This category can only be viewed by members.
Melanie Pears and Tim Care take a look at the recently published Supplier Code of Conduct ‘Suppliers must treat subcontractors fairly; they must not pass unreasonable levels of risk to the subcontractors who cannot reasonably be expected to manage or carry those risks.’ The Supplier Code of Conduct has been introduced by the government with …
Continue reading "Contracting: Regular supplies"
This post is only available to members.
Jorren Knibbe concludes his review of some noteworthy decisions of the UK and European courts ‘It is not clear from the EU procurement Directives how they are intended to operate where a technical specification is discriminatory but can be justified. In those circumstances, the result under the Directives and under Art 34 ought to be …
Continue reading "Update: Sign of the times"
This post is only available to members.
Sapna Garg reports on developments in the oral amendment of contracts ‘Parties to agreements should now be acutely conscious that informal communications could amount to a valid, enforceable variation of the original agreements entered into even if they are not documented or signed.’ A noteworthy trend at both High Court and Court of Appeal level …
Continue reading "Variations: A slip of the tongue"
This post is only available to members.
In part one of a two-part consideration, Jorren Knibbe assesses judicial developments in the first half of 2017 ‘Until there is higher judicial authority on the point, any defendant to a significant damages claim will have an incentive to argue that its breaches (if any) were not sufficiently serious.’ This article describes developments in public …
Continue reading "Update: The best of times, the worst of times"
This post is only available to members.
Lisa Boyd looks at the question of confidentiality and disclosure in the light of the recent TCC guidance note ‘The guidance note suggests that confidential information should be in a self-contained schedule or annex and that any confidential information served electronically should be further protected by way of passwords etc.’ On 17 July 2017, the …
Continue reading "Disclosure: Hidden in plain sight"
This post is only available to members.
Richard Hough examines the procurement law issues involved in changing a public contract ‘If the proposed change is a “material” one, it is possible that the amended contract could be considered to be a new contract and, if not procured under the Regulations, the authority could be challenged for being in breach of the Regulations.’ …
Continue reading "Practice: Making changes to public contracts"
This post is only available to members.
Claire King analyses recent judicial trends in the contractual interpretation of construction contracts ‘What has sometimes been used as a “get out of jail card” (ie arguing business common sense to escape an otherwise harsh result) is going to be an increasingly hard card to use in the future.’ The key to resolving disputes is …
Continue reading "Construction: Brick by brick"
This post is only available to members.
Richard Booth reports on a recent Supreme Court judgment highlighting the need for clarity of drafting ‘The case provides categorical confirmation that an obligation to carry out and complete works without defects such that they are fit for purpose cannot be avoided on the basis the employer specified a particular item or design.’ The Supreme …
Continue reading "Contract: A fitting judgment"
This post is only available to members.
Peter Kershaw outlines recent proposals addressing energy storage ‘Energy storage, especially from new battery storage technology, can potentially provide landowners on constrained sites with a new opportunity to maximise the potential of their land.’ Local authorities, hospitals, universities, charities, large businesses and farms are just some of the organisations placing themselves on immediate standby to …
Continue reading "Energy: Power to the people"
This post is only available to members.
Graeme Young highlights the revised rules for procurement challenges in England and Wales ‘The note strongly suggests that the court will be minded to allow specific and early disclosure ahead of any lifting hearing provided there is some prima facie concern with the process and the documents requested can reasonably be viewed as relevant.’ The …
Continue reading "Procedure: Taking notes"
This post is only available to members.
