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Geraldine Elliott and Elizabeth Wiggin provide a helpful reminder on the incorporation of exclusion clauses ‘When considering injunctive relief, the question should be asked whether it is just in all the circumstances for a party to be “confined to his remedy in damages” by virtue of an exclusion clause.’Very often, it is not what the …
Continue reading "Drafting: Feeling excluded"
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Jenny Salmon reports on MT Højgaard A/S v E.ON and the lessons to be learned ‘Any warranty as to the length of operational life should have been expressly set out in the contract… and not buried in the technical requirements.’Contracts are the foundation-stone for the legal rights and responsibilities of the parties to any construction …
Continue reading "Contract: Failing foundations – the legal approach to contractual ambiguity"
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Nusrat Zar and Rachel Lidgate investigate a recent judicial assessment of a tender evaluation ‘This is the first time that an English court has set aside an authority’s decision to award a contract pursuant to the Public Contracts Regulations 2006.’In Woods Building Services v Milton Keynes Council [2015], the court held that a disappointed bidder …
Continue reading "Tendering: Keeping score"
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Graeme Young looks at the recent consultation on the remedies regime ‘The Commission’s annual implementation review for 2013 reported that since 1 January 2010 the UK was the third-most investigated member state, with four infringement cases having reached at least the stage of sending a letter of formal notice.’The European Commission recently concluded a public …
Continue reading "Remedies: Re(fit) for purpose?"
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James Parker evaluates the government’s recent report on productivity ‘The importance of skills in infrastructure delivery has really come to the fore and it is good to see that the scope of the NIP (national infrastructure plan) is to expand on this front.’How the UK plans and delivers its infrastructure development is crucial to making …
Continue reading "Infrastructure: Planning to prosper"
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Rory Ashmore assesses the impact of the new light touch regime ‘Light touch regime contracts will benefit from far greater flexibility than those whose procurement is fully regulated under the Public Contracts Regulations 2015.’On 9 March 2015, the Cabinet and Crown Commercial Service (CCS) issued guidance on a new ‘light touch regime’ (LTR) for the …
Continue reading "Regulation: Feeling your way"
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David Sawtell considers how far good faith can apply to repudiatory breach ‘If the innocent party has no other reason to affirm the contract than to maximise its damages, the court might scrutinise its claim.’If a party is in serious breach of a contract, the so-called ‘innocent’ party needs to know whether or not it …
Continue reading "Contract: Take the money and don’t run"
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Deborah Ramshaw reports on a recent judgment highlighting the pitfalls of disclosure ‘The court found that the council had sought a potentially unfair advantage through its attitude to disclosure; in particular the court found that it was unfair for the council to “pick and choose what documents they provide and when, as it suits them”.’The …
Continue reading "Disclosure: Finding the missing link"
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Lisa Boyd looks at the promotion of SME engagement under the 2015 Public Contracts Regulations ‘Uninformed contracting authorities may not be aware of the new rules on lots and thus fall foul of the “do or explain” regime, which would leave them open to challenge.’Contracting authorities strive to achieve value for money through their various …
Continue reading "Legislation: Small is beautiful"
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Tim Pugh and James Parker examine recent proposals for devolution and what it might mean for infrastructure delivery ‘Who will make the call when a centrally driven project impacts on the city, county, town or region in question and its plans?’How the UK plans and delivers its infrastructure development is crucial to making sure the …
Continue reading "Policy: Knitting Britain’s future"
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