Published 1 November 2018

John Doherty

Construction Contracts after MT Højgaard

John Doherty details the lessons which can be learned from last year’s ruling in the MT Højgaard AS v E.ON Climate and Renewables UK Robin
Rigg East Ltd case.

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Published 25 September 2018

James Sargeant

Modern Slavery: Is construction chained to unfair contracts?

James Sargeant, in light of construction being named the second largest sector prone to labour exploitation, discusses how unfair contracts contribute to the issue of modern slavery.

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Published 15th August 2018

Claire Graydon

The Word on Procurement

Claire Gradon considers how the recent judgements in the Word Perfect Translation Services Ltd v Minister for Public Expenditure and Reform cases need be carefully considered by contracting authorities and tenderers alike.

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Published 26 June 2018

Stephen McKenna

Why there is no need to fear adjudication

Is Adjudication a dirty word? Stephen McKenna analyses why contractors are reluctant to use adjudication to resolve disputes.

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Published 19 June 2018

Mike Wing

Contractors beware: clients are hungry for cost certainty.

In an uncertain economic climate, and with tighter statutory regulations looming post Grenfell and Carillion, construction clients are demanding much greater cost certainty. Contractors need to be careful, writes Mike Wing in the Construction Manager magazine.

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Published 15 May 2018

James Golden

The role of the mediator

Following on from the International Academy of Mediators in Edinburgh, James Golden recognises the challenges faced and the important role played by mediators in what can be a very difficult process.

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Published 9 April 2018

Stefan Berry

Are bonds the ointment for ‘burnt fingers’ from retentions?

If retentions are outlawed, how might a bond system work – as an alternative way of ensuring contractors complete their obligations on construction projects? Stefan Berry looks at a recent case.

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Published 26 February 2018

James Sargeant

Non-Payment is Killing Subbies – Are stat demands the solution?

With employers and main contractors holding payments back from subbies, and in light of the problems at Carillion and other major players in the construction industry, James Sargeant explains how Stat Demands may be part of the solution.

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Published 1 February 2018

Edward Quigg

Tender Evaluation

When a bidder is told it has lost out on a tender, it can sometimes feel aggrieved and seek to challenge the process.  Edward Quigg takes a look at how tenders are evaluated and how this process can lead to challenges

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Published 1 February 2018

James Sargeant

Third Party Procurement Challenges

James Sargeant discusses a recent case of Wylde & others v Waverley Borough Council [2017] EWHC 466 and procurement challenges.

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Published 31 January 2018

Robert Burns

Amending Contracts following Award

The starting point for any discussion about amending contracts post award is the case of Pressetext, C-454/06.  In this case, the European Court of Justice set out that changes in a contract after its award could trigger the need for a new competition.  In other words, that contract would be annulled.

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Published 31 January 2018

James Golden

Agree what you have agreed

Contract is just another word for agreement.  Therefore, our contracts should reflect what it is we both intend to do.  This is so blindingly obvious that it constantly blinds people.

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Published 31 January 2018

Stefan Berry

You cannot be (sufficiently) serious

In the case of EnergySolutions EU Ltd v Nuclear Decommissioning Authority, The UK Supreme Court decided that in order for damages to be available the breach of procurement rules must be “sufficiently serious”. What is “sufficiently serious”? Will this deter challenges? And what will the position be following Brexit?

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Published 31 January 2018

David McNeice

A Brave New World: The Digital Revolution and BIM

This article takes a look at the brave new world of the NEC4 and it’s X10 – Information Modelling clause.

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