Mon09252017

Last updateTue, 24 Feb 2015 5pm

Graeme Young highlights the revised rules for procurement challenges in England and Wales

The Technology and Construction Court (TCC) – the generally preferred forum for procurement challenges in England and Wales – has adopted a guidance note on the conduct of procurement challenges. The note was launched recently at a Procurement Lawyers’ Association event hosted by Coulson J at the TCC in London. Coulson J confirmed that parties will be expected to have regard to the note when litigating procurement disputes before the TCC. A pdf can be found at www.legalease.co.uk/tcc-guidance.

Peter Kershaw outlines recent proposals addressing energy storage

Local authorities, hospitals, universities, charities, large businesses and farms are just some of the organisations placing themselves on immediate standby to feed into emerging development opportunities around energy storage.

Richard Booth reports on a recent Supreme Court judgment highlighting the need for clarity of drafting

The Supreme Court handed down its unanimous judgment in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Ltd on 3 August 2017. The case concerned liability for €26.5m of works to rectify defects in foundations at E.ON’s Robin Rigg wind farm in the Solway Firth, which were designed and built by MT Højgaard A/S (MTH).

Claire King analyses recent judicial trends in the contractual interpretation of construction contracts

The key to resolving disputes is all too often working out what a particular provision or provisions actually means. Parties may have wildly different views on what something means even after spending hours negotiating the fine print and signing on the dotted line.

Richard Hough examines the procurement law issues involved in changing a public contract

When a contract is drafted, the lawyers involved will do all that they can to ensure that the contract accurately reflects the agreed commercial arrangement as at the time of signing. However, what happens to the contract after it has been signed? Well, as lawyers, we hope (perhaps somewhat optimistically) that the operations manager will consult the carefully drafted contract on a daily basis making sure that the contractor complies with every provision. Often though, as the delivery of the works or services progresses, the contract is only referred to when some difficulty arises. So what happens when the main contractor comes to you and says that there has been a corporate restructure and the contract needs to be novated to another group company, or that it now has the ability to offer additional services which were not originally within scope and by providing these services it can achieve overall savings for the contracting authority?

Lisa Boyd looks at the question of confidentiality and disclosure in the light of the recent TCC guidance note

On 17 July 2017, the Technology and Construction Court Guidance Note (the guidance note) on procedures for public procurement cases came into force. The guidance note aims to help practitioners negotiate the management of public procurement claims, which are becoming increasingly more complex. Despite Northern Ireland being a much smaller jurisdiction than that covered by the Technology and Construction Court in England and Wales, the principles which the guidance note addresses come up regularly in Northern Ireland procurement cases and therefore practitioners based in this jurisdiction may wish to keep one eye on the use of the guidance note as similar procedures may be introduced by the Commercial Judge in due course should they see fit to do so.

In part one of a two-part consideration, Jorren Knibbe assesses judicial developments in the first half of 2017

This article describes developments in public procurement case law in the first half of 2017 (up to mid-June). This part will examine three domestic cases in detail:

Chris Hoyle investigates how to manage procurement crises

The history of the world is littered with failures; some heroic like Dunkirk and others inglorious like Chernobyl. Procurement is no exception, even if it’s not so epic. The phrase ‘Crisis? What crisis?’ helped bring down the Labour government in 1979. Fashioned by a Sun journalist – and not Jim Callaghan, the Prime Minister, as is commonly thought – the headline caught the popular impression of a government unaware of a very serious state of affairs which had sneaked up on it. The phrase though emphasises the high penalty that can be paid by the unwary procurer. The message I’d like to deliver is a simple one and it’s derived from this phrase. Procurement crises happen – people and systems can fail – but informed people can prevent them, and when these crises occur they can rescue the situation.

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