CES - Construction Law Review 2012

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CONSTRUCTION LAW REVIEW 2012... Read more
Diales D Dia ales uncompromis uncompromised sed expertise OUR R EXPERTS Mark Wheeler Tom Comerford David Wileman John Mullen Peter Davison Peter Atkinson Michael King David Waddle Delivering Deliv ver... Read more
CONSTRUCTION LAW REVIEW 05 An annual update Keith Kirkwood FCInstCES Bennington Green and Society of Construction Law 06 Notice: Substance, use and abuse 18 Risk or opportunity? Gary Blackburn Hill In... Read more
CONSTRUCTION LAW REVIEW 36 To mediate or not to mediate Alexander Dickson Centra Consult LLP 39 Negotiating the future of public procurement 50 Design management in novated design and build contracts ... Read more
Foreword Society of Construction Law The annual update Keith Kirkwood FCInstCES FRICS FCIArb MIOD, Chief Executive, Bennington Green Chairman, Society of Construction Law AS the current chairman of th... Read more
Notice Notice: Substance, use and abuse Simon Longley FCInstCES BSc(Hons) LLB(Hons) PgDip(Law) PgDip(Arb) FRICS ACIArb MDBF barrister (n/p), Director, High-Point Rendel IS it time for a re-think on th... Read more
Notice As the example demonstrates, it is often difficult to establish easily or precisely the ‘start-date’ for the giving of notice. Nevertheless, employers rarely make adequate investigation of the ... Read more
Notice Conclusions The complete loss of entitlement due to a failure to satisfy a prescribed procedural timescale is an extreme sanction. It is therefore somewhat surprising that there is so little an... Read more
Aw A Award-ise Award-d -winning i i expertise ex xperti Make High-Point Rendel your trusted, first choice consultant. We offer a premier source of strategic management, commercial, contractual and tec... Read more
Global Claims Global claims Gary Peters, Managing Director, FTI Construction Solutions MOST construction projects are subject to variations, changes and a range of other risks that may result in claim... Read more
Global Claims great suspicion, their use is much criticised and they usually fail. However, despite these matters, global claims are popular and are made regularly. Some of the principal issues and pr... Read more
Global Claims (v) Separate out those parts of the claim where a causal connection is able to be demonstrated. (vi) Provide sufficient evidence to support the time and costs claimed. This requires the ... Read more
CRITICAL THINKING AT THE CRITICAL TIMETM At FTI Consulting, we have a global construction solutions team of industry leaders, including quantum and delay analysis experts. Our professionals deliver co... Read more
Institution Training Suite ICES can provide your company with a professional, spacious, modern, and friendly environment to satisfy your training and meeting requirements. Anyone hiring the suite has ... Read more
Unintended Consequences The providence of unintended consequences Gordon Lees FCInstCES, Chartered Arbitrator and Registered Adjudicator THE exclusion of consequential damages is now an integral part ... Read more
Unintended Consequences could its cost be categorised as constituting a loss of profit.’ It can be seen that the Court of Appeal accepted the lost profit could not be recovered because it was specific... Read more
Unintended Consequences The exposure to consequential damages and the limitation of that exposure is high on everybody’s agenda when considering risk under a contract. cost of replacement electricity ... Read more
Risk Risk or opportunity? Gary Blackburn, Executive Director, Hill International (UK) Ltd MUCH of my time is now spent dealing with problem or distressed projects. Needless to say, constant exposure t... Read more
Risk The risks associated with a particular project are (or so it is hoped) set out in detail in the agreement between the parties. For example, NEC defines the employer’s risks at clause 80.1 and wit... Read more
Risk Time Computers and the various planning software packages now available clearly provide a significant step forward in the planning and management of construction projects. They also provide a val... Read more
Risk Labour productivity Labour is a significant proportion of any construction project and is perhaps the most susceptible to the effects of change. Indeed I would also suggest that disruption is fre... Read more
Approved Development Schemes Recruit, motivate and retain high calibre employees Add value to employment packages Ensure employees develop their roles quickly and efficiently Preferred route to get em... Read more
