Monday21 August 2017

Contracts and procurement


Stories with this category.

  • Contracts: Beware the short cut

    10 Dec 13

    Many subcontracts try to incorporate main contract terms with a simple phrase or two. But such quick fixes can easily come unstuck - what you really need is certainty

  • Chinks in the NEC armour

    3 December 2010

    The NEC contract has been notable by its absence in disputes that end up in court. But recently there have been several judgments that point up some weaknesses

  • A decade on from PPC2000: Carry on partnering

    15 October 2010

    A decade after it was written, a review of PPC2000 shows that it really does pay to partner, no matter how chilly the economic weather is becoming

  • City Inn: How to avoid unexpected delay disputes

    8 Oct 10

    Extensions of time in cases of concurrent delays are tricky, the key is how you draft your contract…

  • Advising traditional procurement: Have I really been negligent?

    08 October 2010

    Solicitors can explain legal issues and draft and negotiate contracts relating to procurement, but they don’t choose which route to take - that is the client’s decision

  • Bad form: RIBA standard form

    08 October 2010

    The RIBA’s standard conditions contain a few things for clients to worry about, the main one being that they have to pay their architect even if they forget to put a door in

  • Change of control clauses: Keep a grip with sharp clause

    01 October 2010

    What happens if the company you’re happily in contract with gets bought by another outfit? Well, that depends on the small print in your contract…

  • Getting to know all about you: ICE vs NEC3

    17 September 2010

    Some contractors are upset that their old friend ICE conditions of contract has been dumped. But once they get to know the NEC, they’ll have their new buddy on speed dial

  • You’ve been warned: the dangers of advising traditional procurement

    17 September 2010

    Traditional procurement methods are so needlessly wasteful that a consultant or solicitor who advises a client to adopt them may be guilty of negligence

  • To the letter

    03 September 2010

    Giving notice need to ensure they comply precisely with contract requirements in extension of time or loss and expense clauses

  • In absentia: Jean Shaw vs James Scott Builders

    27 August 2010

    This case is all about missing persons, missing contracts, missing drawings and missing deadlines. So no surprise when eventually it all turned around a missing email

  • PFI can’t take sting out of cuts

    13 August 2010

    Public sector clients tempted to reintroduce cancelled projects as variations to existing PFIs may be breaking the rules

  • RIBA conditions of appointment: A return to a simpler time

    13 August 2010

    The RIBA’s latest conditions of appointment aren’t perfect, but they’ve swept away many of the onerous obligations in the 2007 edition

  • Get lost, Plato: City Inn vs Shepherd Construction

    06 August 2010

    The decision in City Inn vs Shepherd Construction is a victory for common sense over philosophical arguments about causation, says the lawyer who acted for Shepherd

  • PFI contracts: Chain of fools

    06 August 2010

    The temptation to pass risk down the supply chain until it ends up with a man and a van should be resisted. Here’s why

  • Collateral damage: Liability under collateral warranties

    23 July 2010

    Leaseholders or buyers of buildings should be able to pre-empt arguments from contractors to escape liability under collateral warranties

  • Schools out for tender

    23 July 2010

    It’s a new order for those involved in building schools after the coalition’s savage cutbacks. But the changes should bring opportunities for smaller contractors

  • Halting a project: Breaking up is hard to do

    02 July 2010

    With funding cuts looming over the industry, clients may want to stop projects at short notice. How can they protect themselves against subsequent damages claims?

  • The salami olympics: how to spot a fraudster

    28 May 2010

    The Olympics is going to be bounty time for fraudsters, who will be slicing away at the budget whenever they get the chance. Here’s how to spot them

  • A pain in the NEC

    30 April 2010

    Disputes on NEC projects are on the rise, so if you don’t want to find yourself in a bind, here are some points to be aware of when using this contract

  • Going nuclear: contracts for decommissioning work

    09 April 2010

    Everything you wanted to know about the nuclear decommissioning sector but were afraid to ask – explained to you in a three-part series starting with this overview

  • Third party pooper

    19 March 2010

    The Contract (Rights of Third Parties) Act empowers third parties to enforce contractual terms. Yet in the 10 years it’s been around, it has had hardly any effect

  • JCT for major projects: I Love you just the way you are

    18 September 2009

    The clear, efficient and comprehensive JCT Major Project Construction Contract is about as good a form as you’ll find. But don’t go trying to change it …

  • Getting there: Revision to JCT contracts

    11 September 2009

    The latest revision to the JCT contracts is a step in the right direction, but doesn’t go far enough to enforce the OGC’s Achieving Excellence in Construction aims

