What is the practical value of step-in rights in collateral warranties? I ask because a number of people have recently questioned me about such rights in the context of a development project: who requires them and in which warranties?
June saw the JCT publish its official “guides” to the changes included in the 2009 revisions to its standard form contracts. Unlike previous JCT guides, these do not give a detailed description of the changes made by the 2009 Revisions. We’ve been looking at the JCT Standard Building Contract, 2005 edition (SBC05). To assist construction practitioners who would otherwise have to carry out their own comparison of the changes, we are working through the amendments and publishing as we go. Continue reading →
Cash flow is so often called the “life blood” of the construction industry and we are all familiar with a party’s right to adjudicate “at any time” to keep the cash flowing, or so the theory goes. Continue reading →
If one party is a residential occupier, there can only be an adjudication if the parties have a contractual right to refer a dispute to adjudication. There can only be a contractual right to refer if there is a contract. Continue reading →
This is a common scenario in construction and engineering disputes, which routinely involve a large number of parties, some of whom are “stuck in the middle”, defending claims whilst at the same time seeking to pass on liability to others further down the contractual chain. Continue reading →
ProCure21 is the procurement method for publicly funded NHS schemes (as opposed to schemes that use private funding, such as PFI and LIFT). As we highlighted in an update last week, ProCure21 will soon be replaced by ProCure21+.
So what is Procure21+ and how will it differ from the existing regime?