Heavy snow is forecast around the country over the weekend with up to 30 cm expected on higher ground. While this may bring delight to children whose schools are closed, if you are an employer under a building contract, you may be wary of contractors seeking to blame delay on the current weather and claiming the extra cost of those delays under the terms of the relevant building contract.
The Chancellor’s Autumn Statement 2012 addresses the Government's review of PFI and we welcome the Government’s support for infrastructure projects as a means to reinvigorate our public services and infrastructure while creating jobs and driving economic recovery in the UK. In this article we examine a number of questions which naturally arise from the PF2 proposals.
We are holding a PF2 workshop on 17 January 2013 which will discuss these issues in greater detail.
The Growth and Infrastructure Bill, issued on 18th October, implements a number of the measures announced by the Government in September as part of its major planning and housing package. The Government says the Bill will help the country compete on the global stage by cutting red tape which, it claims, is delaying new infrastructure and job creation, and discouraging business investment.
This article will look in greater detail at the first three measures that are intended to assist with bringing developments forward and that are giving rise to industry comment.
The Chancellor has announced that the Government will guarantee infrastructure scheme which have stalled because of financing problems. However, given the tight eligibility criteria and with no promise of new money, it is not clear how many projects will actually be able to benefit from this new scheme.
A recent publication from the Health and Safety Executive will help local authorities and schools understand what duties they have to identify and manage asbestos in schools.
Mr Justice Akenhead has held in the case of Walter Lilly and Company Limited v Mackay and DMW  EWHC 649 (TCC) that advice given to clients by claims consultants is not covered by legal professional privilege or legal advice privilege, even if that advice was given by solicitors or barristers engaged by those claims consultants.
In the last month HM Treasury has issued guidance on making savings in operational PFI contracts. The guidance follows the draft guidance issued in January this year and is intended to assist public sector PFI Contract Managers to identify and implement savings measures that would reduce costs whilst maintaining frontline services.
The guidance focuses upon four pilot cost saving reviews of operational PFI projects, one by HM Treasury with the Cabinet Office and three by the MoD. The pilot reviews have confirmed the draft guidance recommendations for achieving operational savings identifying three main categories, this article examines those categories.
The Local Democracy, Economic Development and Construction Act 2009 will come into force in England and Wales on 1st October 2011 and will make a number of fundamental amendments to the Housing Grants Construction and Regeneration Act 1996, which is the current legislation governing all “construction contracts”.
In this month's edition we highlight the following items of interest:
- Bribery Act 2010: Ministry of Justice consultation on draft guidance
- Liquidated damages: High Court holds that a "commercially justifiable" clause was not a penalty and was enforceable
- Revisions to the Technology and Construction Court Guide
- Electronic disclosure of documents in litigation - new Practice Direction
- Consolidated Building Regulations to come into force on 1 October
- New agreement to improve health and safety on construction sites
- International Chamber of Commerce issues revised Incoterms
In this edition we highlight the following recent developments of interest:
- Extensions of time: causation, concurrent delay events and critical path analysis
- "Best endeavours", "reasonable endeavours" and "all reasonable but commercially prudent endeavours" - is there a difference?
- Adjudicator bias?
- Retention of title clause ineffective where contract allowed "revolving stock" sales
- Procure 21+ finally launched
- Failure to finalise contract terms resulted in unlimited liability.