Published 11 February 2019

Ben Cunningham

Social Policy and the Public Procurement Process

Ben Cunningham details his thoughts on what was covered at the Construction Industry Federation Conference in September on the topic of social responsibilities in Public Procurement.

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Published 29 January 2019

William Brown

Liquidated Damages… In about 300 Words

Liquidated damages are very common in the construction industry, so it is important to understand what they are and when the courts will enforce them.

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Published 4 December 2018

Noreen Smyth

New Tech, Old Rules

When non-payment becomes an issue, often the first response is to suspend services or withhold work done. Noreen Smyth questions this response in light of the judgment in Trant v McDonald.

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Published 26 November 2018

Claire Mc Carry

Clutching onto the Contra Proferentem Rule?

Claire Mc Carry discusses the ‘contra proferentem’ rule, and the importance of choosing carefully when to rely upon it.

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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 28 September 2018

Chrystele Kan

NEC4 X22: more contractor incentive in two-stage contracts?

The X22 provision in NEC4 aims to provide more commercial incentives for contractors in two-stage tenders. Chrystele Kan considers its likely impact. 

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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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