Published 11 July 2019

Avoiding Risks in Procurement: Abandonment

Stefan Berry considers the dilemmas faced by contracting authorities with a look at the recent Amey Highways Ltd v West Sussex County Council case.

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Published 11 June 2019

William Brown

New Amendments to NEC4 Contracts

William Brown reacts to the series of amendments to the NEC4 suite of contracts.

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Published 20 May 2019

John Doherty

Looking Back – The lesser known cases of 2018

John Doherty gives a summary of some lesser known cases from 2018, focusing on their implications for construction law and practice.

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Published 1 April 2019

James Sargeant

Davenport v Greer: ‘Smash and grab’ lives on

‘Smash and grab’ adjudications were predicted to end after last year’s S&T v Grove ruling; the judgement had its first test case earlier this year. By James Sargeant.

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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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