REUTERS | Ognen Teofilovski

October 2011 digest: our third birthday

Lewis Carroll, Through the Looking Glass:

“I mean, what is an un-birthday present?
A present given when it isn’t your birthday, of course.
Alice considered a little. ‘I like birthday presents best’, she said at last.”

Amazingly, this month saw PLC Construction turn three. Back in 2008 when we launched, the industry was in the midst of a consultation over the Construction Act 1996 changes. Now, three years later, it finally feels like the calm after a storm. The effective date of the Construction Act 1996 changes has come and gone, the publishers of the major standard form contracts have issued their amendment sheets (NEC, RIBA, IChemE, PPC2000 and ICC) or new contracts (JCT) and we have reviewed and updated all of our maintained resources to ensure they are “ship shape and Bristol fashion”.

Time to turn our attention to other things… and as we do, please let us know if there are any documents or clauses that you would like us to publish. You can email us at constructionfeedback@practicallaw.com.

So what else has come to light in October?

It was the start of the extended costs management pilot in the TCC. We may still be waiting for judicial guidance from the TCC judges, but survey forms are available for those taking part. We know more about who is being sued. October also saw the start of a new penalty and interest regime for CIS returns.

A number of topics were also under discussion this month. Aside from the repeal of section 107, the new payment provisions (twice) and payment notices, we have had contributions on the meaning of fitness for purpose, primary obligor wording in PCGs, design and build procurement, the ICC Rules 2012 and ineffectiveness in public procurement.

Other issues in the news include the first conviction under the Bribery Act 2010, the UK’s nuclear programme after Fukushima, new EPC regulations, the Energy Act 2011 and the Green Deal, arbitrator bias, payment of the adjudicator’s fees, gross negligence in commercial contracts, what settlement negotiations really mean, the Supreme Court’s verdict on the rule in Cherry v Boultbee and the law of rectification.

And finally, we have new resources on charities and construction projects, materials for surveyors and contract interpretation.

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