Publications

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

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.

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.

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.

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.

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

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

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.

What happens when a contract award is challenged – not by a bidder or the client, but by a third party? James Sargeant seeks to clarify who can challenge.
(This article first appeared in Construction Manager Magazine.)