have the records to prove it
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Prepare for the high jump
2002 issue 18
Faced with hefty insurance premium hikes, it's tempting to increase the excess you pay or reduce cover. Don't do it – there are other ways over this hurdle
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Beyond these shores
2002 issue 09
If you're carrying out a construction project abroad, you need to be aware of the potential pitfalls. Start by finding out which country's law applies
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The last battle
2002 issue 05
A final account statement may seem like a once-and-for-all agreement – but it is not. Get into a dispute and you may find the contract gives it no weight at all
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Contract working
2001 issue 46
Contracts are the lifeblood of client/contractor relationships. But to make the new types of deal work effectively, both parties have to buy into the philosophy
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Something rotten …
2001 issue 40
Not sure what the payment arrangements of the Construction Act are? You're not alone. They're confusing, that's what, and it's time for reform
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Cleverness isn't enough
2001 issue 27
Contracts may have become more sophisticated in the way they handle dispute resolution, but there's a basic problem they can't address. Only you can
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All of a flutter
2001 issue 23
Despite the increasing popularity of adjudication, it still has some problems. Indeed, in some ways it is little better than a trip to the bookies
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Man of the match
2001 issue 18
Andrew Hemsley - Whatever you may think of it, clients are using PPC2000, which makes the role of partnering adviser crucial to a project's success
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A declaration of war
2001 issue 11
Andrew Hemsley - There might be a faint whiff of partnering about Defence Estates' prime contract, but don't be deceived – it's almost deliberately adversarial
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Tending towards safety
2001 issue 05
Despite the CDM regulations, site accidents are on the increase. Beyond CDM, there are several practical steps that can be taken at tender stage to instil a culture of safety on site.
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To honour and obey
2000 issue 49
Contractors in a partnering relationship may be obliged to act strictly in the client's interest – with scrupulous honesty and openness – or face the penalties
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Best of both worlds
2000 issue 43
The benefits of a hybrid procurement route on major projects can be lost by the failure to agree a contract sum. All that is needed is a proper strategy on risk
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Do prime numbers add up?
2000 Issue 37
Prime contracts promise much for contractors: better margins for a longer period, repeat work with a reliable client – and a significant increase in liability. Here’s why.
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Certifiable consultants
2000 Issue 29
If you get the job of independent certifier on a PFI project (and the liabilities can be scary enough to put consultants off) how much checking do you actually have to do?
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Holes in the net
2000 Issue 26
Insurers want to exclude e-business transactions from surveyors’ insurance. But firms are taking all the necessary precautions with their electronic output, aren’t they?
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Gatecrashing parties
2000 Issue 16
New legislation giving rights to third parties is a bona fide grey area, and contracts will have to exclude it until the courts can set out some case law. It is also a wonderful opportunity …
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How to lose before you start
2000 Issue 10
The Construction Act's payment rules have been overshadowed by adjudication. However, in tandem, they give contractors a super way to pole-axe an unwary client.
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An offer you can refuse?
1999 Issue 49
When does an offer constitute a contract and when is it merely an invitation to treat? With e-commerce pricing errors increasing, it is as well to prepare to withdraw or amend.
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Law in the electronic age
1999 Issue 38
Electronic data management is the future for construction consultants. It's just terrific. The problem is that the legal and commercial framework doesn't support it – yet.
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Green carrots, please
1999 Issue 26
First person Tax breaks on green construction would encourage developers and provide a new revenue stream for QSs.
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What’s your motivation?
1999 Issue 24
The perennial problem of how to motivate contractors to perform as well as they can has a new solution – key performance indicators.
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Fee enterprise
1999 Issue 19
The JCT’s draft consultants agreement is intended to reduce conflict in the industry. In fact, it may do the opposite.
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Joining forces
1999 Issue 15
First person The deal between QS Currie & Brown and Ernst & Young has revived the debate about alliances with accountants.
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Loose change
1999 Issue 07
First person Construction is embracing change. So why is one industry body opposing a move to streamline the building process?
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Cooking with Mace
1999 Issue 02
Can you make a profit from guaranteeing a maximum price? Despite Laing's Cardiff nightmare, Mace's new move suggests you can.
