Impartial Critiques of Partnering in Construction Projects

Throughout February 2008 Alway Associates are running series of seminars on PPC2000 across South West England and Wales.   The course is designed for partnering professionals and PPC2000 users.  

COST: £50 (plus VAT) PER PERSON. ALSO AVAILABLE IN-HOUSE (UNLIMITED PARTICIPANTS) SUBJECT TO AGREEMENT OF FEE 

Speaker: Robert Shawyer, LLB (Hons), Pg Dip Legal Practice, IPD Int.Arb., FCIOB, MRICS, MCIArb, MCMI, FNADR, MASI, MInstCES, APA,FFB

By popular request, today we upload our collection of thoughts and experiences on Partnering in Construction. We shall continue adding new articles and resources on a daily basis. Please leave your comments on what aspects of Construction Law you would like covered here. And a BIG THANK YOU  for all your visits so far! Alway Associates Team.

 

PPC2000 the “Full Monty of Partnering and Modern Best Practice”

The PPC2000 describes itself as being “the first Standard Form Project Partnering Contract” and has been variously trumpeted as being “a blow for freedom” by Sir John Egan and “the full monty of partnering and modern best practice” by Sir Michael Latham. So what are the key features of this form of contract?

 

PPC 2000 = A New Hat and Coat or Just a New Hat for an Old Coat?

The Oxford dictionary definition of a Partner is, as follows: ‘a person who shares or takes part with another or others, esp. in business’ 
 
This definition is salient to its context within the construction industry. Indeed Sir Michael Latham’s report, ‘Constructing the Team’, sought to achieve matters that one might submit are partnering issues. The Latham Report took, a more pragmatic approach namely that the various contract drafting bodies join to produce a set of basic principles and be part of a family of interlocking documents.

 

Paid Late? You Might Be Able to Charge Interest!

If you are paid late you may well be unsure as to whether you should be paid interest on the outstanding money. This article looks at the options available to the “injured party”. We would be very interested to hear about your opinions on this - and maybe even get your true stories, if we are lucky!

 

What have Oliver Twist, DOM/1, DOM/2 and the Housing Construction and Regeneration Act have in Common?

No - the answer I am looking for is not that they all contain the letter “o”.  The conceptual marriage of the above came to me whilt having one eye on the film and one eye on the payment terms of these two Sub-Contract Standard Forms.

This occurred to me whilst watching the scene when young Master Twist is greeted by a bellowing denouncement of his request for MORE. That is just what a sub-contractor wants after Pracitcal Completion - MORE interim payments, MORE money and BETTER cash flow.   

 

NEC3 – Revisions to the Schedules of Cost Components and the Fee in the ECC

The time has come to get down into some gritty detail. There are so many things to write about I was having trouble deciding where to start. However my mind was made up when I spent an enjoyable and productive afternoon with a group at one of our client’s offices taking them through the changes from NEC2. The group included an estimator who had a job to price on NEC3 (yes, an Employer/Project Manager has taken the plunge and used the form straight away and without Option Z). The estimator, who is experienced at pricing under NEC2, was interested in the changes to the Schedules of Cost Components and the definition of the Fee (clause 11.2(8)) so he could get the percentages right, and that gave me the starting point for considering the detail in the 3rd edition of the ECC.

I will start with the full schedule.

 

CONSTRUCTION & PROPERTY COURSES/WINTER 2007/2008

AVAILABLE ALL OVER SOUTH WEST ENGLAND AND WALES

COST: £50 (plus VAT) PER PERSON. ALSO AVAILABLE IN-HOUSE (UNLIMITED PARTICIPANTS) SUBJECT TO AGREEMENT OF FEE

Speakers:

Robert Shawyer, LLB (Hons), Pg Dip Legal Practice, IPD Int.Arb., FCIOB, MRICS, MCIArb, MCMI, FNADR, MASI, MInstCES, APA,FFB

NEW! STEP BY STEP GUIDE TO ADJUDICATION, INCLUDING A REVIEW ON THE PROPOSED AMENDMENTS TO THE CONSTRUCTION ACT

Adresses the adjudication process and in particular, the means to challenge abuse and delay by payers. Considers:

- adjudication provisions under the Construction Act

- adjudication mechanism and management

- the pit falls and opportunities

- current Case Law

- proposed amendments to Construction Act

 

Hello Wales and South West!

Any dispute requires accurate and realistic advice that will enable each party to fully weigh up the commercial and legal considerations open to them. Hence one of our first contrubutions to this blog are a series of articles on Arbitration, Adjudication and Mediation. Check out our Contract Law Section and please don’t hesitate to post your questions and comments!

Also, check our Training & Seminars section for our updated 2008 Seminars Programme.

Coming Soon! A guide to NEC3, Impartial Critiques of Partnering on Construction Projects and JCT2005: Update and Overview from the 1998 Edition.