Dispute Boards Dispute boards — Dispute avoidance Simon F Fegen, CEDR Accredited Mediator, Leach Consultancy THE term dispute board is taken in What is a dispute board? A DB is a panel, most usually o... Read more
Dispute Boards higher level than the site — decisions made for the benefit of the project as opposed to a contractual decision. these visits they will receive copies of relevant project documentation ... Read more
Dispute Boards relationships and financial losses, often for both sides, there remains reluctance in some quarters to use DBs. The costs are shared equally by the constructing parties. Cost is an oft ... Read more
Programmes Whose programme is it anyway? Paul Battrick FRICS MCIArb, Managing Director (International), Driver Consult WITHIN the construction industry the traditionalists will state that the programm... Read more
Diales D Dia ales uncompromis uncompromised sed expertise OUR R EXPERTS Mark Wheeler Tom Comerford David Wileman John Mullen Peter Davison Peter Atkinson Michael King David Waddle Delivering Deliv ver... Read more
Programmes mainly to its progress and the progress of others under its remit. It should therefore provide the contractor with information to allow an accurate comparison of actual and planned progress... Read more
Programmes without reasonable excuse, failed to proceed with the works in accordance with clause 8, the clause as noted above dealing with time and matters of programme. So whose programme is it? Whil... Read more
Adjudication Much ado about nothing Adjudication under the new construction act Peter Barnes MCInstCES, Director, Blue Sky ADR THOSE unfamiliar with the detail of the Housing Grants, Construction and ... Read more
Adjudication proceedings, except in exceptional circumstances (for example, such an agreement being reached after the notice of adjudication had been served). However, the concern is that the drafting... Read more
Line of Balance Should we ‘LOB’ Gantt charts? It’s a fine balance Mike Cross, Managing Director, FTI Consulting CIVIL engineering projects customarily contain repeated sections of activities. Take for... Read more
Line of Balance determined by the space between the lines which in this case is two weeks. This illustration shows the finish to start relationships between the activities. As none of the lines are cr... Read more
Line of Balance This chart clearly shows that the works are not progressing in accordance with the planned intent as depicted by the change in the steepness of the lines and the shorter intervals betw... Read more
CRITICAL THINKING AT THE CRITICAL TIMETM At FTI Consulting, we have a global construction solutions team of industry leaders, including quantum and delay analysis experts. Our professionals deliver co... Read more
Mediation To mediate or not to mediate? Alexander Dickson, Partner, Centra Consult LLP THIS article is not an explanation of the mediation process, there are many such pieces out there by practicing m... Read more
Mediation are able to properly express what their position is), it is common that parties cannot then communicate effectively. One point to note is that lawyers (and other advisors) never communicate ... Read more
Mediation adjudication (the adversarial processes) the referee declares a winner or a loser, there is never a draw. What this means is that by definition, one set of advisors must have been wrong! If ... Read more
Procurement Negotiating the future of public procurement Robert Rooney, Associate, Quigg Golden PUBLIC PROCUREMENT rules have legal challenges. A recent commission working paper found that a typical p... Read more
Procurement The draft directive now proposes the abolition of the part B exception. Services below the financial thresholds will remain outside the scope of the full regulations. Mandating the use of ... Read more
Procurement The procedure requires the contracting authority to publish a description of the procurement, technical specifications and award criteria at the commencement of the process. This will allo... Read more
Latent Defects Latent defects: Have they finally nailed the genie? Kim Franklin, Barrister, Chartered Arbitrator and Adjudicator, Crown Office Chambers They held that a contractor ought not to be liab... Read more
Latent Defects Nevertheless the Court of Appeal persisted with the view that the dairy was constructed as a unit and that treating it as in anyway divisible would be ‘thoroughly undesirable.’ part, fo... Read more
Chartered Institution of CIVIL ENGINEERING SURVEYORS Continuing Professional Development www.cices.org... Read more