  • Repugnant behaviour

    11 September 2009

    A recent case has shown that the more serious a breach of contract, the less likely it is that a court will accept an exclusion of liability clause

  • All for one: The OGC's contract decision

    24 July 2009

    Tony Bingham claims the Office of Government Commerce was wrong to endorse the NEC3 contract over others, but in reality this is just the standardisation he was seeking

  • Thinking caps: Employer's agents

    29 May 2009

    When a QS acts as contract administrator, certifier, project manager and employer’s agent, it all ends up like a game of pass the hat. But some principles always apply

  • PPC2000 upgrade: Our new three piece suite

    17 October 2008

    The partnering forms known as PPC, SPC and TPC have just been upgraded to take advantage of lessons learned in the eight years since their launch. Here’s how

  • RICS consultancy form: A false friend

    26 September 2008

    The RICS’ forms for appointing consultants may be easy to use, but they have some distinctly hostile implications for those who sign them without amendment

  • EEC contract: Get with the programme

    05 September 2008

    With a continuing shortfall of project managers in the construction industry, making the ECC work at the Olympics will not be easy

  • Legal panels: The best panel game in town

    11 July 2008

    When the going gets tough, the tough get going. Obtaining better value for money from your law firm by setting up a panel is one way to ease the effects of the downturn

  • RICS consultancy form: On surprisingly good form

    13 June 2008

    The new crop of RICS standard contract are about to make quantity surveyors’ lives a lot easier

  • Exclusion clauses: A chink of light

    2008 Issue 18

    Are exclusion clauses enforceable? Hitherto, the courts have shed little light on the matter, but a recent Court of Appeal decision makes things much clearer

  • NEC: Smooth operator

    2008 Issue 17

    The Olympic Delivery Authority has chosen the NEC contract in the hope that it will keep the job moving efficiently. But it will only work if it’s well enough resourced

  • Collateral warranties: Lost and found

    2008 Issue 12

     The use of the word ‘costs’ instead of ‘losses’ in collateral warranties can cause much confusion as to what exactly is being referred to and who is liable for what

  • JCT Building Management contract

    2008 Issue 11

    The concept of the management contract has come in for a lot of flak from a lot of critics in the past but the new JCT model is certainly the best in class

  • Beware what you wish for

    2008 Issue 6

    An entire agreement clause proclaims that everything the parties have agreed is in the contract in front of them. But don’t forget that essential legal rule …

  • JCT consultation: A sustainable strategy

    2008 Issue 6

    We all agree that sustainability, like apple pie, is a good thing, but we’re not sure how we should tackle it. The big stick of legislation, some gentle guidance, or a mixture of the two?

  • JCT Framework Agreement: Umbrellas? Who needs ’em

    2008 Issue 6

    A framework agreement is like an umbrella that sits above a contractual dinghy in which the elements of the Egan partnership await their fate like good little girls and boys. Until, of course, it starts getting wet

  • IChemE international contracts: international A chemical solution

    2008 Issue 2

    Contract update — Cecily Davis guides us through the Institution of Chemical Engineers’ suite of contracts for international projects. Not only are they as clear and as simple as their domestic forms, but they also come in pretty colours

  • CIC's consultants agreement: You stand here and hold this

    2008 Issue 1

    The Construction Industry Council’s full agreement for appointing consultants has done the industry, and its clients, a great service by explaining just who is supposed to do what, when

  • JCT Framework Agreement: Same again? Try the 2007 vintage

    2008 Issue 1

    Many looked forward to the birth of the JCT Framework Agreement 2005 but were disappointed by the reality, says Hillary Cohen. The 2007 version is an altogether better bet

  • Not much agreement here …

    2007 issue 49

    Rachel Barnes Ian Yule was less than enthusiastic about the revised RIBA agreement for the appointment of an architect, claiming it was biased in favour of the profession. Well, guess what? Architects aren’t happy about it either …

  • Ann is in cloud-cuckoo-land

    2007 issue 48

     Ann Minogue wrote here that my criticism of Network Rail was unfair. But she is living in a fantasy world where there are still adversarial tools and penalties rather than teamworking and shared risk

  • That’s better – but not by much

    2007 issue 47

    The RIBA standard form has been revised and two particularly irksome clauses have been amended. But don’t go overboard. It is still biased in favour of architects. ‘Go bespoke’ seems to be the message

  • More DIY disasters

    2007 issue 44

    Show me a bespoke contract and I’ll show you a powerful client throwing its weight around. But having said that, are they better than standard fare? The short answer is ‘no’

  • Know who your friends are

    2007 issue 40

    Partnering is either about trust and transparency or it’s about two parties shafting each other. Rudi Klein offers a handy quiz that should help you find out which one you’re dealing with

