Posts by Iain Suttie

  • Assignment: rights about turn?

    A couple of years ago, in a post called Guilty as charged? Or how to get rights wrong, I queried the common practice of an employer assigning its rights under the project documents (building contract and appointments) to its funder. Surely the person who needs to enforce these rights is the employer? The interests of … Continue reading Assignment: rights about turn?

  • Excluding liability for terrorism

    One of our clients was recently surprised to see a consultant engineer request a complete exclusion of liability relating to terrorism. Could this be correct, especially for a project in central London? In many cases, shouldn’t designing to take account of terrorism, unpredictable and callous though it is, be an essential part of the professional … Continue reading Excluding liability for terrorism

  • Emerging principals? Implementing CDM 2015

    CDM 2015 finally went live on Monday. It’s early days, but are there any patterns emerging as to how the new Regulations will be implemented? I think there may be, given what we are seeing and discussions I’ve had with developers, consultants and others. 

  • Do provisional sums always add up?

    If you like puzzles, I’ve got some for you: they’re called provisional sums. Most people in the construction and engineering sectors are aware of provisional sums since they appear in many contracts and price build-ups. However, the impression I have is that “provisional sums” mean quite different things to different people. Perhaps a bigger puzzle … Continue reading Do provisional sums always add up?

  • Is stepping-in the answer?

    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?