Published 1 February 2018

Edward Quigg

Tender Evaluation

When a bidder is told it has lost out on a tender, it can sometimes feel aggrieved and seek to challenge the process.  Edward Quigg takes a look at how tenders are evaluated and how this process can lead to challenges

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Published 1 February 2018

James Sargeant

Third Party Procurement Challenges

James Sargeant discusses a recent case of Wylde & others v Waverley Borough Council [2017] EWHC 466 and procurement challenges.

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Published 31 January 2018

Robert Burns

Amending Contracts following Award

The starting point for any discussion about amending contracts post award is the case of Pressetext, C-454/06.  In this case, the European Court of Justice set out that changes in a contract after its award could trigger the need for a new competition.  In other words, that contract would be annulled.

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Published 31 January 2018

James Golden

Agree what you have agreed

Contract is just another word for agreement.  Therefore, our contracts should reflect what it is we both intend to do.  This is so blindingly obvious that it constantly blinds people.

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Published 31 January 2018

Stefan Berry

You cannot be (sufficiently) serious

In the case of EnergySolutions EU Ltd v Nuclear Decommissioning Authority, The UK Supreme Court decided that in order for damages to be available the breach of procurement rules must be “sufficiently serious”. What is “sufficiently serious”? Will this deter challenges? And what will the position be following Brexit?

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Published 31 January 2018

David McNeice

A Brave New World: The Digital Revolution and BIM

This article takes a look at the brave new world of the NEC4 and it’s X10 – Information Modelling clause.

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Published 31 January 2018

Pauric Marray

Is late better than never?

Pauric Marray discusses the decisions made in BAM PPP v National Treasury Management Agency & Minister for Education and Skills [2015 No 176 JR].

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Published 31 January 2018

John Bell

Procurement Challenges: An overview for both Unsuccessful Bidders and Contracting Authorities

An unsuccessful bidder who has been affected by an alleged breach of the procurement rules by the contracting authority shall be able to bring an action. John Bell explains further.

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Published 9 January 2018

Stefan Berry

HGCRA Review Consultation – Have your say!

The UK Government is running a consultation on the amendments to the Construction Act, made in 2011. This could have huge implications for the industry. Here are our thoughts. Why not have your say too and get involved in the consultation.

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Published 23 October 2017

James Sargeant

Rising to the third-party procurement challenge

What happens when a contract award is challenged – not by a bidder or the client, but by a third party? James Sargeant seeks to clarify who can challenge.
(This article first appeared in Construction Manager Magazine.)

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Published 26 October 2017

David McNeice

BIM there, done that

BIM is a massive Buzz word in the industry at the moment. This article covers the use of BIM, the benefits to the industry and how we all need to get ready for it.

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Published 11th October 2017

John Bell

Goodlife v Hall. What happens when liability clauses are challenged

When a fire caused extensive damages and loss of business, the defendant, the installer of the fire suppression system relied on ‘exclusion from liability’ clauses.

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Published 7 September 2017

Lahiru Elvitagala

It’s no breeze designing wind turbines: Be aware of fitness for purpose obligations

In 2006, E.ON asked MT Hojgaard to install 60 off shore wind turbines at a wind farm. A significant error in design standards resulted in defective foundations in the project.

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Published 11 September 2017

Quigg Golden

The results are in! ICE Law and Contract Management Course

Congratulations to our successful students from the 2016/2017 ICE Law & Contract Management (NEC3) course.

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Published 7th September 2017

Kenny Caldwell

NEC4 – What’s all the fuss about?

The NEC4 is a new and improved version of the contract. Read about the beneficial changes and amendments.

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