Within this section of our website we make available updates and articles written by our directors, associate directors and consultants. We would point out that these are not simply case reports and comments, which are available from numerous other printed and web based sources, but serious consideration of regularly posed problems encountered by our clients.
The index below will regularly be updated so please bookmark this site for your return visits. Each article is attributed to its author and we welcome contact either by the email link or by telephone from anyone with a related query.
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| Alternative Dispute Resolution |
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Kevin McKee |
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| The following is a paper prepared by Kevin McKee, on Alternative Dispute Resolution methods for a talk at the Thames Valley Branch of the Chartered Institute of Arbitrators on Wednesday 8 February 2006. |
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| JCT 2005 Framework Agreement |
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Kevin McKee |
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| Framework Agreements are generally put in place to carry out programmes of work and in so doing seek to achieve benefits arising from economies of scale, early contractor involvement and opportunities to develop efficiencies. They are generally used for longer term public sector and private sector procurement.The JCT Framework Agreements are new additions to the JCT suite and come in legally binding or non-binding form. They are suitable for use where it is intended to have a collaborative approach with a view to achieving progressive improvements in the way work is performed. This article reviews some of the key points of the JCT 2005 Framework Agreement |
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| Construction Challenge for the London Olympics 2012 |
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Kevin McKee |
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| The London Olympics to be held in 2012 provide a major opportunity and challenge for the UK construction industry. This article details the bodies with management responsibility and the key dates for the development of the infrastructure and venue. |
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| Construction Industry Key Performance Indicators and the Client |
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Kevin McKee |
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| This article compares the data from key performance indicators against client expectations. It highlights the importance of client satisfaction and the need to establish realistic programmes and budgets from the outset. |
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| Insurance Policies and Consequential Loss |
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Nigel Clayton |
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| A review of the case Horbury Building Systems Ltd v Hampden Insurance NV [2004] EWCA Civ 418. This highlights the importance of making sure that you read the fine print of insurance poilicies, or contacting your broker, in order to be sure that you are covered for what you think you are. |
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| Force Majeur, Acts of God and Others |
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Nigel Clayton |
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| A reminder of the definitions of Force Majeur and Vis Majeur and how they are handled within some of the standard forms of construction contracts. |
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| Project Management in Construction using Earned Value Analysis - EVA |
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Kevin McKee |
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| Earned Value Analysis (EVA) is a proactive way of managing and controlling projects that is used extensively in a range of industries and is increasingly being used as a project management tool in construction. This article outlines the principles behind EVA and some of the challenges involved. |
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| Delivering added value and improvements in efficiency |
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Kevin McKee |
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| Value can be defined as the degree to which an object or service satisfies a need measured against the resources required to produce the object or to deliver the service. Many successful organisations promote the use of value management and the development of performance management frameworks to deliver added value to clients and improve efficiency. This article outlines the typical points to consider in a performace management framework. |
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| The JCT Major Projects Form 2003 Edition |
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Brunswick IS |
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| A review of the key features of the JCT Major Projects Form launched by the Joints Contracts Tribunal. |
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| The Contracts (Rights of Third Parties) Act 1999 |
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Michael Rowlinson |
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| A review of the way in which the Act reforms the rule of "Privity of contract" and looks at the way parties can contract out of the Act and its treatment in Standard Forms of Contract. |
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| ICE updates its conditions of contract |
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Richard Silver |
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| The ICE has now reviewed its dispute resolution procedure to give a party the right to refer a dispute to Adjudication at any time, even if the matter has not previously been the subject of an "Engineer's decision". |
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| The NEC Partnering Option X12 |
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Mark Bezzant |
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| This article describes the NEC Partnering Option X12 and highlights its key features. |
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| Delay and Disruption Protocol |
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Mark Bezzant |
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| This article looks at the Delay & Disruption Protocol produced by the Society of Construction Law and highlights the key information and recommendations. |
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| What is Mediation? |
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Kevin McKee (Accredited Mediator) |
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| This article describes the mediation process which is designed to assist the parties in reaching their own voluntary agreements and solutions to disputes. |
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| PPC 2000 the |
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Kevin McKee |
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| This article looks at the key features of the PPC2000 contract which is heralded as "the first standard form project partnering agreement". |
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| The 'Be' Collaborative Agreement |
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Brunswick IS |
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| The 'Be' Collaborative Contract was launched on the 12th September 2003 by the Reading Design Forum and the Design & Build Forum. This article reviews the key features of this agreement. |
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| PFI Schemes - A Typical Structure |
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Michael Rowlinson |
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| This article reviews the basic principle behind creating an effective PFI agreement. |
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