Publications

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.

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.

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?

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

Pauric Marray discusses the decisions made in BAM PPP v National Treasury Management Agency & Minister for Education and Skills [2015 No 176 JR].

An unsuccessful bidder who has been affected by an alleged breach of the procurement rules by the contracting authority shall be able to bring an action. John Bell explains further.

The UK Government is running a consultation on the amendments to the Construction Act, made in 2011. This could have huge implications for the industry. Here are our thoughts. Why not have your say too and get involved in the consultation.

BIM is a massive Buzz word in the industry at the moment. This article covers the use of BIM, the benefits to the industry and how we all need to get ready for it.

When a fire caused extensive damages and loss of business, the defendant, the installer of the fire suppression system relied on ‘exclusion from liability’ clauses.

In 2006, E.ON asked MT Hojgaard to install 60 off shore wind turbines at a wind farm. A significant error in design standards resulted in defective foundations in the project.

Congratulations to our successful students from the 2016/2017 ICE Law & Contract Management (NEC3) course.

The NEC4 is a new and improved version of the contract. Read about the beneficial changes and amendments.

Our Summer/Autumn season of Quigg Golden’s Insight Magazine No.46 has now been published.

We often see emails and letters divulging all sorts of points that you wouldn’t want a judge or adjudicator to catch sight of, with the heading “without prejudice”. It’s not enough to just assume that this magic phrase will get you out of trouble.