All Contracts and procurement articles – Page 5
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Comment‘It’s like partnering with teeth’
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
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CommentAn offer you can't accept
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
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CommentKnow your rights
‘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
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CommentA granny with a spliff
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 …
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First, engage the brain
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
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A question of form
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
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Why third-party rights don’t work
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
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CommentMr Eggleston explains
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
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CommentA twist in the tale
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 …
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CommentA little give and take
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
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CommentSorry, its not a runner
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
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CommentGreater expectations
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
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The subtle art of legal drafting
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
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Not bad, not biased and not barking
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
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Studying the form
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.
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CommentEvents, dear boy
New rules on compensation events in the third edition of the New Engineering Contract mean it is fraught with difficulties for the unwary employer
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CommentSuit yourself
The JCT has embraced the digital age with a service promising quick, clean documents that are precisely tailored to the job they cover
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Spoilt for choice
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
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CommentMy slip, your fall
The NEC Third Edition has been hailed as a friendly partnering contract, but one particular clause seems to tip the balance against contractors
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CommentCheck it out
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?