The ‘collaborative’ future of construction and infrastructure procurement
Framework Contracting, that is well planned from the outset, can be an effective tool to deliver an entire programme of infrastructure with benefits for all sides. While it is simply one way to address resource constraints and the need for fair apportionment of risk...
Case In-Brief: Hybrid contracts and the payment provisions of the Construction Act
The Housing Grants, Construction and Regeneration Act 1998 (the Act) applies to “construction operations”. Where a contract relates to both “construction operations” and non-construction operations, the question arises of how payment mechanisms apply to construction...
The Supreme Court reinstatement is not a right that can be assigned
The Supreme Court has had the final say on the status of ‘on sold’ earthquake damaged properties insured by IAG at the time of the Canterbury earthquakes. In a judgment released yesterday, the Supreme Court by 3:2 majority, decided that owners of on sold...
Contractual appendices: ignore at your peril
Recently, a subcontractor in the UK was relieved of adverse ground conditions risk, despite contract amendments that sought to allocate that risk to the subcontractor- and it all hinged on an analysis of appendices to the contract. Appending documents to a contract...
New Government Procurement Rules Announced (4th Edition)
The 4th edition of the Government Procurement Rules (Rules) were published this month. They are the good practice standards for government procurement, and were last substantially revised in March 2015. The Rules apply to all public service departments, police,...
Building Law reforms: Raising the bar across the sector
By the Minister for Building and Construction, Jenny Salesa I’m proud of our building and construction industry, and the hard-working individuals that fill the wide and varied roles that make up the sector. It’s our fifth-largest industry by GDP and fourth-largest...
Alliancing: what does the new NEC4 Alliance Contract have to offer?
By Claire King Fenwick Elliott LLPIn June 2018 the NEC published its first Alliance Contract “designed for use on major projects or programmes of work where longer-term collaborative ways of working are to be created”.[1] In this Insight we examine what is meant by...