Too much carbon in the atmosphere contributes to global warming. Currently, the operation of buildings in the UK is estimated to contribute around 40% of the country’s greenhouse gas emissions. Performance improvements are required both for new build and for refurbishment works. Notwithstanding a building’s performance, similar consideration must be given for infrastructure projects when… Continue reading Construction Industry Sustainability and BREEAM
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Defects and Abortive Work
The identification of defects in construction work often needs to be a considered view. Pointing out non-compliance of construction activities versus the design requirements is easy when identifying defects, but what has caused the issue in the first place and what is the root cause requiring remedial works? That’s the part that needs close consideration.… Continue reading Defects and Abortive Work
Conflicts of Interest
The term “conflict of interest” is widely used to describe situations where a person or organisation is involved in multiple interests, financial or otherwise, which could corrupt the motivation or decision making of that individual or organisation. A conflict of interest exists if the circumstances create a risk that a decision may be unduly influenced… Continue reading Conflicts of Interest
Acceleration Claims
Acceleration Quotations In most construction contracts, pressure on achieving a completion date is difficult. It’s harder still when impacted by project delays, which can be of either party’s making. The options available to the contractor are: Overrun past completion, which would cause reputational damage and, dependent on the contract conditions, may also mean the levying… Continue reading Acceleration Claims
Construction Progress Reporting
Construction projects contain many variables in terms of the different packages and components coming together. The requirement to manage all of these in challenging conditions can be a real test logistically. If you’re working on one project with a single site and precise programming sequence, this may seem manageable. However, if you upscale this to… Continue reading Construction Progress Reporting
Non-Completion Notices and Extensions of Time
Construction contracts contain start dates and end dates. With many projects, the end date is critical to meet follow-on works, trigger a funding release, or avoid penalties for overrunning and not operating on time in the case of infrastructure projects. For this reason, many clients seek to invoke the right to levy liquidated and ascertained… Continue reading Non-Completion Notices and Extensions of Time
Set-Off Rights
It is not uncommon for developers or clients to generally work with the same supply chain project to project or even, in certain circumstances, have more than one contract with a supplier but on the same project. As a client, you would need to recover sums due from the contractor or subcontractor, and you may… Continue reading Set-Off Rights
Pre-Construction Planning
The journey through to the end of detailed design and before physical works starting is known as the pre-construction phase. Whether, as a client or developer, you contract at the earliest stage or proceed through a more traditional route, you should follow the same steps, regardless of whether you outsource all of the works, if… Continue reading Pre-Construction Planning
COVID-19 Construction Claims
While the UK Government has published guidance on how the construction industry should continue during the pandemic, there was a period between the country going into lockdown, the confusion about how to implement social distancing guidelines, and other new working methods before the guidance was published. Notwithstanding this, there were the measures to be adopted… Continue reading COVID-19 Construction Claims
Programme Negotiations – The Developer’s Perspective
Before entering the next contract with a main contractor or subcontractor, ask yourself if you know the programme in detail? I mean, beyond “yes, they need to finish in 20 weeks”. I didn’t ask myself this question often enough and probably made a mistake to that end. To my liking, the programme and negotiation of… Continue reading Programme Negotiations – The Developer’s Perspective