All Contracts and procurement articles – Page 4
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CommentRICS consultancy form: A false friend
The RICS’ forms for appointing consultants may be easy to use, but they have some distinctly hostile implications for those who sign them without amendment
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EEC contract: Get with the programme
With a continuing shortfall of project managers in the construction industry, making the ECC work at the Olympics will not be easy
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CommentLegal panels: The best panel game in town
When the going gets tough, the tough get going. Obtaining better value for money from your law firm by setting up a panel is one way to ease the effects of the downturn
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CommentRICS consultancy form: On surprisingly good form
The new crop of RICS standard contract are about to make quantity surveyors’ lives a lot easier
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CommentExclusion clauses: A chink of light
Are exclusion clauses enforceable? Hitherto, the courts have shed little light on the matter, but a recent Court of Appeal decision makes things much clearer
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CommentNEC: Smooth operator
The Olympic Delivery Authority has chosen the NEC contract in the hope that it will keep the job moving efficiently. But it will only work if it’s well enough resourced
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CommentCollateral warranties: Lost and found
The use of the word ‘costs’ instead of ‘losses’ in collateral warranties can cause much confusion as to what exactly is being referred to and who is liable for what
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CommentJCT Building Management contract
The concept of the management contract has come in for a lot of flak from a lot of critics in the past but the new JCT model is certainly the best in class
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CommentJCT consultation: A sustainable strategy
We all agree that sustainability, like apple pie, is a good thing, but we’re not sure how we should tackle it. The big stick of legislation, some gentle guidance, or a mixture of the two?
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CommentBeware what you wish for
An entire agreement clause proclaims that everything the parties have agreed is in the contract in front of them. But don’t forget that essential legal rule …
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CommentJCT Framework Agreement: Umbrellas? Who needs ’em
A framework agreement is like an umbrella that sits above a contractual dinghy in which the elements of the Egan partnership await their fate like good little girls and boys. Until, of course, it starts getting wet
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IChemE international contracts: international A chemical solution
Contract update — Cecily Davis guides us through the Institution of Chemical Engineers’ suite of contracts for international projects. Not only are they as clear and as simple as their domestic forms, but they also come in pretty colours
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CommentCIC's consultants agreement: You stand here and hold this
The Construction Industry Council’s full agreement for appointing consultants has done the industry, and its clients, a great service by explaining just who is supposed to do what, when
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JCT Framework Agreement: Same again? Try the 2007 vintage
Many looked forward to the birth of the JCT Framework Agreement 2005 but were disappointed by the reality, says Hillary Cohen. The 2007 version is an altogether better bet
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CommentNot much agreement here …
Rachel Barnes Ian Yule was less than enthusiastic about the revised RIBA agreement for the appointment of an architect, claiming it was biased in favour of the profession. Well, guess what? Architects aren’t happy about it either …
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CommentAnn is in cloud-cuckoo-land
Ann Minogue wrote here that my criticism of Network Rail was unfair. But she is living in a fantasy world where there are still adversarial tools and penalties rather than teamworking and shared risk
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CommentThat’s better – but not by much
The RIBA standard form has been revised and two particularly irksome clauses have been amended. But don’t go overboard. It is still biased in favour of architects. ‘Go bespoke’ seems to be the message
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CommentMore DIY disasters
Show me a bespoke contract and I’ll show you a powerful client throwing its weight around. But having said that, are they better than standard fare? The short answer is ‘no’
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CommentLoitering with intent
Contractors might come under pressure to start work under a letter of intent while the proper contracts are being drawn up. But anyone that does is taking a big risk
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CommentKnow who your friends are
Partnering is either about trust and transparency or it’s about two parties shafting each other. Rudi Klein offers a handy quiz that should help you find out which one you’re dealing with