Project Management Project management: The good, the bad and the ugly — The early warning signs Keith Kirkwood FCInstCES FRICS FCIArb MIOD, Chief Executive, Bennington Green Chairman, Society of Const... Read more
Project Management contractor makes a good profit and contractors should be proud if their subcontractors make a good profit. It means they have managed them well, whereas if they lose money it is the... Read more
Project Management bribery clauses which prevent the team from meeting after work for a drink and discussion on the problems of the project may be the cause of these in some instances. Successful proj... Read more
Project Management profit. The employer’s team has the benefit of comparing tenders at the beginning and should easily spot if a mistake has been made by one of the tenderers. When a contractor has a ... Read more
Design and Build Design management in novated design and build contracts Paul McCreadie, Managing Consultant, High-Point Rendel DESIGN and build (D&B) contracts will be familiar to most construction p... Read more
Design and Build information. It merely means that the design process should be planned, programmed and resourced with the same level of detail as the construction process, and progress should be moni... Read more
Design and Build Such unsatisfactory situations can be avoided by clear communication of design and programme requirements, and by effective management of the design team and the design process. Conse... Read more
Aw A Award-ise Award-d -winning i i expertise ex xperti Make High-Point Rendel your trusted, first choice consultant. We offer a premier source of strategic management, commercial, contractual and tec... Read more
NEC3 The programme under NEC3 The unacceptable truth Ewen Maclean, Managing Director, FTI Consulting THE programme is at the heart of the NEC3 contract and is central to its administration, particular... Read more
NEC3 as a compensation event under clause 60.1(6) due to the project manager not responding to a communication from the contractor. This can then be dealt with under clause 6 in the normal way. Revisi... Read more
NEC3 This allows the contractor to establish what the effect of progress and compensations events would have been but for his plans to overcome them, which may otherwise be lost if it is not recorded.... Read more
NEC3 project manager’s assistance in order to increase the certainty of the programme being accepted. Therefore, even where the project manager makes its own assessment of a compensation event it has ... Read more
BIM and English Law Building information modelling and English law Stacy Sinclair, Solicitor, Fenwick Elliott LLP THE government’s construction strategy requires that all model in a common data enviro... Read more
BIM and English Law The draft PAS 1192-2:2012 requires the information manager to ‘provide a focal point for all information modelling issues in the project; ensure that the constituent parts of the p... Read more
Membership Application and Upgrade Workshops Are you thinking of upgrading your membership? Do you know anyone interested in applying for membership? Do you want your employees to develop their profes... Read more
CONSTRUCTION LAW PROFESSIONALS... Read more
Construction Law Professionals particular in extension of time claims and delay and disruption disputes in adjudication, arbitration and litigation. He has extensive experience acting as an expert wit... Read more
Construction Law Professionals Driver Project Services 15 Evolution Wynyard Park Wynyard Billingham Teesside TS22 5TB +44 (0)1740 665 466 www.driver-group.com Martin Woodall MACostE martin.woodall@dri... Read more
Construction Law Professionals Driver Group Middle East Graham J Atherton BSc PGDipICA MRICS FCIArb MACostE MQSI graham.atherton@driver-group.com Graham is a chartered surveyor, fellow of the Chartere... Read more
Construction Law Professionalse John Hughes BSc (Dist) LLM (Euro Law) LLM (Construction Law) MRICS MCIArb j.hughes@hprworld.com Managing consultant. John Hughes is a chartered quantity surveyor and qu... Read more
Construction Law Professionals QUALSURV Consulting Ltd 8 Charles Court Budbrooke Road Warwick CV34 5LZ +44 (0)845 225 1040 info@qualsurv.co.uk www.qualsurv.co.uk David Fishwick FCInstCES ACIArb MAPM d... Read more
Online Bookshop Need the NEC3 Supply Contract? All the ICE, JCT, FIDIC and IChemE contracts? Looking for cartography, GIS, photogrammetry or hydrography books? The ICES Online Bookshop is a quick and ... Read more
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