Wed11222017

Last updateTue, 24 Feb 2015 5pm

Julie-Ann McCaffrey reports on a recent ruling dealing with abnormally low bids

Abnormally low bids have been a subject of conversation for authorities and aggrieved bidders in recent times. While the authority wants to achieve value for money by receiving goods, services or works from a suitably qualified contractor at the best price, it also wants to ensure that the contractor can deliver the contract properly and fulfil the contract at the price quoted.

Chris Hoyle reflects on the potential for economic efficiency in the years ahead

They think it’s all over. Well, it’s only just begun! With apologies to history (1966 and all that) the UK’s eventual exit from membership of the EU offers a once-in-a-lifetime opportunity to introduce greater efficiency into public sector procurement and by doing so to remove the unnecessary ideological baggage that accompanies this area.

Peter Kershaw makes a plea for stakeholders to respond to the latest government consultations around increasing housing supply and improving planning performance

Written by Noel Gallagher and sung by Oasis, the lyrics from the hit Fade Away have been listened to by millions who grew up in the ‘90s. Previously described by Noel in Melody Maker magazine as a song ‘about growing up, but at the same time not growing old’, his lyrics for me have come to reflect the current sombre inevitability of life for people of all ages in England who find themselves unable to grow up as they wish, and unable to grow old as they wish, while desperately stuck on the peripheral margins of today’s housing sale and rental market unable to secure a suitable home to move into.

Richard Hough highlights the key points in recent Crown Commercial Service guidance

Newly published Crown Commercial Service (CCS) guidance encourages contracting authorities to incorporate social, ethical and environmental considerations into various stages of their procurement processes, as permitted by provisions already in place in the Public Contracts Regulations 2015 (PCR 2015).

In the second of two articles, Chris Parker, Gregg Rowan and Nick Pantlin look at the judicial implication of a duty of good faith

Part one: 'Keeping the faith', POJ33, November/December 2016

In Yam Seng Pte Ltd v International Trade Corp Ltd [2013], the High Court took what is arguably a novel approach in implying a duty of good faith into an ordinary commercial contract, purporting to apply normal principles governing contractual interpretation and the implication of terms. The judge referred to the two traditional criteria for implying a term into a contract, namely whether the term is:

Doug Wass and Nikolas Ireland provide an update on contractual remedies

The Court of Appeal’s recent decision in Scottish Power UK plc v BP Exploration Operating Company Ltd [2016] has given guidance on the approach the court should take when considering whether a contractual remedy for a breach of contract should be interpreted as the sole remedy for that breach to the exclusion of all other common law remedies.

Dr Sam De Silva discusses the merits and operation of acceptance testing

Whenever a customer procures products/services it must consider whether it needs to test those products and services before it accepts them. This process is usually called acceptance testing. It is commonly tied in some way to commissioning, which is the internal process followed to prepare new goods/services for use by the customer.

Emily Heard weighs up the adequacy of damages and the lifting of the automatic suspension when profit is not the only consideration

In the recent High Court procurement challenge of Perinatal Institute v Healthcare Quality Improvement Partnership [2016], the court lifted the automatic suspension, holding that while there was a serious issue to be tried, damages would be adequate for the claimant, and further that the balance of convenience favoured lifting the suspension.