The Conservative Party plans to allow medium to large construction businesses to procure independent health and safety audits. If a firm passed an audit, it could bar the HSE from entering the audited site. Is this genius or folly? Continue reading

Conservative Party plans to reduce health and safety red tape

Why adjudicate if you can use expert determination?
Here’s one way to simplify adjudication: get the adjudicator to act as an expert, let him do what he does best, avoid a mini arbitration and many of the legal challenges to adjudication…

Electronic working in the TCC, is it e-working?
The Electronic Working Pilot Scheme has been piloted at the TCC in London since July 2009. Has it been a success? PLC Construction attended an HMCS workshop to find out. Continue reading

FIDIC or IChemE, which is best for your project?
Choosing the right form of contract is fundamental to the success of any project, particularly if the parties are contracting outside their own jurisdictions. The FIDIC forms were traditionally the contracts of choice for international projects. However, since the IChemE published its International Suite of Contracts almost two years ago, parties need to consider whether FIDIC or IChemE offers the most appropriate contract for their particular project.

Using expert evidence in adjudication
Last week, I touched on whether documents should be ‘disclosed’ in adjudication. One aspect of my post looked at expert evidence, so here are some further thoughts on experts in adjudication… Continue reading

PLC Construction recently received an enquiry about an employer’s ability to deduct liquidated and ascertained damages (LADs) for delay under a demand issued after the contractor had gone into administration. Could the employer set-off its demand for LADs under the Insolvency Rules?

Whose plant is it anyway?
When things go wrong on a project we tend to think that the contract will finally determine issues between the parties. Of course, this is not always the case: we must not forget about statutory rights.

Notice provisions and extensions of time: an inconvenient truth?
How would most contractors receive this piece of drafting?
“The Contractor agrees to pay Liquidated Damages (LDs) for delay to the Employer, even though the Employer caused the delay to the Works to which those LDs relate.” Continue reading

I read the recent judgment in Balfour Beatty v Shepherd and some of the issues the adjudicator faced struck a chord. Continue reading

CIOB plans guidance on time management
Of the three key factors that drive a project (cost, quality and time), time management is by far the least developed and understood.
This was highlighted by the Chartered Institute of Building’s (CIOB) report, Managing the risk of delayed completion in the 21st century. Having identified the problem, the CIOB is trying to solve it. Continue reading