REUTERS | Ilya Naymushin

February 2010 digest: adjudication practice develops and PLC launches its CRC survival kit

An English proverb says:

“If February give much snow, a fine Summer it doth foreshow.”

Regular readers of PLC Construction’s monthly digest will have noticed that it has been dominated by bad weather and environmental issues in recent months. That hasn’t changed in February, with the continuing wintry weather and the launch of PLC Environment’s CRC Survival Kit, which provides a “one-stop shop for information on the CRC Energy Efficiency Scheme, also known as the Carbon Reduction Commitment (CRC)”.

The kit followed a nutshell, an overview and a glossary on the CRC. We also published a note explaining its impact on the construction industry.

Other new content included practice notes on settlement, negotiating insurance provisions and sustainable procurement.

Elsewhere, the JCT reported on project bank accounts and tweaked its terrorism insurance amendments; FIDIC gave us a new sub-contract; the NEC published two new supply contracts; the HSE published guidance on the tower crane register and asbestos surveys; and new guidelines on corporate manslaughter and health and safety offences were also published.

Adjudication enforcement practice continued to develop in the TCC, with decisions on severance and stays of execution. The TCC also looked at whether an adjudicator had jurisdiction or was in breach of natural justice and whether CPR Part 8 was the appropriate procedure to resolve one issue arising from an adjudicator’s decision.

In the courts:

  • An experts’ immunity from suit is being referred to the Supreme Court.
  • We were reminded that a builder can, in principle, owe concurrent duties in tort and in contract.
  • Ramsey J published his judgment in BSkyB v EDS.
  • Multiplex and Cleveland Bridge were in the Court of Appeal.

And finally, for those who may be welcoming new joiners to their teams, we published a handy note on useful training material.

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