  • Loitering with intent

    2007 issue 40

    Contractors might come under pressure to start work under a letter of intent while the proper contracts are being drawn up. But anyone that does is taking a big risk

  • ‘It’s like partnering with teeth’

    2006 issue 49

    BRIEF ENCOUNTER — A new form of project mediation was launched this week to nip problems in the bud. We brought together its inventors and industry experts to discuss the pros and cons

  • An offer you can't accept

    2006 issue 48

    Rudi Klein Main contractors are increasingly insisting that specialists use materials supplied by a specified manufacturer – which can put them in a difficult and dangerous position. Here’s why

  • Know your rights

    2006 issue 47

    ‘If it ain’t broke, why fix it?’ asked Jeff Brown of collateral warranties. But third-party rights are now used by many big developers as they reduce paperwork, time and money

  • A granny with a spliff

    2006 issue 46

    It’s radical. It’s brave. And, amazingly, it’s the brainchild of the JCT. Prepare to be shocked by Constructing Excellence, a partnering contract with a difference …

  • First, engage the brain

    2006 issue 46

    What do Olympic venues and nuclear decommissioning have in common? Both require contracts that force the project team to think through everything that is to happen – which makes them ideal for NEC3

  • A question of form

    2006 issue 43

    The RICS Contracts in Use Survey, published earlier this month, revealed some interesting and surprising trends – not least the increased take-up of the NEC form

  • Why third-party rights don’t work

    2006 issue 43

    STATE YOUR CASE — The JCT2005 contract caused a stir with its third-party rights schedule. But, says Jeff Brown, there are so many problems with it that collateral warranties remain as popular as they ever were

  • Mr Eggleston explains

    2006 issue 39

    For those clients, project managers and contractors still unsure how the changes in the NEC3 form affect them, this new book sets it out clearly

  • A twist in the tale

    2006 issue 29

    Here’s the story of a hot-shot construction lawyer, his fussy wife, a builder who was never there, a bizarre contract and a house in the country …

  • A little give and take

    2006 issue 28

    The CIC’s new contract is a workable compromise for consultants and clients. But like all compromises, it will inevitably have detractors on both sides

  • Sorry, its not a runner

    2006 issue 27

    The CIC says its consultants’ contract is aimed at experienced clients, but they’ll be the last to abandon bespoke forms for an agreement that includes an aggregate cap on liabilities

  • Greater expectations

    2006 issue 06

    Now we've started to use JCT2005, it's clear that contractors and contract administrators will have to handle extensions of time with more care

  • The subtle art of legal drafting

    2006 issue 05

    On the surface, the JCT 2005 extensions of time clauses appear unchanged, but a closer look at the new wording suggests they could prove quite tricky

  • Not bad, not biased and not barking

    2006 issue 01

    Depending on who you ask, the new NEC contract displays favouritism to contractors or employers. In fact, it is the lawyers who amend it who are causing the problems

  • Studying the form

    2005 issue 50

    This year the JCT caused quite a stir when it decided to revamp its entire suite of contracts (see Building, 24 June), but it’s the changes to the design contracts – Design and Build Contract and the Intermediate Contract with Design – that have created most interest.

  • Events, dear boy

    2005 issue 46

    New rules on compensation events in the third edition of the New Engineering Contract mean it is fraught with difficulties for the unwary employer

  • Suit yourself

    2005 issue 44

    The JCT has embraced the digital age with a service promising quick, clean documents that are precisely tailored to the job they cover

  • Spoilt for choice

    2005 issue 38

    At last we have a contract that caters for third-party rights, but this extra option in the new JCT design-and-build contract could pose a problem

  • My slip, your fall

    2005 issue 35

    The NEC Third Edition has been hailed as a friendly partnering contract, but one particular clause seems to tip the balance against contractors

  • Check it out

    2005 issue 25

    The revamped JCT suite of contracts has finally begun to arrive. So what’s changed, what’s stayed the same – and what do you have to look out for?

  • Fun, frolics and forms

    2005 issue 22

    The JCT has revamped and extended its range of standard contracts. If you can get past the swanky yellow covers, you’ll find all kinds of interesting changes inside

  • Worse than useless

    2005 issue 22

    The BPF’s consultancy agreement is a fine example of a one-sided contract that dumps extra work and unlimited risk on any consultant foolish enough to sign it

  • Clients and consultants go to war over project liability

    2005 issue 21

    Gulf between two has been exposed by publication of contract drawn up by the British Property Federation

  • You know it makes sense

    2005 issue 21

    The British Property Federation has produced one short, simple and fair consultancy agreement for every profession. What do you think its reception will be?

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