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NEC4 Programming

NEC4 Programming This is the link to the NEC users conference June 2021 where I presented with Manoj Bahl on programming in the NEC4 ECC contract. The ECC deals with delay and extensions of time in its own way. Have a look at how the contract works in detail and what

The Golden Thread

The Golden Thread Over the past few months the BRAC golden thread working group have worked closely with MHCLG and HSE to develop and agree the golden thread definition and principles, posted by CIBSE at the link below. They will be formally published by government during the passage of the Building

NEC Contracts Online Conference 22/06/21

NEC Contracts Online Conference 22/06/21 As a long standing NEC tutor and consultant, I am very pleased to be co-presenting with Manoj Bahl the NEC Contracts Online Conference – NEC4: Programming Workshop. This practical application workshop will focus on the NEC4 programme and how to put together an effective programme in order

The CIOB planning protocol 2021

The CIOB planning protocol 2021 – could it be used with NEC contracts? The CIOB has published a Planning Protocol 2021 which aims to be a guide to assist good project planning. It contains two tools to assist with project planning. The purpose of these is to provide a basis

Spring Budget key announcements

Spring Budget key announcements LNB News 03/03/2021 96   In the Spring Budget 2021, on 3 March 2021, the Chancellor of the Exchequer, the Rt Hon Rishi Sunak MP, announced a new UK Infrastructure Bank, £1bn from the Towns Fund for a further 45 Town Deals across England, support for

Subcontracting under the NEC4 family

Subcontracting under the NEC4 family The purpose of this note is to consider the way in which the NEC4 family of contracts manage and transfer the allocation of risk in typical project structures and to point to the key considerations when considering the drafting. The question of managing risk is always raised from

Be careful what you wish for when it comes to a question of jurisdiction.

Be careful what you wish for when it comes to a question of jurisdiction. Whether an adjudicator correctly identifies an issue as something which he or she has jurisdiction to decide is potentially determinative of whether the decision is enforceable. If the adjudicator refuses to consider an issue or argument

BREXIT – Five Tips for preparing for the end of transition

BREXIT – Five Tips for preparing for the end of transition Building Magazine reports that “The government has drawn up a list of the top five things construction needs to know ahead of the UK finally leaving the EU at the beginning of next year. The UK officially left the bloc

Adjudication resources

Adjudication resources For more information about adjudication the CIC has a guide to adjudication and the Adjudication Society has many resources. The statutory right to adjudicate is contained within the Housing Grants Construction & Regeneration Act 1996 as amended The rules that apply may be defined in your contract. If

Clarity sought on COVID 19 lockdown

Clarity sought on COVID 19 lockdown The Chair of the CLC, Andy Mitchell, has been in dialogue with the Cabinet Office since the Prime Minister’s announcement at 8-30pm this evening.  Officials are working to secure the much needed clarification, which may take until the morning, and it is clear that

COVID-19 Payment and Adjudication

COVID-19 Payment and Adjudication As government guidance continues to be issued daily there is considerable uncertainty as to how contracts will be performed. Further guidance on the operational considerations is due from Build UK.    In terms of payment and enforcing payment of contractual entitlements, the payment provisions and structures

Adjudicating Low Value Disputes

Adjudicating Low Value Disputes On the 4th of June 2019 the CIC’s ADR and Management Board issued a consultation on a Low Value Disputes Model Adjudication Procedure (“CIC LVD MAP”). The publication of the consultation coincides with launch on the 21st of June 2019 of the TeCSA Low Value Disputes Adjudication Service

Lost in Politics 2019 – still in transition and that political uncertainty

Lost in Politics 2019 – still in transition and that political uncertainty It is ironic that, on the day the elected government suffered the greatest defeat in modern times, creating great uncertainty, a private member’s bill that would create much greater financial security for the construction supply chain was introduced into

RIP – Cash Flow ?

RIP – Cash Flow ? RIP Cash Flow ? The recent decision of Grove Developments Ltd v S&T (UK) Ltd [2018] EWHC 123 (TCC)    The case is of interest in that the court considered some of the common problems that case law has attempted to address in relation to the Housing

New Year – new Industry ?

New Year – new Industry ? New Year – new industry? Since the New Year began we have seen a number of events and announcements that suggest that the existing supply structures for the construction industry are broken.  Dame Judith Hackett published her interim report with the startling conclusion that

Nobbling the nomination (or the abuse of the adjudicator appointment process) – time for statutory intervention or guidance?

Nobbling the nomination (or the abuse of the adjudicator appointment process) – time for statutory intervention or guidance? Getting an adjudicator In order to have an adjudication you have to have an adjudicator. Many people in the construction industry do not have to consider how you get an adjudicator unless they

Unlocking Payment Disputes – Payment Notices and Adjudication

Unlocking Payment Disputes – Payment Notices and Adjudication The construction sector has been notorious for late payment and non-payment for many years. So much so, that the government has intervened to regulate payment in this sector to a degree that it has not done in any other sector. Whether you

NEC4 Managing the programme

NEC4 Managing the programme The NEC4 Engineering and Construction Contract (ECC) contract issued in June this year makes some important changes to the procedure for managing the programme under the contract. The programme performs a dual function under the NEC ECC contract. First, it is the basis for managing the

Reinforcing the message – “pay now, argue later”

Reinforcing the message – “pay now, argue later” The construction industry has become used to the mantra repeated in a number of cases, that the intention behind the Housing Grants Construction and Regeneration Act 1996 as amended (“the Construction Act”) is to give effect to a “pay now, argue later”

BIM Disputes – What are they and how will we resolve them?

BIM Disputes – What are they and how will we resolve them? This is the first of a series of articles in which I will explore the challenges that will arise from the implementation of Building Information Modelling (“BIM”) for those involved in dispute resolution. This is of particular interest

Common Data Environments

Common Data Environments How much information should we share?One aspect of BIM level 2 is to provide a common data environment. Common data environments are not the exclusive preserve of BIM and, as the name suggests, refer to the management of data. In the context of the government target for

BIM NBS Toolkit – the right tool for the job?

BIM NBS Toolkit – the right tool for the job? What is the NBS Toolkit?The NBS Toolkit is a software tool through which users can draft the contents of the Employer’s Information requirements and the various documents ( Bim Execution Plan “BEP”  and Master Information Delivery Plan “MIDP”)  which map

CDM – beware the domestic project

CDM – beware the domestic project The new CDM regulations came into force on the 6th of April 2015. One area of concern to both contractors and designers is the inclusion of domestic projects in the new regime. Formally domestic projects were excluded but that has now changed. Any project