Making Good with Rectification Periods

Blog author: Hugh Saunders – 3PB Do you still talk about the “defects liability period”? So do I, and I don’t blame you because the phrase has been around for so long, even though modern JCT contracts use the term “Rectification Period”. Whatever you call it, problems can arise because although the clauses look quite simple there is actually a number of things going on. First, neither term really describes what the contract actually means; second, on the expiry of the Rectification Period, there is…

Over Payment is Careless

Blog author: Peter Hibberd Following Galliford Try vs Estura [2015] EWHC412 (TCC), a case concerning summary judgement to enforce the decision of an adjudicator as to payment of an interim application, there were various comments by observers on whether or not the payer has a right to repayment by the contractor on account of an overpayment and speculation as to whether there should be an express term to this effect. JCT Design and Build Contract 2011 (the contract in that case) makes it absolutely clear…

A Question of Programme

Blog author: Will Cooper – Senior Associate, Clyde & Co LLP The programme produced and maintained by a contractor is one of the most important documents for any works. Of course, the programme’s primary function is to ensure effective sequencing of the various components of the works. However, it has an important secondary role in assessing contractor applications for extensions of time and assisting with the resolution of disputes between contractor and employer, roles not always readily appreciated by contract draftsmen. It is the second…

Making building contracts work with BIM

Blog authors: Tom Pemberton and Andrew Croft – Beale & Company Solicitors LLP Following the UK government’s well publicised plans to use Building Information Modelling (“BIM”) on all centrally procured public sector projects by April 2016 there has been a real increase in the use of BIM in both the private and public sector. In 2011, the JCT issued its Public Sector Supplement, including amendments facilitating the use of BIM. These amendments, and associated guidance issued by the JCT, were the earliest example of drafting…

Default Payment Notices – avoid ‘smash and grab’ adjudication

Blog authors: David Savage and Andrew Keeley – Charles Russell Speechlys Recent case law has reduced the scope for unwary Employers to defeat ‘smash and grab’ adjudications. As you would expect, the payment terms in the 2011 JCT contracts comply with the statutory payment requirements imposed on the construction industry by the Government. It is increasingly important to understand and strictly comply with these payment terms. For example, under a JCT Design and Build Contract 2011: If a Payment Notice is not given by the…

Integrated Project Insurance – collaboration is the name of the game

Blog author: Kim Vernau – CEO, BLP Insurance When something goes wrong in a construction project, the first question that usually gets asked is, “Whose fault is it?”. The contractor may blame the architect for a design defect by submitting incomplete drawings. The architect may blame the contractor for failing to control their subcontractors. The contractor may blame the professional consultant for failing to properly supervise the works and suppliers. The consultant may blame the employer for late payment of fees. So whose insurance policy…