All Contracts and procurement articles – Page 3
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CommentYou’ve been warned: the dangers of advising traditional procurement
Traditional procurement methods are so needlessly wasteful that a consultant or solicitor who advises a client to adopt them may be guilty of negligence
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Comment
To the letter
Giving notice need to ensure they comply precisely with contract requirements in extension of time or loss and expense clauses
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CommentIn absentia: Jean Shaw vs James Scott Builders
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
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CommentRIBA conditions of appointment: A return to a simpler time
The RIBA’s latest conditions of appointment aren’t perfect, but they’ve swept away many of the onerous obligations in the 2007 edition
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CommentPFI can’t take sting out of cuts
Public sector clients tempted to reintroduce cancelled projects as variations to existing PFIs may be breaking the rules
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CommentPFI contracts: Chain of fools
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
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CommentGet lost, Plato: City Inn vs Shepherd Construction
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
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CommentCollateral damage: Liability under collateral warranties
Leaseholders or buyers of buildings should be able to pre-empt arguments from contractors to escape liability under collateral warranties
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Comment
Schools out for tender
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
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Halting a project: Breaking up is hard to do
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?
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CommentThe salami olympics: how to spot a fraudster
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
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CommentA pain in the NEC
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
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Comment
Going nuclear: contracts for decommissioning work
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
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Comment
Third party pooper
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
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CommentJCT for major projects: I Love you just the way you are
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 …
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CommentRepugnant behaviour
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
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Getting there: Revision to JCT contracts
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
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CommentAll for one: The OGC's contract decision
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
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CommentThinking caps: Employer's agents
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
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CommentPPC2000 upgrade: Our new three piece suite
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