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Matthew Hall examines the role of the CMA in controlling cartels ‘It is clear that being involved in a cartel remains a key risk area for all businesses. Apart from fines, cartel decisions invariably give rise to reputational damage and these days it is almost inevitable that customers will bring private actions for damages.’The European …
Continue reading "Cartels: Jobs for the boys"
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Dr Sam De Silva considers the role of service credits ‘If the service level/service credit scheme is too complex, a disproportionate amount of time and effort will be devoted by the parties to its maintenance. It is therefore normally in the interests of both parties to limit the number of service levels which attract service …
Continue reading "Remedies: Credit where credit’s due"
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Victoria Redman explores the implications of state aid ‘Local authorities and developers entering into section 106 agreements, or renegotiating section 106 agreements to release obligations for contributions, will need to consider and recognise the potential for state aid and, where appropriate, take steps to avoid it.’At the end of January, the European Commission launched an …
Continue reading "State Aid: A benevolent big brother"
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John Houlden and Brendan Ryan highlight how public authorities might rely on the new EU procurement regime prior to UK transposition ‘The obligation not to compromise a directive’s implementation applies not only to national legislators, but also to national courts as organs of the member states.’A new EU public procurement regime has entered into force …
Continue reading "Reform: The wind of change"
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Lisa Kingston reports on the CIOB Complex Projects Contract 2013 ‘CPC 2013 aims to make any disputes that arise less contentious and shorter in duration by bringing issues to the fore immediately through the issue resolution process.’In April 2013, after two years of drafting and consultations, the Chartered Institute of Building launched the CIOB Complex …
Continue reading "Construction: Seeing the big picture"
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Dr Stuart Thomson discusses the rise and rise of social media in crisis communications ‘To really be effective, an organisation’s social media presence needs to be established in advance of any crisis.’Crisis communication is increasingly focusing on social media, but too often the emphasis is on how fast something is posted instead of the content. …
Continue reading "Technology: It’s good to tweet"
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Nick McMahon and Mamata Dutta outline a recent case on health and safety duties ‘No matter what business you may have, you must take fire safety seriously.’No matter the size of the contracting exercise or the negotiated duties of the parties, a recent news story which raised smiles in some quarters has actually emphasised a …
Continue reading "Health And Safety: The pain of compliance"
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Adrian Chamberlain warns of the risks in poor supply chain visibility ‘Centralising supplier data within global communities and on behalf of global industries creates the visibility needed to mitigate supply chain risk.’In the absence of accurate global data on suppliers, buyers are exhibiting ‘blind faith’ in lower tiers of their supply chain. Poor visibility at …
Continue reading "Supply Chains: Weak links"
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Marc Fèvre reviews the recently published national infrastructure plan ‘The NIP has consolidated piecemeal infrastructure policies and projects into a coherent long-term plan. It has been well received as providing certainty as to priorities and opportunities.’The UK government published its fourth national infrastructure plan (NIP) on 4 December 2013, announcing its spending plan for the …
Continue reading "Infrastructure: NIP and tuck"
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John Houlden and Brendan Ryan discuss information sharing in government procurement exercises ‘It goes without saying that the PPN’s potential to generate cost savings and ensure better contractual compliance will be welcome news for procurement managers and taxpayers alike, and it is to be hoped that the rules are accompanied by sensible safeguards to manage …
Continue reading "Procedure: Open government"
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