Blog Author: Peter Hibberd This article is primarily concerned with the manner that retrofitting of buildings might impact on the procurement for its delivery, and whether adequate standard form contracts exist. Simply put, retrofitting of buildings is the introduction of new or modified parts or equipment not available at time of build. Contrast this with repair, which is only to restore something broken or damaged to a good condition or working order. Also, contrast it with renovation and renewal, which restores to a new or…

In this new feature for JCT News, we break down some of the key sections and clauses within the JCT contract to explain and provide more information about how these elements function in practice. The issue looks in more detail at the process of interim payments. Interim payments Generally, the provisions relating to valuation, certificates, notices and payment (interim and final) are the same or similar for many of the JCT main and sub-contracts. In this article, we refer to the JCT Standard Building Contract,…

Blog Author: Nigel Blundell and Hamza Sekkar –  Pinsent Masons The current volatile and unpredictable market conditions pose a risk to the success of major projects. However, there are ways that contractors and clients can manage risks associated with inflation in their contracts. We look at three options available under the JCT suite of standard form contracts that contractors and clients alike should consider at a project’s outset. Current practices Deleting the fluctuation provisions in standard form contracts had been an accepted practice for many years….

Blog Author: Peter Hibberd Recently, the Bank of England governor claimed that his ex-chief economist’s view that inflation may reach 4% was alarmist and that we should not overreact to rising prices. Overreacting is one thing but making sensible provision is another. Fluctuations in labour and material prices in relation to construction projects can, and do, quickly erode a contractor’s margin. Over recent years, price inflation has been benign, which has led to those entering building contracts giving less consideration to its impact and to…

Blog Authors: Marcus Harling and Alistair Russell – Burges Salmon LLP Electronic signatures, data rooms, Mercury execution? Evolving working arrangements mean we should all double check exactly how to execute construction documents. Whilst smart contracts and digital signatures are still very much the immediate future, for most people they did not arrive in time to help with the complexities of contract execution created by the COVID-19 lockdown. Suddenly the traditional way of contract execution became almost impossible and old questions on remote Mercury compliant execution…

Blog Author: Peter Hibberd Those involved with construction frequently berate themselves and others for its poor performance; often rightly. However, there remains a failure to recognise fully what can be done to improve. The tendency to concentrate simply on improving efficiency is not enough because one can be efficient without creating value. What must be improved is quality and productivity as these will create project life value for the client and a better return to the participants without increasing costs disproportionately. Those two objectives are…